Police and Justice Act 2006

Part 6 U.K. Interpretation and modification

Interpretation U.K.

47 (1) In Parts 1 to 5, and this Part, of this Schedule— U.K.

• “the Agency” means the National Policing Improvement Agency;

• “the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland.

(2) In Parts 1 to 5 of this Schedule “financial year” means—

(a) the period beginning with the day on which the Agency is established and ending with the following 31st March, and

(b) each subsequent period of 12 months ending with 31st March.

(3) In Part 2 of this Schedule “appointed member” has the meaning given by paragraph 7(6).

Commencement Information

I1 Sch. 1 para. 47 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

Power to modify objects, functions and structure of the Agency U.K.

48 (1) The appropriate authority (see sub-paragraph (4)) may by order make provision— U.K.

(a) for modifying the objects, powers and duties of the Agency;

(b) for modifying the constitution of the Agency and any provision regulating its management and control;

(c) for conferring powers on the Secretary of State in relation to—

(i) the objects, powers and duties of the Agency,

(ii) the constitution of the Agency and the regulation of its management and control, and

(iii) members of the Agency's staff;

(d) for imposing, on persons in relation to whom the Agency has or is given powers or duties, obligations to consult with the Agency or to do other things in relation to the Agency.

(2) In sub-paragraph (1) “modifying” includes adding to, varying and diminishing.

(3) Power under sub-paragraph (1) may be exercised to give the Agency objects, powers or duties in relation to persons who have no functions in relation to, nor any connection with, policing if—

(a) they carry out functions in, or in relation to, prisons in England or Wales,

(b) they are officers of a local probation board [F1 or officers of a provider of probation services], or

(c) they are persons falling within neither of paragraphs (a) and (b) who carry out functions for the purposes of the criminal justice system in England and Wales.

(4) Power of the appropriate authority under sub-paragraph (1)—

(a) so far as it is power to make provision falling within sub-paragraph (5), is power of the Scottish Ministers, F2 ...

[F3 (aa) so far as it is power to make provision falling within sub-paragraph (5A), is power of the Department of Justice in Northern Ireland, and]

(b) so far as it is power to make provision not falling within sub-paragraph (5) [F4 or (5A)], is power of the Secretary of State.

(5) The provision falling within this sub-paragraph is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

[F5 (5A) The provision falling within this sub-paragraph is provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]

(6) Power of the Scottish Ministers under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

(7) Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (8), is exercisable only with the consent of the Scottish Ministers.

(8) The provision falling within this sub-paragraph is provision—

(a) that affects, or may affect, any of the persons mentioned in paragraph 4(2) (police forces, and other policing bodies, in Scotland), or

(b) that affects, or may affect, the rights and powers of the Scottish Ministers.

(9) Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(2), is exercisable only with the consent of the Scottish Ministers.

(10) Before making an order under sub-paragraph (1), the Secretary of State must consult—

(a) the Agency,

[F6 (b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(c) the Mayor's Office for Policing and Crime,

(d) the Common Council of the City of London, and]

(c) the Association of Chief Police Officers.

(11) Before making an order under sub-paragraph (1), the Scottish Ministers must consult—

(a) the Agency,

(b) the Scottish Police Services Authority,

(c) persons whom the Scottish Ministers consider to represent the interests of chief constables of police forces in Scotland, and

(d) persons whom the Scottish Ministers consider to represent the interests of bodies within sub-paragraph (13).

(12) Before deciding whether to give consent for the purposes of sub-paragraph (7) or (9), the Scottish Ministers must consult—

(a) the Scottish Police Services Authority,

(b) persons whom the Scottish Ministers consider to represent the interests of chief constables of police forces in Scotland, and

(c) persons whom the Scottish Ministers consider to represent the interests of bodies within sub-paragraph (13).

(13) A body is within this sub-paragraph if it is—

(a) the police authority for a police area in Scotland that is not combined, by virtue of an amalgamation scheme under the Police (Scotland) Act 1967 (c. 77), with any other police area in Scotland, or

(b) a joint police board constituted under such a scheme.

[F7 (13A) Power of the Department of Justice in Northern Ireland under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

(13B) Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (13C), is exercisable only with the consent of the Department of Justice in Northern Ireland.

(13C) The provision falling within this sub-paragraph is provision—

(a) that affects, or may affect, any of the persons mentioned in paragraph 4(5), or

(b) that affects, or may affect, the rights and powers of the Department of Justice in Northern Ireland.

(13D) Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(5), is exercisable only with the consent of the Department of Justice in Northern Ireland.

(13E) Before making an order under sub-paragraph (1), the Department of Justice in Northern Ireland must consult—

(a) the Agency,

(b) the Northern Ireland Policing Board, and

(c) the Chief Constable of the Police Service of Northern Ireland.

(13F) Before deciding whether to give consent for the purposes of sub-paragraph (13B) or (13D), the Department of Justice in Northern Ireland must consult—

(a) the Northern Ireland Policing Board, and

(b) the Chief Constable of the Police Service of Northern Ireland.]

(14) An order under sub-paragraph (1) may—

(a) make provision for the making of determinations, or the giving of approvals, by the Secretary of State under the order;

(b) contain provision framed by reference to determinations made or approvals given under provision such as is mentioned in paragraph (a);

(c) contain provision framed by reference to the Secretary of State's opinion, from time to time, as to any matter.

(15) Provision under sub-paragraph (1) (including, without prejudice to the generality of section 20(2) of the Interpretation Act 1978 (c. 30), provision made under sub-paragraph (1) in reliance on section 49(3)) may take the form of amendments of enactments whenever passed or made, including—

(a) enactments comprised in, or in instruments made under, Acts of the Scottish Parliament,

(b) enactments comprised in, or in instruments made under, Northern Ireland legislation, and

(c) enactments comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Textual Amendments

F1 Words in Sch. 1 para. 48(3)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 22

F2 Word in Sch. 1 para. 48(4)(a) omitted (18.10.2012) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 14(3)(a)(i) (with arts. 24-28)

F3 Sch. 1 para. 48(4)(aa) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 14(3)(a)(i) (with arts. 24-28)

F4 Words in Sch. 1 para. 48(4)(b) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 14(3)(a)(ii) (with arts. 24-28)

F5 Sch. 1 para. 48(5A) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 14(3)(b) (with arts. 24-28)

F6 Sch. 1 para. 48(10)(b)-(d) substituted for Sch. 1 para. 48(10)(b) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 360(8); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 78)

F7 Sch. 1 para. 48(13A)-(13F) inserted (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 14(3)(c) (with arts. 24-28)

Commencement Information

I2 Sch. 1 para. 48 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)