Search Legislation

Police and Justice Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police and Justice Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified provision(s) amendment to earlier commencing SI 2006/3364 art. 3 by S.I. 2008/617 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Police and Justice Act 2006

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Power to modify objects, functions and structure of the AgencyE+W+S+N.I.

48(1)The appropriate authority (see sub-paragraph (4)) may by order make provision—E+W+S+N.I.

(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, 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, and

(b)so far as it is power to make provision not falling within sub-paragraph (5), 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.

(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,

(b)the Association of Police Authorities, 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.

(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).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources