Search Legislation

Police and Justice Act 2006

Status:

This is the original version (as it was originally enacted).

32Her Majesty’s Inspectorate of Court Administration

This section has no associated Explanatory Notes

(1)In Part 5 of the Courts Act 2003 (c. 39) (inspectors of court administration), after section 61 there is inserted—

61AFurther provision about the inspectorate

Schedule 3A (further provision about the inspectorate) has effect.

(2)After Schedule 3 to that Act there is inserted—

Section 61A

SCHEDULE 3AFurther provision about the inspectors of court administration

Delegation of functions

1(1)An inspector of court administration may delegate any of his functions (to such extent as he may determine) to another public authority.

(2)If an inspector of court administration delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of this Part as carried out by the inspector.

(3)In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks

2(1)The Chief Inspector shall from time to time, or at such times as the Lord Chancellor may specify by order, prepare—

(a)a document setting out what inspections he proposes to carry out (an “inspection programme”);

(b)a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”).

(2)Before preparing an inspection programme or an inspection framework the Chief Inspector shall consult the Lord Chancellor, the Lord Chief Justice of England and Wales and (subject to sub-paragraph (3))—

(a)Her Majesty’s Chief Inspector of Prisons,

(b)Her Majesty’s Chief Inspector of Constabulary,

(c)Her Majesty’s Chief Inspector of the Crown Prosecution Service,

(d)Her Majesty’s Chief Inspector of the National Probation Service for England and Wales,

(e)Her Majesty’s Chief Inspector of Education, Children’s Services and Skills,

(f)the Commission for Healthcare Audit and Inspection,

(g)the Commission for Social Care Inspection,

(h)the Audit Commission for Local Government and the National Health Service in England and Wales,

(i)the Auditor General for Wales, and

(j)any other person or body specified by an order made by the Lord Chancellor,

and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3)The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

(4)The Lord Chancellor may by order specify the form that inspection programmes or inspection frameworks are to take.

(5)Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of court administration from making visits without notice.

Inspections by other inspectors of organisations within inspectors' remit

3(1)If—

(a)a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b)the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the Chief Inspector shall, subject to sub-paragraph (6), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2)The persons or bodies within this sub-paragraph are—

(a)the Audit Commission for Local Government and the National Health Service in England and Wales;

(b)any other person or body specified by an order made by the Lord Chancellor.

(3)In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Lord Chancellor.

(4)A person or body may be specified under sub-paragraph (3) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of court administration under section 59 of this Act.

(5)A person or body may be specified under sub-paragraph (3) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(6)The Lord Chancellor may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(7)Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (8).

(8)The Lord Chancellor, if satisfied that the proposed inspection—

(a)would not impose an unreasonable burden on the organisation in question, or

(b)would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(9)The Lord Chancellor may by order make provision supplementing that made by this paragraph, including in particular—

(a)provision about the form of notices;

(b)provision prescribing the period within which notices are to be given;

(c)provision prescribing circumstances in which notices are, or are not, to be made public;

(d)provision for revising or withdrawing notices;

(e)provision for setting aside notices not validly given.

Co-operation

4The inspectors of court administration shall co-operate with—

(a)Her Majesty’s Chief Inspector of Prisons,

(b)Her Majesty’s Inspectors of Constabulary,

(c)Her Majesty’s Chief Inspector of the Crown Prosecution Service,

(d)Her Majesty’s Inspectorate of the National Probation Service for England and Wales,

(e)Her Majesty’s Chief Inspector of Education, Children’s Services and Skills,

(f)the Commission for Healthcare Audit and Inspection,

(g)the Commission for Social Care Inspection,

(h)the Audit Commission for Local Government and the National Health Service in England and Wales,

(i)the Auditor General for Wales, and

(j)any other public authority specified by an order made by the Lord Chancellor,

where it is appropriate to do so for the efficient and effective discharge of the inspectors' functions.

Joint action

5(1)The inspectors of court administration may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectors' functions.

(2)The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

(a)what inspections the inspectors of court administration propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

(b)what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3)The chief inspectors within this sub-paragraph are—

(a)Her Majesty’s Chief Inspector of Prisons;

(b)Her Majesty’s Chief Inspector of Constabulary;

(c)Her Majesty’s Chief Inspector of the Crown Prosecution Service;

(d)Her Majesty’s Chief Inspector of the National Probation Service for England and Wales.

(4)A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5)Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6)The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Assistance for other public authorities

6(1)The inspectors of court administration may if they think it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

(2)Assistance under this paragraph may be provided on such terms (including terms as to payment) as the Chief Inspector thinks fit.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 enacted version 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