Chapter 11 – Her Majesty’s Inspectors of Constabulary in Scotland
76.This Chapter describes the role, powers and functions of Her Majesty’s inspectors of constabulary in Scotland (HMICS), which will retain its existing powers and take on an additional power to examine the delivery of best value. Section 71 continues the existence of HMICS. Her Majesty can by Order in Council appoint and dismiss such number of inspectors as determined by the Scottish Ministers. The Scottish Ministers may designate one of those inspectors as the chief inspector of constabulary, and set levels of remuneration or allowances. The Scottish Ministers may appoint and set terms and conditions for assistant inspectors under section 72. Subsection (2) provides that constables engaged on service as assistant inspectors are under the direction and control of the inspectors of constabulary. Subsection (3) provides that Scottish Ministers are liable in reparation in respect of any unlawful conduct on the part of a constable engaged as an assistant inspector of constabulary in relation to the exercise of that constable’s functions. Under section 73, inspectors can appoint staff officers to assist them, and set their terms and conditions of employment. Subsection (2) provides that a constable engaged on service as a staff officer is under the direction and control of the inspectors of constabulary. Subsection (3) provides that the inspectors are liable in reparation in respect of any unlawful conduct on the part of a constable engaged as an inspector of constabulary in relation to the exercise of the constable’s functions.
77.Section 74 provides that the Scottish Ministers may direct the inspectors of constabulary to make inquiries about any matter relating to the SPA or Police Service. The inspectors of constabulary may make such other inquiries as they think fit about the state, efficiency and effectiveness of the SPA and the Police Service, and the arrangements made by the SPA and the chief constable under their duty to secure best value. Under section 75, the inspectors of constabulary must prepare and publish a plan setting out their priorities for inquiries, and information on how inquiries will be carried out in a proportionate, accountable and transparent way. The plan must be reviewed and may, from time to time, be revised. Appropriate persons must be consulted when the plan, or revised plan, is being prepared.
78.Under section 76 the inspectors of constabulary are given general powers to do anything considered necessary or expedient in carrying out their functions, and may delegate these functions to any assistant inspector or staff officer, although they will still retain responsibility for the performance of those functions and remain able to perform them. Section 77 provides that the SPA and chief constable must assist and cooperate with the inspectors of constabulary.
79.Section 78 provides that as soon as possible after reporting to the Scottish Ministers, the inspectors of constabulary must give a copy of the report to the SPA and, where the report relates to the Police Service, to the chief constable, and publish it. The Scottish Ministers must lay the report before the Scottish Parliament. Section 79 provides that where the inspectors of constabulary have completed an inquiry commenced on their own initiative about the efficiency and effectiveness of the SPA or the Police Service or the arrangements made by the SPA and the chief constable under their duty to secure best value, the report must be given to the SPA and, if the report relates to the Police Service, to the chief constable. The inspectors of constabulary must also lay a copy of the report before Parliament, provide a copy to Scottish Ministers and publish it. Under section 80, the SPA and the chief constable must have regard to the inspectors’ reports, and take appropriate measures in relation to them, when carrying out their functions. Under section 81, where such a report states that the inspectors of constabulary do not consider that the SPA or Police Service are efficient or effective, or will cease to be efficient or effective unless remedial action is taken, or that they are not achieving best value, the Scottish Ministers can direct the SPA to take remedial measures. The SPA must comply with any such direction.
80.The inspectors of constabulary are required under section 82 to prepare and submit an annual report to the Scottish Ministers and the SPA, to publish it and lay it before parliament.