Section 54
Textual Amendments
F1Sch. 4A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 29(2), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)
Modifications etc. (not altering text)
C1Sch. 4A modified (temp.) (1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), arts. 1(1), 3(4)
1(1)An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority.U.K.
(2)If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule 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.
2(1)The chief inspector of constabulary shall from time to time F2... prepare—U.K.
(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 of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))—
(a)Her Majesty's Chief Inspector of Prisons,
(b)Her Majesty's Chief Inspector of the Crown Prosecution Service,
(c)[F3Her Majesty’s Chief Inspector of Probation for England and Wales],
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)Her Majesty's Chief Inspector of Education, Children's Services and Skills,
F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(g)the Care Quality Commission,]
(h)the Audit Commission for Local Government and the National Health Service in England F7...,
(i)the Auditor General for Wales, and
(j)any other person or body specified by an order made by the Secretary of State,
and he shall send to [F8the Secretary of State] a copy of each programme or framework once it is prepared.
[F9(2A)The chief inspector of constabulary must—
(a)lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,
(b)arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and
(c)send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).
(2B)But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).]
(3)The requirement in sub-paragraph (2) to consult, and [F10under sub-paragraph (2A)(c)] to send copies to, a person or body listed in paragraphs (a) to (j) of [F11sub-paragraph (2)] 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.
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(4A)The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.
(4B)Those matters may (in particular) include the need to secure, so far as possible, the following objectives—
(a)that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and
(b)that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.
(4C)For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.]
(5)Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.
Textual Amendments
F2Words in Sch. 4A para. 2(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F3Words in Sch. 4A para. 2(2)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 27(2)(b)
F4Sch. 4A para. 2(2)(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(a) (with art. 2)
F5Sch. 4A para. 2(2)(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(2)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(x), 36
F6Sch. 4A para. 2(2)(g) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(2)(b); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)
F7Words in Sch. 4A para. 2(2)(h) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(j), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)
F8Words in Sch. 4A para. 2(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F9Sch. 4A para. 2(2A)(2B) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F10Words in Sch. 4A para. 2(3) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(5)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F11Words in Sch. 4A para. 2(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(5)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F12Sch. 4A para. 2(4) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(6), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F13Sch. 4A para. 2(4A)-(4C) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1
3(1)If—U.K.
(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 of constabulary 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 of constabulary shall, subject to sub-paragraph (7), 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)Her Majesty's Chief Inspector of Prisons;
(b)Her Majesty's Chief Inspector of the Crown Prosecution Service;
(c)[F14Her Majesty’s Inspectorate of Probation for England and Wales] ;
[F15(d)the Care Quality Commission;]
(e)the Audit Commission for Local Government and the National Health Service in England F16....
(3)The Secretary of State may by order amend sub-paragraph (2).
(4)In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.
(5)A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.
(6)A person or body may be specified under sub-paragraph (4) 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.
(7)The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.
(8)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 (9).
(9)The Secretary of State, 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.
(10)The Secretary of State 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.
Textual Amendments
F14Words in Sch. 4A para. 3(2)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 26(2)(b)
F15Sch. 4A para. 3(2)(d) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(3); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)
F16Words in Sch. 4A para. 3(2)(e) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(j), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)
4U.K.The inspectors of constabulary shall co-operate with—
(a)Her Majesty's Chief Inspector of Prisons,
(b)Her Majesty's Chief Inspector of the Crown Prosecution Service,
[F17(c) Her Majesty’s Inspectorate of Probation for England and Wales],
F18(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)Her Majesty's Chief Inspector of Education, Children's Services and Skills,
F19(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F20(g)the Care Quality Commission,]
(h)the Audit Commission for Local Government and the National Health Service in England F21...,
(i)the Auditor General for Wales, and
(j)any other public authority specified by an order made by the Secretary of State,
where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary.
Textual Amendments
F17Words in Sch. 4A para. 4(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 26(2)(b)
F18Sch. 4A para. 4(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(b) (with art. 2)
F19Sch. 4A para. 4(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(4)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(x), 36
F20Sch. 4A para. 4(g) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(4)(b); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)
F21Words in Sch. 4A para. 4(h) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 9 para. 1(2)(j), Sch. 18 Pt. 9; S.I. 2008/172, art. 4(a)(n)(i)
Modifications etc. (not altering text)
C2Sch. 4A para. 4 applied (10.12.2012) by The Customs (Inspections by Her Majestys Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012 (S.I. 2012/2840), regs. 1, 11(2)
5(1)The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions.U.K.
(2)The chief inspector of constabulary, 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 constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and
(b)what inspections the chief inspectors within 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 the Crown Prosecution Service;
[F22(c) Her Majesty’s Chief Inspector of Probation for England and Wales];
F23(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F22Words in Sch. 4A para. 5(3)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 27(2)(b)
F23Sch. 4A para. 5(3)(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(c) (with art. 2)
Modifications etc. (not altering text)
C3Sch. 4A para. 5 applied (10.12.2012) by The Customs (Inspections by Her Majestys Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012 (S.I. 2012/2840), regs. 1, 12
6(1)The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.U.K.
(2)Assistance under this paragraph may be provided on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.
Textual Amendments
F24Sch. 4A paras. 6A, 6B and cross-headings inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 86, 157(1); S.I. 2011/3019, art. 3, Sch. 1
6A(1)The chief officer of police of a police force must—U.K.
(a)provide to an inspector such information and documents specified or described in a notification given by the inspector to that chief officer, and
(b)produce or deliver up to the inspector all such evidence and other things so specified or described,
as appear to the inspector to be required for the purposes of an inspection under section 54.
(2)A notification under sub-paragraph (1) requiring any information or documents to be provided may authorise or require that they be provided electronically.
(3)Anything that a chief officer is obliged to provide, produce or deliver up by virtue of a requirement imposed under sub-paragraph (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—
(a)in the notification imposing the requirement, or
(b)in any subsequent notification given by the inspector to the chief officer.
(4)Nothing in this paragraph requires a chief officer—
(a)to comply with an obligation imposed under sub-paragraph (1) before the earliest time at which it is practicable to do so, or
(b)to comply at all with any such obligation if it never becomes practicable to do so.
(5)In this paragraph—
“document” means anything in which information of any description is recorded, and
“inspector” means—
an inspector of constabulary, or
a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary.
6B(1)Sub-paragraph (2) applies if—U.K.
(a)an inspector requires the chief officer of police of a police force to allow the inspector to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and
(b)the requirement is imposed for the purposes of an inspection under section 54.
(2)The chief officer must secure that the required access is allowed to the inspector.
(3)Where there are reasonable grounds for not allowing the inspector to have the required access at the time at which the inspector seeks to have it, the obligation under sub-paragraph (2) has effect as an obligation to secure that the required access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be any such grounds.
(4)In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A.]
7U.K.A statutory instrument containing an order under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.]