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

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.

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

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).

The requirement in sub-paragraph (2) to consult, and F52under sub-paragraph (2A)(c) to send copies to, a person or body listed in paragraphs (a) to (j) of F53sub-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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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.

Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.

The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)).

The Secretary of State may by order amend sub-paragraph (2).

In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.

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.

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.

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.

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).

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.

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.

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.

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.

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.

The chief inspector of constabulary may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.

In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought.

A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

A notice under this paragraph must not require a postal or telecommunications operator to provide communications data.

In sub-paragraph (9), “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

In this paragraph—

• “document” means anything in which information of any description is recorded;

• “inspector” means—

  1. a

     an inspector of constabulary,

  2. b

     a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or

  3. c

     a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph.

Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.

An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph).

The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.

If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal.

Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another.

In this paragraph—

• “government department” means a department of Her Majesty's Government but does not include—

  1. a

     the Security Service,

  2. b

     the Secret Intelligence Service, or

  3. c

     the Government Communications Headquarters (“GCHQ”);

• “inspector” means—

  1. a

     an inspector of constabulary,

  2. b

     a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or

  3. c

     a person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise);

• “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

  1. a

     the Security Service,

  2. b

     the Secret Intelligence Service,

  3. c

     GCHQ, or

  4. d

     any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

• “Minister of the Crown” includes the Treasury;

• “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

• “relevant authority” means—

  1. a

     in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

  2. b

     in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

  3. c

     in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

  4. d

     in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;

  5. e

     in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;

  6. f

     in the case of information within sub-paragraph (2)(c)—

     1. i

        the Secretary of State, or

     2. ii

        the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

• “relevant warrant” means—

  1. a

     a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

  2. b

     a warrant under Chapter 1 of Part 6 of that Act.

In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.

The chair of the review body may resign by giving written notice to the Prime Minister.

The deputy chair of the review body may resign by giving written notice to the Secretary of State.

Subject to sub-paragraph (2), the review body shall determine its own procedure.

The Minister shall consult with the Department of Justice in Northern Ireland before exercising a power of dismissal under paragraph 8, 9 or 10.

The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State.

A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.

Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the F59relevant local policing body.

Subject to sub-paragraph (1), all the costs and expenses of an appeal under section 85, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8, shall be defrayed out of the police fund of the F59 relevant local policing body .