Criminal Justice and Police Act 2001

Criminal Justice and Police Act 2001

2001 CHAPTER 16

Commentary on Sections

Schedule 3:The Central Police Training and Development Authority

Paragraph 1: Constitution of the Authority

262. This provides for members of the Authority (including the chairman) to be appointed by the Secretary of State. Before appointing a chairman the Secretary of State must consult those persons who he considers to represent the interests of police authorities and the chief officers of police. In practice that is likely to mean that he will consult APA and ACPO. It provides for a minimum of 11 members, of whom 6 are independent members, 2 represent the interests of chief police officers, 2 represent the interests of police authorities, and one is a Crown servant.

Paragraphs 2 and 3: Disqualification

263. These set out a range of factors which would disqualify someone from appointment to the Authority. They are designed to ensure that Membership of the Authority is of a minimum age of 21 and does not include unsuitable persons.

Paragraphs 4 to 7: Tenure of office

264. Set out the arrangement for tenure of office as a member of the Authority. They set out the maximum term (5 years) for which a post can be held. They deal with resignation of members, and outline the circumstances in which a person may be removed from office.

Paragraph 8: Eligibility for re-appointment

265. Makes provision for a member to be re-appointed.

Paragraph 9: Remuneration, pensions etc. of members

266. Allows the Authority to pay remuneration, allowances and severance payments to members and to pay pensions and gratuities to members and former members. The amounts of all such payments are to be determined by the Secretary of State.

Paragraph 10: Members of staff of the Authority

267. Creates the position of chief executive, to be appointed by the Authority, with the consent of the Secretary of State. It also provides for the appointment of other staff by the Authority. Their numbers, and terms and conditions of appointment, are subject to the approval of the Secretary of State.

Paragraphs 11 and 12: Staff remuneration and pensions

268. Make provision for the payment of remuneration and allowances to members of the Authority’s staff and for the payment of pensions and gratuities to members and former members of the Authority’s staff.

Paragraph 13: Status of chief executive and staff members as constables

269. Provides that any individual who on appointment holds the office of constable shall hold the rank of chief constable if appointed as chief executive. It also ensures that any constable appointed to the staff continues to hold this office on appointment to the Authority.

Paragraph 14: Liability for acts of police members of staff

270. Establishes the Authority’s liability in circumstances where there is a civil wrong committed by a seconded member of staff who is not an employee, for which damages can be claimed.

Paragraph 15: Committees

271. Allows the Authority to conduct its business through committees and sub-committees. People who are not members of the Authority may be appointed to such committees or sub-committees. Sub-paragraph (4) allows the Authority to pay remuneration and allowances to these individuals.

Paragraph 16: Delegation to committees

272. Allows the Authority to delegate its functions to committees, and in turn for the committees to delegate to sub-committees.

Paragraphs 17 to 19: Proceedings

273. Allow the Authority to determine its own procedures including for a quorum but sets a minimum requirement. They ensure that decisions taken by the Authority remain valid, even when there are vacancies in the membership of the Authority or when members have subsequently been disqualified.

Paragraphs 20 and 21: Application of seal and evidence

274. Set out the requirements for authenticating the Authority’s seal and for accepting documents in evidence.

Paragraph 22: Status

275. This specifies that the Authority is not a Crown body.

Paragraph 23 to 26: Money

276. These paragraphs provide for the Authority to be funded through grant in aid and enable it to charge for its services. Paragraph 25 allows the Authority to accept gifts and loans. Sub-paragraph (3) of paragraph 25 specifies that any borrowing by the Authority is subject to the consent of the Secretary of State. Paragraph 26 requires the Authority to keep proper accounts and makes the accounts subject to audit by the Comptroller and Auditor General.

Section 85: Functions of the Authority

277. Subsections (1) and (2) set out the core functions of the Authority. This encompasses the provision of training and the giving of advice and consultancy on training and other matters related to policing. It is intended that the Authority will serve as a centre of excellence for police training and development, promoting the value of police training and working to enhance the efficiency and effectiveness of forces in England and Wales.

278. Subsection (2)(c) requires the Authority to promote the understanding of policing issues at an international level.

279. Subsections (3) and (4) require the Authority, in carrying out its functions, to have regard to:

• objectives set by the Secretary of State (under section 89),

• the objectives set within the Authority’s annual plan (under section 90),

• any performance targets set, including any set in compliance with a direction given by the Secretary of State (under section 91), and

• the Authority’s training and development plan (under section 92),

and to comply with:

• any direction of the Secretary of State requiring the Authority to establish performance targets (under section 91)

• any directions made by the Secretary of State in response to a report by HMIC (under section 93), and

• any other general or specific directions given to them by the Secretary of State.

280. Subsections, (7) and (8) define the bodies and individuals for whom the Authority is entitled to provide services, in addition to those to whom it provide services by virtue of its primary functions.

281. Subsection (10) defines those to whom the Authority is required to provide training, advice and consultancy services as police officers, special constables and police civilian staff in England and Wales.

Section 89: Setting of objectives by the Secretary of State

282. Gives the Secretary of State the power to determine objectives for the Authority and modify the objectives he has set. It sets out the bodies which he is required to consult in that process.

Section 90: The Authority’s annual objectives

283. Requires the Authority to set objectives for each financial year, and sets out the bodies it is required to consult in that process.

Section 91: The Setting of performance targets

284. Allows the Secretary of State to require the Authority to establish performance targets for any objectives he has set under section 90.

Section 92: Training and development plans.

285. Requires the Authority to prepare an annual training and development plan which sets out how the Authority will meet its objectives. It lists the contents of such a plan, and the bodies to which it should be distributed.

Section 93: Inspections of the Authority

286. Allows the Secretary of State to require an inspection by HMIC and to make directions in respect of the efficiency and effectiveness of the Authority as a result.

Section 94: Power to require reports from the Authority

287. Allows the Secretary of State to require a report from the Authority on any relevant issue.

Section 95: Annual reports

288. Requires the Authority to submit an annual report at the end of the financial year to the Secretary of State to detail how it has carried out its functions in the preceding year. Subsection (2) provides that this should include an assessment of the success of the training and development plan. The Secretary of State is required to lay a copy of the annual report before Parliament.

Section 96: Secretary of State’s duty to promote efficiency etc of Authority

289. Requires the Secretary of State to exercise his powers in a manner that promotes the efficiency and effectiveness of the Authority.

Sections 97 to 99: Other provisions about training

290. These sections cover a variety of matters relating to police training that are largely not directly associated with the new Authority.

Section 97: Regulations for police forces

291. This section allows the Secretary of State to make regulations in respect of training and qualifications. This will allow the implementation and evaluation of a mandatory core curriculum and a mandatory qualifications framework for particular tasks and roles. Subsection (4) sets out the bodies whom the Secretary of State is required to consult before making any regulations under this section. Regulations under this section are subject to the negative resolution procedure (subsection (5)).

Section 98: Directions after inspection identifies training needs

292. This strengthens existing provision (where the Secretary of State can intervene after a special report by the HMIC that he has asked to be carried out) to allow the Secretary of State to make directions following a routine inspection report. These directions must relate to recommendations by HMIC in respect of the provision of training or the provision of opportunities for professional development.

Section 99: Joint provision of training

293. This amends section 23(6) of the Police Act 1996 to enable the Secretary of State to direct chief constables and police authorities to enter into agreements to collaborate on training.

Sections 100-101: Orders and regulations and interpretations of terms

294. These establish that any power of the Secretary of State to make orders or regulations under part 4 should be exercisable by statutory instrument; allows for him to make different provision for different cases; and provide an interpretation of terms used in part 4.

Section 102 and Schedule 4: Consequential amendments relating to police training

295. Schedule 4, which is given effect by section 102 makes amendments to legislation that are consequential on the creation of the Authority.

Paragraph 1: The Public Records Act 1958

296. Includes the Central Police Training and Development Authority within the list of bodies subject to the Public Records Act.

Paragraph 2: The Parliamentary Commissioner Act 1967

297. Includes the Central Police Training and Development Authority within the jurisdiction of the Parliamentary Commissioner for Administration.

Paragraph 3: The Superannuation Act 1972

298. Inserts the Central Police Training and Development Authority within the list of bodies to whose employees a scheme under the Superannuation Act may apply.

Paragraph 4: The House of Commons Disqualification Act 1975

299. Prevents members of the Authority from being members of Parliament.

Paragraph 5: The Northern Ireland Assembly Disqualification Act 1975

300. Prevents members of the Authority from being members of the Northern Ireland Assembly.

Paragraph 6: Amendments of Police Pensions Act 1976

301. Amends the Police Pensions Act 1976 to include service by police officers with the Central Police Training and Development Authority within the types of service which are pensionable under the provisions of the Act.

Paragraph 7: The Police Act 1966

302. Sub-paragraph (1) amends the Police Act 1996 to make the Authority subject to inspection by the Inspectors of Constabulary. Sub-paragraph (2) amends the Act to allow the Secretary of State to publish any report by the Inspectorate, allowing him to make omissions from the report if it would be against the interests of national security or might jeopardise the safety of any person. Sub-paragraph (3) provides that temporary service by police officers seconded to the Authority is to be treated as relevant service, that is service by police officers outside their force.

Paragraph 8: The Freedom of Information Act 2000

303. Includes the Authority within the list of public authorities subject to the provisions of the Freedom of Information Act 2000.

Section 103: Transitional arrangements relating to Authority’s establishment etc

304. Subsection (1) enables the Secretary of State by order to make transitional provisions in connection with the commencement of Part 4.Subsection (2) enables the Secretary of State to make orders concerning the transfer of property and staff in connection with the establishment of the Authority. Subsection (3) enables transitional provisions orders and transfer orders to make provision for matters to be determined outside the orders and to provide for the payment of fees to people nominated to make such determinations. Orders under this section are subject to the negative resolution procedure (subsection (4)).

Part 5: Police Organisation

Police Authorities etc

305. This Act introduces changes to some of the provisions currently governing police authorities, the National Crime Squad (NCS) and the National Criminal Intelligence Service (NCIS). Most police authorities already appoint vice-chairmen, but this Act will make the appointment statutory. It removes the maximum age limit for membership of police authorities, independent member selection panels and NCS/NCIS, bringing them into line with the Metropolitan Police Authority. It clarifies the question of political balance on police authorities. The Act also enables police authorities, and the service authorities for NCS/NCIS, to devise their own schemes for payment of allowances, where previously they were bound by a centrally regulated scheme.

Constitution of the Service Authorities, Financial Provisions, and Directors General for NCIS and NCS

306. The National Crime Squad and the National Criminal Intelligence Service were established by the Police Act 1997. This part of the Act makes changes to the constitution of the Service Authorities that maintain the NCS and the NCIS, alters the financial arrangements for those Authorities and makes further provision relating to the Director General of NCS and NCIS.

307. The main source of funding for both Service Authorities is levies issued, under the Police Act 1997, to police authorities in England and Wales. (The NCIS Service Authority, as a UK-wide body, also receives separately negotiated contributions from Scotland and Northern Ireland.) The Act replaces the provision for levies with provision for annual grants, to be made to the Service Authorities by the Secretary of State.

308. Currently, the Audit Commission audits the accounts as is the case for police authorities. This Act changes the auditing arrangements to provide for the National Audit Office to take on this role.

309. As a result of the change in funding arrangements, this part of the Act also disapplies a wide range of local government enactments that apply to the NCS Service Authority. Provision equivalent to that made by these local government enactments applies to the NCIS Service Authority by virtue of orders under section 44 of the Police Act 1997. Section 44 is also being repealed by the Act and, accordingly, the orders under that section will cease to have effect.

310. With the abolition of levies on police authorities, provision is made to reduce the number of members of the Service Authorities who are appointed to those Authorities by virtue of their membership of police authorities. At the same time, the restriction that police authority members must be local authority members is removed by the Act and a wider range of police authority members will now be eligible for appointment as service authority members. In addition, the membership of the NCIS Service Authority is being widened to encompass the Security Service and the core membership of the Service Authorities is being widened to encompass HMCE so that the NCS Service Authority will include HMCE.

311. At present, Directors General for NCIS and NCS are appointed (and removed) by the Service Authorities with the approval of the Secretary of State. The Act provides for their appointment (and removal) by the Secretary of State. This is because under the new funding arrangements the Permanent Secretary of the Home Office will become the Departmental Accounting Officer (DAO) for NCIS and the NCS, and the Director General of each service will be that service’s Accounting Officer (AO). The DAO is responsible for providing funds to both services and for ensuring that the financial and management controls applied by the services conform with the propriety and good financial management requirements applied by the department. The DAO is also accountable to Parliament for those funds. The Accounting Officer (AO) for NCIS and NCS is responsible for the overall organisation, management and staffing of the services and for ensuring that there is a high standard of financial management as a whole. The AO is responsible to Parliament for the resources under his control. By providing for the Secretary of State to make the appointments, the Act enables him to ensure that each person appointed is competent to fulfil the role of Accounting Officer.

Police Ranks

312. Following a recommendation of the Sheehy inquiry (“The Inquiry into Police Responsibilities and Rewards” published in 1993 (ISBN: 0101228023)) the ranks of deputy chief constable (and the equivalent rank of deputy assistant commissioner in the Metropolitan Police) and chief superintendent were abolished with effect from 1 April 1995. The Home Secretary announced in an answer to a written Parliamentary question on 2 March 1999 that he would reintroduce them at the earliest legislative opportunity.

313. The abolition of the rank of deputy chief constable has given rise to concerns about the selection procedures for assistant chief constable (designate) and the arrangements for the direction and control of a police force. Under the present arrangements an assistant chief constable (designate), has responsibility for managing the police force in the absence of the chief constable. He or she is selected from among the serving assistant chief constables in the force by the chief constable. This procedure differs from other appointments to senior positions which are made by the police authority following the post being advertised and an open selection procedure. Selection by Chief Constable alone may provide an unintended obstacle to the career development of assistant chief constables. The rank of deputy assistant commissioner in the Metropolitan Police which is deemed equivalent to deputy chief constable is also re-introduced in the Act.

314. The arrangements for the direction and control of a force are being improved by providing that in the absence of both the chief constable and deputy chief constable the police authority would be able to temporarily designate one of the assistant chief constables to direct and control the force in their absence.

315. The abolition of the rank of chief superintendent has led to inconsistencies and confusion with many police forces still using the term chief superintendent. It is now considered that there are advantages in having two superintendent ranks in terms of both command structures and personal positions.

Pensions for members of NCIS and NCS

316. The Act regularises the pension position of senior staff of ACPO rank given fixed term appointments to the two service authorities for the National Crime Squad (NCS) and the National Criminal Intelligence Service (NCIS), set up in April 1998 by the Police Act 1997.

317. When the 1997 Act was being considered by Parliament it was decided that the two new organisations should not adopt the Police Pension Scheme (which covers police officers working for forces in England, Wales and Scotland) or the RUC scheme for their senior staff. This decision reflected the fact that NCIS in particular would be a United Kingdom wide police organisation. The intention was that NCIS and NCS would have parallel pension schemes open to all permanent police members, set up under administrative arrangements approved by the Inland Revenue. These would provide the same benefits available under the main police pension arrangements.

318. It subsequently became clear that the “by analogy” pension schemes that had been envisaged for NCS and NCIS permanent staff could not be approved. In order to ensure that senior officers accepting fixed term appointments with NCS and NCIS are not disadvantaged special arrangements were put in place. These are complicated to administer and suitable only as a temporary measure.

319. In the Act the Police Pensions Act 1976 is being amended to bring the senior officers within the NCS and the NCIS from UK forces fully within the existing Police Pension Scheme. These officers are of chief constable or assistant chief constable rank.

320. The pension position of other police officers working for the authorities is not affected. Those officers work on secondment from their home force and have always remained a part of the Police Pension Scheme or RUC pension scheme.

Pensions for ACPO staff

321. The secretariat of the Association of Chief Police Officers (ACPO) is funded mainly by a Home Office grant provided under section 57(1) of the Police Act 1996. Section 57(1) enables the Secretary of State to make contributions to the provision or maintenance of organisations that promote the efficiency or effectiveness of the police. Members of the secretariat – 17 staff in total - are civilian employees. Initially the posts were filled by members of the civil staff of the Metropolitan Police service on secondment. Those concerned were therefore members of the Metropolitan Civil Staff Superannuation Scheme (the MCSSS), a scheme by analogy to the Principal Civil Service Pension Scheme (PSCPS) established under section 15 of the Superannuation (Miscellaneous Provisions) Act 1967. That scheme was for members of the civil staff of the Metropolitan Police and for other staff for historical reasons paid by the Receiver for the metropolitan police.

322. For the last decade the members of the secretariat have been employees of ACPO rather than members of the civil staff of the Metropolitan Police service. It is therefore unsatisfactory for them to remain as members of the MCSSS. In the longer term it is, in any event, proposed to wind up the MCSSS in the light of the organisational changes made in the Greater London Authority Act 1999. As the terms of the MCSSS are the same as those for the PCSPS a switch to membership of the PCSPS will not result in any change to the pension entitlement of the staff concerned.

323. In the Act, provision is made for members of the ACPO secretariat who are members of the MCSSS (whether as current employees or as previous employees with an entitlement to a deferred MCSSS pension) to transfer to the PCSPS.

Section 104: Vice-chairmen

324. Subsections (1) and (2) amend Schedules 2 and 2A of the Police Act 1996, to allow for the appointment of police authority vice-chairmen. Police authorities and the Service Authorities for NCS and NCIS currently have a statutory chairman but not a statutory vice-chairman. In practice, most police authorities appoint a non-statutory vice-chairman and in some of the larger authorities (e.g. the Metropolitan Police Authority) more than one. This section gives police authority vice-chairmen official recognition on a statutory footing roughly in line with that relating to local authorities, as determined by section 5 of the Local Government Act 1972. Police authorities will not be required to appoint a vice-chairman, but will be given the discretion to appoint one or more as appropriate.

325. Subsection (3) amends Schedule 2 of the Police Act 1997, to allow for the appointment of a vice-chairman to the Service Authorities of both NCIS and NCS. The appointee must be a core member (for a definition of “core members” please see paragraph 335 of these notes) of the NCIS/NCS Service Authorities and the appointment must be made by the Secretary of State after consultation with Scottish Ministers. There will be no requirement to appoint a vice-chairman.

326. Subsections (4) to (9) make consequential amendments to existing legislation (the Police Act 1996, the Police Act 1997, the Local Government Act 1972) relating to the functions and duties of chairmen by adding references to “vice-chairmen”. This will allow a vice-chairman formally to deputise for the chairman and receive additional allowances in respect of extra work carried out.

Section 105: Political balance on police authorities

327. Subsection (1) amends Schedule 2 of the Police Act 1996, which requires the balance of the parties on the relevant council or councils to be reflected, so far as practicable, in appointments to the police authority. A High Court judgement has determined that ‘parties’ must be taken to refer to political parties, thereby excluding councillors who are not members of a political party from being taken into account in allocating places on the authority. This section will ensure that appointments reflect the composition of the entire membership of the council or councils concerned. It requires the council (or joint committee) to ensure (so far as practicable) that the proportion of members from any political party appointed to the police authority is the same as the proportion of those members on the council (or relevant councils taken as a whole). Any other places on the police authority must then be allocated to councillors who are not members of political parties. For example, if party A and party B each hold a third of the seats on the relevant council or councils taken as a whole, and the remaining third are held by councillors who are not members of a political party, party A and party B would each be allocated a third of the relevant places on the police authority. The remaining places must be allocated among the other councillors. Neither party A nor party B could be given extra places, as this would exceed their proportion.

328. Subsection (2) amends Schedule 2A of the 1996 Act, to apply the same provision to members of the London Assembly appointed to the Metropolitan Police Authority by the Mayor.

Section 106: Removal of age qualification for membership

329. This removes the maximum age limit of 70 for members of police authorities outside London, selection panels for independent member appointments, and the Service Authorities for NCS/NCIS. This section brings them into line with the Metropolitan Police Authority, which (as established under the Greater London Authority Act 1999), has no maximum age limit for members.

Section 107: Payment of allowances to authority members etc

330. Subsection (1) amends existing legislation (the Police Act 1996 and the Police Act 1997) to enable police authorities and the Service Authorities for NCS/NCIS to determine members allowances payments for themselves, where previously they were determined by the Secretary of State. The Secretary of State will retain the power to determine payment of expenses and to give guidance on allowances of which the authorities would be required to take account.

331. Subsections (2) and (3) relate to police authorities outside London and to the Metropolitan Police Authority respectively. By inserting additional provisions into Schedules 2 and 2A of the Police Act 1996, the sections provide certain rules which all police authorities must follow when devising and implementing their allowances schemes. These rules provide that: any allowances scheme must be published annually, and each time it is revised; payments may differ depending on the role or type of member; authorities may pay expenses and allowances to non-police authority members of standards committees appointed under section 53(4)(b) of the Local Government Act 2000; authorities should have regard to any guidance which the Secretary of State may issue; and the Secretary of State maintains a reserve power to limit by regulations the allowances paid. The section relating to the Metropolitan Police Authority has an additional provision determining that members who are also salaried members of the Greater London Assembly shall not receive allowances payments under the scheme set up by the authority.

332. Subsection (4) amends the Police Act 1997 by introducing provision for the Service Authorities of NCIS and NCS to make varying payments by way of allowances to its chairman, vice-chairman and other members. Only police authority and independent members can receive these allowances which must fall within the limitations imposed by the Secretary of State by regulations. Also, such allowances can only be paid in accordance with arrangements published by the Service Authorities within the previous twelve months. Any revision of such arrangements can only be made with due regard to any guidance issued by the Secretary of State and can only come into effect by publication.

Section 108: Number and appointment of the members

333. Subsections (1) and (2) amend sections 1 and 47 of the Police Act 1997 respectively, reducing the membership of the Service Authority for NCIS from nineteen to eleven and the Service Authority for NCS from seventeen to eleven. The provision made by sections 1(2) and 47(2) of that Act enabling the Secretary of State, by order, to increase the membership of the Service Authorities is retained.

334. Subsection (3) introduces Schedule 5 which makes amendments to Schedule 1 to the Police Act 1997. Schedule 1 makes provision about the appointment of members of the Service Authorities.