16InspectionsU.K.
(1)Her Majesty's Inspectors of Constabulary (“HMIC”) must inspect SOCA from time to time.
(2)HMIC must also inspect SOCA if requested to do so by the Secretary of State either—
(a)generally, or
(b)in respect of a particular matter.
(3)Before requesting an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.
[F1(3A)Before requesting an inspection that would fall to be carried out wholly or partly in Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.]
(4)Any inspection under this section must be carried out jointly by HMIC and the Scottish inspectors—
(a)if it is carried out wholly in Scotland, or
(b)in a case where it is carried out partly in Scotland, to the extent that it is carried out there.
(5)Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of SOCA either—
(a)generally, or
(b)in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.
(6)A report under subsection (5) must be in such form as the Secretary of State may direct.
(7)The Secretary of State must arrange for every report which he receives under subsection (5) to be published in such manner as he considers appropriate.
(8)The Secretary of State may exclude from publication under subsection (7) any part of a report if, in his opinion, the publication of that part—
(a)would be against the interests of national security, or
(b)could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
(c)might jeopardise the safety of any person.
(9)The Secretary of State must send a copy of the published report—
(a)to SOCA, and
(b)if subsection (4) applied to the inspection, to the Scottish Ministers [F2and
(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.]
(10)SOCA must—
(a)prepare comments on the published report, and
(b)arrange for its comments to be published in such manner as it considers appropriate.
(11)SOCA must send a copy of any document published under subsection (10)(b)—
(a)to the Secretary of State, and
(b)if subsection (4) applied to the inspection, to the Scottish Ministers [F3and
(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.]
(12)The inspectors shall carry out such other duties for the purpose of furthering the efficiency and effectiveness of SOCA as the Secretary of State may from time to time direct.
(13)In this section “the Scottish inspectors” means the inspectors of constabulary appointed under [F4section 71(2) of the Police and Fire Reform (Scotland) Act 2012].
Textual Amendments
F1S. 16(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 11(2) (with arts. 28-31)
F2S. 16(9)(c) and word inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 11(3) (with arts. 28-31)
F3S. 16(11)(c) and word inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 11(4) (with arts. 28-31)
F4Words in s. 16(13) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(5)
Commencement Information
I1S. 16 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 3 (with art. 4(2)-(7))