Office of Public Sector Information
Section 1
1 The objects of the Agency are—
(a) the identification, development and promulgation of good practice in policing;
(b) the provision to listed police forces of expert advice about, and expert assistance in connection with, operational and other policing matters;
(c) the identification and assessment of—
(i) opportunities for, and
(ii) threats to,
police forces within the meaning given by section 101 of the Police Act 1996 (c. 16) (police forces for police areas in England and Wales), and the making of recommendations to the Secretary of State in the light of its assessment of any opportunities and threats;
(d) the international sharing of understanding of policing issues;
(e) the provision of support to listed police forces in connection with—
(i) information technology,
(ii) the procurement of goods, other property and services, and
(iii) training and other personnel matters;
(f) the doing of all such other things as are incidental or conducive to the attainment of any of the objects mentioned in paragraphs (a) to (e).
2 (1) The Agency may do anything it considers appropriate for the attainment of its objects, subject to sub-paragraphs (4) and (5).
(2) In exercise of the power under sub-paragraph (1), the Agency—
(a) for the purpose of providing such support to listed police forces as is mentioned in paragraph 1(e)—
(i) may carry on activities itself with a view to forces making use of what is provided through the carrying-on of the activities,
(ii) may support forces in their carrying-on of activities themselves, and
(iii) may support forces in any other way the Agency considers appropriate; and
(b) may (subject to sub-paragraph (4)) accept gifts, and loans, of money and other property.
(3) The terms on which the Agency accepts a gift or loan of money or other property may (in particular) include provision for the commercial sponsorship of any activity of the Agency.
(4) The Agency may borrow money or other property only with the consent of the Secretary of State.
(5) In the case of a restrictedly listed police force, the Agency may provide advice, assistance or support to or for the force only with the agreement of—
(a) the entity within paragraph 3(3)(k) to (r) that is comprised in the force,
(b) the person whose control that entity is under, or
(c) the authority responsible for maintaining that entity.
(6) Sub-paragraphs (2) and (3) are to be taken not to prejudice the generality of sub-paragraph (1).
3 (1) In paragraphs 1 and 2(2) “listed police force” means an entity within sub-paragraph (3), together with persons employed for the purposes of the entity.
(2) In paragraph 2(5) “restrictedly listed police force” means an entity within sub-paragraph (3)(k) to (r), together with persons employed for the purposes of the entity.
(3) Those entities are—
(a) any police force within the meaning given by section 101 of the Police Act 1996 (c. 16) (police forces for police areas in England and Wales), including the cadets and special constables under the control of the chief officer of police of that force,
(b) the Serious Organised Crime Agency,
(c) the Ministry of Defence Police,
(d) the Royal Navy Regulating Branch,
(e) the Royal Military Police,
(f) the Royal Air Force Police,
(g) the Royal Marines Police,
(h) the British Transport Police Force, including the cadets and special constables under the direction and control of the chief constable of that force,
(i) the Civil Nuclear Constabulary,
(j) any person who under sub-paragraph (4) is to be treated as a listed police force,
(k) any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77), including the cadets under the control of the chief constable of that force,
(l) the Scottish Police Services Authority and any institution, organisation or other body established and maintained by the Authority,
(m) the Police Service of Northern Ireland,
(n) the Police Service of Northern Ireland Reserve,
(o) the States of Jersey Police Force,
(p) the salaried police force of the Island of Guernsey,
(q) the Isle of Man Constabulary, and
(r) any person who is engaged outside the United Kingdom in the carrying-on of activities similar to any carried on by a police force within the meaning given by section 101 of the Police Act 1996 (c. 16).
(4) The Secretary of State may by order provide for a person specified in the order, or of a description so specified, to be treated as being a listed police force for the purposes of paragraphs 1 and 2(2).
4 (1) The Agency must consult the Scottish consultees—
(a) before doing anything in relation to any of the persons mentioned in sub-paragraph (2) in exercise of its power under paragraph 2(1), and
(b) before doing anything in exercise of that power that may or will affect what it may do in relation to any of those persons in future exercise of that power.
(2) Those persons are—
(a) a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77),
(b) cadets under the control of the chief constable of such a force,
(c) persons employed for the purposes of such a force,
(d) the Scottish Police Services Authority, and
(e) any institution, organisation or other body established and maintained by that Authority.
(3) In sub-paragraph (1) “the Scottish consultees” means—
(a) the Scottish Police Services Authority, and
(b) persons whom the Agency considers to represent the interests of chief constables of police forces in Scotland.
(4) The Agency must consult the Secretary of State—
(a) before doing anything in relation to any of the persons mentioned in sub-paragraph (5) in exercise of its power under paragraph 2(1), and
(b) before doing anything in exercise of that power that may or will affect what it may do in relation to any of those persons in future exercise of that power.
(5) Those persons are—
(a) the Police Service of Northern Ireland,
(b) the Police Service of Northern Ireland Reserve, and
(c) persons employed for the purposes of either (or both) of those bodies.
5 (1) Before the beginning of each financial year the Agency must prepare a plan setting out how it intends during that year to exercise its powers.
(2) The plan for a financial year (“the plan”) must state—
(a) any priorities that the Agency has determined for that year,
(b) any current strategic priorities determined by the Secretary of State under paragraph 6,
(c) any current performance targets established by the Agency, and
(d) the financial resources that are expected to be available to the Agency for that year.
(3) Priorities within sub-paragraph (2)(a)—
(a) may relate to matters to which strategic priorities determined under paragraph 6 also relate, or
(b) may relate to other matters,
but in any event must be so framed as to be consistent with strategic priorities determined under that paragraph.
(4) The plan must state, in relation to each priority within sub-paragraph (2)(a) or (b), how the Agency intends to give effect to that priority.
(5) The Agency must arrange for the plan to be published in such manner as it considers appropriate.
(6) The Agency must send a copy of the plan to—
(a) the Secretary of State,
(b) the police authority for each police area in England and Wales,
(c) the chief officer of police of each police force in England and Wales, and
(d) such other persons as the Agency considers appropriate.
(7) Before finalising the plan, the Agency must consult—
(a) the Secretary of State,
(b) the Association of Police Authorities,
(c) the Association of Chief Police Officers, and
(d) such other persons as the Agency considers appropriate.
6 (1) The Secretary of State may determine strategic priorities for the Agency.
(2) Before determining any such priorities the Secretary of State must consult—
(a) the Agency,
(b) the Association of Chief Police Officers, and
(c) the Association of Police Authorities.
(3) Sub-paragraph (2)(b) and (c) do not apply in relation to strategic priorities for the Agency so far as the priorities relate—
(a) to the doing of things by the Agency in relation to any of the persons mentioned in sub-paragraph (4) in exercise of its power under paragraph 2(1), or
(b) to the doing of things by the Agency in exercise of that power that may or will affect what it may do in relation to any of those persons in future exercise of that power,
but before determining any such priorities so far as so relating, the Secretary of State must consult the Scottish Ministers.
(4) Those persons are—
(a) a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77),
(b) cadets under the control of the chief constable of such a force,
(c) persons employed for the purposes of such a force,
(d) the Scottish Police Services Authority, and
(e) any institution, organisation or other body established and maintained by that Authority.
(5) The Secretary of State must arrange for any priorities determined under this paragraph to be published in such manner as he considers appropriate.
7 (1) The Agency is to consist of—
(a) a chairman appointed by the Secretary of State,
(b) the chief executive of the Agency, and
(c) other members appointed by the Secretary of State.
(2) Before appointing the chairman of the Agency, the Secretary of State must consult—
(a) the Association of Police Authorities, and
(b) the Association of Chief Police Officers.
(3) The Secretary of State may not appoint a person to be chairman of the Agency for more than five years at a time.
(4) The Secretary of State must exercise his power under sub-paragraph (1)(c) to ensure that at all times the members appointed under that provision include—
(a) at least one member nominated by the Association of Police Authorities,
(b) at least one member nominated by the Association of Chief Police Officers, and
(c) at least one member of Her Majesty’s Home Civil Service.
(5) The Secretary of State may not under sub-paragraph (1)(c) appoint a person to be a member of the Agency for more than five years at a time.
(6) In this Part of this Schedule “appointed member” means—
(a) the chairman of the Agency, or
(b) a member appointed under sub-paragraph (1)(c).
8 Subject to paragraphs 9 and 10, an appointed member of the Agency shall hold and vacate office in accordance with the terms of his appointment.
9 An appointed member may resign by giving written notice to the Secretary of State.
10 The Secretary of State may remove a person from office as an appointed member if the Secretary of State is satisfied that—
(a) the person has been absent from meetings of the Agency, without its permission, for a period longer than four months,
(b) the person has been convicted of an offence in the British Islands or elsewhere,
(c) a bankruptcy order has been made against the person, or the person’s estate has been sequestrated, or the person has made a composition or arrangement with, or granted a trust deed for, his creditors,
(d) the person has failed to comply with the terms of his appointment, or
(e) the person is unable or unfit to carry out his functions.
11 Previous service as an appointed member of the Agency does not affect a person’s eligibility for re-appointment.
12 (1) The Agency must pay to the appointed members such remuneration and allowances as the Secretary of State may determine.
(2) The Agency must, if required to do so by the Secretary of State—
(a) pay to or in respect of a person who is or has been an appointed member such pensions or gratuities as the Secretary of State may determine;
(b) pay such sums as the Secretary of State may determine towards provision for the payment of pensions or gratuities to or in respect of a person who is or has been an appointed member.
(3) Sub-paragraph (4) applies if—
(a) a person ceases to be an appointed member of the Agency, and
(b) it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation.
(4) The Secretary of State may require the Agency to pay to the person such amount as the Secretary of State may determine.
13 (1) The Secretary of State must appoint a person to be chief executive of the Agency.
(2) Before doing so, the Secretary of State must consult the chairman of the Agency.
(3) Sub-paragraph (2) does not apply to the first appointment of a chief executive of the Agency.
(4) The chief executive of the Agency is a member of its staff.
(5) The Agency must pay to its chief executive such remuneration and allowances as the Secretary of State may determine.
14 (1) The Agency shall pay to members of its staff such remuneration and allowances as it may determine.
(2) Sub-paragraph (1) does not apply in relation to the chief executive of the Agency.
(3) In relation to a person seconded to the Agency to serve as a member of its staff, sub-paragraph (1) has effect subject to the arrangements under which the person is seconded.
(4) Arrangements under which a person is seconded to the Agency to serve as a member of its staff may (in particular) contain provision for the making of payments by the Agency in respect of remuneration and allowances paid to the person by another.
15 (1) The Agency may pay, or make payments in respect of, such pensions or gratuities to or in respect of persons who are, or have been, members of its staff as the Agency may determine, including pensions or gratuities by way of compensation to or in respect of members of the Agency’s staff who suffer loss of employment or loss or diminution of emoluments.
(2) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which section 1 of that Act applies), at the appropriate place under the heading “Other Bodies” there is inserted—
“Employment as a member of the staff of the National Policing Improvement Agency.”
(3) The Agency must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
16 (1) Sub-paragraph (2) applies where—
(a) a person is, by reference to employment as a member of the Agency’s staff, a participant in a scheme under section 1 of the Superannuation Act 1972, and
(b) the person becomes an appointed member of the Agency.
(2) The Minister for the Civil Service may determine that the person’s service as an appointed member of the Agency is to be treated for the purposes of the scheme as employment as a member of the Agency’s staff (whether or not any benefits are payable to or in respect of him under paragraph 12).
17 (1) This paragraph applies where a person who is a constable is appointed as a member of the Agency’s staff.
(2) The person continues to be a constable for the period during which he is a member of that staff.
(3) If the person is appointed as chief executive, he holds the rank of chief constable for the period during which he is chief executive.
(4) The person shall, as holder of the office of constable, be under the direction and control of the chief executive of the Agency.
(5) Sub-paragraph (4) does not apply to the chief executive of the Agency.
18 (1) In relation to the terms and conditions of the contracts of employment of employed constables, the Agency shall comply with rules or principles contained in any document issued to it for the purpose by the Secretary of State.
(2) Rules or principles under sub-paragraph (1) may (in particular)—
(a) require the adoption of specified scales or ranges of pay or allowances;
(b) require a specified class of employed constable to be treated for specified purposes in the same way as a specified class of employee (whether of the Agency or not) or office-holder;
(c) require the approval of the Secretary of State for changes in the policy or practice of the Agency;
(d) require compliance with future rules or principles, including future rules or principles specified by a person other than the Secretary of State;
(e) make different provision for different purposes.
(3) In this paragraph “employed constable” means a member of the Agency’s staff who is—
(a) a constable, and
(b) an employee of the Agency.
19 (1) The Secretary of State may by regulations make provision as to the government, administration and conditions of service of employed or seconded constables.
(2) Regulations under sub-paragraph (1) may (in particular) make provision with respect to any of the following—
(a) ranks to be held by employed or seconded constables,
(b) qualifications for promotion of employed or seconded constables,
(c) voluntary retirement of a seconded constable from membership of the Agency’s staff and from membership of the body of constables from which he was seconded to the Agency,
(d) the conduct, efficiency and effectiveness of employed or seconded constables and the maintenance of discipline amongst them,
(e) suspension of employed or seconded constables from the office of constable,
(f) suspension of seconded constables from membership of the Agency’s staff,
(g) maintenance of personal records of employed or seconded constables,
(h) duties which are or are not to be performed by employed or seconded constables,
(i) powers which may be, or are not to be, exercised by employed or seconded constables,
(j) treating attendance by seconded constables—
(i) at meetings of the Police Federation for England and Wales, or
(ii) at meetings of any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c. 16) (bodies representing members of police forces who are not members of the Police Federation),
as occasions when they are performing duties as members of the staff of the Agency,
(k) the hours of duty of seconded constables, their leave and, subject to paragraph 14, their pay and allowances,
(l) the issue to seconded constables, and the use and return by seconded constables, of Agency clothing, personal equipment and accoutrements, and
(m) the disapplication, in relation to a seconded constable who is seconded to the Agency from a body of constables that is not a police force within the meaning given by section 101 of the Police Act 1996 (police forces for police areas in England and Wales), of provisions—
(i) made by or under an Act, and
(ii) relating to the government, administration and conditions of service of that body of constables.
(3) Regulations under sub-paragraph (1) as to the conduct of employed or seconded constables, or as to the maintenance of discipline amongst them, may—
(a) authorise or require provision to be made by, or confer discretionary powers on, the Agency, the Agency’s chief executive or other persons, or
(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
(4) Regulations under sub-paragraph (1) for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this sub-paragraph shall be read as authorising pay or allowances payable to any person to be reduced retrospectively.
(5) In this paragraph—
“employed constable” has the same meaning as in paragraph 18;
“seconded constable” has the same meaning as in paragraph 20.
20 (1) The Agency is liable for unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the Agency’s staff in the same manner as an employer is liable for unlawful conduct of his employees in the course of their employment.
(2) In the case of any such conduct by a seconded constable which is a tort, the Agency is accordingly to be treated as a joint tortfeasor.
(3) In this paragraph “seconded constable” means a constable serving as a member of the Agency’s staff without being an employee of the Agency.
21 The Agency may, in such cases and to such extent as appear to it to be appropriate—
(a) pay damages or costs awarded against a member of the Agency’s staff in proceedings for any unlawful conduct of that person,
(b) pay any costs incurred and not recovered by such a person in such proceedings, and
(c) pay any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.
22 (1) The Agency may delegate any of its functions (to such extent as the Agency may determine) to a committee of the Agency or to a member of the Agency’s staff.
(2) A committee of the Agency may delegate any functions conferred on it (to such extent as the committee may determine) to a sub-committee of the Agency or to a member of the Agency’s staff.
(3) A sub-committee of the Agency may delegate any functions conferred on it (to such extent as the sub-committee may determine) to a member of the Agency’s staff.
(4) A committee or sub-committee of the Agency may include persons who are not members of the Agency.
(5) The Agency may pay remuneration and allowances to any person who—
(a) is a member of a committee or sub-committee of the Agency, but
(b) is not a member of the Agency or a member of its staff.
(6) Delegation of a function under this paragraph does not prevent the Agency or, as the case may be, the committee or sub-committee from exercising the function.
23 (1) The Agency may—
(a) regulate its own procedure (including quorum), and
(b) regulate the procedure (including quorum) of its committees and sub-committees.
(2) But the Agency must make provision for a quorum for meetings of each of its committees and sub-committees to include at least one person who is a member of the Agency or a member of its staff.
24 Proceedings of the Agency are not invalidated—
(a) by any vacancy among the Agency’s members;
(b) by any defect in the appointment of a member of the Agency.
25 The application of the Agency’s seal must be authenticated by the signature of—
(a) a member of the Agency, or
(b) any other person who has been authorised by the Agency (whether generally or specially) for that purpose.
26 A document purporting to be duly executed under the seal of the Agency or to be signed on the Agency’s behalf—
(a) shall be received in evidence, and
(b) unless the contrary is proved, shall be treated as so executed or signed.
27 (1) The Agency is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, privilege or immunity of the Crown.
(2) Accordingly, the Agency’s property is not to be regarded as property of, or held on behalf of, the Crown.
28 (1) As soon as possible after the end of each financial year the Agency must prepare a report on the carrying out of its functions during that year.
(2) The report for a financial year (“the report”) must include an assessment of the extent to which the annual plan for that year under paragraph 5 has been carried out.
(3) The Agency must arrange for the report to be published in such manner as it considers appropriate.
(4) The Agency must send a copy of the report to—
(a) the Secretary of State,
(b) the police authority for each police area in England and Wales,
(c) the chief officer of police of each police force in England and Wales, and
(d) such other persons as the Agency considers appropriate.
(5) The Secretary of State must lay a copy of the report before each House of Parliament.
29 (1) The Secretary of State may require the Agency to submit a report to him on specified matters—
(a) connected with the carrying out of its functions, or
(b) otherwise connected with any of its activities.
Police and Justice Act 2006