Police and Justice Act 2006

Part 1 E+W Objects and powers

The Agency's objects E+W

1 E+W 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;

[F1 (ea) the carrying out of its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators);]

(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 [F2 (ea)].

Textual Amendments

F1 Sch. 1 para. 1(ea) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 177(2)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2 Word in Sch. 1 para. 1(f) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 177(2)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

The Agency's principal power E+W

2 (1) The Agency may do anything it considers appropriate for the attainment of its objects, subject to sub-paragraphs (4) and (5). E+W

(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).

Commencement Information

I2 Sch. 1 para. 2 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

Meaning of “listed police force” and “restrictedly listed police force” in paragraphs 1 and 2 E+W

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. E+W

(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 [F3 Royal Navy Police],

(e) the Royal Military Police,

(f) the Royal Air Force Police,

F4 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

F3 Words in Sch. 1 para. 3(3)(d) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 30(a)

F4 Sch. 1 para. 3(3)(g) repealed (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 30(b)

Commencement Information

I3 Sch. 1 para. 3 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

Consultation: exercise of powers in relation to Scotland or Northern Ireland E+W

4 (1) The Agency must consult the Scottish consultees— E+W

(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.

[F5 (6) This paragraph does not apply to any exercise of the Agency's power under paragraph 2(1) which is for the purposes of attaining the object mentioned in paragraph 1(ea) (accreditation and training of financial investigators).]

Textual Amendments

F5 Sch. 1 para. 4(6) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 177(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I4 Sch. 1 para. 4 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

Annual plans E+W

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. E+W

(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 [F6 local policing body] 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,

[F7 (b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(ba) the Mayor's Office for Policing and Crime,

(bb) the Common Council of the City of London,]

(c) the Association of Chief Police Officers, and

(d) such other persons as the Agency considers appropriate.

Textual Amendments

F6 Words in Sch. 1 para. 5(6)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 360(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F7 Sch. 1 para. 5(7)(b)-(bb) substituted for Sch. 1 para. 5(7)(b) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 360(2)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 78)

Modifications etc. (not altering text)

C1 Sch. 1 para. 5(1) modified (31.3.2007) by Police and Justice Act 2006 (Commencement No.2, Transitional and Saving Provisions) Order 2007 (S.I. 2007/709), art. 6(1)

Commencement Information

I5 Sch. 1 para. 5 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)

Strategic priorities E+W

6 (1) The Secretary of State may determine strategic priorities for the Agency. E+W

(2) Before determining any such priorities the Secretary of State must consult—

(a) the Agency,

(b) the Association of Chief Police Officers,

[F8 (b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(c) the Mayor's Office for Policing and Crime, and

(d) the Common Council of the City of London.]

(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.

[F9 (4A) Before determining strategic priorities for the Agency in relation to its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators), the Secretary of State must (in addition to those required above) consult such other persons as the Secretary of State considers appropriate.]

(5) The Secretary of State must arrange for any priorities determined under this paragraph to be published in such manner as he considers appropriate.

Textual Amendments

F8 Sch. 1 para. 6(2)(b)-(d) substituted for Sch. 1 para. 6(2)(c) and preceding word (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 360(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 78)

F9 Sch. 1 para. 6(4A) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 177(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I6 Sch. 1 para. 6 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)