Part 6Miscellaneous

Bodies with functions in relation to the police

99 Power to modify functions and structure of PITO

1

The Secretary of State may by order make provision in relation to the Police Information Technology Organisation (“the Organisation”)—

a

for conferring additional functions on the Organisation and for modifying its existing functions and powers;

b

for imposing duties on the Organisation with respect to the carrying out of its functions;

c

for modifying the constitution of the Organisation and any provision regulating its management and control;

d

for conferring powers on the Secretary of State in relation to anything mentioned in the preceding provisions of this subsection, or in relation to the Organisation’s members or staff.

2

The provision that may be made by an order under this section includes each of the following—

a

provision modifying, in any such manner as the Secretary of State thinks fit, any provision of Part 4 of the 1997 Act (which relates to the Organisation) or of any other enactment that makes provision in relation to, or refers to, the Organisation;

b

provision conferring functions on the Organisation in relation to persons who have no functions in relation to, nor any connection with, policing but who carry out functions for the purposes of the criminal justice system;

c

provisions imposing obligations on persons in relation to whom the Organisation has or is given functions to consult with the Organisation and do such other things in relation to the Organisation as may be specified in the order;

d

provision which in consequence of any provision falling within paragraph (b), changes the name of the Organisation;

e

provision imposing obligations on the Organisation with respect to planning and consultation; and

f

provision framed by reference to any power of the Secretary of State or Scottish Ministers under the provisions of such an order to make a determination or give an approval, or by reference to his or their opinion, from time to time, of any matter.

3

In subsection (2)(b) the reference to persons who carry out functions for the purposes of the criminal justice system includes a reference to members of the prison service in any Part of the United Kingdom and to members of the probation service.

4

The consequential provision that may be contained in an order under this section includes provision modifying any enactment.

5

Before making an order under this section, the Secretary of State shall consult with the Scottish Ministers.

6

The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.