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Energy Act 2004 (c. 20)(The document as of February, 2008) Page 22 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 (a) agreed between the Police Authority and the UKAEA; or (b) in the absence of such agreement, determined by the Secretary of State. (7) References in this paragraph to the modification of a UKAEA pension scheme include references to the modification of any one or more of the following-- (a) the trust deed of the scheme, if there is one; (b) rules of the scheme; or (c) any other instrument relating to the constitution, management or operation of the scheme. Part 4 FinancesBorrowing by the Police Authority8 (1) The Police Authority may borrow money, but only in accordance with this paragraph. (2) The approval of the Treasury is required for borrowing by the Police Authority. (3) The Police Authority may borrow from the Secretary of State such sums in sterling as it may require for meeting its obligations and for carrying out its functions. (4) The Police Authority may, with the consent of the Secretary of State, borrow temporarily by way of overdraft from persons other than the Secretary of State such sums in sterling as it may require for meeting its obligations and for carrying out its functions. (5) The Police Authority must not borrow if the effect would be-- (a) to take the aggregate amount outstanding in respect of the principal of sums it has borrowed over its borrowing limit; or (b) to increase the amount by which the aggregate amount so outstanding exceeds that limit. (6) The Police Authority's borrowing limit is £10 million. (7) The Secretary of State may by order vary the Police Authority's borrowing limit. (8) The approval of the Treasury is required for the making of an order under sub-paragraph (7). (9) An order under sub-paragraph (7) is subject to the negative resolution procedure. Guarantees for borrowing by the Police Authority9 (1) The Secretary of State may guarantee-- (a) the repayment of the principal of any sum borrowed by the Police Authority; (b) the payment of interest on such a sum; and (c) the discharge of any other financial obligation of the Police Authority in connection with the borrowing of such a sum. (2) The Secretary of State may give a guarantee under this paragraph in such manner, and on such terms, as he thinks fit. (3) As soon as practicable after giving a guarantee under this paragraph, the Secretary of State must lay a statement of the guarantee before Parliament. (4) If sums are paid out by the Secretary of State under a guarantee given under this paragraph, the Police Authority must pay him-- (a) such amounts in or towards the repayment to him of those sums as he may direct; and (b) interest, at such rates as he may direct, on amounts outstanding under this sub-paragraph. (5) Payments to the Secretary of State under sub-paragraph (4) must be made at such times, and in such manner, as he may from time to time direct. (6) Where a sum has been paid out by the Secretary of State under a guarantee given under this paragraph, he must lay a statement relating to that sum before Parliament-- (a) as soon as practicable after the end of the financial year in which that sum is paid out; and (b) as soon as practicable after the end of each subsequent relevant financial year. (7) In relation to a sum paid out under a guarantee, a financial year is a relevant financial year for the purposes of sub-paragraph (6) unless-- (a) before the beginning of that year, the whole of that sum has been repaid to the Secretary of State under sub-paragraph (4); and (b) the Police Authority is not at any time during that year subject to a liability to pay interest on amounts that became due under that sub-paragraph in respect of that sum. (8) The consent of the Treasury is required-- (a) for the giving of a guarantee under this paragraph; and (b) for the giving of a direction under sub-paragraph (4) or (5). Grants and loans to the Police Authority10 (1) The Secretary of State may-- (a) make payments by way of grant to the Police Authority; and (b) also make payments to it by way of loan. (2) The Secretary of State may make any grants made by him to the Police Authority subject to such conditions as he thinks fit. (3) Loans made by the Secretary of State to the Police Authority shall be on such terms, as to repayment and interest and other matters, as the Secretary of State may determine. Financial duties11 (1) The Secretary of State may determine the financial duties of the Police Authority. (2) Before determining any financial duties under this paragraph, the Secretary of State must consult the Police Authority. (3) The approval of the Treasury is required for a determination by the Secretary of State of the Police Authority's financial duties. (4) A determination by the Secretary of State of the Police Authority's financial duties may-- (a) relate to a period beginning before, on or after the date on which it is made; (b) contain supplemental provisions; and (c) be varied by a subsequent determination. (5) The Secretary of State may make different determinations for different functions and activities of the Police Authority. (6) The Secretary of State must give the Police Authority notice of every determination by him of its financial duties. Accounts and audit12 (1) The Police Authority must-- (a) keep proper accounts and proper accounting records; and (b) prepare, in respect of each of its accounting years, a statement of its accounts. (2) A statement of accounts prepared under this paragraph must give a true and fair view of-- (a) the income and expenditure of the Police Authority for the accounting year in question; and (b) its state of affairs. (3) Such a statement of accounts must comply with every requirement which has been notified by the Secretary of State to the Police Authority. (4) Those requirements may include, in particular, requirements relating to-- (a) the information to be contained in the statement; (b) the manner in which that information is to be presented; (c) the methods and principles according to which the statement is to be prepared. (5) The approval of the Treasury is required for the imposition of a requirement under sub-paragraph (3). (6) The accounts of the Police Authority relating to each of its accounting years, including the statement of accounts prepared for the year under this paragraph, must be audited by the Comptroller and Auditor General. (7) The Comptroller and Auditor General must send a copy of his report on what he is required to audit to the Police Authority. (8) The Police Authority must send to the Secretary of State, in respect of each of its accounting years-- (a) a copy of the accounts for that year that are required to be audited under this paragraph; and (b) a copy of the Comptroller and Auditor General's report on those accounts. (9) The Secretary of State must lay a copy of whatever is sent to him under sub-paragraph (8) before Parliament. (10) In this paragraph--
Receipts and surpluses13 (1) The Secretary of State may give a direction requiring the Police Authority to pay to him an amount equal to-- (a) the whole or part of a sum which it has received (otherwise than from the Secretary of State); or (b) the whole or part of any surplus which it has for a financial year. (2) For the purposes of this paragraph, the Police Authority has a surplus for a financial year if its revenues for that year exceed the sums which it requires for carrying out its functions in that year. (3) Before giving a direction under this paragraph, the Secretary of State must consult-- (a) the Police Authority; and (b) the Treasury. Destination of receipts14 The Secretary of State must pay sums received by him under paragraph 9, 10 or 13 into the Consolidated Fund. Part 5 MiscellaneousAuthentication of Police Authority's seal15 (1) The application of the seal of the Police Authority is to be authenticated by the signature of-- (a) a member of the Police Authority; or (b) any other person who has been authorised by it (whether generally or specifically) for the purpose. (2) A document purporting to be-- (a) duly executed under the Police Authority's seal, or (b) signed on behalf of the Police Authority, may be received in evidence and, except so far as the contrary is shown, is to be taken to be duly so executed or signed. (3) This paragraph does not extend to Scotland. Status16 (1) The Police Authority is not to be regarded-- (a) as the servant or agent of the Crown; or (b) as enjoying any status, immunity or privilege of the Crown. (2) The Police Authority's property is not to be regarded as property of the Crown, or as held on behalf of the Crown. Disqualification for House of Commons17 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), at the appropriate place, insert-- " The Civil Nuclear Police Authority " . Freedom of information18 In Part 5 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (police bodies to be public authorities for the purposes of that Act), after paragraph 63 insert-- " 63A The Civil Nuclear Police Authority. 63B The chief constable of the Civil Nuclear Constabulary. " Section 53 SCHEDULE 11 Removal and suspension of senior officers of ConstabularyRemoval of senior officers by Police Authority1 (1) The Police Authority may call on a senior officer, in the interests of efficiency or effectiveness, to retire or to resign. (2) The approval of the Secretary of State is required before the Police Authority may call on a senior officer to retire or to resign. (3) Before seeking the approval of the Secretary of State, the Police Authority must-- (a) give the senior officer a notice of its intention to call on him to retire or to resign and an explanation of its grounds for doing so; (b) give the senior officer an opportunity of making representations, including an opportunity of making representations in person; and (c) consider any representations made by or on behalf of the senior officer. (4) A senior officer who is called on to retire or to resign must retire or resign with effect from-- (a) such date as the Police Authority may specify; or (b) such earlier date as may be agreed between him and the Police Authority. (5) Oral notice is not effective for the purposes of sub-paragraph (3). Power of Secretary of State to require removal of chief constable2 (1) The Secretary of State may require the Police Authority to exercise its power under paragraph 1 to call on the chief constable to retire or to resign. (2) Before requiring the Police Authority to exercise that power, the Secretary of State must-- (a) give the chief constable a notice of his intention to require the Police Authority to exercise that power and an explanation of his grounds for doing so; (b) give the chief constable an opportunity of making representations, including an opportunity of making representations in person; and (c) consider any representations made by or on behalf of the chief constable. (3) Where the Secretary of State gives a notice under sub-paragraph (2), he must send a copy of the notice to the Police Authority. (4) The Secretary of State must not exercise his power under sub-paragraph (1) unless he has-- (a) appointed one or more persons to hold an inquiry and to report to him; and (b) considered the report made to him. (5) At least one of the persons appointed under sub-paragraph (4)(a) must be a person who is not any of the following-- (a) a constable; (b) an employee of the Police Authority; (c) an officer of a Government department. (6) At an inquiry held under sub-paragraph (4)-- (a) the chief constable, and (b) the Police Authority, must each be given an opportunity of making representations, including (in the case of the chief constable) an opportunity of making representations in person. (7) The Police Authority must pay the costs reasonably incurred by the chief constable in respect of an inquiry under this paragraph. (8) The amount of those costs is to be assessed in such manner as the Secretary of State may direct. (9) If the Secretary of State exercises his power under sub-paragraph (1) in relation to the chief constable, the Police Authority-- (a) must call on him to retire or to resign; and (b) is not required to comply with paragraph 1(3) before doing so. (10) Oral notice is not effective for the purposes of sub-paragraph (2). Suspension of senior officers by Police Authority pending removal3 (1) This paragraph applies where-- (a) the Police Authority has notified a senior officer that it intends to exercise its power under paragraph 1 to call on him to retire or to resign; (b) the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or (c) the Police Authority has exercised its power under paragraph 1 in the case of a senior officer, or has been required to do so under paragraph 2, but the senior officer has not yet retired or resigned. (2) The Police Authority may suspend the senior officer from duty. (3) But this power is to be exercisable only where the Police Authority considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary. (4) The approval of the Secretary of State is required for a suspension under this paragraph. Power of Secretary of State to require suspension of chief constable4 (1) This paragraph applies where-- (a) the Police Authority has notified the chief constable that it intends to exercise its power under paragraph 1 to call on him to retire or to resign; (b) the Secretary of State has notified the chief constable under paragraph 2 that he intends to require the Police Authority to exercise that power in his case; or (c) the Police Authority has exercised that power, or has been required to do so under paragraph 2, but the chief constable has not yet retired or resigned. (2) The Secretary of State may require the Police Authority to suspend the chief constable from duty. (3) But this power is to be exercisable only where the Secretary of State considers that it is necessary to exercise it in order to maintain public confidence in the Constabulary. (4) The Police Authority must comply with a requirement under this paragraph to suspend the chief constable from duty. (5) Paragraph 3(3) and (4) do not apply to the suspension of the chief constable in pursuance of a requirement under this paragraph. Section 61 SCHEDULE 12 Planning and reports about ConstabularyPart 1 PlanningDetermination of annual objectives for Constabulary1 (1) Before the beginning of each financial year, the Police Authority must determine objectives for policing by the Constabulary during that year. (2) The objectives must-- (a) incorporate every objective relating to policing imposed by directions under paragraph 1 of Schedule 13; and (b) otherwise be consistent with the directions given by the Secretary of State to the Police Authority under this Chapter. (3) In determining the objectives, the Police Authority must have regard to-- (a) the National Policing Plan for that year prepared by the Secretary of State under section 36A of the Police Act 1996 (c. 16); and (b) the objectives (if any) determined for that year by the Secretary of State under section 37 of the Police Act 1996 (objectives for police authorities). (4) Before determining the objectives, the Police Authority must consult the chief constable. Annual policing plan2 (1) Before the beginning of each financial year, the Police Authority must issue a plan setting out the proposed arrangements for policing by the Constabulary during the year (the "annual policing plan"). (2) The annual policing plan must include a statement of-- (a) the objectives determined for the year under paragraph 1; (b) the Police Authority's priorities for the year; (c) the performance targets set by the Police Authority for the year; and (d) the financial resources expected to be available and the proposed allocation of those resources. (3) The annual policing plan for a financial year must be consistent with the three-year strategy plan most recently issued or proposed to be issued under paragraph 3 for a period that includes that financial year. (4) Before an annual policing plan for a financial year is issued, a draft of a plan for that year must have been-- (a) prepared by the chief constable; and (b) submitted by him to the Police Authority for its consideration. (5) Before the Police Authority issues an annual policing plan which differs from the draft submitted by the chief constable, it must consult him. (6) The Police Authority must-- (a) arrange for every annual policing plan to be published in such manner as appears to it to be appropriate; and (b) send a copy of every annual policing plan to the Secretary of State. Three-year strategy plan3 (1) Before the beginning of each financial year, the Police Authority must issue a plan setting out the Police Authority's medium and long term strategies for policing by the Constabulary during the three year period beginning with that year (the "three-year strategy plan"). (2) Before a three year strategy plan for any period is issued, a draft of a plan for that period must have been-- (a) prepared by the chief constable; and (b) submitted by him to the Police Authority for its consideration. (3) Before the Police Authority issues a three-year strategy plan which differs from the draft submitted by the chief constable, it must consult him. (4) The Police Authority must-- (a) arrange for every three-year strategy plan to be published in such manner as appears to it to be appropriate; and (b) send a copy of every three-year strategy plan to the Secretary of State. (5) The reference in sub-paragraph (1) to a three year period is a reference to a period of three successive financial years. Initial objectives and plans4 The first objectives that are required to be determined under paragraph 1, and the first plans or draft plans to be issued or prepared under paragraphs 2 and 3, must be determined, issued or prepared as if the references in this Part of this Schedule to a financial year were references to such period ending-- (a) not more than two years after the commencement of this Part of this Schedule, and (b) with a 31st March, as may be notified to the Police Authority by the Secretary of State. Part 2 ReportsAnnual report by chief constable5 The chief constable must, as soon as possible after the end of each reporting year-- (a) submit to the Police Authority a report on the policing carried out by the Constabulary during that year; and (b) arrange for the report to be published in such manner as appears to him to be appropriate. Power of Police Authority to require reports6 (1) Whenever he is required to do so by the Police Authority, the chief constable must submit to it a report-- (a) on such matters connected with policing by the Constabulary, and (b) in such form, as it may specify. (2) The Police Authority may-- (a) arrange for a report submitted to it under this paragraph to be published in such manner as appears to it to be appropriate; or (b) require the chief constable to arrange for it to be published in that manner. (3) If it appears to the chief constable that a report required from him under this paragraph would contain-- (a) information which, in the public interest, ought not to be disclosed, or (b) information which is not needed by the Police Authority for the carrying out of its functions, he may request the Police Authority to refer its requirement for a report to the Secretary of State. (4) Where a request is made under sub-paragraph (3), the requirement for the report has effect only to the extent that it is confirmed by the Secretary of State. Annual report by Police Authority7 (1) As soon as possible after the end of each reporting year, the Police Authority must issue a report relating to the policing carried out by the Constabulary during that year (an "annual report"). (2) The annual report must include an assessment of the extent to which, during that year, proposals have been implemented and things have been done in accordance with-- (a) the three-year strategy plan most recently issued for a period in which that year ends; and (b) the annual policing plan issued-- (i) in the case of the first annual report, for every financial year the whole or a part of which is included in the reporting year; and (ii) in any other case, for the financial year that coincides with the reporting year. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 -- Back --
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