Criminal Justice and Police Act 2001

Criminal Justice and Police Act 2001

2001 Chapter 16 - continued

PART 4

POLICE TRAINING

The Central Police Training and Development Authority

Establishment of the Authority

(1) There shall be a body corporate to be known as the Central Police Training and Development Authority (in this Part referred to as "the Authority").

(2) Schedule 3 (which makes provision about the Authority) shall have effect.

Functions of the Authority

(1) The functions of the Authority shall be-

(a) to provide police training and facilities for the provision of police training;

(b) to promote the value of the provision of police training;

(c) to give advice about the provision of police training to persons other than the Authority who provide it or are proposing to do so;

(d) to provide such persons with all such assistance in relation to the provision of police training as the Authority consider appropriate;

(e) to provide persons serving or employed for policing purposes in England and Wales with advice and consultancy services with respect to policing matters generally and with respect to best police practice and the handling of incidents requiring police involvement.

(2) It shall be the duty of the Authority to carry out their functions efficiently and effectively and in the manner which they consider is best calculated to secure-

(a) that professional excellence in persons serving or employed for policing purposes in England and Wales is promoted and developed;

(b) that facilities are maintained that represent a centre of excellence in the provision of police training for such persons;

(d) that understanding of policing issues is shared internationally.

(3) In carrying out their functions the Authority shall have regard to-

(a) any objectives for the time being determined for them and notified to them by the Secretary of State under section 89;

(b) the objectives determined by the Authority under section 90;

(c) any performance targets established by them, whether in compliance with a direction under section 91 or otherwise; and

(d) the training and development plan issued by them under section 92 for the current financial year.

(4) The Authority shall comply-

(a) with every direction given to them by the Secretary of State under section 91 or 93; and

(b) with all such other general or specific directions with respect to the carrying out of their functions as may be given to them in writing by the Secretary of State.

(5) The Authority may do anything that they consider is calculated to facilitate, or is conducive or incidental to, the carrying out of any of their functions.

(6) Subject to subsection (7), in this section-

(a) references to the provision of police training are references to the provision of training and opportunities for professional development for persons serving or employed for policing purposes in England and Wales; and

(b) references to the provision of training include references to the provision of assessment and examination services.

(7) The Authority shall be entitled, subject to subsections (2) to (4), to carry out their functions under subsection (1) as if the references in that subsection to the provision of police training included, to such extent and for such purposes as the Authority consider appropriate, references to the provision of training and opportunities for professional development for-

(a) persons serving with or employed for the purposes of any of the organisations or forces set out in subsection (8);

(b) park constables, within the meaning of the Parks Regulation Act 1872 (c. 15);

(c) special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority;

(d) any person who appears to the Authority to be a person to whom it would be appropriate to provide such training or opportunities in order to secure that the police training provided by the Authority is more effective or more beneficial;

(e) any person who appears to the Authority to be a person to whom it would be appropriate to provide any training or professional development in the provision of which the Authority have, for purposes connected with the carrying out of their functions, acquired a special expertise; and

(f) any other such person as the Secretary of State may by order specify for the purposes of this subsection.

(8) Those organisations and forces are-

(a) the National Criminal Intelligence Service;

(b) the National Crime Squad;

(d) the Police Service of Northern Ireland;

(e) the Police Service of Northern Ireland Reserve;

(f) the Ministry of Defence Police;

(g) the Royal Navy Regulating Branch;

(h) the Royal Military Police;

(i) the Royal Air Force Police;

(j) the Royal Marines Police;

(k) the British Transport Police;

(l) the States of Jersey Police Force;

(m) the salaried police force of the Island of Guernsey;

(n) the Isle of Man Constabulary; and

(o) any person with functions in any country or territory outside the British Islands which correspond to those of a police force in England and Wales.

(9) Any statutory instrument containing an order made by virtue of subsection (7)(f) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) References in this section to a person serving or employed for policing purposes in England and Wales are references to a person who is-

(a) a member of a police force in England and Wales;

(b) a special constable appointed under section 27 of the 1996 Act; or

Setting of objectives by the Secretary of State

(1) The Secretary of State may determine objectives for the Authority and may from time to time modify those objectives.

(2) The Secretary of State shall notify the Authority of any objectives that he has determined for them under this section and of any modification by him of those objectives.

(3) Before determining any objectives for the Authority under this section, the Secretary of State shall consult-

(a) the Authority;

(b) persons whom the Secretary of State considers to represent the interests of police authorities for areas in England and Wales; and

(c) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales.

The Authority's annual objectives

(1) The Authority shall, before the beginning of each financial year, determine their objectives for that year.

(2) Objectives determined under this section-

(a) may relate to matters to which objectives determined under section 89 also relate, or to other matters; but

(b) shall, in any event, be so framed as to be consistent with the objectives determined under that section.

(3) Before determining objectives under this section, the Authority shall consult-

(a) Her Majesty's Inspectors of Constabulary;

(b) persons whom they consider to represent the interests of police authorities for areas in England and Wales; and

(c) persons whom they consider to represent the interests of chief officers of police of police forces in England and Wales.

Setting of performance targets

(1) Where an objective has been determined under section 89 and notified to the Authority, the Secretary of State may direct the Authority to establish levels of performance ("performance targets") to be aimed at in seeking to achieve the objective.

(2) A direction given under this section may impose conditions with which the performance targets must conform.

(3) The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.

Training and development plans

(1) The Authority shall, before the beginning of each financial year, issue a plan for that year ("a training and development plan") setting out the proposed arrangements for the carrying out by them of their functions during the year.

(2) The training and development plan for a financial year shall include a statement of-

(a) the Authority's priorities for the year;

(b) the financial resources expected to be available to the Authority for that year; and

(3) The training and development plan for a financial year shall also give particulars of-

(a) any objectives for the time being determined for them and notified to them by the Secretary of State under section 89;

(b) the objectives determined for that year by the Authority under section 90; and

(4) The Authority shall arrange for every training and development plan issued by them under this section to be published in such manner as they consider appropriate.

(5) The Authority shall also send a copy of every training and development plan issued by them under this section to each of the following-

(a) the Secretary of State;

(b) every police authority for an area in England and Wales; and

Inspections of the Authority

(1) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection of the Authority under section 54 of the 1996 Act.

(2) Where a report made to the Secretary of State on an inspection of the Authority under that section states-

(a) that, in the opinion of the person making the report, the Authority are not carrying out their duties efficiently and effectively, or

(b) that in his opinion, unless remedial measures are taken, the Authority will cease to carry out their duties efficiently and effectively,

the Secretary of State may direct the Authority to take such measures as may be specified in the direction.

Power to require reports from the Authority

(1) The Secretary of State may require the Authority to submit to him a report on such matters connected with the carrying out of their functions as may be specified in the requirement.

(2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

(3) The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.

Annual reports

(1) The Authority shall, as soon as possible after the end of each financial year, send to the Secretary of State a report on the carrying out of their functions during that year.

(2) A report issued under this section for any year shall include an assessment of the extent to which the Authority's training and development plan for that year issued under section 92 has been carried out.

(3) The Secretary of State shall lay a copy of each report before each House of Parliament.

Secretary of State's duty to promote efficiency etc. of Authority

The Secretary of State shall exercise his powers under this Part in relation to the Authority in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the Authority.

Other provisions about training

Regulations for police forces

(1) The Secretary of State may make regulations as to-

(a) police training (within the meaning of section 88 above); and

(b) the qualifications for deployment to perform particular tasks of persons serving or employed for policing purposes in England and Wales.

(2) Without prejudice to the generality of subsection (1), regulations made by virtue of paragraph (a) of that subsection may make provision with respect to the curriculum for courses of training for persons serving or employed for policing purposes in England and Wales, including the evaluation, approval and manner of devising the curriculum, or any part of it.

(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may-

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police 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) Before making regulations under this section the Secretary of State shall consult-

(a) the Authority;

(b) Her Majesty's Inspectors of Constabulary;

(d) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales.

(5) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (10) of section 88 shall apply for construing references in this section to persons serving or employed for policing purposes in England and Wales as it applies for construing any such references in that section.

Directions after inspection identifies training needs

(1) Where a report made to the Secretary of State on an inspection under section 54 of the 1996 Act (functions of inspectors of constabulary) contains recommendations in the case of any police force for the taking of measures relating to-

(a) the provision of training, or

(b) the provision of opportunities for professional development,

the Secretary of State may direct the police authority responsible for maintaining that force to take such measures relating to those matters as may be specified in the direction.

(2) A police authority shall comply with any direction given to it under this section.

Joint provision of training

For section 23(6) of the 1996 Act (collaboration agreements) there shall be substituted-

	"(6) In subsection (1)-
	(a) the reference to members of a police force includes a reference to special constables appointed for the area for which that force is maintained, and
	(b) the reference to police functions includes a reference to functions with respect to training and the provision of opportunities for professional development."

Supplemental provisions in relation to police training

100

Orders and regulations under Part 4

(1) Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.

(2) Any order or regulations made by the Secretary of State under this Part may make different provision for different cases.

101

Interpretation of Part 4

(1) In this Part-

"the Authority" means the Central Police Training and Development Authority; and

"financial year" means a period of twelve months ending with 31st March.

(2) For the purposes of this Part the Commissioner of Police for the City of London shall be deemed to be a member of the City of London police force.

102

Consequential amendments relating to police training

The enactments specified in Schedule 4 (amendments consequential on the provisions of this Part) shall have effect with the amendments set out in that Schedule.

103

Transitional arrangements relating to Authority's establishment etc.

(1) The Secretary of State may, in connection with the coming into force of any provision of this Part, by order make such transitional provision and savings (including provision modifying this Part) as he thinks fit.

(2) The Secretary of State may, for the purpose of facilitating the carrying out by the Authority of their functions or in connection with the coming into force of any provision of this Part, by order make such provision as he thinks fit-

(a) for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

(b) for the transfer of members of police forces in England and Wales and other persons.

(3) An order under this section may-

(a) provide for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order; and

(b) make provision as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

(4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

We welcome your comments on this site

Prepared 2 August 2001