Police (Northern Ireland) Bill - continued        House of Lords

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  PART V
  ECONOMY, EFFICIENCY AND EFFECTIVENESS
Arrangements relating to economy, efficiency and effectiveness.     28. - (1) The Board shall make such arrangements as the Secretary of State may by order specify to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
 
      (2) An order under subsection (1) shall-
 
 
    (a) require the Board to conduct reviews of its functions in accordance with the provisions of the order;
 
    (b) specify a period within which the Board is to review all its functions or any specified function;
 
    (c) specify the matters which the Board must include in a review of any function;
 
    (d) require the Board in conducting a review to aim to improve the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
      (3) An order under subsection (1) may-
 
 
    (a) specify factors ("performance indicators") by reference to which the Board's performance in exercising functions can be measured;
 
    (b) specify standards ("performance standards") to be met by the Board in relation to performance indicators specified under paragraph (a).
      (4) An order under subsection (1) shall-
 
 
    (a) require the Board to prepare and publish in accordance with the provisions of the order a performance plan for each financial year containing details of how the Board intends to secure compliance with the provisions of the order in that year;
 
    (b) require the Board to include in a performance plan for a financial year a summary of the Board's assessment of-
 
      (i) its performance in the previous financial year with regard to performance indicators;
 
      (ii) its success in meeting any performance standard which applied at any time in that year;
 
    (c) specify the other matters which the Board must include in a performance plan for a financial year.
      (5) The preceding provisions of this section apply with appropriate modifications to the Chief Constable and his functions as they apply to the Board and its functions.
 
      (6) Before making an order under subsection (1), the Secretary of State shall consult-
 
 
    (a) the Board; and
 
    (b) the Chief Constable.
Audit of performance plans.     29. - (1) A performance plan published by the Board for a financial year by virtue of section 28(4) shall be audited by the Comptroller and Auditor General.
 
      (2) An audit of a performance plan is an examination for the purpose of establishing whether the plan was prepared and published in accordance with an order under section 28(1).
 
      (3) Section 8 of the National Audit Act 1983 (right of Comptroller and Auditor General to obtain documents and information) applies in relation to an examination under this section as it applies to an examination under section 6 or 7 of that Act.
 
      (4) In relation to the Board's performance plan, the Comptroller and Auditor General shall issue a report-
 
 
    (a) certifying that he has audited the plan;
 
    (b) stating whether he believes that it was prepared and published in accordance with an order under section 28(1);
 
    (c) if appropriate, recommending how it should be amended so as to accord with an order under section 28(1);
 
    (d) recommending whether the Secretary of State should give a direction under section 31(2)(a) or (b).
      (5) The Comptroller and Auditor General shall send a copy of every report under this section to-
 
 
    (a) the Board;
 
    (b) the Chief Constable; and
 
    (c) the Secretary of State.
      (6) The Board shall publish any report under this section on the audit of a performance plan published by the Board.
 
      (7) Where the Board receives a report which contains a recommendation under subsection (4)(c) or (d), it shall-
 
 
    (a) within the period of one month from the date on which it receives the report, prepare a statement of any action which it proposes to take as a result of the report; and
 
    (b) send a copy of the statement to the Secretary of State and the Comptroller and Auditor General.
      (8) The preceding provisions of this section apply with appropriate modifications to the Chief Constable and a performance plan published by him as they apply to the Board and a performance plan published by it.
 
Examinations     30. - (1) The Comptroller and Auditor General may carry out an examination of the Board's or the Chief Constable's compliance with the requirements of an order under section 28(1).
 
      (2) If the Secretary of State directs the Comptroller and Auditor General to carry out an examination of the Board's or the Chief Constable's compliance with the requirements of an order under section 28(1) in relation to specified functions, the Comptroller and Auditor General shall comply with the direction.
 
      (3) Before giving a direction under subsection (2), the Secretary of State shall consult the Comptroller and Auditor General.
 
      (4) Section 8 of the National Audit Act 1983 (right of Comptroller and Auditor General to obtain documents and information) applies in relation to an examination under this section as it applies to an examination under section 6 or 7 of that Act.
 
      (5) Where the Comptroller and Auditor General has carried out an examination under this section he shall issue a report.
 
      (6) A report-
 
 
    (a) shall mention any matter in respect of which the Comptroller and Auditor General believes as a result of the examination that the Board or the Chief Constable is failing to comply with the requirements of an order under section 28(1);
 
    (b) may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 31(2)(a) or (b).
      (7) The Comptroller and Auditor General shall send a copy of every report under this section to-
 
 
    (a) the Board;
 
    (b) the Chief Constable; and
 
    (c) the Secretary of State.
      (8) In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted-
 
 
    "(4) The inspectors shall-
 
 
    (a) if the Secretary of State so directs, carry out an inspection of the Board's or the Chief Constable's compliance with the requirements of any provision of an order under section 28(1) of the Police (Northern Ireland) Act 2000;
 
    (b) carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens;
 
    (c) make such reports as the Secretary of State may from time to time direct."
      (9) In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after "under section 41(2) or (3)" there shall be inserted "and any report of an inspection under section 41(4)(a)".
 
Enforcement of duties under section 28.     31. - (1) Subsection (2) applies if the Secretary of State is satisfied that the Board or the Chief Constable is failing to comply with the requirements of any provision of an order under section 28(1).
 
      (2) Subject to subsection (3), the Secretary of State may-
 
 
    (a) direct the Board or the Chief Constable to take any action which the Secretary of State considers necessary or expedient to secure compliance with the provision in question;
 
    (b) direct the Board to hold an inquiry into any specified matter; or
 
    (c) direct a local inquiry to be held into the exercise by the Board or the Chief Constable of specified functions.
      (3) Before giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of subsection (4)(d) of section 29, the Secretary of State shall have regard to any statement received by him under subsection (7)(b) of that section before the expiry of the period mentioned in subsection (7)(a) of that section.
 
      (4) It shall be the duty of the Board or the Chief Constable to comply with any directions given under subsection (2)(a).
 
      (5) Subsections (6) to (10) and (12) to (15) of section 58 shall apply to an inquiry under subsection (2)(b) as they apply to an inquiry under that section.
 
      (6) Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (inquiries and investigations) shall apply to a local inquiry under subsection (2)(c) with the substitution for references to the Ministry of references to the Secretary of State.
 
 
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