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 arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.
 
      (2) The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.
 
      (3) The arrangements shall also require the Chief Constable to conduct, at intervals specified in the arrangements, reviews of the way in which his functions are exercised.
 
      (4) The Board shall prepare and publish a plan (its "performance plan") for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.
 
      (5) The performance plan shall-
 
 
    (a) identify factors ("performance indicators") by reference to which performance in exercising functions can be measured;
 
    (b) set standards ("performance standards") to be met in the exercise of particular functions in relation to performance indicators; and
 
    (c) include a summary of the Board's assessment of-
 
      (i) its and the Chief Constable's performance in the previous financial year measured by reference to performance indicators;
 
      (ii) the extent to which any performance standard which applied at any time during that year was met.
      (6) Before publishing its performance plan, the Board must consult the Secretary of State and the Chief Constable.
 
      (7) In this Part-
 
 
    "performance indicators" and "performance standards" have the meaning given in subsection (5); and
 
    "performance plan" means a plan published by the Board under subsection (4).
Audit of performance plans.     29. - (1) A performance plan 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 the requirements of section 28.
 
      (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 a 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 the requirements of section 28;
 
    (c) stating whether he believes that the performance indicators and performance standards, so far as relating to the functions of the Chief Constable, are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;
 
    (d) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;
 
    (e) 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.
 
      (7) Subsections (8) to (10) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4).
 
      (8) Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.
 
      (9) The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).
 
      (10) The Board shall, without delay, submit the statement it has prepared to the Secretary of State and the Comptroller and Auditor General.
 
      (11) The statement shall-
 
 
    (a) specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;
 
    (b) contain a summary of the result of the consultation required by subsection (9).
Examinations.     30. - (1) The Comptroller and Auditor General may carry out an examination of the Board's compliance with the requirements of section 28.
 
      (2) If the Secretary of State directs the Comptroller and Auditor General to carry out an examination of the Board's compliance with the requirements of section 28 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 is failing to comply with the requirements of section 28;
 
    (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) The Comptroller and Auditor General shall lay copies of every report under this section before each House of Parliament.
 
      (9) 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 compliance with the requirements of section 28 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 as the Secretary of State may from time to time direct;
 
    (c) make such reports as the Secretary of State may from time to time direct."
      (10) 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 has received a report under section 29(4) or 30(5) of this Act, or section 41(4) of the 1998 Act, and he is satisfied that-
 
 
    (a) the Board is failing to comply with the requirements of section 28; or
 
    (b) it is appropriate to change performance indicators or performance standards contained in a performance plan, so far as relating to the functions of the Chief Constable.
      (2) Subject to subsection (3), the Secretary of State may direct the Board-
 
 
    (a) to take any action which he considers necessary or expedient to secure compliance with the requirement of section 28; or
 
    (b) to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as he considers appropriate.
      (3) Before giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of paragraph (c), (d) or (e) of subsection (4) of section 29, the Secretary of State shall have regard to any statement submitted to him under subsection (10) of that section before the expiry of the period mentioned in subsection (8) of that section.
 
 
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