Criminal Justice and Court Services Bill - continued        House of Lords

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  S C H E D U L E S
 
 

 
 
 
SCHEDULE 1
 
  LOCAL BOARDS
 
Constitution
     1. A local board shall be a body corporate.
 
     2. - (1) A local board is to consist of a chairman, a chief officer and not less than five other members.
 
      (2) One of the other members is to be appointed by the Lord Chancellor from among the judges of the Crown Court (being a judge of the High Court, a Circuit judge or a Recorder).
 
      (3) The chief officer is to be appointed by the board with the approval of the Secretary of State.
 
      (4) The chairman and the other members are to be appointed by the Secretary of State.
 
      (5) Regulations may make provision as to their appointment (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment as a member).
 
      (6) Regulations must provide, so far as it is practicable to do so, for the persons appointed to be representative of the local community in the board's area and to live or work (or to have lived or worked) in that area.
 
      (7) Below in this Schedule, "member" includes the chairman and chief officer (where the context allows).
 
 
Tenure of members
     3. - (1) A person is to hold and vacate office as a member in accordance with the terms of the instrument appointing him.
 
      (2) A person may at any time resign office as a member by giving written notice to the Secretary of State or, as the case may be, the Lord Chancellor.
 
      (3) The Secretary of State or, as the case may be, the Lord Chancellor may remove a member from office by giving written notice to him.
 
      (4) Regulations may make provision as to the tenure of office of the members (including the circumstances in which they cease to hold office or may be removed or suspended from office).
 
      (5) The chief officer is to be treated for the purposes of the Employment Rights Act 1996 as if he were in Crown employment (within the meaning of that Act).
 
      (6) Sub-paragraphs (1) to (3) have effect subject to sub-paragraph (5) and any regulations made by virtue of sub-paragraph (4).
 
 
Chairman's report
     4. Regulations may require the chairman to make a report to the Secretary of State about the performance of the other members, or any of them, and may confer other functions on the chairman.
 
 
Remuneration etc.
     5. - (1) It is for the Secretary of State to pay, or make provision for paying, to or in respect of any person who is or has been a member-
 
 
    (a) any remuneration, fees or expenses,
 
    (b) any pension, allowance or gratuity,
       determined by him.
 
      (2) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as a member otherwise than on the expiration of his term of office to receive compensation, the Secretary of State may pay an amount of compensation determined by him to that person.
 
 
Procedure
     6. Regulations may provide for-
 
 
    (a) the establishment and functions of committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members),
 
    (b) the procedure of the boards and of any committees or sub-committees of the boards (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
 
Secretary and Treasurer
     7. Regulations may provide-
 
 
    (a) for each local board to appoint a secretary or treasurer (including the conditions to be fulfilled for appointment),
 
    (b) for the tenure of office of a secretary or treasurer so appointed (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
 
Staff
     8. - (1) A local board may appoint staff on terms and conditions determined by the local board as to-
 
 
    (a) any remuneration, fees or expenses,
 
    (b) any pension, allowance or gratuity.
      (2) But-
 
 
    (a) a determination under this paragraph requires the approval of the Secretary of State,
 
    (b) the Secretary of State may give directions as to the appointment of staff of a description specified in the directions,
 
    (c) the Secretary of State may give directions as to the qualifications, experience or training of staff.
 
Delegation of functions
     9. A local board may arrange for a committee, sub-committee or member to discharge functions of the board.
 
 
Payments to boards
     10. - (1) The Secretary of State may pay to a local board any amount he considers appropriate.
 
      (2) If he considers it appropriate, he may make any payment on conditions.
 
      (3) The conditions may (among other things)-
 
 
    (a) regulate the purposes for which the payment or any part of it may be used,
 
    (b) require repayment to the Secretary of State in specified circumstances.
 
Supervision
     11. - (1) Functions and other powers of local boards must be performed in accordance with any directions given to them by the Secretary of State.
 
      (2) A local board must provide the Secretary of State with any information relating to the performance of its functions or other powers which he may from time to time require.
 
 
Ancillary powers
     12. - (1) Subject to any directions given by the Secretary of State, a local board may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
 
      (2) That includes, in particular-
 
 
    (a) holding or managing land and other property,
 
    (b) entering into contracts,
 
    (c) investing sums not immediately required for the purpose of performing its functions,
 
    (d) accepting gifts.
      (3) But a local board-
 
 
    (a) may not hold or manage land without the approval of the Secretary of State,
 
    (b) may not borrow money, whether by way of overdraft or otherwise, without the approval of the Secretary of State.
      (4) Approval under this paragraph may be either general or special.
 
 
Directions
     13. - (1) Different directions may be given under this Chapter for different purposes.
 
      (2) Directions under this Chapter may be either general or special.
 
      (3) Directions under this Chapter may apply in relation to local boards generally or in relation to one or more local boards identified in the directions.
 
 
Annual plan
     14. - (1) A local board must, before the beginning of each financial year-
 
 
    (a) prepare a plan setting out how it intends to exercise its functions in that year, having regard to the circumstances prevailing in its area, and dealing with any other matter which the Secretary of State by directions requires it to deal with in respect of that year,
 
    (b) send a copy of the plan to the Secretary of State.
      (2) If the plan does not appear to the Secretary of State to be satisfactory, he may direct the local board to modify it.
 
 
Reports
     15. - (1) A local board must-
 
 
    (a) make a report to the Secretary of State on the performance of its functions during each financial year, and
 
    (b) arrange for the report to be published.
      (2) The Secretary of State may give directions as to-
 
 
    (a) the information to be given in the report and the form in which it is to be given,
 
    (b) the time by which the report is to be made,
 
    (c) the form and manner in which the report is to be published.
 
Accounts
     16. - (1) A local board must-
 
 
    (a) keep proper accounts and proper records in relation to the accounts,
 
    (b) prepare in respect of each financial year of the board a statement of accounts.
      (2) The Comptroller and Auditor General may examine any accounts of a local board, any records relating to the accounts and any auditor's report on them.
 
      (3) In the Audit Commission Act 1998-
 
 
    (a) in section 11(2) (consideration of reports and recommendations), for paragraph (f) there is substituted-
 
    "(f) local boards established under section 4 of the Criminal Justice and Court Services Act 2000",
 
    (b) in Schedule 2 (accounts subject to audit), for paragraph 1(p) there is substituted-
 
    "(p) a local board established under section 4 of the Criminal Justice and Court Services Act 2000".
      (4) The Secretary of State must prepare in respect of each financial year consolidated accounts of the local boards and send them, not later than the time specified in directions given by the Treasury, to the Comptroller and Auditor General.
 
      (5) The Comptroller and Auditor General must examine and certify the consolidated accounts and lay copies of them, together with his report on them, before the House of Commons.
 
 
Complaints
     17. Regulations may require each local board to make and publicise arrangements for dealing with complaints made by or on behalf of prescribed persons in relation to things done under the arrangements made by the board under section 5.
 
 
Status
     18. A local board is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.
 
 
Interpretation
     19. "Financial year", in this Schedule, means-
 
 
    (a) the period beginning with the date on which the local board is established and ending with the next following 31st March, and
 
    (b) each successive period of twelve months.
 
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Prepared 2 November 2000