• Part 5 provision includes the creation of a Central Police Training and Development Authority, powers for the Secretary of State to make regulations in respect of police training and qualifications, and strengthened powers for the Secretary of State in respect of Inspection by the HMIC and collaboration on training between forces.

CLAUSE 89: POWER TO SPECIFY PERSONS TO WHOM CENTRAL POLICE TRAINING AND DEVELOPMENT AUTHORITY MAY PROVIDE TRAINING ETC

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:   NEGATIVE RESOLUTION

• Part 5 of the Bill establishes the Central Police Training and Development Authority ("the Authority") and clause 89 sets out its functions, which relate to police training. The definition of police training in subsection (6) is confined to persons serving or employed for policing purposes in England and Wales but subsection (7) enables the Authority to provide training and development additionally for the persons listed in the subsection. Paragraph (f) lists any person specified for the purposes of the subsection in an order made by the Secretary of State. The power gives some flexibility to expand the categories of persons within the scope of the Authority's functions, for example to take account of changes in police forces as recently occurred with the changes to the Royal Ulster Constabulary. The negative resolution procedure is thought to be suitable for this purpose as any categories would be relatively minor, and would not detract from the requirement for the Authority's main client group to be those employed for policing purposes in England and Wales.

CLAUSE 98: POWER TO MAKE REGULATIONS FOR POLICE TRAINING AND QUALIFICATIONS

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    REGULATIONS MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• Subsection (1) confers power to make regulations as to police training and as to the qualifications for deployment to perform particular tasks in the police service in England and Wales. Subsection (2) enables regulations as to training to make provision, in particular, with respect to the curriculum for training courses. By virtue of subsection (3), the regulations may confer powers on the Secretary of State, police authorities and chief officers of police and may authorise the delegation of functions conferred by or under the regulations. Subsection (4) requires the Secretary of State to consult the Authority, HM Inspectorate of Constabulary and representatives of police authorities and chief officers of police before making regulations under this clause.
• It is intended that the power will be exercised to set national standards through qualifications and a national curriculum for training. The qualifications framework will have a number of pathways and will be able to take account of individual officers' choices. This could include a competency based track, such as OSPRE which are exams as well as practical tasks; a standards based track, such as National Vocational Qualifications; or an academic track, such as foundation degrees. Papers presented to Standing Committee F during the Commons Committee stage of the Bill in March 2001 have set out further detail as to which ranks/roles these qualifications might cover.
• The negative resolution procedure is thought to be suitable for such regulations, which are similar to the regulations made under section 50 of the Police Act 1996 (also subject to negative resolution).

CLAUSE 104: POWER TO MAKE TRANSITIONAL PROVISIONS AND SAVINGS

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION PROCEDURE

• Subsection (1) confers power by order to make such transitional provision and savings as the Secretary of State thinks fit in connection with the coming into force of any provision in Part 5, including provision modifying that Part. This flexibility to modify Part 5 is important should areas of Part 5 subsequently need to be implemented at different times, for example in connection with the transfer of staff to the new organisation. The power to modify has a precedent in section 135(3) of the Police Act 1997, which is also subject to negative resolution procedure.
• Subsection (2) confers power, either in connection with the coming into force of any provision in Part 5 or for the purpose of facilitating the carrying out of the Authority's functions, to make such provision as the Secretary of State thinks fit for the transfer and apportionment of property, rights or liabilities or for the transfer of police officers or other persons. Subsection (3) enables the order to provide for the determination of matters by the Secretary of State or a nominated person and for the payment of fees to such a person. This power is needed to allow the arrangements relating to the staff employed and property used in the provision of police training by the Secretary of State under section 57 of the Police Act 1996 to be finalised after Royal Assent. It is anticipated that for the most part such property will be transferred to the Authority, together with the associated rights and liabilities of the Secretary of State. The power is similar to that in section 135(3) of the Police Act 1997, which is also subject to negative resolution procedure.
• Clause 101 provides that any power to make orders and regulations under this Part of the Bill is exercisable by statutory instrument and that any such order or regulations may make different provision for different cases.