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Schedule 10 (repeals) has effect. |
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(1) | Subject as follows, Parts 1 to 5 extend to England and Wales only. |
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(2) | An amendment or repeal by this Act of any enactment has the same extent as |
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the provision to which it relates. |
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(3) | Part 3 extends also to Scotland and Northern Ireland so far as relating to— |
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(a) | complaints about matters mentioned in paragraphs 5 and 6 of Schedule |
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(b) | requests under section 21 which— |
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(i) | are made by virtue of subsection (2) of that section and specify |
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matters relating to events which have (or may have) occurred as |
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mentioned in paragraph (e) or (f) of that subsection; or |
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(ii) | are made by virtue of subsection (3) of that section and specify |
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matters which the Secretary of State considers are (or may be) |
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(4) | Part 3 extends also to Northern Ireland so far as relating to deaths falling |
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within paragraphs 4 to 6 of Schedule 3. |
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(1) | This Part (apart from section 55) comes into force on the passing of this Act. |
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(2) | The following provisions come into force at the end of the period of two |
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months beginning with the day on which this Act is passed— |
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(b) | section 55 (so far as relating to the repeals in Schedule 10 which relate |
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(3) | The other provisions of this Act come into force on such day as the Secretary of |
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State may by order appoint. |
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(4) | Different days may be appointed for different purposes and in relation to |
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(5) | An order which brings sections 47 to 49 into force only in relation to a specified |
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area may also provide that (unless continued in force by a subsequent order) |
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they are to be in force in relation to that area only for a specified period. |
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(6) | An order which makes the provision permitted by subsection (5) may contain |
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transitional or saving provision relating to those sections’ ceasing to be in force |
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at the end of the specified period. |
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(7) | If an order makes the provision permitted by subsection (5), a subsequent |
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order may amend that order so as to continue those sections in force in relation |
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to that area for a further period. |
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(8) | If an order has been made bringing sections 47 to 49 into force only in relation |
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to a specified area, an order bringing them fully into force is not to be made |
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Her Majesty’s Commissioner for Offender Management and Prisons |
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Appointment and removal from office |
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1 | Her Majesty may appoint a person to be the Commissioner. |
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2 (1) | A person appointed as Commissioner shall hold office for such term, not |
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exceeding five years, as may be specified in his terms of appointment. |
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(2) | At the end of that term the person concerned is eligible for reappointment |
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for a further period not exceeding five years. |
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(3) | A person may not be reappointed for a third consecutive term unless, by |
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reason of special conditions, such reappointment is desirable in the public |
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3 (1) | The Commissioner may be relieved of office by Her Majesty at his own |
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request or removed from office by Her Majesty in consequence of Addresses |
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from both Houses of Parliament. |
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(2) | Her Majesty may declare the office of Commissioner to have been vacated if |
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satisfied that the person appointed is incapable for medical reasons of |
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performing his functions. |
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Remuneration, pensions and other benefits |
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4 | The Commissioner shall be paid such remuneration and such travelling and |
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other allowances as the Secretary of State may determine. |
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5 | There shall be paid to or in respect of a person who holds or has held office |
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as Commissioner such pension, allowances or gratuities as the Secretary of |
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Appointment of acting Commissioner |
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6 (1) | Where the office of Commissioner becomes vacant, the Secretary of State |
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may appoint a person as acting Commissioner. |
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(2) | The power under sub-paragraph (1) may not be exercised after the end of the |
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period of two years beginning with the day on which the vacancy arose. |
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7 (1) | Any person holding office as acting Commissioner shall cease to hold that |
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(a) | on the appointment of a new Commissioner; or |
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(b) | at the end of the period of two years beginning with the day on |
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(2) | Otherwise, an acting Commissioner holds office in accordance with his |
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8 | A person holding office as acting Commissioner is to be treated for all |
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purposes (apart from those of paragraphs 1 to 7) as the Commissioner. |
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9 | The Commissioner’s staff shall be provided by (or in pursuance of |
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arrangements made by) the Secretary of State. |
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10 | Any function of the Commissioner may be performed on his behalf by any |
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member of his staff who is authorised for the purpose by the Commissioner |
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(whether generally or specially). |
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11 (1) | The Commissioner may obtain advice to assist him in the performance of his |
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functions from any person who, in his opinion, is qualified to give it. |
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(2) | The Commissioner may pay fees or allowances to any person in relation to |
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the provision of advice under this paragraph. |
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(a) | shall publish a general report on the performance of his functions |
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during each year (an “annual report”); |
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(b) | may publish other reports with respect to his functions. |
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(2) | An annual report must be published as soon as may be practicable after the |
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end of the year to which it relates. |
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(3) | The Commissioner shall send a copy of each report under this paragraph to |
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(4) | The Secretary of State shall lay before Parliament— |
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(a) | a copy of each annual report, |
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(b) | a copy of any other report under this paragraph which is sent with a |
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request for it to be so laid, |
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| and shall do so as soon as practicable after he receives a copy of the report |
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13 | The Secretary of State shall pay such sums towards the expenses of the |
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Commissioner as the Secretary of State may determine. |
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