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Armed Forces Act 2021

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Changes over time for: Schedule 4

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Version Superseded: 19/06/2023

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Status:

Point in time view as at 05/12/2022.

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 2021, Schedule 4. Help about Changes to Legislation

Section 11

Schedule 4U.K.Service police: complaints, misconduct etc

This Atodlen has no associated Nodiadau Esboniadol

Service Police Complaints CommissionerU.K.

1After Schedule 14 to AFA 2006 insert—

Section 365BA

Schedule 14AU.K.The Service Police Complaints Commissioner

Status

1The Service Police Complaints Commissioner is a corporation sole.

2The Commissioner is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

Appointment

3The Commissioner is to be appointed by Her Majesty on the recommendation of the Secretary of State.

Disqualification

4A person is disqualified from being the Commissioner if any of the following applies—

(a)the person is a member of the regular or reserve forces (whether or not as a member of a service police force);

(b)the person has been a member of a service police force;

(c)the person is employed in the civil service of the State.

Vacancy or incapacity

5(1)Sub-paragraph (2) applies if—

(a)the office of the Commissioner becomes vacant, or

(b)it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

(2)The Secretary of State may appoint a person to act as the Commissioner during the vacancy or period of ill health.

(3)An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

(4)While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 6 and this paragraph) as the Commissioner.

Term of office

6The Commissioner holds and vacates office in accordance with the terms of the Commissioner’s appointment.

Delegation of functions

7The Commissioner may authorise a member of staff working for the Commissioner to exercise any power or duty of the Commissioner on the Commissioner’s behalf.

Liability

8(1)This paragraph applies where a person has been seconded to serve as a member of the Commissioner’s staff.

(2)The Commissioner is liable in respect of unlawful conduct of the person in the carrying out, or purported carrying out, of their functions as a member of the Commissioner’s staff, in the same manner as an employer is liable in respect of unlawful conduct of an employee in the course of their employment.

(3)In sub-paragraph (1) the reference to secondment to serve as a member of the Commissioner’s staff is to serving as a member of the Commissioner’s staff without being employed by the Commissioner.

Commencement Information

I1Sch. 4 para. 1 not in force at Royal Assent, see s. 24(1)

I2Sch. 4 para. 1 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

Investigatory PowersU.K.

2(1)The Investigatory Powers Act 2016 is amended as follows.

(2)In section 58 (section 57: meaning of “excepted disclosure”), in subsection (4), after paragraph (c) insert—

(ca)a disclosure made to the Service Police Complaints Commissioner for the purposes of facilitating the carrying out of any of the Commissioner’s functions;.

(3)In section 106 (power to issue warrants to law enforcement officers), after subsection (11) insert—

(11A)A law enforcement chief who is the Service Police Complaints Commissioner may consider that the condition in subsection (1)(a) is satisfied only if the offence, or all of the offences, to which the serious crime relates are offences that are being investigated as part of an investigation carried out under regulations under section 340P of the Armed Forces Act 2006 (power to make further provision).

(4)In section 107 (restriction on issue of warrants to certain law enforcement officers), in subsection (2), after paragraph (h) insert—

(ha)the Service Police Complaints Commissioner;.

(5)In section 133 (section 132: meaning of “excepted disclosure”), in subsection (3), after paragraph (b) insert—

(ba)a disclosure made to the Service Police Complaints Commissioner for the purposes of facilitating the carrying out of any of the Commissioner’s functions;.

(6)In Part 1 of Schedule 4 (relevant public authorities and designated senior officers etc), after the entry relating to the Independent Office for Police Conduct, insert—

Service Police Complaints Commissioner60A(7)(b) and (g)Senior investigating officerAll61A(7)(a) and (e).

(7)In Part 2 of Schedule 6 (issue of warrants under section 106 etc), after the entry relating to the Director General of the Independent Office for Police Conduct, insert—

The Service Police Complaints Commissioner.A member of the Service Police Complaints Commissioner’s staff who is designated by the Commissioner for the purpose.An investigating officer appointed under section 365BB.

Commencement Information

I3Sch. 4 para. 2 not in force at Royal Assent, see s. 24(1)

I4Sch. 4 para. 2 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

Other amendmentsU.K.

3In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place insert—

  • Service Police Complaints Commissioner.

Commencement Information

I5Sch. 4 para. 3 not in force at Royal Assent, see s. 24(1)

I6Sch. 4 para. 3 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

4In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert—

  • Service Police Complaints Commissioner.

Commencement Information

I7Sch. 4 para. 4 not in force at Royal Assent, see s. 24(1)

I8Sch. 4 para. 4 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

5In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert—

  • Service Police Complaints Commissioner.

Commencement Information

I9Sch. 4 para. 5 not in force at Royal Assent, see s. 24(1)

I10Sch. 4 para. 5 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

6In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), at the appropriate place insert—

  • Service Police Complaints Commissioner.

Commencement Information

I11Sch. 4 para. 6 not in force at Royal Assent, see s. 24(1)

I12Sch. 4 para. 6 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

7In section 47 of the Coroners and Justice Act 2009 (interested person)—

(a)in subsection (2), after paragraph (k) insert—

(ka)where subsection (5A) applies, the Service Police Complaints Commissioner;;

(b)after subsection (5) insert—

(5A)This subsection applies where the death of the deceased is or has been the subject of an investigation directed or carried out by the Service Police Complaints Commissioner in accordance with provision made under section 340P of the Armed Forces Act 2006.

Commencement Information

I13Sch. 4 para. 7 not in force at Royal Assent, see s. 24(1)

I14Sch. 4 para. 7 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

8In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities, general), under the heading “Armed forces”, at the appropriate place insert—

  • Service Police Complaints Commissioner.

Commencement Information

I15Sch. 4 para. 8 not in force at Royal Assent, see s. 24(1)

I16Sch. 4 para. 8 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

9In Schedule 7 to the Data Protection Act 2018 (competent authorities), after paragraph 18 insert—

18AThe Service Police Complaints Commissioner.

Commencement Information

I17Sch. 4 para. 9 not in force at Royal Assent, see s. 24(1)

I18Sch. 4 para. 9 in force at 1.11.2022 for specified purposes by S.I. 2022/1095, reg. 3

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