Anti-social Behaviour, Crime and Policing Act 2014

PART 3 U.K. Amendments relating to Part 11

House of Commons Disqualification Act 1975 (c. 24) U.K.

83 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975. (bodies of which all members are disqualified) at the appropriate place there is inserted— “ The Police Remuneration Review Body. ”

Commencement Information

I1 Sch. 11 para. 83 in force at 1.9.2014 by S.I. 2014/2125, art. 2(f)(i)

Police Pensions Act 1976 (c. 35) U.K.

84 U.K. In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), for paragraph (f) of subsection (2) there is substituted—

“(f) a person to whom section 100A of the Police Act 1996 applies (senior police officer appointed as member of staff of College of Policing);”.

Commencement Information

I2 Sch. 11 para. 84 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(c)

85 (1) Section 11 of that Act (interpretation) is amended as follows. U.K.

(2) For paragraph (e) of subsection (1) there is substituted—

“(e) service, by a person to whom section 100A of the Police Act 1996 applies, as a member of the staff of the College of Policing;”.

(3) In subsection (2A)(i) the words “the body known as” are omitted.

(4) In subsection (8A), for “the Chief Executive of the body known as” there is substituted “ a member of the staff of ”.

Commencement Information

I3 Sch. 11 para. 85 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(d)

Police and Criminal Evidence Act 1984 (c. 60) U.K.

86 (1) Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police station) is amended as follows. U.K.

(2) In paragraph 1 (fingerprinting: persons arrested and released)—

(a) in sub-paragraph (2), for “section 61(5A)(b)” there is substituted “ section 61(5A)(b)(i) ”;

(b) after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

(3) In paragraph 2 (fingerprinting: persons charged etc)—

(a) in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted “ section 61(5B)(b)(i) ”;

(b) at the end of sub-paragraph (2) there is inserted “, or

(c) in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.”

(4) In paragraph 9 (non-intimate samples: persons arrested and released)—

(a) in sub-paragraph (2), for “within section 63(3ZA)(b)” there is substituted “ within section 63(3ZA)(b)(i) or (ii) ”;

(b) after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

(5) In paragraph 10 (non-intimate samples: persons charged etc)—

(a) in sub-paragraph (3), for “within section 63(3A)(b)” there is substituted “ within section 63(3A)(b)(i) or (ii) ”;

(b) after sub-paragraph (4) there is inserted—

“(5) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

Commencement Information

I4 Sch. 11 para. 86 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(e)

Police Act 1996 (c. 16) U.K.

87 U.K. In section 36 of the Police Act 1996 (general duty of Secretary of State), in subsection (2)(c), the words “(other than sections 61 and 62)” are omitted.

Commencement Information

I5 Sch. 11 para. 87 in force at 1.9.2014 by S.I. 2014/2125, art. 2(f)(ii)

88 U.K. In section 97 of that Act (police officers engaged on service outside their force), in subsection (1)(i) the words “the body known as” are omitted.

Commencement Information

I6 Sch. 11 para. 88 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(f)

89 U.K. In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62” there is substituted “ Part 3A ”.

Commencement Information

I7 Sch. 11 para. 89 in force at 1.9.2014 by S.I. 2014/2125, art. 2(f)(iii)

Prospective

Police Act 1997 (c. 50) U.K.

90 U.K. In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions extending to England and Wales only), after “sections” in paragraph (e) there is inserted “ 125(1A), ”.

Police (Northern Ireland) Act 2000 (c. 32) U.K.

91 U.K. In section 49 of the Police (Northern Ireland) Act 2000 (severance arrangements), for subsection (4) there is substituted—

“(4) Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association before making regulations) shall not apply in relation to regulations made by virtue of this section.”

Commencement Information

I8 Sch. 11 para. 91 in force at 1.9.2014 by S.I. 2014/2125, art. 2(f)(iv)

Freedom of Information Act 2000 (c. 36) U.K.

92 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), the following entries are inserted at the appropriate places— “ The College of Policing. ” “ The Police Remuneration Review Body. ”

Commencement Information

I9 Sch. 11 para. 92 in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 23(g)

I10 Sch. 11 para. 92 in force at 1.9.2014 in so far as not already in force by S.I. 2014/2125, art. 2(f)(v)

Police Reform Act 2002 (c. 30) U.K.

93 (1) Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended as follows. U.K.

(2) In subsection (1), in the definition of “serving with the police”, for “12(7)” there is substituted “ 12(7) to (10) ”.

(3) In subsection (1A), for “12(7)” there is substituted “ 12(7) to (10) ”.

Commencement Information

I11 Sch. 11 para. 93 in force at 1.10.2014 by S.I. 2014/2454, art. 3(c)(i)

94 U.K. In section 39 (police powers for contracted-out staff), subsections (9) to (11) are repealed.

Commencement Information

I12 Sch. 11 para. 94 in force at 8.4.2015 by S.I. 2015/373, art. 5(d)(i) (with arts. 6, 7)

95 (1) Schedule 3 to that Act (handling of complaints and conduct matters etc) is amended as follows. U.K.

[F1 (2) In paragraph 19, after paragraph (a) of sub-paragraph (7) there is inserted—

“(aa) a body required by section 26BA to enter into an agreement with the Commission, or”.]

[F1 (3) In paragraph 20A(4), at the end there is inserted “, but this is subject to paragraph 19ZD (restriction on disclosure of sensitive information)”.]

[F1 (4) In paragraph 20C(4)—

(a) the words from the beginning to “sub-paragraph (3),” are omitted;

(b) at the end there is inserted “, except so far as—

(a) regulations made by virtue of sub-paragraph (3) provide otherwise, or

(b) the Commission is prevented from doing so by paragraph 19ZD (restriction on disclosure of sensitive information).”]

[F1 (5) In paragraph 20H(5)—

(a) the words from the beginning to “sub-paragraph (4),” are omitted;

(b) at the end there is inserted “, except so far as—

“(a) regulations made by virtue of sub-paragraph (4) provide otherwise, or

(b) the Commission is prevented from doing so by paragraph 19ZD (restriction on disclosure of sensitive information).”]

[F2 (6) In paragraph 23(12)—

(a) the words from the beginning to “sub-paragraph (11),” are omitted;

(b) at the end there is inserted “, except so far as—

(a) regulations made by virtue of sub-paragraph (11) provide otherwise, or

(b) the Commission is prevented from doing so by paragraph 19ZD (restriction on disclosure of sensitive information).”]

(7) In paragraph 24A(3), after “a report” there is inserted “ to the Commission ”.

(8) In paragraph 24C—

(a) in sub-paragraph (1), for “If” there is substituted “ This paragraph applies where ”;

(b) the words in that sub-paragraph from “it shall make” to the end are omitted;

(c) sub-paragraph (2) is repealed.

(9) In paragraph 27—

(a) in the heading, after “disciplinary proceedings” there is inserted “ etc ”;

(b) in sub-paragraph (7), after “disciplinary” there is inserted “ or other ”;

(c) in sub-paragraph (9)(a), after “sub-paragraph (1)(b)” there is inserted “ or (c) ”.

Textual Amendments

F1 Sch. 11 para. 95(2)-(5) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 54; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F2 Sch. 11 para. 95(6) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 15(11)(b), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))

Commencement Information

I13 Sch. 11 para. 95(1) in force at 1.10.2014 for specified purposes by S.I. 2014/2454, art. 3(c)(ii)

I14 Sch. 11 para. 95(1) in force at 8.4.2015 in so far as not already in force by S.I. 2015/373, art. 5(d)(ii)

I15 Sch. 11 para. 95(2)(7)(8)(9) in force at 1.10.2014 by S.I. 2014/2454, art. 3(c)(iii)

I16 Sch. 11 para. 95(3)-(6) in force at 8.4.2015 by S.I. 2015/373, art. 5(d)(ii)

Equality Act 2010 (c. 15) U.K.

96 U.K. In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), at the appropriate place under the heading “Police” there is inserted— “ The College of Policing. ”

Commencement Information

I17 Sch. 11 para. 96 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(h)

Police Reform and Social Responsibility Act 2011 (c. 13) U.K.

97 U.K. In section 7 of the Police Reform and Social Responsibility Act 2011 (police and crime plans), for paragraph (f) of subsection (1) there is substituted—

“(ea) the services which are to be provided by virtue of section 143 of the Anti-social Behaviour, Crime and Policing Act 2014;

(f) any grants which the elected local policing body is to make under that section, and the conditions (if any) subject to which any such grants are to be made.”

Commencement Information

I18 Sch. 11 para. 97 in force at 20.3.2014 by S.I. 2014/630, art. 3(c)

98 U.K. Section 9 of that Act (crime and disorder reduction grants) is repealed.

Commencement Information

I19 Sch. 11 para. 98 in force at 20.3.2014 by S.I. 2014/630, art. 3(c)

99 U.K. In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.

Commencement Information

I20 Sch. 11 para. 99 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(i)

100 U.K. In Schedule 4 to that Act (Commissioner of Police of the Metropolis), paragraph 4(3) is repealed.

Commencement Information

I21 Sch. 11 para. 100 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 23(j)

Prospective

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) U.K.

101 U.K. In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (pensions: special constables and police cadets), in paragraph (2), for “the Police Negotiating Board for the United Kingdom” there is substituted “ the Police Negotiating Board for Scotland ”.

Repeal or revocation of spent provisions etc U.K.

102 U.K. The following provisions are repealed or revoked—

Title and reference	Extent of repeal or revocation
Police Act 1996 (c. 16)	In Schedule 7, paragraph 28.
Police (Northern Ireland) Act 1998 (c. 32)	Section 34.
Greater London Authority Act 1999 (c. 29)	In Schedule 27, paragraph 92(2).
Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319)	In the Schedule, the entry for the Police Negotiating Board for the United Kingdom.
Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747)	In Schedule 1, the entry for the Police Negotiating Board for the United Kingdom.
	Schedule 21.
Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820)	In Schedule 2, paragraph 124.
Police (Northern Ireland) Act 2000 (c. 32)	In Schedule 6, paragraph 12(2).
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the entry for the Police Negotiating Board.
Police Reform Act 2002 (c. 30)	In Schedule 4, in paragraph 1(2), the word “and” at the end of paragraph (ca).
Police and Justice Act 2006 (c. 48)	In Schedule 4, paragraphs 3 and 10.
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)	In Schedule 6, paragraph 5(3) and (4).
Policing and Crime Act 2009 (c. 26)	Section 12(3).
Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976)	In Schedule 3, paragraphs 5 to 7.
Police Reform and Social Responsibility Act 2011 (c. 13)	Section 24(2)(a).
	In Schedule 16, paragraphs 30(3), 35(3) and 38.
Police and Fire Reform (Scotland) Act 2012 (asp 8)	In Schedule 7, paragraph 13(4).
Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)	In Schedule 1, paragraph 5(4) to (6).

Commencement Information

I22 Sch. 11 para. 102 in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 23(k)(i)

I23 Sch. 11 para. 102 in force at 1.9.2014 for specified purposes for E.W.N.I. by S.I. 2014/2125, art. 4(d)

I24 Sch. 11 para. 102 in force at 1.9.2014 for specified purposes for E.W. by S.I. 2014/2125, art. 3(c)

I25 Sch. 11 para. 102 in force at 1.9.2014 for specified purposes by S.I. 2014/2125, art. 2(f)(vi)