Policing and Crime Act 2017

30 Police barred list and police advisory list

(1) After Part 4 of the Police Act 1996, insert the Part set out in Schedule 8 to this Act.

(2) In consequence of the new Part 4A of the Police Act 1996 (as inserted by Schedule 8), the Police Reform and Social Responsibility Act 2011 is amended as follows.

(3) In section 42 (appointment of Commissioner of Police of the Metropolis), after subsection (3A) insert—

“(3AA) But a person who would be eligible for appointment by virtue of subsection (3A) is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.”

(4) In section 43 (Deputy Commissioner of Police of the Metropolis), after subsection (3) insert—

“(3A) The Secretary of State may not recommend to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis unless that person is eligible for appointment.

(3B) A person is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.”

(5) In Part 1 of Schedule 8 (appointment of Chief Constables), in paragraph 1—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) The police and crime commissioner also has duties under section 88C of the Police Act 1996 (effect of inclusion in police barred list) in relation to the appointment of a chief constable.”

(6) The Secretary of State may by regulations made by statutory instrument make provision that—

(a) corresponds or is similar to that made by or under Part 4A of the Police Act 1996 (as inserted by Schedule 8), and

(b) relates to a person who is, or has been, employed or appointed by a person with functions of a public nature exercisable in, or in relation to, England and Wales that relate to policing or law enforcement (other than a chief officer of police or a local policing body, within the meaning of the Police Act 1996).

(7) A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.