Police Act 1996

[F1 88F Removal from police barred list U.K.

(1) This section applies where a relevant authority reports a person to the College of Policing under section 88A and—

(a) in relation to a person reported by virtue of section 88A(1)(a), the person is reinstated as a member of a police force or a special constable (as the case may be) at proceedings conducted under rules made under section 85;

(b) in relation to a person reported by virtue of section 88A(1)(b), the finding that the person would have been dismissed is set aside at proceedings conducted under rules made under section 85;

(c) in relation to a person reported by virtue of section 88A(1)(c), the dismissal is found to have been an unfair dismissal—

(i) following a complaint under section 111 of the Employment Rights Act 1996, and

(ii) whether by an employment tribunal or on appeal;

(d) in relation to a person reported by virtue of section 88A(1)(d), the finding that the person would have been dismissed is set aside at proceedings that are identified as appeal proceedings by regulations made by the Secretary of State.

(2) Where this section applies, the relevant authority must make a further report to the College of Policing in relation to the person.

(3) A report under subsection (2)—

(a) must be made within such period as is specified in regulations made by the Secretary of State;

(b) must include such information as is so specified.

(4) On receipt of a report under subsection (2) in relation to a person the College of Policing must remove the person from the police barred list.

(5) The Secretary of State may by regulations make provision in connection with the removal of a person from the police barred list otherwise than under subsection (4).

(6) Regulations under subsection (5) may confer functions on the College of Policing including functions which involve the exercise of a discretion.

(7) “Relevant authority” has the same meaning in this section as it has in section 88A.

(8) Regulations under this section may make different provision for different cases and circumstances.

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Pt. 4A inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 8; S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)