Police Reform Act 2002
2002 c. 30
An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes.
Act applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 12
Part 1Powers of the Secretary of State
1 National Policing Plan
After section 36 of the 1996 Act there shall be inserted—
36A National Policing Plan
1
It shall be the duty of the Secretary of State, before the beginning of each financial year, to prepare a National Policing Plan for that year.
2
The Secretary of State shall lay the National Policing Plan for a financial year before Parliament.
3
Subject to subsection (4), any such plan must be laid before Parliament not later than 30th November in the preceding financial year.
4
If there are exceptional circumstances, any such plan may be laid before Parliament after the date mentioned in subsection (3); but it must be so laid before the beginning of the financial year to which it relates.
5
If a plan is laid before Parliament after the date mentioned in subsection (3), the plan must contain a statement of the exceptional circumstances that gave rise to its being so laid.
6
The National Policing Plan for a financial year—
a
must set out whatever the Secretary of State considers to be the strategic policing priorities generally for the police forces maintained for police areas in England and Wales for the period of three years beginning with that year;
b
must describe what, in relation to that period, the Secretary of State is intending or proposing so far as each of the following is concerned—
i
the setting of objectives under section 37 and the giving of general directions in relation to any objective so set;
ii
the specification, under section 4 of the Local Government Act 1999 (c. 27) (performance indicators), of performance indicators (within the meaning of that section) for police authorities;
iii
the making of regulations under the powers conferred by this Act, by Part 4 of the Criminal Justice and Police Act 2001 (c. 16) (police training) and by Part 2 of the Police Reform Act 2002 (c. 30) (complaints etc.);
iv
the issuing of guidance under any provision of this Act or of Part 2 of the Police Reform Act 2002 (c. 30); and
v
the issuing and revision of codes of practice under this Act and under Chapter 1 of Part 4 of the Police Reform Act 2002 (powers exercisable by civilians);
c
may contain such other information, plans and advice as the Secretary of State considers relevant to the priorities set out in the plan.
7
Before laying the National Policing Plan for a financial year before Parliament, the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
8
In this section—
“financial year” means the period of twelve months ending with 31st March; and
“general direction” means a direction under section 38 establishing performance targets for all police authorities to which section 37 applies.
2 Codes of practice for chief officers
After section 39 of the 1996 Act (codes of practice for police authorities) there shall be inserted—
39A Codes of practice for chief officers
1
If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces.
2
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
3
Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement.
4
Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority shall consult with—
a
persons whom it considers to represent the interests of police authorities;
b
persons whom it considers to represent the interests of chief officers of police; and
c
such other persons as it thinks fit.
5
The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament.
6
The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
a
would be against the interests of national security;
b
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
c
could jeopardise the safety of any person.
7
In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.
3 Powers to require inspection and report
1
In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), after subsection (2A) there shall be inserted—
2B
The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of—
a
a police force maintained for any police area;
b
the National Criminal Intelligence Service; or
c
the National Crime Squad;
and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force, Service or Squad in question, to particular matters or to particular activities of that force, Service or Squad.
2C
Where the inspectors carry out an inspection under subsection (2B), they shall send a report on that inspection to the Secretary of State.
and in section 55(1) of that Act (publication of reports) for “or (2A)” there shall be substituted “
, (2A) or (2C)
”
.
2
In section 41 of the Police (Northern Ireland) Act 1998 (c. 32) (appointment and functions of inspectors), after subsection (3) there shall be inserted—
3A
The Secretary of State may at any time require the inspectors to carry out an inspection under this section of—
a
the Police Service of Northern Ireland; or
b
the National Criminal Intelligence Service;
and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the Service in question, to particular matters or to particular activities of that Service.
3B
Where the inspectors carry out an inspection under subsection (3A), they shall send a report on that inspection to the Secretary of State.
and in section 42(1) of that Act (publication of reports) for “or (3)” there shall be substituted “
, (3) or (3B)
”
.
4 Directions to police authorities
For section 40 of the 1996 Act (power to give directions in response to report on an inspection of a police force carried out for the purposes of that section) there shall be substituted—
40 Power to give directions to a police authority
1
Where a report made to the Secretary of State on an inspection under section 54 states, in relation to any police force maintained under section 2, or in relation to the metropolitan police force—
a
that, in the opinion of the person making the report, the whole or any part of the force inspected is, whether generally or in particular respects, not efficient or not effective, or
b
that, in that person’s opinion, the whole or a part of the force will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,
the Secretary of State may direct the police authority responsible for maintaining that force to take such remedial measures as may be specified in the direction.
2
Those remedial measures must not relate to any matter other than—
a
a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or
b
a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).
3
If the Secretary of State exercises his power to give a direction under this section in relation to a police force—
a
he shall prepare a report on his exercise of that power in relation to that force; and
b
he shall lay that report before Parliament.
4
A report under subsection (3)—
a
shall be prepared at such time as the Secretary of State considers appropriate; and
b
may relate to more than one exercise of the power mentioned in that subsection.
5
The Secretary of State shall not give a direction under this section in relation to any police force unless—
a
the police authority maintaining that force and the chief officer of that force have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
that police authority and chief officer have each been given an opportunity of making representations about those grounds;
c
that police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
6
The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction under this section.
7
Before making any regulations under this section, the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
8
Regulations under this section may make different provision for different cases and circumstances.
9
A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
5 Directions as to action plans
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Regulation of equipment
For subsections (2) and (3) of section 53 of the 1996 Act (regulations as to standard of equipment), there shall be substituted—
1A
The Secretary of State may by regulations make any or all of the following provisions—
a
provision requiring all police forces in England and Wales, when using equipment for the purposes specified in the regulations to use only—
i
the equipment which is specified in the regulations;
ii
equipment which is of a description so specified; or
iii
equipment which is of a type approved by the Secretary of State in accordance with the regulations;
b
provision requiring all police forces in England and Wales to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;
c
provision prohibiting all police forces in England and Wales from using equipment of a type approved as mentioned in paragraph (a)(iii) except—
i
where the conditions subject to which the approval was given are satisfied; and
ii
in accordance with the other terms of that approval;
d
provision requiring equipment used by police forces in England and Wales to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;
e
provision prohibiting all police forces in England and Wales from using equipment specified in the regulations, or any equipment of a description so specified.
1B
The Secretary of State shall not make any regulations under subsection (1A) unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales.
2
Before making any regulations under this section, the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
2A
Regulations under this section may make different provision for different cases and circumstances.
2B
A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2C
In this section “equipment” includes—
a
vehicles; and
b
headgear and protective and other clothing.
7 Regulation of procedures and practices
After section 53 of the 1996 Act there shall be inserted—
53A Regulation of procedures and practices
1
The Secretary of State may by regulations make provision requiring all police forces in England and Wales—
a
to adopt particular procedures or practices; or
b
to adopt procedures or practices of a particular description.
2
Before making any regulations under this section, the Secretary of State shall seek advice from—
a
the chief inspector of constabulary; and
b
the Central Police Training and Development Authority.
3
Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with—
a
persons whom he considers to represent the interests of police authorities; and
b
persons whom he considers to represent the interests of chief officers of police.
4
A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.
5
Before giving any advice in response to a request for the purposes of subsection (2), the Central Police Training and Development Authority shall consult with—
a
persons whom it considers to represent the interests of police authorities;
b
persons whom it considers to represent the interests of chief officers of police; and
c
such other persons as it thinks fit.
6
The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—
a
he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice;
b
the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and
c
the Secretary of State himself is satisfied as to those matters.
7
Those matters are—
a
that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations;
b
that the making of regulations is necessary for securing the adoption of that procedure or practice; and
c
that securing the adoption of that procedure or practice is in the national interest.
8
Regulations under this section may make different provision for different cases and circumstances.
9
A statutory instrument containing the first regulations to be made under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
10
A statutory instrument containing any other regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8 Equivalent provision for NCIS and NCS
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C83C89C88C90C97C105C98C106C111C112C108C110C109C117C38C39C40C41C42Part 2Complaints and Misconduct
Pt. 2 power to apply amend or modify conferred (31.10.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 7 para. 7(1); S.I. 2011/2515, art. 2(d)
Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))
Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27
Pt. 2 applied (with modifications) (9.8.2013) by The Police (Complaints and Misconduct)(Old Cases) Regulations 2013 (S.I. 2013/1778), regs. 1(1), 2
Pt. 2 modified (8.4.2015) by The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015 (S.I. 2015/431), regs. 1, 4, Sch.
Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by 2009 c. 20, s. 107EE(4) (as inserted by Policing and Crime Act 2017 (c. 3), ss. 8(2), 183(1)(5)(e); S.I. 2017/726, reg. 2(a))
Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by 2004 c. 21, s. 4K(2)(4) (as inserted by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38)
Pt. 2 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))
Pt. 2 applied (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(3)
Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 52
Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(1), Sch. 2
Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(1)(2)
Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(2)
Pt. 2: power to amend conferred (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 38, 255(2)(c) (with s. 247)
Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30
Pt. 2 (ss. 9-29) applied (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), reg. 28
Pt. 2 (ss. 9-29) excluded (1.4.2004) by The Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671), arts. 2(2), 3
Pt. 2 (ss. 9-29) excluded (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), regs. 3(7), 8, 9
Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2
F577The Independent Office for Police Conduct
S. 9 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 16; S.I. 2017/1249, reg. 2 (with reg. 3)
I1C1C2C3C4C91C999C105C98F552The Independent Office for Police Conduct
F5531
The body corporate previously known as the Independent Police Complaints Commission—
a
is to continue to exist, and
b
is to be known instead as the Independent Office for Police Conduct.
F7952
The Office is to consist of—
a
a Director General appointed by Her Majesty, and
b
at least six other members.
2A
The other members must consist of—
a
persons appointed as non-executive members (see paragraph 1A of Schedule 2), and
b
persons appointed as employee members (see paragraph 1B of that Schedule),
but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.
3
a
he holds or has held office as a constable in any part of the United Kingdom;
b
he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;
c
he is a person in relation to whom a designation under section 39 is or has been in force;
d
he is a person in relation to whom an accreditation under section 41 F3or 41A is or has been in force;
F4da
he F435... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;
F5db
he F436... has been—
i
the chairman or chief executive of, or
ii
another member of, or
iii
another member of the staff of,
the National Policing Improvement Agency;
F434dc
the person is, or has been, a National Crime Agency officer;
e
he F6. . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or
f
he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—
i
section 26 of this Act; or
ii
section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).
4
An appointment made in contravention of subsection (3) shall have no effect.
5
F554Neither the Office nor the Director General shall—
a
be regarded as the servant or agent of the Crown; or
b
enjoy any status, privilege or immunity of the Crown;
and the F555Office's property shall not be regarded as property of, or property held on behalf of, the Crown.
6
Schedule 2 (which makes further provision in relation to the F556Office) shall have effect.
7
The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.
C510C105C98C111C112C108C110C109 General functions of the F557Director General
1
The functions of the F557Director General shall be—
a
b
to keep under review all arrangements maintained with respect to those matters;
c
to secure that arrangements maintained with respect to those matters comply with the requirements of the following provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;
d
to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;
e
to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, and also of police practice in relation to other matters, as appear, from the carrying out by the F557Director General of F579the Director General's other functions, to be necessary or desirable; F7. . .
f
to such extent as F580the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F8. . . bodies of constables maintained otherwise than by F258local policing bodies which broadly correspond to those conferred on the F557Director General in relation to police forces by the preceding paragraphs of this subsectionF9; F10. . .
g
F490ga
to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers))F1059; and
gb
to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of—
i
section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or
ii
section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).
F423h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Those matters are—
a
b
the recording of matters from which it appears that there may have been conduct by F499persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;
F12ba
the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;
3
The F557Director General shall also have the functions which are conferred on F581the Director General by—
a
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any agreement or order under section 26 of this Act (other bodies of constables);
F422bc
any regulations under section 26C of this Act (the National Crime Agency);
F491bd
any regulations under section 26D of this Act (labour abuse prevention officers);
c
any regulations under section 39 of this Act (police powers for contracted-out staff); or
F8233A
F4953B
4
It shall be the duty of the F557Director General—
a
to exercise the powers and perform the duties conferred on F584the Director General by the following provisions of this Part in the manner that F584the Director General considers best calculated for the purpose of securing the proper carrying out of F585the Director General's functions under subsections (1) and (3); and
b
to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the F557Director General has functions.
5
It shall also be the duty of the F557Director General—
a
to enter into arrangements with the chief inspector of constabulary for the purpose of securing co-operation, in the carrying out of their respective functions, between the F557Director General and the inspectors of constabulary; and
b
to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the F557Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.
F5585A
In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).
6
C847
The F559Office may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—
b
F3758
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4249
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10AC98F550General functions of the Office
1
The functions of the Office are—
a
to secure that the Office has in place appropriate arrangements for good governance and financial management,
b
to determine and promote the strategic aims and values of the Office,
c
to provide support and advice to the Director General in the carrying out of the Director General's functions, and
d
to monitor and review the carrying out of such functions.
2
The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).
3
The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).
4
In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.
5
The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.
10BC98Efficiency etc in exercise of functions
The Director General and the Office must carry out their functions efficiently and effectively.
10CC98Strategy for exercise of functions
1
The Director General and the Office must jointly—
a
prepare a strategy for the carrying out of their functions, and
b
review the strategy (and revise it as appropriate) at least once every 12 months.
2
The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.
3
The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office.
4
The Director General and the Office must each give effect to the strategy in carrying out their functions.
5
The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect).
6
In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.
10DC98Code of practice
1
The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.
2
In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions.
3
The code must include provision as to the following—
a
how the strategy required by section 10C is to be prepared, reviewed and revised;
b
the matters to be covered by the strategy and the periods to be covered by it from time to time;
c
how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office;
d
the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General;
e
the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so;
f
how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2).
4
The Code may include whatever other provision the Director General and the Office think appropriate.
5
The Director General and the Office must jointly review the code regularly and revise it as appropriate.
6
The Director General and the Office must each comply with the code.
7
The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).
C611C105C98 Reports to the Secretary of State
1
F5932
The Secretary of State may also require reports to be made (at any time)—
a
by the Director General about the carrying out of the Director General's functions,
b
by the Office about the carrying out of the Office's functions, or
c
jointly by the Director General and the Office about the carrying out of their functions.
F5942A
The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which—
a
have come to the Director General's notice, and
b
are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.
3
The F595Office may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—
a
have come to the F596Office's notice; and
b
are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.
F5973A
The Director General and the Office may jointly make reports under subsections (2A) and (3).
4
The F598Director General shall prepare such reports containing advice and recommendations as F599the Director General thinks appropriate for the purpose of carrying out—
a
F600the Director General's function under subsection (1)(e) of section 10; or
b
any corresponding function conferred on F599the Director General by virtue of subsection (1)(f) of that section.
5
Where the Secretary of State receives any report under this section, he shall—
a
in the case of every annual report under subsection (1), and
b
in the case of any other report, if and to the extent that he considers it appropriate to do so,
lay a copy of the report before Parliament and cause the report to be published.
6
The F601Office shall send a copy of every annual report under subsection (1)—
a
to every F261local policing body;
F429b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F463c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
to every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that sectionF20; and
F426e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F432f
to the National Crime Agency.
F6026A
The Director General must send a copy of every report under subsection (2A) —
a
to any local policing body that appears to the Director General to be concerned, and
b
to the chief officer of police of any police force that appears to the Director General to be concerned.
7
The F603Office shall send a copy of every report under subsection (3)—
b
to the chief officer of police of any police force that appears to it to be concerned.
F218
9
Where a report under subsection F606(2A) or (3) relates to a body of constables maintained by an authority other than a F263local policing body, the F607Director General or the Office (as the case may be) shall send a copy of that report—
a
to that authority; and
b
to the person having the direction and control of that body of constables.
F4279A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
The F608Director General shall send a copy of every report under subsection (4)to—
a
the Secretary of State;
b
every F264local policing body;
c
every chief officer;
F425d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F464e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; F19. . .
i
the National Crime Agency.
11
The F609Director General shall send a copy of every report made or prepared by F610the Director General under subsection F611(2A) or (4) to such of the persons (in addition to those specified in the preceding subsections) who—
a
are referred to in the report, or
b
appear to the F609Director General otherwise to have a particular interest in its contents,
as the F609Director General thinks fit.
F61212
The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—
a
are referred to in the report, or
b
appear to the Office otherwise to have a particular interest in its contents,
as the Office thinks fit.
13
Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.
Application of Part 2
C712C106C111C112C108C110C109 Complaints, matters and persons to which Part 2 applies
F8381
In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public.
1A
But an expression of dissatisfaction is a complaint for the purposes of this Part—
a
where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B);
b
in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed.
1B
In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is—
a
a person who claims to be the person in relation to whom the conduct took place;
b
a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or
c
a person who claims to have witnessed the conduct.
2
In this Part “conduct matter” means (subject to the following provisions of this section, F403section 28A and any regulations made under it,F376... and any regulations made by virtue of section 23(2)(d)) any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—
a
committed a criminal offence; or
b
behaved in a manner which would justify the bringing of disciplinary proceedings.
F232A
In this Part “death or serious injury matter” (or “DSI matter” for short) means F402(subject to section 28A and any regulations made under it) any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)—
a
in or in consequence of which a person has died or has sustained serious injury; and
b
in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.
2B
The requirements of this subsection are that at the time of the death or serious injury the person—
a
had been arrested by a person serving with the police and had not been released from that arrest; or
b
was otherwise detained in the custody of a person serving with the police.
2C
The requirements of this subsection are that—
a
at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and
b
there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.
2D
In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “contact” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties.
3
The complaints that are complaints for the purposes of this Part by virtue of F853subsection (1B)(b) do not, except in a case falling within subsection (4), include any F854where the person in question claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct.
4
A case falls within this subsection if—
a
it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that he was able to see or hear the conduct or its effects; or
b
the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect.
F8554A
In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.
5
For the purposes of this section a person shall be taken to have witnessed conduct if, and only if—
a
he acquired his knowledge of that conduct in a manner which would make him a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or
b
he has in his possession or under his control anything which would in any such proceedings constitute admissible evidence of that conduct.
6
F856For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless—
a
that other person is for the time being designated for the purposes of this Part by the F613Director General as a person through whom complaints may be made, or he is of a description of persons so designated; or
b
the other person has been given, and is able to produce, the written consent to his so acting of the person on whose behalf he acts.
7
For the purposes of this Part, a person is serving with the police if—
a
he is a member of a police force;
F265aa
he is a civilian employee of a police force;
b
c
he is a special constable who is under the direction and control of a chief officerF549; or
d
he is a person designated as a community support volunteer or a policing support volunteer under section 38.
F4878
The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part—
a
a contractor,
b
a sub-contractor of a contractor, or
c
an employee of a contractor or a sub-contractor,
is to be treated as a person serving with the police.
F4879
Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons.
F48710
In subsection (8) “contractor” means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.
Handling of complaints F26, conduct matters and DSI mattersetc.
Words in s. 13 cross-heading substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 4(a); S.I. 2005/1521, art. 3(1)(w)
I2C813C89C88 Handling of complaintsF24, conduct matters and DSI mattersetc.
C111C112C108C110C10913AC111C112C108C110C109F852Local policing bodies: functions in relation to complaints
1
The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).
2
The provisions specified in this subsection are—
a
paragraph 2(6) to (6D) of Schedule 3, and
b
paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.
3
The provisions specified in this subsection are—
a
section 20, and
b
section 21 in so far as that section relates to complaints.
4
In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—
a
the functions of the chief officer to which the notice relates become functions of the local policing body,
b
references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and
c
for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.
5
Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).
6
The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.
7
Regulations under subsection (6) may (amongst other things) make provision about—
a
the steps that a local policing body must take before giving a notice;
b
the circumstances in which a notice may be withdrawn.
C111C112C108C110C10913BC111C112C108C110C109F878Power of the F615Director General to require re-investigation
1
This section applies where—
a
b
a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the F614Director General has been submitted to F616the Director GeneralF617(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General) under paragraph 22(5) or 24A of Schedule 3.
2
3
Where the F614Director General makes a determination under subsection (2), F619the Director General must determine that the re-investigation is to take the form of an investigation by the F614Director General unless subsection (4) applies, in which case the F614Director General must determine that the re-investigation is to take the form described in that subsection.
4
5
Where—
a
b
at any time after that the F614Director General determines that subsection (4) applies in relation to the re-investigation,
6
Where the F614Director General determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the F614Director General, the F614Director General must keep under review whether subsection (4) continues to apply in relation to the re-investigation.
7
If, on such a review, the F614Director General Director General determines that subsection (4) no longer applies in relation to a re-investigation, the F614Director General must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the F614Director General.
8
Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph.
9
The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15.
10
11
The F614Director General shall also notify the following of any determination that F622the Director General makes under this section and of F623the Director General's reasons for making the determination—
a
every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21;
b
where the determination is made in relation to a complaint, the complainant;
c
the person to whose conduct the re-investigation will relate.
12
The duty imposed by subsection (11) on the F614Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
13
Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.
14
In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.
15
The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.
F37114 Direction and control matters
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Co-operation, assistance and information
C915C89C88C111C112C108C110C109 General duties of F267local policing bodies, chief officers and inspectors
1
It shall be the duty of—
a
every F270local policing body maintaining a police force,
b
the chief officer of police of every police force, and
c
every inspector of constabulary carrying out any of his functions in relation to a police force,
to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).
F271A
It shall be the duty of the F440National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).
F4371B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Those matters are—
a
matters with respect to which any provision of this Part has effect;
b
anything which is done under or for the purposes of any such provision; and
c
any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.
F3722A
Subsection (2B) applies in a case where it appears to a local policing body that—
a
an obligation to act or refrain from acting has arisen by or under this Part,
b
that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and
c
the chief officer has not yet complied with that obligation, or has contravened it.
2B
The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.
2C
The chief officer must comply with any direction given under subsection (2B).
3
Where—
a
b
the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or
F28c
4
It shall be the duty of—
a
every F272local policing body maintaining a police force,
b
the chief officer of police of every police force, F30 and
to provide the F625Director General and every member of the F626Office's staff with all such assistance as the F625Director General or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the F625Director General under this Part F990or any review under paragraph 25 of Schedule 3.
5
It shall be the duty of—
a
every F273local policing body maintaining a police force,
b
the chief officer of every police force, F32and
to ensure that a person appointed under paragraph 16F1003... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require
6
The duties imposed by subsections (4) and (5) on a F269local policing body maintaining a police force and on the chief officer of such a force and on F34the F445National Crime Agency have effect—
a
b
c
in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control;
but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs F36. . . .
7
In subsection (6) “third force”, in relation to an investigation, means a police force other than—
a
the force to which the person carrying out the investigation belongs; or
b
the force to which the person whose conduct is under investigation belonged at the time of the conduct;
F388
Where the person who requires assistance and co-operation under subsection (5) is a F448National Crime Agency officer, a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.
F4388A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F398B
In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.
9
Where—
a
the person carrying out an investigation is not a F449National Crime Agency officer; and
b
the person whose conduct is under investigation was not a F450National Crime Agency officer at the time of the conduct,
F40the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.
F4110
In subsection (9) “the relevant directing officer”—
a
in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; F451...
F439b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1016C89C88C111C112C108C110C109 Payment for assistance with investigations
1
This section applies where—
a
one police force is required to provide assistance to another in connection with an investigation under this Part; or
2
For the purposes of this section—
a
assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with
F893ai
an investigation of a complaint where the complainant expressed dissatisfaction with the other force,
F42i
an investigation F894of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or
ii
an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and
b
assistance is required to be provided F996by a police force (“the assisting force”) to the F627Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with
F895ai
an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,
F43i
ii
an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that forceF998, or
iii
a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.
3
Where the assistance is required to be provided by one police force to another, the F276local policing body maintaining that other police force shall pay to the F276local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—
a
as may be agreed between them; or
b
in the absence of an agreement, as may be determined in accordance with any arrangements which—
i
have been agreed to by F277local policing bodies generally; and
ii
are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or
c
in the absence of any such arrangements, as may be determined by the Secretary of State.
4
Where the assistance is required to be provided by a police force to the F627Director General, F628Office shall pay to the F278local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—
b
in the absence of an agreement, as may be determined in accordance with any arrangements which—
ii
are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the F627Director General; or
c
in the absence of any such arrangements, as may be determined by the Secretary of State.
F445
In this section (subject to subsection (6))—
a
b
in relation to that Agency, references to the chief officer are references to the Director General F629of that Agency.
6
This section shall have effect in relation to cases in which assistance is required to be provided by the F452National Crime Agency as if—
a
the reference in subsection (3)(b) to F275local policing bodies generally included a reference to the Agency; and
b
the reference in subsection (4)(b) to F275local policing bodies generally were a reference to the Agency.
7
This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.
F45416AInvestigations: National Policing Improvement Agency involvement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3C1117C89C88 Provision of information to the F630Director General
1
It shall be the duty of—
a
every F281local policing body, and
b
every chief officer,
at such times, in such circumstances and in accordance with such other requirements as may be set out in regulations made by the Secretary of State, to provide the F630Director General with all such information and documents as may be specified or described in regulations so made.
2
It shall also be the duty of every F282local policing body and of every chief officer—
a
b
to produce or deliver up to the F630Director General all such evidence and other things so specified or described,
3
Anything falling to be provided, produced or delivered up by any person in pursuance of a requirement imposed under subsection (2) must be provided, produced or delivered up in such form, in such manner and within such period as may be specified in—
a
the notification imposing the requirement; or
b
in any subsequent notification given by the F630Director General to that person for the purposes of this subsection.
4
Nothing in this section shall require a F284local policing body or chief officer—
a
b
to provide, produce or deliver up anything at all in a case in which it never becomes practicable for F285that body or chief officer to do so.
5
A requirement imposed by any regulations or notification under this section may authorise or require information or documents to which it relates to be provided to the F630Director General electronically.
F4556
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1218C89C88C111C112C108C110C109 Inspections of police premises on behalf of the F633Director General
1
Where—
a
the F633Director General requires—
i
a F287local policing body maintaining any police force, or
ii
the chief officer of police of any such force,
to allow a person nominated for the purpose by the F633Director General to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and
b
the requirement is imposed for any of the purposes mentioned in subsection (2),
it shall be the duty of F286the body or, as the case may be, of the chief officer to secure that the required access is allowed to the nominated person.
2
Those purposes are—
a
b
3
A requirement imposed under this section for the purposes mentioned in subsection (2)(a) must be notified to F288the body or chief officer at least 48 hours before the time at which access is required.
4
Where—
a
a requirement imposed under this section for the purposes mentioned in subsection (2)(a) requires access to any premises, document or thing to be allowed to any person, but
b
there are reasonable grounds for not allowing that person to have the required access at the time at which he seeks to have it,
the obligation to secure that the required access is allowed shall have effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify.
5
The provisions of this section are in addition to, and without prejudice to—
a
the rights of entry, search and seizure that are or may be conferred on—
i
a person designated for the purposes of paragraph 19 of Schedule 3, or
ii
any person who otherwise acts on behalf of the F633Director General,
in his capacity as a constable or as a person with the powers and privileges of a constable; or
b
the obligations of F289local policing bodies and chief officers under sections 15 and 17.
C13C14C15C16C92C10019C89C88 Use of investigatory powers by or on behalf of the F635Director General
1
The Secretary of State may by order make such provision as he thinks appropriate for the purpose of authorising—
a
the use of directed and intrusive surveillance, and
b
the conduct and use of covert human intelligence sources,
for the purposes of, or for purposes connected with, the carrying out of the F636Director General's functions.
2
An order under this section may, for the purposes of or in connection with any such provision as is mentioned in subsection (1), provide for—
a
Parts 2 and 4 the Regulation of Investigatory Powers Act 2000 (c. 23) (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and
b
Part 3 of the 1997 Act (authorisations in respect of property),
to have effect with such modifications as may be specified in the order.
3
The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.
4
Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.
F10575
But the reference in subsection (1)(b) to the conduct of covert human intelligence sources does not include conduct which may be authorised under section 29B of that Act (criminal conduct authorisations).
I4C1720C89C88C111C112C108C110C109 Duty to keep the complainant informed
1
In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—
a
by the F637Director General, or
it shall be the duty of the F637Director General to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).
2
In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—
a
by the appropriate authority on its own behalf, F1007...
F1008b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).
3
Where subsection (2) applies, it shall be the duty of the F637Director General to give the appropriate authority all such directions as F639the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.
F8573A
In any case in which a complaint is being handled—
a
in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or
b
otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),
it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).
F8584
The matters of which the complainant must be kept properly informed are—
a
the progress of the handling of the complaint;
b
the outcome of the handling of the complaint;
c
any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);
d
such other matters as may be specified in regulations made by the Secretary of State.
4A
The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.
5
The duties imposed by this section on the F637Director General and the appropriate authority in relation to any complaint shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.
6
The Secretary of State shall not by regulations provide for any exceptions from the duties imposed by this section except so far as he considers it necessary to do so for the purpose of—
a
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
b
preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
i
is in the interests of national security;
ii
is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
iii
is required on proportionality grounds; or
iv
is otherwise necessary in the public interest.
7
The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.
8
F8598A
In any case in which there is an investigation of a complaint, the F637Director General or the appropriate authority may comply with F640their duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted F641(or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted F642(or completed) under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.
8B
Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—
a
regulations made under subsection (5), and
b
section 21A.
9
It shall be the duty of a person appointed to carry out an investigation under this Part F860, or who is otherwise involved in the handling of a complaint under this Part, to provide the F637Director General or, as the case may be, the appropriate authority with all such information as the F637Director General or that authority may reasonably require for the purpose of performing F643their duty under this section.
I5C1821C89C88C111C112C108C110C109 Duty to provide information for other persons
1
A person has an interest in being kept properly informed about the handling of a complaint F46, recordable conduct matter or DSI matter if—
a
b
that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.
2
A person falls within this subsection if F48(in the case of a F897complaint that relates to conduct of a person serving with the police or a recordable conduct matter)—
a
he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;
b
he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint;
c
he himself has suffered serious injury as the alleged result of that conduct.
F492A
A person falls within this subsection if (in the case of a DSI matter)—
a
he is a relative of the person who has died;
b
he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;
c
he himself is the person who has suffered serious injury.
3
A person who does not fall within subsection (2) F50or (2A) has an interest in being kept properly informed about the handling of a complaint F51, recordable conduct matter or DSI matter if—
a
b
he has indicated that he consents to the provision of information to him in accordance with this section.
4
In relation to a complaint, this section confers no rights on the complainant.
5
A person who has an interest in being kept properly informed about the handling of a complaint F52, conduct matter or DSI matter is referred to in this section as an “interested person”.
6
In any case in which there is an investigation of the complaint F53, recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—
a
by the F644Director General, or
it shall be the duty of the F644Director General to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).
7
In any case in which there is an investigation of the complaint F53, recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—
a
by the appropriate authority on its own behalf, F1010...
F1011b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).
8
Where subsection (7) applies, it shall be the duty of the F644Director General to give the appropriate authority all such directions as F646the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.
F8618A
In any case in which—
a
the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or
b
the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,
it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).
F8629
The matters of which the interested person must be kept properly informed are—
a
the progress of the handling of the complaint, recordable conduct matter or DSI matter;
b
the outcome of the handling of the complaint, recordable conduct matter or DSI matter;
c
such other matters as may be specified in regulations made by the Secretary of State.
9A
The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.
10
The duties imposed by this section on the F644Director General and the appropriate authority in relation to any complaint F54, recordable conduct matter or DSI matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.
11
Subsections (6) to (9) of section 20 apply for the purposes of this section as they apply for the purposes of that section.
F86311A
In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the F644Director General or the appropriate authority may comply with F647their duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted F648(or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted F649(or completed) under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.
11B
Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—
a
regulations made under subsection (10), and
b
section 21A.
12
In this section “relative” means a person of a description prescribed in regulations made by the Secretary of State.
C111C112C108C110C10921AC111C112C108C110C109F883Restriction on disclosure of sensitive information
1
2
Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the F650Director General unless the relevant authority consents to the disclosure.
3
The information is—
a
intelligence service information;
b
protected information relating to a relevant warrant;
c
information obtained from a government department which, at the time it is provided to the F650Director General or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—
i
cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or
ii
jeopardise the safety of any person.
4
Where the F650Director General or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the F650Director General or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.
5
In this section—
“government department” means a department of Her Majesty's Government but does not include—
- a
the Security Service,
- b
the Secret Intelligence Service, or
- c
the Government Communications Headquarters (“GCHQ”);
- a
“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—
- a
the Security Service,
- b
the Secret Intelligence Service,
- c
GCHQ, or
- d
any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;
- a
“Minister of the Crown” includes the Treasury;
“paragraph 18 investigator” has the meaning given by subsection (2);
“protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;
“relevant authority” means—
- a
in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;
- b
in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;
- c
in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;
- d
in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;
- e
in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;
- f
in the case of information within subsection (3)(c)—
- i
the Secretary of State, or
- ii
the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);
- i
- a
“relevant warrant” means—
- a
a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or
- b
a warrant under Chapter 1 of Part 6 of that Act.
- a
C111C112C108C110C10921BC111C112C108C110C109Provision of sensitive information to the F651Director General and certain investigators
1
A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the F651Director General or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—
a
make the F651Director General or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and
2
In this section, “intelligence service information”, “protected information relating to a relevant warrant”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.
Guidance and regulations
C19C20C21C22C85C93C10122C98C111C112C108C110C109 Power of the F652Director General to issue guidance
1
The F652Director General may issue guidance—
a
to F291local policing bodies,
b
to chief officers, and
c
to persons who are serving with the police otherwise than as chief officers,
concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).
2
Those powers and duties are—
a
those that are conferred or imposed by or under this Part; and
b
those that are otherwise conferred or imposed but relate to—
i
the handling of complaints;
ii
the means by which recordable conduct matters F55or DSI matters are dealt with; or
iii
the detection or deterrence of misconduct by persons serving with the police.
3
Before issuing any guidance under this section, the F652Director General shall consult with—
F56F292a
such persons as appear to the F652Director General to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
b
F509the National Police Chiefs' Council; and
c
such other persons as F653the Director General thinks fit.
4
The approval of the Secretary of State shall be required for the issue by the F652Director General of any guidance under this section.
5
Without prejudice to the generality of the preceding provisions of this section, the guidance that may be issued under this section includes—
a
guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters F57or DSI matters that have not been recorded;
b
guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter F58or DSI matter;
F1012c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
guidance about how to protect the scene of an incident or alleged incident which—
i
is or may become the subject-matter of a complaint; or
ii
is or may involve a recordable conduct matter F58or DSI matter;
e
guidance about the circumstances in which it is appropriate (where it is lawful to do so)—
i
to disclose to any person, or to publish, any information about an investigation of a complaint F59, conduct matter or DSI matter; or
ii
to provide any person with, or to publish, any report or other document relating to such an investigation;
F1013f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Nothing in this section shall authorise the issuing of any guidance about a particular case.
7
It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in exercising or performing the powers and duties to which the guidance relates.
8
A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.
C23C24C25C2623C98C111C112C108C110C109 Regulations
1
The Secretary of State may make regulations as to the procedure to be followed under any provision of this Part.
2
Without prejudice to the generality of the power conferred by subsection (1) or of any other power to make regulations conferred by any provision of this Part, the Secretary of State may also by regulations provide—
a
for the appropriate authority, in the case of a complaint F898that relates to conduct of a person serving with the police, to be required, in accordance with procedures provided for in the regulations—
i
to supply the person complained against with a copy of the complaint; and
ii
to supply the complainant with a copy of the record made of that complaint;
b
for the matters to be taken into account in making any determination as to which procedure to adopt for handling complaints and dealing with recordable conduct matters F60and DSI matters;
c
for any procedure for the purposes of this Part to be discontinued where—
i
a complaint is withdrawn;
ii
the complainant indicates that he does not wish any further steps to be taken; or
iii
the whole or part of the investigation of the complaint has been postponed until the conclusion of criminal proceedings and the complainant fails to indicate after the conclusion of those proceedings that he wishes the investigation to be resumed;
and for the manner in which any such withdrawal or indication is to be effected or given, and for the circumstances in which it is to be taken as effected or given;
d
for requiring the subject-matter of a complaint that has been withdrawn to be treated for the purposes of this Part, in the cases and to the extent specified in the regulations, as a recordable conduct matter;
e
for the manner in which any procedure for the purposes of this Part is to be discontinued in a case where it is discontinued in accordance with the regulations, and for the consequences of any such discontinuance;
f
for the circumstances in which any investigation or other procedure under this Part may be or must be suspended to allow any other investigation or proceedings to continue, and for the consequences of such a suspension;
g
for the regulation of the appointment of persons to carry out investigations under this Part or to assist with the carrying out of such investigations, for limiting the persons who may be appointed and for the regulation of the carrying out of any such investigation;
F61h
for combining into a single investigation the investigation of any complaint, conduct matter or DSI matter with the investigation or investigations of any one or more, or any combination, of the following—
i
complaints (whether or not relating to the same conduct),
ii
conduct matters, or
iii
DSI matters,
and for splitting a single investigation into two or more separate investigations;
i
j
k
for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or recordable conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct;
l
for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or conduct matter relates to the conduct of a person—
i
whose identity is unascertained at the time at which a complaint is made or a conduct matter is recorded;
ii
whose identity is not ascertained during, or subsequent to, the investigation of a complaint or recordable conduct matter;
F1016m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n
for the records to be kept by F293local policing bodies and chief officers—
i
with respect to complaints and purported complaints;
ii
with respect to recordable conduct matters F63or DSI matters; and
iii
with respect to the exercise and performance of their powers and duties under this Part;
o
for the F654Director General to be required to establish and maintain a register of such information provided to F656the Director General or the Office in accordance with this Part as may be of a description specified in the regulations and for regulating the extent to which information stored on that register may be published or otherwise disclosed to any person by the F654Director General;
p
for chief officers to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part;
F892pa
for local policing bodies to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part (including powers and duties that are acquired by virtue of giving a notice under section 13A);
q
for the manner in which any notification for the purposes of any provision of this Part is to be given and the time at which, or period within which, any such notification must be given.
I6C27C28C29C30C94C10224C98 Consultation on regulations
Before making any regulations under this Part, the Secretary of State shall consult with—
F657a
the Office;
aa
the Director General;
F65F294b
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
ba
the Mayor's Office for Policing and Crime;
bb
the Common Council;
c
F510the National Police Chiefs' Council; and
d
such other persons as he thinks fit.
Conduct of persons in other forms of police service
25NCIS and NCS
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C31C3226 Forces maintained otherwise than by F295local policing bodies
1
Notwithstanding any provision made by or under any enactment passed or made before this Act—
a
the F658Director General, and
b
an authority other than a F296local policing body which maintains a body of constables,
shall each have power to enter into an agreement with the other for the establishment and maintenance in relation to that body of constables of procedures corresponding or similar to any of those provided for by or under this Part.
2
If it appears to the Secretary of State appropriate to do so in relation to any body of constables maintained otherwise than by a F297local policing body to establish any such corresponding or similar procedures, he may by order—
a
provide for the establishment and maintenance of such procedures in relation to that body of constables; and
b
in a case in which procedures in relation to that body of constables have effect by virtue of subsection (9) or have previously been established by virtue of this section—
i
provide for those procedures to be superseded by the provision made by the order; and
ii
make transitional provision in connection with the replacement of the superseded procedures.
3
It shall be the duty of the Secretary of State to secure that procedures are established and maintained under subsection (2) in relation to each of the following—
a
the Ministry of Defence Police; and
b
the British Transport Police Force.
4
An agreement under this section shall not be made, varied or terminated except with the approval of the Secretary of State.
5
An agreement or order under this section in relation to any body of constables may contain provision for enabling the F658Director General to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement or order as disciplinary proceedings in relation to members of that body of constables.
6
An agreement or order under this section in relation to any body of constables may provide for the application of procedures in relation to persons who are not themselves constables but are employed for the purposes of that body of constables and in relation to the conduct of such persons, as well as in relation to members of that body of constables and their conduct.
7
Before making an order under this section the Secretary of State shall consult with both—
a
the F658Director General; and
b
the authority maintaining the body of constables to whom the order relates.
8
Procedures established in accordance with any agreement or order under this section shall have no effect in relation to anything done outside England and Wales by any constable or any person employed for the purposes of a body of constables.
9
Where, immediately before the coming into force of this section, any procedures have effect in relation to any body of constables by virtue of—
a
section 78 of the 1996 Act (which made provisions similar to that made by this section), or
b
paragraph 13 of Schedule 8 to that Act (transitional provisions),
those procedures shall continue to have effect thereafter (notwithstanding the repeal by this Act of Chapter 1 of Part 4 of the 1996 Act and of that paragraph) until superseded by procedures established by virtue of any agreement or order under this section.
10
Subsection (9) has effect subject to the provisions of any order made under section 28.
F45626ASerious Organised Crime Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45726BNational Policing Improvement Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26BAF465College of Policing
1
The F659Director General and the College of Policing must enter into an agreement for the establishment, in relation to members of the College's staff, of procedures corresponding or similar to those provided for by or under this Part.
2
An agreement under this section—
a
must not be made or varied except with the approval of the Secretary of State; and
b
must not be terminated unless—
i
it is replaced by another such agreement, and
ii
the Secretary of State approves.
3
An agreement under this section may contain provision for enabling the F659Director General to bring and conduct, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary hearings in relation to members of the College's staff.
4
Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done outside England and Wales by any member of the College's staff.
26CF420The National Crime Agency
1
2
Regulations under this section may, in particular—
a
apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;
b
make provision for payment by the National Crime Agency to, or in respect of, the F662the Office or in respect of its Director General.
3
Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.
4
The F663Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
a
the F663Director General has functions by virtue of this section, and
b
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
5
A National Crime Agency officer may disclose information to the F664Director General, or to a person acting on the F665Director General's behalf, for the purposes of the exercise by the F666Director General, or by any person acting on the F665Director General's behalf, of an NCA complaints function.
6
The F667Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
a
by virtue of this section, or
b
under the Parliamentary Commissioner Act 1967.
7
Regulations under this section may, in particular, make—
a
further provision about the disclosure of information under subsection (5) or (6);
b
provision about the further disclosure of information that has been so disclosed;
including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.
8
Except as provided for in regulations under this section, that Schedule to that Act does not apply to—
a
the disclosure of information under subsection (5) or (6), or
b
the further disclosure of information so disclosed.
9
In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General F668of the National Crime Agency or any other National Crime Agency officer.
26DF489Labour abuse prevention officers
1
The Secretary of State may make regulations conferring functions on the F669Director General in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).
2
Regulations under this section may, in particular—
a
apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
b
make provision for payment by the Authority to, or in respect of, the F670Office or in respect of the Director General.
3
The F669Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
a
the F669Director General has functions by virtue of this section, and
b
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
4
An officer of the Authority may disclose information to the F669Director General, or to a person acting on the F671Director General's behalf, for the purposes of the exercise by the F669Director General, or by any person acting on the F671Director General's behalf, of an Authority complaints function.
5
The F669Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
a
by virtue of this section, or
b
under the Parliamentary Commissioner Act 1967.
6
Regulations under this section may, in particular, make—
a
further provision about the disclosure of information under subsection (4) or (5);
b
provision about the further disclosure of information that has been so disclosed.
7
In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.
26EF1058Food crime officers
1
The Secretary of State may make regulations conferring functions on the Director General in relation to officers of the Food Standards Agency (the “Agency”) acting in the exercise of functions conferred on them by virtue of—
a
section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or
b
section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).
2
Regulations under this section may, in particular—
a
apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
b
make provision for payment by the Agency to, or in respect of, the Office or in respect of the Director General.
3
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
a
the Director General has functions by virtue of this section, and
b
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
4
An officer of the Agency may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of an Agency complaints function.
5
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
a
by virtue of this section, or
b
under the Parliamentary Commissioner Act 1967.
6
Regulations under this section may, in particular, make—
b
provision about the further disclosure of information that has been so disclosed.
7
A disclosure of information authorised by this section does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
8
But this section does not authorise a disclosure of information that—
a
would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or
b
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
9
In this section—
“Agency complaints function” means a function in relation to the exercise of functions by officers of the Agency;
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
26FF1064The Independent Commission for Reconciliation and Information Recovery
1
The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part.
2
Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.
3
An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.
4
Before making regulations under this section the Secretary of State must consult—
a
the Director General; and
b
the ICRIR.
5
Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.
6
An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers.
7
Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer.
8
In this section—
“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;
“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
C33C34C35C36C9527 Conduct of the F672Office's staff
1
The Secretary of State shall by regulations make provision for the manner in which the following cases are to be handled or dealt with—
a
cases in which allegations of misconduct are made against members of the F672Office's staff; and
b
cases in which there is otherwise an indication that there may have been misconduct by a member of the F672Office's staff.
2
Regulations under this section may apply, with such modifications as the Secretary of State thinks fit, any provision made by or under this Part.
3
Regulations under this section may provide for it to be the duty of any person on whom functions are conferred by the regulations to have regard, in the carrying out of those functions, to any guidance given by such persons and in such manner as may be specified in the regulations.
4
Before making any regulations under this section the Secretary of State shall consult with the F673Office and the Director General.
Transitional provisions
F67428 Transitional arrangements connected with establishing the Commission etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28AF400Application of Part 2 to old cases
1
The F675Director General may, if F676the Director General considers that there are exceptional circumstances—
a
direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and
b
direct the appropriate authority to record the matter under this Part.
2
A “pre-commencement matter” means a matter which—
a
is a complaint or a conduct matter,
b
relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and
c
(apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.
3
“Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).
4
5
This subsection applies to a matter which—
a
relates to conduct which took place, or circumstances which occurred, before 1 April 2004,
b
has been the subject of a relevant complaint, and
c
would be a conduct matter or a DSI matter if it had not been the subject of a relevant complaint.
6
“Relevant complaint” means—
a
a complaint made before 1 April 2004, or
b
a complaint made on or after that date to which a relevant transitional provision applied.
F10636A
On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this section—
a
ceases to apply to a pre-commencement matter or a matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter was given before that day), or
b
does not apply to a pre-commencement matter or matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter is given on or after that day),
insofar as the matter relates to conduct forming part of the Troubles.
6B
In subsection (6A) “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).
7
Where under subsection (1)(a) the F675Director General directs that a relevant transitional provision does not apply in relation to a pre-commencement matter, that provision does not apply in relation to that matter.
8
The appropriate authority must comply with a direction under subsection (1)(b).
9
Where under subsection (4) the F675Director General directs that a matter should be treated as a conduct matter or a DSI matter, the matter is (subject to any regulations under subsection (10)) to be treated as a conduct matter or a DSI matter for the purposes of this Part (including subsections (1) and (2)) and any provision made under it.
10
The Secretary of State may by regulations provide for this Part or any provision made under it to apply with such modifications as the Secretary of State thinks fit to a matter in relation to which the F675Director General has made a direction under subsection (1) or (4).
Interpretation of Part 2
C3729C105C98C111C112C108C110C109 Interpretation of Part 2
1
In this Part—
F67“the appropriate authority”—
- a
in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—
- aa
F900in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and
- b
in relation to a death or serious injury matter, means—
- i
if the relevant officer is F300the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and
- ii
if he is not F301the chief officer or an acting chief officer, the chief officer under whose direction and control he is;
F302and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;
- i
- a
“chief officer” means the chief officer of police of any police force;
F678...
“complainant” shall be construed in accordance with subsection (2);
“complaint” has the meaning given by section 12;
“conduct” includes acts, omissionsF378, statements and decisions (whether actual, alleged or inferred);
“conduct matter” has the meaning given by section 12;
F68“death or serious injury matter” and “DSI matter” have the meaning given by section 12;
F679“the Director General” means (unless otherwise specified) the Director General of the Office;
“disciplinary proceedings” means—
- a
in relation to a member of a police force or a special constable, proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations; and
- b
in relation to a person serving with the police who is not a member of a police force or a special constable, proceedings identified as such by regulations made by the Secretary of State for the purposes of this Part;
- a
“document” means anything in which information of any description is recorded;
“information” includes estimates and projections, and statistical analyses;
F1017...
F680“the Office” means the Independent Office for Police Conduct;
“person complained against”, in relation to a complaint F901that relates to conduct of a person serving with the police, means the person whose conduct is the subject-matter of the complaint;
“recordable conduct matter” means (subject to any regulations under section 23(2)(d))—
- a
a conduct matter that is required to be recorded by the appropriate authority under paragraph 10 F877, 11 or 13A of Schedule 3 or has been so recorded; or
- aa
F404a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded;
- b
F379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- a
“relevant force”, in relation to the appropriate authority, means—
- a
F303if that authority is a local policing body, the police force which the body is responsible for maintaining; and
- b
if that authority is the chief officer of police of a police force, his force;
- a
F380. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;
“serving with the police”, in relation to any person, shall be construed in accordance with section F46812(7) to (10) .
F691A
In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section F46912(7) to (10) )—
a
who arrested the person who has died or suffered serious injury,
b
in whose custody that person was at the time of the death or serious injury, or
c
with whom that person had the contact in question;
and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.
1B
Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.
2
References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references—
F902a
to the person by whom the complaint or purported complaint was made, or
b
in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;
but where any person is acting on another’s behalf for the purposes of any complaint or purported complaint, anything that is to be or may be done under this Part by or in relation to the complainant may be done, instead, by or in relation to the person acting on the complainant’s behalf.
3
Subject to subsection (4), references in this Part, in relation to any conduct or anything purporting to be a complaint about any conduct, to a member of the public include references to any person falling within any of the following paragraphs (whether at the time of the conduct or at any subsequent time)—
a
a person serving with the police;
F458ca
a National Crime Agency officer; or
4
In this Part references, in relation to any conduct or to anything purporting to be a complaint about any conduct, to a member of the public do not include references to—
a
a person who, at the time when the conduct is supposed to have taken place, was under the direction and control of the same chief officer as the person whose conduct it was; or
b
a person who—
i
at the time when the conduct is supposed to have taken place, in relation to him, or
ii
at the time when he is supposed to have been adversely affected by it, or to have witnessed it,
was on duty in his capacity as a person falling within subsection (3)(a) to (d).
F9034A
In this Part references, in relation to anything purporting to be a complaint other than a complaint about any conduct, to a member of the public include references to any person falling within subsection (3)(a) to (d) other than a person who is—
a
a member of the police force with which dissatisfaction is expressed,
b
a civilian employee of that police force,
c
a special constable who is under the direction and control of the chief officer of that police force, or
d
where dissatisfaction is expressed with the City of London police force, an employee of the Common Council of the City of London who is under the direction and control of the chief officer of that force.
5
For the purposes of this Part a person is adversely affected if he suffers any form of loss or damage, distress or inconvenience, if he is put in danger or if he is otherwise unduly put at risk of being adversely affected.
6
References in this Part to the investigation of any complaint or matter by the appropriate authority on its own behalf, F1018... under the F1019direction of the F681Director General or by the F681Director GeneralF682... shall be construed as references to its investigation in accordance with paragraph 16, F1020... 18 or, as the case may be, 19 of Schedule 3.
7
The Commissioner of Police for the City of London shall be treated for the purposes of this Part as if he were a member of the City of London police force.
F8918
References in sections 26, 26BA and 26C to England and Wales include the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.
F820Part 2ASuper-complaints
Pt. 2A inserted (31.1.2017 for specified purposes, 16.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 25, 183(1)(5)(e); S.I. 2018/456, reg. 3(a)
29APower to make super-complaints
1
A designated body may make a complaint to Her Majesty's Chief Inspector of Constabulary that a feature, or combination of features, of policing in England and Wales by one or more than one police force is, or appears to be, significantly harming the interests of the public.
2
See section 29B for the meaning of “designated body”.
3
In this section-
“England and Wales” includes the adjacent United Kingdom waters within the meaning of section 30 of the Police Act 1996,
“police force” means any of the following—
- a
the metropolitan police force,
- b
a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),
- c
the National Crime Agency,
- d
the City of London police force,
- e
the Ministry of Defence Police,
- f
the Civil Nuclear Constabulary,
- g
the British Transport Police.
- a
29BF821Bodies who may make super-complaints
1
In this Part “designated body” means a body designated in regulations made by the Secretary of State.
2
The Secretary of State—
a
may make or revoke such a designation if the Secretary of State considers it appropriate to do so, and
b
must make or revoke such a designation if asked to do so by an authorised person.
3
The Secretary of State must, in deciding whether to act under subsection (2)(a), apply criteria specified or described in regulations made by the Secretary of State.
4
The authorised person must, in deciding whether to ask the Secretary of State to act under subsection (2)(b), apply criteria specified or described in regulations made by the Secretary of State.
5
The Secretary of State must, before making regulations under subsection (3) or (4), consult such persons as the Secretary of State considers appropriate.
6
In this section “authorised person” means any person specified or described in regulations made by the Secretary of State.
29CF822Regulations about super-complaints
1
The Secretary of State may by regulations make provision about complaints under section 29A.
2
Such provision may, in particular, include provision about—
a
the procedure for dealing with a matter before a complaint is made under section 29A (including who is to deal with the matter),
b
the procedure for dealing with a complaint under section 29A (including who is to deal with the matter),
c
whether, or the extent to which, a matter is to be dealt with under this Part or Part 2.
3
Regulations under this section may—
a
confer (or enable the conferring of) functions on Her Majesty's Chief Inspector of Constabulary, the F683Director General of the Independent Office for Police Conduct, the College of Policing or any other person,
b
apply (with or without modifications), in relation to any matter to be dealt with by the F683Director General of the Independent Office for Police Conduct under this Part, any provision made by or under Part 2.
F492Part 2BInvestigation of concerns raised by whistle-blowers
Pt. 2B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 28(1), 183(1)(5)(e)
29DPower to investigate concerns raised by whistle-blowers
1
The F684Director General may investigate any concern raised by a whistle-blower of which F685the Director General becomes aware (whether because the whistle-blower has contacted the F684Director General or for any other reason) but only if the whistle-blower informs the F684Director General, before the beginning of the investigation, that he or she consents to an investigation taking place.
2
In deciding whether to investigate, the F684Director General must take into account the public interest.
3
For the purposes of this Part, a person is a “whistle-blower” if—
a
the person is, or was at any time, under the direction and control of a chief officer of police,
b
the person raises a concern that is about a police force or a person serving with the police,
c
the matter to which the concern relates is not—
i
about the conditions of service of persons serving with the police, or
ii
a matter that is, or could be, the subject of a complaint by the person under Part 2, and
d
at the time the F684Director General first becomes aware of the concern, the matter to which it relates is not—
i
under investigation under the direction of the F684Director General in accordance with paragraph 18 of Schedule 3,
ii
under investigation by the F684Director General in accordance with paragraph 19 of that Schedule,
iii
being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or
iv
under investigation under this Part.
4
Subsection (1) is subject to section 29F (which deals with the position where the concern is a conduct matter for the purposes of Part 2) and to section 29G (which deals with the position where the concern is a DSI matter for the purposes of that Part).
5
Schedule 3A (which makes provision about the procedure etc where the F684Director General decides to investigate under subsection (1)) has effect.
29EF687Director General's powers and duties F688on decision not to investigate
1
2
In such a case, the F686Director General may, with the consent of the whistle-blower—
a
disclose the nature of the concern to the appropriate authority, and
b
make recommendations in the light of the concern.
3
In this Part, except where otherwise provided, “appropriate authority” means—
a
if the concern relates to a chief officer or an acting chief officer, the local policing body for the area of the police force of which he or she is a member;
b
if the concern relates to any other person, the chief officer under whose direction and control that person is;
c
if the concern does not relate to any particular persons, the chief officer of the police force to which the concern relates.
4
The Secretary of State may by regulations make further provision about recommendations under subsection (2).
5
The regulations may (amongst other things)—
a
describe the kinds of recommendations that the F686Director General may make under subsection (2);
b
specify the persons to whom the recommendations may be made;
29FSpecial provision for “conduct matters”
1
Before deciding whether to carry out an investigation under section 29D(1), the F689Director General must consider whether the concern is about a conduct matter for the purposes of Part 2 (see section 12(2)).
2
If the F689Director General determines that the concern is about a conduct matter for the purposes of Part 2—
a
F690the Director General may not carry out an investigation under section 29D(1), and
3
Where the appropriate authority in relation to the person whose conduct is in question is notified under subsection (2), it must record the matter under paragraph 11 of Schedule 3 to this Act as a conduct matter.
4
The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a conduct matter that, in accordance with subsection (3), is recorded under paragraph 11 of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
29GSpecial provision for “DSI matters”
1
Before deciding whether to carry out an investigation under section 29D(1), the F692Director General must consider whether the concern is about a death or serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section 12(2A)).
2
If the F692Director General determines that the concern is about a DSI matter for the purposes of Part 2—
a
F693the Director General may not carry out an investigation under section 29D(1), and
b
F693the Director General must notify the appropriate authority in relation to the DSI matter.
3
Where the appropriate authority in relation to the DSI matter is notified under subsection (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.
4
The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a DSI matter that, in accordance with subsection (3), is recorded under paragraph 14A of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
5
In this section, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).
29HF695Director General's powers and duties where whistle-blower is deceased
1
2
Any investigation begun by the F694Director General under section 29D(1) before the death of the whistle-blower may be continued after the death.
3
Where a whistle-blower dies—
a
any requirement under this Part to obtain the consent of the whistle-blower may be satisfied by obtaining the consent of that person's approved representative;
b
any requirement under this Part to give any document or other information to the whistle-blower may be satisfied by giving the document or other information to the person's approved representative;
c
any requirement under this Part not to disclose the identity of the whistle-blower does not apply or (where the F694Director General became aware of the concern before the death) ceases to apply.
4
For the purpose of this section, “approved representative” means a person who has been approved by the F694Director General for the purposes of this Part.
5
The F694Director General may only approve a person who is—
a
the widow or widower (or surviving civil partner) of the deceased whistle-blower,
b
a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or
c
any other person appearing to the F694Director General to have, by reason of a family or similar relationship with the deceased whistle-blower, a relevant interest in the outcome of the concern.
29IDuty to keep whistle-blowers informed
1
2
The Secretary of State may by regulations provide for exceptions to the duty under subsection (1).
3
The power conferred by subsection (2) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.
4
“The permitted non-disclosure purposes” are—
a
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
b
preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
i
is in the interests of national security,
ii
is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders,
iii
is for the purposes of the investigation of an allegation of misconduct against the whistle-blower or the taking of disciplinary proceedings or other appropriate action in relation to such an allegation,
iv
is for the purposes of an investigation under Part 2 that relates to the whistle-blower,
v
is required on proportionality grounds, or
vi
is otherwise necessary in the public interest.
5
The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.
29JProtection of anonymity of whistle-blowers
1
The Secretary of State may by regulations make provision setting out the circumstances in which the F699Director General is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations.
2
The information falling within this subsection is—
a
the identity of a whistle-blower or information that might (whether alone or with other information) tend to reveal that identity;
b
the nature of a concern raised by a whistle-blower.
3
The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.
4
“The permitted disclosure purposes” are—
a
the protection of the interests of national security;
b
the prevention or detection of crime or the apprehension of offenders;
c
the institution or conduct of criminal proceedings;
d
the investigation of allegations of misconduct against whistle-blowers and the taking of disciplinary proceedings or other appropriate action in relation to such allegations;
e
investigations under Part 2 that relate to whistle-blowers;
f
investigations under this Part;
g
any other purpose that is for the protection of the public interest.
5
Except as provided by regulations under subsection (1) or by any other provision of this Part, the F699Director General may not disclose information falling within subsection (2) unless the whistle-blower consents to the disclosure.
29KOther restrictions on disclosure of information
1
The Secretary of State may by regulations make provision setting out the circumstances in which the F700Director General is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations.
2
The information falling within this subsection is—
a
information relating to an investigation under section 29D;
b
information relating to the outcome of any such investigation.
3
The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.
4
In this section, “the permitted disclosure purposes” has the same meaning as in section 29J.
5
Except as provided by regulations under subsection (1) or by any other provision of this Part, the F700Director General may not disclose information falling within subsection (2).
29LApplication of provisions of Part 2
1
The following provisions of Part 2 apply in relation to the functions of the F701Director General under this Part as they apply in relation to the functions of the F701Director General under Part 2—
a
section 15 (general duties of local policing bodies, chief officers and inspectors);
b
section 16 (payment for assistance with investigation);
c
section 17 (provision of information to the F701Director General);
d
section 18 (inspection of police premises on behalf of the F701Director General);
e
section 19 (use of investigatory powers by or on behalf of the F701Director General);
f
section 21A (restriction on disclosure of sensitive information);
g
section 21B (provision of sensitive information to the F701Director General);
h
section 22 (power of the F701Director General to issue guidance);
i
section 26 (forces maintained otherwise than by local policing bodies);
j
section 26BA (College of Policing);
k
section 26C (the National Crime Agency).
2
Except as provided by subsection (1), the provision made by sections 15 to 29 of Part 2 does not apply in relation to the functions of the F701Director General under this Part.
29MRegulation-making powers: consultation
Before making regulations under this Part, the Secretary of State must consult—
a
the F702Director General,
b
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
c
the Mayor's Office for Policing and Crime;
d
the Common Council,
e
the National Police Chiefs' Council, and
f
such other persons as the Secretary of State thinks fit.
29NInterpretation
1
In this Part—
F703...
“appropriate authority” has the meaning given by section 29E(3);
“chief officer” means the chief officer of police of any police force; and “acting chief officer” means (as appropriate)—
- a
a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,
- b
a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or
- c
a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;
- a
“conduct” has the same meaning as in Part 2 (see section 29(1));
F704“the Director General” means the Director General of the Independent Office for Police Conduct;
“whistle-blower” has the meaning given by section 29D(3).
2
References in this Part to a person serving with the police have the same meaning as in Part 2 (see section 12(7)).
Part 3Removal, suspension and disciplining of police officers
Removal and suspension of senior officers
30 Resignation in the interests of efficiency and effectiveness
1
In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis)—
a
in subsection (1), for “to retire in the interests of efficiency or effectiveness” there shall be substituted “
in the interests of efficiency or effectiveness, to retire or to resign
”
; and
b
in subsection (3), for the words from “retire”, in the first place where it occurs, to “earlier date” there shall be substituted “
retire or resign under subsection (1), he shall retire or resign with effect from such date as the Metropolitan Police Authority may specify, or with effect from such earlier date
”
.
2
In section 11 of that Act (removal of chief constables)—
a
in subsection (2), for “to retire in the interests of efficiency or effectiveness” there shall be substituted “
in the interests of efficiency or effectiveness, to retire or to resign
”
; and
b
in subsection (4), for the words from “retire”, in the first place where it occurs, to “earlier date” there shall be substituted “
retire or resign under subsection (2), shall retire or resign with effect from such date as the police authority may specify, or with effect from such earlier date
”
.
31 Procedural requirements for removal of senior officers
1
In subsection (2) of section 9E of the 1996 Act (removal of Commissioner of Police of the Metropolis) for the words from “an opportunity” to the end there shall be substituted
—
a
an explanation in writing of the Authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and
b
an opportunity to make representations;
and the Authority shall consider any representations made by or on behalf of the Commissioner.
The opportunity given to the Commissioner to make representations must include the opportunity to make them in person.
2
In subsection (3) of section 11 of the 1996 Act (removal of chief constable), for the words from “an opportunity” to the end there shall be substituted
—
a
an explanation in writing of the authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and
b
an opportunity to make representations;
and the authority shall consider any representations made by or on behalf of the chief officer.
The opportunity given to the chief constable to make representations must include the opportunity to make them in person.
32 Suspension of senior officers
1
In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis), after subsection (2) there shall be inserted—
2A
The Metropolitan Police Authority, acting with the approval of the Secretary of State, may suspend the Commissioner of Police of the Metropolis from duty if—
a
it is proposing to consider whether to exercise its power under subsection (1) to call upon the Commissioner to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in the metropolitan police force requires the suspension; or
b
having been notified by the Secretary of State that he is proposing to consider whether to require the Authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or
c
it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;
and it shall be the duty of the Metropolitan Police Authority (without reference to the preceding provisions of this subsection) to suspend the Commissioner from duty if it is required to do so by the Secretary of State under section 42(1A).
2
In section 11 of that Act (appointment and removal of chief constables), after subsection (3) there shall be inserted—
3A
A police authority maintaining a police force under section 2, acting with the approval of the Secretary of State, may suspend from duty the chief constable of that force if—
a
it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or
b
having been notified by the Secretary of State that he is proposing to consider whether to require the police authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or
c
it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;
and it shall be the duty of a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).
3
In each of sections 9F(3), 9FA(3) and 9G(3) of that Act (application of sections 9E(1) to (3) in the case of Assistant Commissioners, Deputy Assistant Commissioners and Commanders), at the end there shall be inserted
but with the omission in subsection (2A)—
a
of paragraph (b);
b
in paragraph (c), of the words from “or been sent” to “exercise that power”; and
c
of the words after paragraph (c).
4
In section 11A(3) of that Act (application of section 11(2) to (4) in the case of deputy chief constables), at the end there shall be inserted
but with the omission in subsection (3A)—
a
of paragraph (b);
b
in paragraph (c), of the words from “or been sent” to “exercise that power”; and
c
of the words after paragraph (c).
5
In section 12(3) of that Act (application of section 11(2), (3) and (4) in the case of assistant chief constables)—
a
for “, (3) and” there shall be substituted “
to
”
; and
b
at the end there shall be inserted
but with the omission in subsection (3A) —
a
of paragraph (b);
b
in paragraph (c), of the words from “or been sent” to “exercise that power”; and
c
of the words after paragraph (c).
33 Removal etc. of senior officers at the instance of the Secretary of State
1
Section 42 of the 1996 Act (role of the Secretary of State as respects removal of chief constables etc.) shall be amended as follows.
2
For subsections (1) and (2) there shall be substituted—
1
The Secretary of State may—
a
require the Metropolitan Police Authority to exercise its power under section 9E to call upon the Commissioner or Deputy Commissioner, in the interests of efficiency or effectiveness, to retire or to resign; or
b
require a police authority maintaining a police force under section 2 to exercise its power under section 11 to call upon the chief constable of that force, in the interests of efficiency or effectiveness, to retire or to resign.
1A
The Secretary of State may also, in any case falling within subsection (1B) in which he considers that it is necessary for the maintenance of public confidence in the force in question—
a
require the Metropolitan Police Authority to suspend the Commissioner or Deputy Commissioner from duty; or
b
require a police authority maintaining a police force under section 2 to suspend the chief constable of that force from duty.
1B
The cases falling within this subsection are—
a
where the Secretary of State is proposing to exercise his power under subsection (1) in relation to the Metropolitan Police Authority or, as the case may be, the other police authority in question, or is proposing to consider so exercising that power;
b
where the Metropolitan Police Authority or the other police authority in question is itself proposing to exercise its power to call upon the Commissioner or Deputy Commissioner or, as the case may be, the chief constable of the force in question to retire or to resign, or is proposing to consider so exercising that power; and
c
where the power mentioned in paragraph (a) or (b) has been exercised but the retirement or resignation has not yet taken effect.
2
Before requiring the exercise by the Metropolitan Police Authority or any other police authority of its power to call upon the Commissioner or Deputy Commissioner or the chief constable of the force in question to retire or to resign, the Secretary of State shall—
a
give the officer concerned a notice in writing—
i
informing him of the Secretary of State’s intention to require the exercise of that power; and
ii
explaining the Secretary of State’s grounds for requiring the exercise of that power; and
b
give that officer an opportunity to make representations to the Secretary of State.
2A
Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the notice to the Metropolitan Police Authority or other police authority concerned.
2B
The Secretary of State shall consider any representations made to him under subsection (2).
3
In subsection (3) (inquiries), for the words from the beginning to “subsection (1)” there shall be substituted—
3
Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he
4
After subsection (3) there shall be inserted—
3A
At an inquiry held under subsection (3)—
a
the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;
b
the Metropolitan Police Authority or, as the case may be, the police authority concerned shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.
3B
The entitlement of the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question to make representations shall include the entitlement to make them in person.
5
In subsection (4) (expenses of inquiry), for the words “a chief constable, deputy chief constable or assistant chief constable” there shall be substituted “
the Commissioner, the Deputy Commissioner or a chief constable
”
.
6
After subsection (4) there shall be inserted—
4A
If the Secretary of State exercises the power conferred by subsection (1) in relation to the Commissioner or the Deputy Commissioner or a chief constable, the Metropolitan Police Authority or other police authority concerned—
a
shall not be required to seek the Secretary of State’s approval before calling upon the Commissioner or Deputy Commissioner or chief constable in question, in the interests of efficiency or effectiveness, to retire or to resign; and
b
shall not be required to give the Commissioner, the Deputy Commissioner or the chief constable a written explanation of the authority’s grounds for calling upon him to retire or to resign, to give him an opportunity to make representations to it or to consider any representations made by him.
4B
In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.
4C
In this section a reference to the police authority concerned, in relation to a chief constable, is to the police authority which maintains the police force of which he is chief constable.
7
Subsection (5) (application to senior officers in the metropolitan police) shall cease to have effect.
34 Regulations concerning procedure for removal of senior officers
After section 42 of the 1996 Act, there shall be inserted—
42A Procedure in relation to removal of senior officers
1
The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section 9E, 11 or 42.
2
Before making any regulations under this section, the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
3
Regulations under this section may make different provision for different cases and circumstances.
4
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Disciplinary proceedings and protected disclosures
35 Disciplinary regulations for special constables
In section 51 of the 1996 Act (regulations for special constables), in subsection (2), after paragraph (b) there shall be inserted—
ba
the conduct of special constables and the maintenance of discipline;
36 Conduct of disciplinary proceedings
1
Without prejudice to the generality of any of the powers conferred by sections 50 and 51 of the 1996 Act (regulations for police forces and for special constables), regulations under each of those sections may make provision—
a
for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the F705Director General of the Independent Office for Police Conduct;
b
for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations; and
c
for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33) (inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.
2
In this section “disciplinary proceedings” means any proceedings under any regulations made under section 50 or, as the case may be, section 51 of 1996 Act which are identified as disciplinary proceedings by those regulations.
37 Protected disclosures by police officers
1
After section 43K of the Employment Rights Act 1996 (c. 18), there shall be inserted—
43KA Application of this Part and related provisions to police
1
For the purposes of—
a
this Part,
b
section 47B and sections 48 and 49 so far as relating to that section, and
c
section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A,
a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly.
2
In this section “the relevant officer” means—
a
in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police;
b
in relation to a person appointed as a police member of the NCIS, the Director General of NCIS;
c
in relation to a person appointed as a police member of the NCS, the Director General of NCS;
d
in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.
2
In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—
a
the words “, Part IVA” and “, 47B” shall be omitted;
b
after “sections 100” there shall be inserted “
, 103A
”
; and
c
after “section 100” there shall be inserted “
or 103A
”
.
3
Section 13 of the Public Interest Disclosure Act 1998 (c. 23) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.
Part 4Police powers etc.
Chapter 1Exercise of police powers etc. by civilians
38C43 Police powers for F304civilian staffF523and volunteers
F5181
The chief officer of police of any police force may designate a relevant employee as either or both of the following—
a
a community support officer;
b
a policing support officer.
1A
The chief officer of police of any police force may designate a police volunteer as either or both of the following—
a
a community support volunteer;
b
a policing support volunteer.
2
The description of officers are as follows—
a
community support officer;
b
investigating officer;
c
detention officer;
d
escort officer.
3
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A chief officer of police F73. . . shall not designate a person under this section unless he is satisfied that that person—
a
is a suitable person to carry out the functions for the purposes of which he is designated;
b
is capable of effectively carrying out those functions; and
c
has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred F74or imposed on him by virtue of the designation.
5
A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
F5155A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5155B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5156A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5176B
The powers and duties that may be conferred or imposed on a person designated under this section are—
a
any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties);
b
where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer.
6C
The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it.
6D
Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section.
6E
Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person—
a
in the area of that police force, and
b
in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force.
6F
A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated—
a
in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force);
b
only in such parts of the area of that police force as are specified in the designation;
c
only in cases or circumstances so specified.
7
F306A relevant employeeF75. . . authorised or required to do anything by virtue of a designation under this section—
a
shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and
b
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.
F5197A
A police volunteer authorised or required to do anything by virtue of a designation under this section —
a
shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer;
b
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.
8
Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.
9
Where any power exercisable by any person in reliance on his designation under this section includes power to use force to enter any premises, that power shall not be exercisable by that person except—
a
in the company, and under the supervision, of a constable; or
b
for the purpose of saving life or limb or preventing serious damage to property.
F5209A
The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation.
9B
However, subsection (9A) does not apply to—
a
the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances—
i
the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile;
ii
the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide;
b
the use of a weapon for a purpose specified in regulations made by the Secretary of State;
c
the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.
F5219C
A statutory instrument containing regulations under subsection (6C) or (9B)(b) or (c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
F30511
In this section “relevant employee” means—
a
in the case of—
i
a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or
ii
the police force maintained for the metropolitan police district in accordance with section 5A of that Act,
a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);
b
in the case of any other police force, a person who—
i
is employed by the police authority maintaining that force, and
ii
is under the direction and control of the chief officer making a designation under subsection (1).
F50111A
In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—
a
any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);
b
any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).
F514c
any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);
d
any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).
F52212
In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee.
13
For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.
F52438AStandard powers and duties of community support officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38BF257Police powers for civilian employees under collaboration agreements
1
The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—
a
is a civilian employee of F528, or a police volunteer with, another police force (the “assisting force”),
b
is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and
c
is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.
2
The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of F529either or both of the descriptions specified in section 38(1) (if C is a civilian employee of the assisting force) or section 38(1A) (if C is a police volunteer with the assisting force).
3
The collaboration designation may designate C as an officer of a particular description specified in F530section 38(1) or (as the case may be) section 38(1A) only if the section 38 designation designates C as an officer of that description.
4
C shall have the powers and duties conferred or imposed on C by the collaboration designation.
5
A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.
6
C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.
7
The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.
8
Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.
9
C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.
10
11
In this section—
“civilian employee” has the meaning given by section 23I of the Police Act 1996;
“relevant police collaboration provision” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.
38CDesignations under section 38B: supplementary provision
1
The collaboration designation of C must be in accordance with the relevant police collaboration provision.
2
Subsection (1) is in addition to section 38B(5) and (8).
3
Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38.
4
In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—
a
as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38); and
b
accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.
5
Expressions used in this section and section 38B have the same meanings in this section as in section 38B.
I739C44 Police powers for contracted-out staff
1
This section applies if a F307local policing body has entered into a contract with a person (“the contractor”) for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
2
The chief officer of police of the police force maintained by that F307local policing body may designate any person who is an employee of the contractor as either or both of the following—
a
a detention officer; or
b
an escort officer.
3
A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
4
A chief officer of police shall not designate a person under this section unless he is satisfied that that person—
a
is a suitable person to carry out the functions for the purposes of which he is designated;
b
is capable of effectively carrying out those functions; and
c
has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation.
5
A chief officer of police shall not designate a person under this section unless he is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated.
6
Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—
a
in the case of a person designated as a detention officer, Part 3; and
b
in the case of a person designated as an escort officer, Part 4.
7
An employee of the contractor authorised or required to do anything by virtue of a designation under this section—
a
shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and
b
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.
8
Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.
F4889
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
13
A designation under this section shall cease to have effect—
a
if the designated person ceases to be an employee of the contractor; or
b
if the contract between the F308local policing body and the contractor is terminated or expires.
40 Community safety accreditation schemes
1
The chief officer of police of any police force may, if he considers that it is appropriate to do so for the purposes specified in subsection (3), establish and maintain a scheme (“a community safety accreditation scheme”).
2
A community safety accreditation scheme is a scheme for the exercise in the chief officer’s police area by persons accredited by him under section 41 of the powers conferred by their accreditations under that section.
3
Those purposes are—
a
contributing to community safety and security; and
b
in co-operation with the police force for the area, combatting crime and disorder, public nuisance and other forms of anti-social behaviour.
4
Before establishing a community safety accreditation scheme for his police area, a chief officer of any police force (other than the Commissioner of Police of the Metropolis) must consult with—
a
the F312local policing body maintaining that force, and
b
every local authority any part of whose area lies within the police area.
5
Before establishing a community safety accreditation scheme for the metropolitan police district, the Commissioner of Police of the Metropolis must consult with—
F313a
the Mayor's Office for Policing and Crime;
b
the Mayor of London; and
c
every local authority any part of whose area lies within the metropolitan police district.
6
In subsections (4)(b) and (5)(c) “local authority” means—
a
in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and
b
in relation to Wales, a county council or a county borough council.
C1037
Every F309police and crime plan under section 5 or 6 of the Police Reform and Social Responsibility Act 2011 which is issued after the commencement of this section, F310... must set out—
a
whether a community safety accreditation scheme is maintained for the police area in question;
b
if not, whether there is any proposal to establish such a scheme for that area during the period to which the plan relates;
c
particulars of any such proposal or of any proposal to modify during that period any community safety accreditation scheme that is already maintained for that area;
C116d
the extent (if any) of any arrangements for provisions specified in Schedule 4 to be applied to designated persons employed by the F311local policing body; and
e
the respects in which any community safety accreditation scheme that is maintained or proposed will be supplementing those arrangements during the period to which the plan relates.
8
A community safety accreditation scheme must contain provision for the making of arrangements with employers who—
a
are carrying on business in the police area in question, or
b
are carrying on business in relation to the whole or any part of that area or in relation to places situated within it,
for those employers to supervise the carrying out by their employees of the community safety functions for the purposes of which powers are conferred on those employees by means of accreditations under section 41.
9
It shall be the duty of a chief officer of police who establishes and maintains a community safety accreditation scheme to ensure that the employers of the persons on whom powers are conferred by the grant of accreditations under section 41 have established and maintain satisfactory arrangements for handling complaints relating to the carrying out by those persons of the functions for the purposes of which the powers are conferred.
41 Accreditation under community safety accreditation schemes
1
This section applies where a chief officer of police has, for the purposes of a community safety accreditation scheme, entered into any arrangements with any employer for or with respect to the carrying out of community safety functions by employees of that employer.
2
The chief officer of police may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to any employee of the employer.
3
Schedule 5 (which sets out the powers that may be conferred on accredited persons) shall have effect.
4
A chief officer of police shall not grant accreditation to a person under this section unless he is satisfied—
a
that that person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted;
b
that the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation;
c
that that person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him; and
d
that that person has received adequate training for the exercise of those powers.
F764A
A chief officer of police may not grant accreditation under this section to a weights and measures inspector.
5
A chief officer of police may charge such fee as he considers appropriate for one or both of the following—
a
considering an application for or for the renewal of an accreditation under this section;
b
granting such an accreditation.
6
A person authorised or required to do anything by virtue of an accreditation under this section—
a
shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his employment by the employer with whom the chief officer of police has entered into the arrangements mentioned in subsection (1); and
b
shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.
7
An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation; but it may be renewed at any time with effect from the time when it would otherwise expire.
8
An accreditation under this section shall cease to have effect—
a
if the accredited person ceases to be an employee of the person with whom the chief officer of police has entered into the arrangements mentioned in subsection (1); or
b
if those arrangements are terminated or expire.
41AF99Accreditation of weights and measures inspectors
1
The chief officer of police of any police force may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to a weights and measures inspector.
2
A weights and measures inspector to whom an accreditation under this section is granted by a chief officer of police may exercise the powers conferred by the accreditation in the chief officer's police area.
3
Schedule 5A (which sets out the powers that may be conferred on inspectors accredited under this section) shall have effect.
4
A chief officer of police shall not grant accreditation to a weights and measures inspector under this section unless he is satisfied that—
a
the inspector is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation; and
b
the inspector has received adequate training for the exercise of those powers.
5
A chief officer of police may charge such fee as he considers appropriate for one or both of the following—
a
considering an application for or for the renewal of an accreditation under this section;
b
granting an accreditation under this section.
6
A weights and measures inspector authorised or required to do anything by virtue of an accreditation under this section—
a
shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his duties as a weights and measures inspector; and
b
shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.
7
An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation, but it may be renewed at any time with effect from the time when it would otherwise expire.
8
An accreditation under this section shall cease to have effect if the accredited inspector ceases to hold office as a weights and measures inspector.
41BF100Power to apply accreditation provisions
1
The Secretary of State may by order provide for section 41A and any other provision of this Chapter relating to accredited inspectors to apply (with or without modification) in relation to persons of a description specified in the order.
2
The provision which may be made by an order under this section includes such modifications of other enactments as appear to the Secretary of State to be necessary or appropriate.
3
No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
42C45 Supplementary provisions relating to designations and accreditations
F516A1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F516B1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F516C1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 F318, 38B or 39 or his accreditation under section 41 F77or 41A, or who purports to do so, shall produce that designation or accreditation to that person, if requested to do so.
F5331A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A power exercisable by any person in reliance on his designation by a chief officer of police under section 38 or 39 or his accreditation under section 41 shall F78, subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—
a
determined or approved for the purposes of this Chapter by the chief officer of police who granted the designation or accreditation; and
b
identified or described in the designation or accreditation;
and, in the case of an accredited person, such a power shall be exercisable only if he is also wearing such badge as may be specified for the purposes of this subsection by the Secretary of State, and is wearing it in such manner, or in such place, as may be so specified.
F3142ZA
A power exercisable by any person in reliance on a designation under section 38B by the chief officer of police of the assisted force shall, subject to subsection (2A), be exercisable only by a person wearing such uniform as may be—
a
determined or approved for the purposes of this Chapter by the chief officer of police of the assisting police force; and
b
identified or described in the designation.
In this subsection, “assisted force” and “assisting force” have the same meanings as in section 38B.
F792A
A police officer of or above the rank of inspector may direct a particular F534policing support officer or policing support volunteer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) F316or (2ZA) shall not apply in relation to that F534policing support officer or policing support volunteer for the purposes of that operation.
2B
In subsection (2A), F535 “policing support officer” and “policing support volunteer” mean (respectively) a person designated as a policing support officer or (as the case may be) a policing support volunteer under section 38 F317(in relation to subsection (2)) or section 38B (in relation to subsection (2ZA)) by the chief officer of police of the same force as the officer giving the direction.
3
A chief officer of police who has granted a designation or accreditation to any person under section 38 F319, 38B, 39 or 41 F80or an accreditation to any weights and measures inspector under section 41A may at any time, by notice to the designated or accredited person F81or the accredited inspector, modify or withdraw that designation or accreditation.
F824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Where any person’s designation under section 39 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the contractor responsible for supervising that person in the carrying out of the functions for the purposes of which the designation was granted.
6
Where any person’s accreditation under section 41 is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the employer responsible for supervising that person in the carrying out of the functions for the purposes of which the accreditation was granted.
F836A
Where the accreditation of a weights and measures inspector under section 41A is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the local weights and measures authority by which the inspector was appointed.
C104C1157
For the purposes of determining liability for the unlawful conduct of employees of a F320chief officer of police or local policing body, conduct by such an employee in reliance or purported reliance on a designation under section 38 shall be taken to be conduct in the course of his employment by the F320chief officer of police or local policing body; and, in the case of a tort, F321that chief officer or body shall fall to be treated as a joint tortfeasor accordingly.
F3157A
For the purposes of determining liability for the unlawful conduct of a civilian employee of a police force (within the meaning of section 38B), conduct by such an employee in reliance or purported reliance on a designation under section 38B shall be taken to be conduct in the course of the employee's employment by the employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.
F5367B
For the purposes of determining liability for the unlawful conduct of police volunteers designated under section 38, conduct by such a volunteer in reliance or purported reliance on a designation under that section is to be taken to be conduct by that person in the course of employment by the chief officer of police by whom the designation is made; and, in the case of a tort, that chief officer is to be treated as a joint tortfeasor accordingly.
7C
For the purposes of determining liability for the unlawful conduct of police volunteers designated under section 38, conduct by such a volunteer in reliance or purported reliance on a designation under section 38B is to be taken to be conduct by that person in the course of employment by the chief officer of police by whom the designation under section 38 is made; and, in the case of a tort, that chief officer is to be treated as a joint tortfeasor accordingly.
F828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
For the purposes of determining liability for the unlawful conduct of employees of a contractor (within the meaning of section 39), conduct by such an employee in reliance or purported reliance on a designation under that section shall be taken to be conduct in the course of his employment by that contractor; and, in the case of a tort, that contractor shall fall to be treated as a joint tortfeasor accordingly.
10
For the purposes of determining liability for the unlawful conduct of employees of a person with whom a chief officer of police has entered into any arrangements for the purposes of a community safety accreditation scheme, conduct by such an employee in reliance or purported reliance on an accreditation under section 41 shall be taken to be conduct in the course of his employment by that employer; and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor accordingly.
F8411
For the purposes of determining liability for the unlawful conduct of weights and measures inspectors, conduct by such an inspector in reliance or purported reliance on an accreditation under section 41A shall be taken to be conduct in the course of his duties as a weights and measures inspector; and, in the case of a tort, the local weights and measures authority by which he was appointed shall fall to be treated as a joint tortfeasor accordingly.
C4643 Railway safety accreditation scheme
1
The Secretary of State may make regulations for the purpose of enabling the chief constable of the British Transport Police Force to establish and maintain a scheme (“a railway safety accreditation scheme”).
F852
A railway safety accreditation scheme is a scheme for the exercise, within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in England and Wales, by persons accredited by the chief constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their accreditation under that scheme.
3
The regulations may make provision—
a
as to the purposes for which a railway safety accreditation scheme may be established;
b
as to the procedure to be followed in the establishment of such a scheme; and
c
as to matters for which such a scheme must contain provision.
4
The regulations may make provision as to the descriptions of persons who may be accredited under a railway safety accreditation scheme and as to the procedure and criteria to be applied for the grant of any accreditation under such a scheme.
5
The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.
6
Subject to subsection (7), no regulations made by virtue of subsection (5) shall permit a power to be conferred on a person accredited under a railway safety accreditation scheme which could not be conferred on an accredited person under a community safety accreditation scheme.
7
The regulations may provide that the powers which may be conferred on a person by an accreditation under a railway safety accreditation scheme include the powers of a constable F413... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices) in respect of the following offences—
a
an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);
b
an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).
8
In relation to a person accredited under a railway safety accreditation scheme, the regulations may apply, with such modifications as may be prescribed by them, any provision of this Chapter which applies in relation to an accredited person.
9
Before making regulations under this section the Secretary of State shall consult with—
a
F511the National Police Chiefs' Council;
b
the chief constable of the British Transport Police Force;
F322c
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
ca
the Mayor's Office for Policing and Crime;
cb
the Common Council of the City of London; and
d
the F86British Transport Police Authority ;
e
persons whom he considers to represent the interests of local authorities;
f
the Mayor of London; and
g
such other persons as he thinks fit.
10
In this section—
“local authorities” means district councils, London borough councils, county councils in Wales, county borough councils and the Common Council of the City of London; and
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82744 Removal of restriction on powers conferred on traffic wardens
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53745 Code of practice relating to chief officers’ powers under Chapter 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46C47 Offences against designated and accredited persons etc.
1
Any person who assaults—
a
a designated person in the execution of his duty,
b
an accredited person in the execution of his duty,
F88ba
an accredited inspector in the execution of his duty, or
c
a person assisting a designated or accredited person F89or an accredited inspector in the execution of his duty,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
2
Any person who resists or wilfully obstructs—
a
a designated person in the execution of his duty,
b
an accredited person in the execution of his duty,
F90ba
an accredited inspector in the execution of his duty, or
c
a person assisting a designated or accredited person F89or an accredited inspector in the execution of his duty,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.
3
Any person who, with intent to deceive—
a
impersonates a designated person F91, an accredited person or an accredited inspector ,
b
makes any statement or does any act calculated falsely to suggest that he is a designated person F92, that he is an accredited person or that he is an accredited inspector , or
c
makes any statement or does any act calculated falsely to suggest that he has powers as a designated or accredited person F93or as an accredited inspector that exceed the powers he actually has,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
4
In this section references to the execution by a designated person F94, accredited person or accredited inspector of his duty are references to his exercising any power or performing any duty which is his by virtue of his designation or accreditation.
F3235
References in this section to a designated person are to—
a
a designated person within the meaning given by section 47(1), and
b
a person in relation to whom a designation under section 38B is for the time being in force.
47C48 Interpretation of Chapter 1
1
In this Chapter—
F95“accredited inspector” means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force;
“accredited person” means a person in relation to whom an accreditation under section 41 is for the time being in force;
“community safety functions” means any functions the carrying out of which would be facilitated by the ability to exercise one or more of the powers mentioned in Schedule 5;
“conduct” includes omissions and statements;
“designated person” means a person in relation to whom a designation under section 38 or 39 is for the time being in force;
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98“weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.
2
In this Chapter—
a
references to carrying on business include references to carrying out functions under any enactment; and
b
references to the employees of a person carrying on business include references to persons holding office under a person, and references to employers shall be construed accordingly.
Chapter 2Provisions modifying and supplementing police powers
Powers of arrest
48 Offences for which a person may be arrested without a warrant
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Power of arrest in relation to failure to stop a vehicle
1
F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In section 17(1)(c) of the 1984 Act (power of entry to effect arrest for certain offences), after sub-paragraph (iii) there shall be inserted—
iiia
section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform);
3
This section has no effect in relation to offences committed before its commencement.
Power to require name and address
50Persons F503engaging in anti-social behaviour
1
F4821A
In subsection (1) “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).
2
Any person who—
a
fails to give his name and address when required to do so under subsection (1), or
b
gives a false or inaccurate name or address in response to a requirement under that subsection,
is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Persons in police detention
51 Independent custody visitors for places of detention
1
Every F326local policing body shall—
a
make arrangements for detainees to be visited by persons appointed under the arrangements (“independent custody visitors”); and
b
keep those arrangements under review and from time to time revise them as they think fit.
F4161A
Every F462local policing body must ensure—
a
that the arrangements made by it require independent custody visitors to prepare and submit to it a report of any visit made under the arrangements to a suspected terrorist detainee, and
b
that a copy of any report submitted under paragraph (a) is given to the person appointed under section 36(1) of the Terrorism Act 2006 (independent reviewer of terrorism legislation).
2
The arrangements must secure that the persons appointed under the arrangements are independent of both—
a
the F327local policing body; and
b
the chief officer of police of the police force maintained by F328that body.
3
The arrangements may confer on independent custody visitors such powers as the F325local policing body considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers—
a
to require access to be given to each police station;
b
to examine records relating to the detention of persons there;
F418ba
in relation to suspected terrorist detainees, to listen to the audio recordings and view the video recordings (with or without sound) of interviews with those detainees which have taken place during their detention there and which were conducted by a constable;
c
to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
d
to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.
F4173A
The arrangements may include provision for access to the whole or part of an audio or video recording of an interview of the kind mentioned in subsection (3)(ba) to be denied to independent custody visitors if—
a
it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
b
the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
c
the procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.
3B
Grounds are not to be specified in any arrangements for the purposes of subsection (3A)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
4
The arrangements may include provision for access to a detainee to be denied to independent custody visitors if—
a
it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
b
the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
c
the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.
5
Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
6
The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by F329local policing bodies and independent custody visitors of their functions under the arrangements.
7
Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—
F103F324a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council of the City of London;
b
F512the National Police Chiefs' Council; and
c
such other persons as he thinks fit.
8
The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
9
F330Local policing bodies and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.
F41910
In this section—
“detainee”, in relation to arrangements made under this section, means a person detained in a police station in the police area of the F461local policing body;
“suspected terrorist detainee” means a detainee detained under section 41 of the Terrorism Act 2000.
52 Detention reviews for detained persons who are asleep
1
In section 40 of the 1984 Act (review of police detention), in subsection (8) for the words from “the substitution” to the end there shall be substituted “
the modifications specified in subsection (8A)
”
.
2
After that subsection there shall be inserted—
8A
The modifications are—
a
the substitution of references to the person whose detention is under review for references to the person arrested;
b
the substitution of references to the review officer for references to the custody officer; and
c
in subsection (6), the insertion of the following paragraph after paragraph (a)—
“
asleep;”
3
In subsection (10) of that section—
a
for “(6)” there shall be substituted “
(6B)
”
; and
b
for the words from “the substitution” to the end there shall be substituted “
the modifications specified in subsection (10A)
”
.
4
After that subsection there shall be inserted—
10A
The modifications are—
a
the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and
b
in subsection (5), the insertion of the following paragraph after paragraph (a)—
“
asleep;”
53 Persons suspected of offences connected with transport systems
1
In section 34(6) of the 1984 Act (persons treated as arrested for an offence), after “1988” there shall be inserted “
or section 30(2) of the Transport and Works Act 1992 (c. 42)
”
.
2
In section 62(11) of that Act (provisions of the Road Traffic Act 1988 (c. 52) relating to the taking of specimens not to be affected by provisions of that section)—
a
for “affects” there shall be substituted “
applies to the taking of a specimen for the purposes of any of the provisions of
”
; and
b
after “Road Traffic Act 1988” there shall be inserted “
or of sections 26 to 38 of the Transport and Works Act 1992
”
.
Blood specimens
I854 Persons authorised to take intimate samples from persons in police detention
1
For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—
9
In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
9A
In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—
a
a registered medical practitioner; or
b
a registered health care professional.
2
In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of “registered dentist” there shall be inserted—
“registered health care professional” means a person (other than a medical practitioner) who is—
a
a registered nurse; or
b
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;
3
After that subsection, there shall be inserted—
1A
A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
1B
An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I955 Extension of role of health care professionals
1
In subsection (4) of section 7 of the Road Traffic Act 1988 (constable to decide if specimen is of blood or urine) for the words from “shall be decided” onwards there shall be substituted “
and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirement
”
.
2
After that subsection there shall be inserted—
4A
Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—
a
the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or
b
the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;
and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.
3
In subsection (2) of section 11 of that Act (interpretation of sections 3A to 10 of that Act), after the definition of “prescribed limit” there shall be inserted—
“registered health care professional” means a person (other than a medical practitioner) who is—
a
a registered nurse; or
b
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
4
After that subsection there shall be inserted—
2A
A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
2B
An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
For subsection (4) of that section there shall be substituted—
4
A person provides a specimen of blood if and only if—
a
he consents to the taking of such a specimen from him; and
b
the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.
56 Specimens taken from persons incapable of consenting
1
After section 7 of the Road Traffic Act 1988 (c. 52) there shall be inserted—
7A Specimens of blood taken from persons incapable of consenting
1
A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—
a
that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;
b
it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;
c
it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and
d
it appears to that constable that that person’s incapacity is attributable to medical reasons.
2
A request under this section—
a
shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
b
shall not be made to a medical practitioner other than a police medical practitioner unless—
i
it is not reasonably practicable for the request to made to a police medical practitioner; or
ii
it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.
3
It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit—
a
to take a specimen of blood from the person concerned irrespective of whether that person consents; and
b
to provide the sample to a constable.
4
If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
a
has been informed that it was taken; and
b
has been required by a constable to give his permission for a laboratory test of the specimen; and
c
has given his permission.
5
A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.
6
A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.
7
In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.
2
In section 9 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—
1A
While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—
a
has been notified of the proposal to take the specimen or to make the requirement; and
b
has not objected on the ground specified in subsection (2).
2
The ground on which the medical practitioner may object is—
a
in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and
b
in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.
3
In section 34(3) of the Road Traffic Offenders Act 1988 (c. 53) (disqualification for certain offences where offender has previous conviction)—
a
the word “and” at the end of paragraph (b) shall be omitted; and
b
after paragraph (c) there shall be inserted—
d
section 7A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification;
4
In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which sections 1, 11 and 12(1) of that Act apply), in the Table, after the entry beginning “RTA section 7” there shall be inserted—
RTA section 7A
Failing to allow specimen of blood to be subjected to laboratory test
Sections 11 and 12(1).
5
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 7” there shall be inserted—
RTA section 7A
Failing to allow specimen to be subjected to laboratory test
Summarily
(a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.
(b) In any other case, 3 months or level 4 on the standard scale or both
(a) Obligatory in the case mentioned in column 4(a)
(b) Discretionary in any other case
Obligatory
3-11, in case ment-ioned in column 4(a)
10, in any other case.
F10566
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1057 Use of specimens taken from persons incapable of consenting
1
In subsection (2) of section 15 of the Road Traffic Offenders Act 1988 (c. 53) (evidence of blood alcohol level)—
a
after “provided by” there shall be inserted “
or taken from
”
; and
b
after the word “provided”, in the second place where it occurs, there shall be inserted “
or taken
”
.
2
In subsection (3)(a) of that section (rebutting the assumption in subsection (2)), after “provided the specimen” there shall be inserted “
or had it taken from him
”
.
3
In subsection (4) of that section (circumstances in which a specimen of blood is to be disregarded), for the words from “unless” to the end there shall be substituted
unless—
a
it was taken from the accused with his consent and either—
i
in a police station by a medical practitioner or a registered health care professional; or
ii
elsewhere by a medical practitioner;
or
b
it was taken from the accused by a medical practitioner under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.
4
After subsection (5) of that section, there shall be inserted—
5A
Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—
a
the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
b
any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
5
In subsection (1) of section 16 of that Act (documentary evidence as to specimens), after “15(5)” there shall be inserted “
and (5A)
”
.
6
In subsection (2) of that section (documentary evidence as to consent), after the words “medical practitioner”, in both places where they occur, there shall be inserted “
or a registered health care professional
”
.
I1158 Equivalent provision for offences connected with transport systems
1
In subsection (6) of section 31 of the Transport and Works Act 1992 (c. 42)
(constable to decide if specimen is of blood or urine), for the words from “shall be decided” onwards there shall be substituted “
and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (6A)) by the constable making the requirement
”
.
2
After that subsection there shall be inserted—
6A
Where a constable decides for the purposes of subsection (6) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—
a
the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or
b
the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner,
and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.
3
After subsection (9) of that section there shall be inserted—
9A
In this section “health care professional” means a person (other than a medical practitioner) who is—
a
a registered nurse; or
b
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
9B
A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
9C
An order under subsection (9A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
After section 31 of that Act there shall be inserted—
31A Specimens of blood taken from persons incapable of consenting
1
A constable may make a request to a medical practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—
a
that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 33) be entitled under section 31 to require the provision of a specimen of blood for a laboratory test;
b
it appears to that constable that that person has been involved in—
i
an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; or
ii
a dangerous incident (within the meaning given by section 29(3)) that constitutes or is comprised in that matter or those circumstances;
c
it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and
d
it appears to that constable that that person’s incapacity is attributable to medical reasons.
2
A request under this section—
a
shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
b
shall not be made to a medical practitioner other than a police medical practitioner unless—
i
it is not reasonably practicable for the request to made to a police medical practitioner; or
ii
it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.
3
It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit—
a
to take a specimen of blood from the person concerned irrespective of whether that person consents; and
b
to provide the sample to a constable.
4
If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
a
has been informed that it was taken; and
b
has been required by a constable to give his permission for a laboratory test of the specimen; and
c
has given his permission.
5
A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission, may render him liable to prosecution.
6
A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.
7
In this section “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force.
5
In section 33 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—
1A
While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 31A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—
a
has been notified of the proposal to take the specimen or to make the requirement; and
b
has not objected on the ground specified in subsection (2).
2
The ground on which the medical practitioner may object is—
a
in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 31(9) of this Act would be prejudicial to the proper care and treatment of the patient; and
b
in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 31A(5) of this Act would be so prejudicial.
6
In subsection (1)(a) of section 34 of that Act (evidence of blood alcohol level) after “provided by” there shall be inserted “
or taken from
”
.
7
In subsection (2)(a) of that section (rebutting the assumption in subsection (1)(b)), after “provided the specimen” there shall be inserted “
or had it taken from him
”
.
8
After subsection (3) of that section there shall be substituted—
3A
Where a specimen of blood was taken from the accused under section 31A, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution in the proceedings unless—
a
the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and
b
any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.
9
In section 35(3) of that Act (documentary evidence as to consent) after the words “practitioner”, in both places where it occurs, there shall be inserted “
or a registered health care professional
”
.
10
After subsection (2) of section 38 of that Act (interpretation of Chapter 1 of Part 2 of that Act) there shall be inserted—
2A
In this Chapter “registered health care professional” means a person (other than a medical practitioner) who is—
a
a registered nurse; or
b
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.
2B
A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
2C
An order under subsection (2A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
11
For subsection (5) of that section there shall be substituted—
5
For the purposes of this Chapter, a person provides a specimen of blood if and only if—
a
he consents to the taking of such a specimen from him; and
b
the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.
Seizure of motor vehicles
59 Vehicles used in manner causing alarm, distress or annoyance
1
Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
a
contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
b
is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
he shall have the powers set out in subsection (3).
2
A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).
3
Those powers are—
a
power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
b
power to seize and remove the motor vehicle;
c
power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;
d
power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c).
4
A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—
a
he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
b
it appears to him that the use has continued or been repeated after the warning.
5
Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
a
the circumstances make it impracticable for him to give the warning;
b
the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
c
the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
d
the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
6
A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
7
Subsection (3)(c) does not authorise entry into a private dwelling house.
8
The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
9
In this section—
“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
60 Retention etc. of vehicles seized under section 59
1
The Secretary of State may by regulations make provision as to—
a
the removal and retention of motor vehicles seized under section 59; and
b
the release or disposal of such motor vehicles.
2
Regulations under subsection (1) may, in particular, make provision—
a
for the giving of notice of the seizure of a motor vehicle under section 59 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;
b
for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released;
c
for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;
d
as to the circumstances in which a motor vehicle seized under section 59 may be disposed of;
e
as to the destination—
i
of any fees or charges payable in accordance with the regulations; and
ii
of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;
f
for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 59.
3
Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—
a
the use by reference to which the motor vehicle in question was seized was not a use by him; and
b
he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.
4
In this section—
“local authority”—
- a
in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London or Transport for London; and
- b
in relation to Wales, means the council of a county or county borough;
- a
“motor vehicle” has the same meaning as in section 59.
Anti-social behaviour
F48161 Anti-social behaviour orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48162 Power of Secretary of State to add to relevant authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48163 Orders in county court proceedings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48164 Orders on conviction in criminal proceedings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F481I1265 Interim orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F481I1366 Consultation requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex offenders
67 Sex offenders: England and Wales
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 Interim orders for sex offenders: England and Wales
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69 Sex offender orders made in Scotland or Northern Ireland
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Sex offenders: Scotland
F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71 Sex offender orders made in England and Wales or Northern Ireland
F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 Sex offenders: Northern Ireland
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Interim orders for sex offenders: Northern Ireland
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Sex offender orders made in England and Wales or Scotland
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The British Transport Police
75 Removal of truants to designated places
1
In section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated place), after subsection (3) there shall be inserted—
3A
The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to—
a
any area in or in the vicinity of any policed premises; or
b
the whole or any part of any such premises;
and references in subsection (3) to the specified area shall have effect accordingly.
2
In subsection (5) of that section (interpretation)—
a
before the definition of “local authority” there shall be inserted—
“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
and
b
after the definition of “local authority” there shall be inserted—
“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;
76 Amendments to Part 3 of the Road Traffic Offenders Act 1988
1
Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties) shall be amended as follows.
F10612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 75(1) (conditional offers in England and Wales), at the end there shall be inserted “or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.”
F1124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In section 87 (guidance from the Secretary of State), after “areas” there shall be inserted “
and to the chief constable of the British Transport Police
”
.
6
In section 89 (interpretation of Part 3), after the definition of “authorised person” there shall be inserted—
“British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);
Property in possession of NCS
77 Application of the Police (Property) Act 1897 to NCS
1
After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—
2A Application to NCS
1
This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.
2
In relation to property that has come into the possession of the National Crime Squad—
a
the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and
b
references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad.
3
The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—
a
the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and
b
the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.
2
In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—
2B
The relevant authority for the purposes of subsection (2A) is the police authority.
Part 5The Ministry of Defence Police
78 Ministry of Defence police serving with other forces
After section 2A of the Ministry of Defence Police Act 1987 (c. 4) (provision of assistance to other forces) there shall be inserted—
2B Constables serving with other forces
1
This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police.
2
The member of the Ministry of Defence Police—
a
shall be under the direction and control of the chief officer of the relevant force; and
b
shall have the same powers and privileges as a member of that force.
3
In this section—
“British Transport Police Force” has the same meaning as in section 2 above;
“chief officer” means—
- a
any chief officer of police of a police force for a police area in Great Britain;
- b
the chief constable of the Police Service of Northern Ireland;
- c
the Director General of the National Criminal Intelligence Service;
- d
the Director General of the National Crime Squad;
- e
the chief constable of the British Transport Police Force; or
- f
the chief constable of the United Kingdom Atomic Energy Authority Constabulary;
“relevant force” means—
- a
any police force for a police area in Great Britain;
- b
the Police Service of Northern Ireland;
- c
the National Criminal Intelligence Service;
- d
the National Crime Squad;
- e
the British Transport Police Force; or
- f
the United Kingdom Atomic Energy Authority Constabulary;
“United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.
79 Disciplinary matters
1
After section 3 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—
3A Regulations relating to disciplinary matters
1
The Secretary of State shall by regulations made by statutory instrument establish, or make provision for the establishment of, procedures for cases in which a member of the Ministry of Defence Police may be dealt with by suspension, dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.
2
The regulations may provide—
a
for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead—
i
by a person or persons appointed in accordance with the regulations; or
ii
by the Ministry of Defence Police Committee;
and
b
for decisions taken by or on behalf of the Secretary of State or the chief constable of the Ministry of Defence Police to be reviewed by a person or persons appointed by or in accordance with the regulations.
3
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons; or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
4
Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
After section 4 of that Act there shall be inserted—
4A Appeals against dismissal etc.
1
Subject to subsection (2) below, a member of the Ministry of Defence Police who is dismissed, required to resign or reduced in rank by a decision taken—
a
in proceedings under regulations made in accordance with section 3A above, or
b
in proceedings for the purposes of any procedures established in accordance with an agreement or order under section 60 of the Police (Northern Ireland) Act 1998 (c. 32),
may appeal to an appeals tribunal.
2
Subsection (1) above does not apply in the case of a person who has a right to apply to some other person for a review of the decision; and in that case that person may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.
3
The Secretary of State may by regulations made by statutory instrument—
a
make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77);
b
make provision as to procedure on appeals to appeals tribunals under this section; and
c
make provision enabling an appeals tribunal to require any person to attend a hearing and to give evidence or produce documents.
4
Regulations made by virtue of subsection (3)(c) above may, in particular, apply subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) or subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) with such modifications as may be set out in the regulations.
5
Where an appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way which—
a
appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and
b
is a way in which he could have been dealt with by the person who made the decision.
6
Any statutory instrument containing regulations under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7
In this section “an appeals tribunal” means a tribunal constituted in accordance with regulations under subsection (3) above.
3
In section 1 of that Act (establishment of Ministry of Defence Police), for subsection (5) there shall be substituted—
5
The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee—
a
to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and
b
to exercise such other functions as may be conferred on it by or under this Act;
and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.
4
After section 6 of that Act there shall be inserted—
6A Powers to make regulations
Any power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes.
80 Functions of inspectors of constabulary
Before section 5 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—
4B Functions of inspectors of constabulary
1
The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police.
2
The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection.
3
A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police.
4
The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.
5
Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection.
6
In this section—
“the inspectors of constabulary” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16);
“the Scottish inspectors” means the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 (c. 77).
4C Publication of reports
1
Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate.
2
The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part—
a
would be against the interests of national security; or
b
might jeopardise the safety of any person.
3
The Secretary of State shall—
a
send a copy of the published report to the chief constable of the Ministry of Defence Police; and
b
invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify.
4
The Secretary of State shall arrange for—
a
any comments submitted by the chief constable in accordance with subsection (3) above, and
b
any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable,
to be published in such manner as he considers appropriate.
81 Exemptions from firearms legislation
1
After section 16A of the Firearms (Amendment) Act 1988 (c. 45) there shall be inserted—
16B Possession of firearms on Ministry of Defence Police premises
1
A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment.
2
In this section “relevant premises” means premises used for any purpose of the Ministry of Defence Police.
2
F113After Article 12A of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) there is inserted—
Possession of firearms on Ministry of Defence Police premises12B
1
A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 6, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment.
2
In this Article “relevant premises” means premises used for any purpose of the Ministry of Defence Police.
Part 6Miscellaneous
Appointment and attestation of police officers etc.
I14C4982 Nationality requirements applicable to police officers etc.
1
Irrespective of his place of birth, a person of any nationality may be—
a
a member of a police force maintained for any police area in England and Wales F410...;
F407aa
a constable of the Police Service of Scotland;
b
a member of the Police Service of Northern Ireland or of the Police Service of Northern Ireland Reserve;
c
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
a member of the British Transport Police Force;
f
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
a special constable;
and, accordingly, irrespective of his place of birth such a person may be attested or appointed, and hold office, as a constable.
2
Subsection (1) is subject to any provision falling within subsection which relates to qualification for appointment as a constable or as a special constable or for membership of, or for particular ranks, offices or positions with—
a
any force or constabulary; F408...
F409aa
the Police Service of Scotland; or
b
the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; F118. . .
c
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Provision falls within this subsection if it is—
a
provision made by regulations made under section 50 or 51 of the 1996 Act (regulations for police constables and for special constables);
b
provision made by regulations made under F411section 48 of the Police and Fire Reform (Scotland) Act 2012 (governance and administration of police);
c
provision made under section 25 or 26 of the Police (Northern Ireland) Act 1998 (c. 32) (regulations for police constables and for the constables in the Police Service of Northern Ireland Reserve); F119and
d
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
provision given effect to by any arrangements made for the purpose of regulating appointment to membership of the British Transport Police Force, F121or the Civil Nuclear Constabulary, or to particular ranks or positions with that Force or Constabulary.
4
Without prejudice to the generality of any power conferred apart from this section, the provision falling within subsection (3) that may be made by any such regulations, terms and conditions or arrangements as are mentioned in that subsection may include provision imposing any of the following requirements—
a
requirements with respect to the competence in written and spoken English of candidates for appointment;
b
requirements with respect to the immigration status of such candidates;
c
requirements with respect to nationality in the case of particular ranks, offices or positions;
and, in a case where the power to make provision with respect to qualification for appointment as a constable or as a special constable, or for membership of a force F122or Service , is exercisable by any such regulations as are mentioned in that subsection, the regulations made must impose requirements with respect to all the matters mentioned in paragraphs (a) and (b).
5
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83 Attestation of constables
For Schedule 4 to the 1996 Act there shall be substituted—
SCHEDULE 4 Form of Declaration
’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’
84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Director General of NCIS
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86 Police members of NCIS
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 Police members of NCS
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88 Regulations for NCIS
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Regulations for NCS
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Supplementary provisions about police membership of NCIS
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91 Supplementary provisions about police membership of NCS
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bodies with functions in relation to the police
I1592 Police authorities to produce three-year strategy plans
1
After section 6 of the 1996 Act there shall be inserted—
6A Three-year strategy plans
1
Every police authority maintaining a police force for a police area in England and Wales shall, before the beginning of every relevant three-year period, issue a plan (“a three-year strategy plan”) which sets out the authority’s medium and long term strategies for the policing of that area during that period.
2
Before a three-year strategy plan for any period is issued by a police authority, a draft of a plan setting out medium and long term strategies for the policing of the authority’s area during that period must have been—
a
prepared by the chief officer of police of the police force maintained by that authority; and
b
submitted by him to the police authority for its consideration.
3
In preparing the draft plan, the chief officer of police of a police force shall have regard to the views, obtained in accordance with arrangements under section 96, of people in the police area in question.
4
A police authority which has issued a three-year strategy plan for any period may modify that plan at any time during that period.
5
It shall be the duty, in issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, of every police authority or chief officer of police to have regard to the National Policing Plan in force at that time.
6
The Secretary of State —
a
shall issue guidance to police authorities and chief officers of police as to the matters to be contained in any three-year strategy plan, and as to the form to be taken by any such plan; and
b
may from time to time revise and modify that guidance;
and it shall be the duty of every police authority and chief officer of police to take account of any guidance under this subsection when issuing, preparing or modifying any such plan or any draft plan prepared for the purposes of subsection (2).
7
Before issuing or revising any guidance under subsection (6) the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
8
A police authority which is proposing to issue or modify any plan under this section shall submit that plan, or the modifications, to the Secretary of State.
9
Where a police authority issues a three-year strategy plan or modifies such a plan, it shall—
a
send a copy of the plan or the modified plan to the Secretary of State; and
b
cause the plan or modified plan to be published;
and the copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them.
10
If the Secretary of State considers that there are grounds for thinking that—
a
a police authority’s three-year strategy plan, or
b
any proposals by a police authority for such a plan, or for the modification of such a plan,
may not be consistent with any National Policing Plan applicable to a financial year wholly or partly comprised in the period to which the strategy plan applies, he shall, before informing the police authority of his conclusions on whether or not it is in fact so inconsistent, consult with the persons mentioned in subsection (11).
11
Those persons are—
a
the police authority in question;
b
the chief officer of police of the police force maintained by that authority;
c
persons whom the Secretary of State considers to represent the interests of police authorities; and
d
persons whom the Secretary of State considers to represent the interests of chief officers of police.
12
Before a police authority—
a
issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the chief officer of police of the force maintained by that authority, or
b
modifies its three-year strategy plan,
it shall consult with that chief officer.
13
Any best value performance plan prepared by a police authority under section 6 of the Local Government Act 1999 (c. 27) for any financial year must be consistent with any three-year strategy plan which sets out the authority’s current strategies for policing its area during any period which includes the whole or any part of that financial year.
14
The Secretary of State may by regulations make provision for—
a
the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section; and
b
the periods which are to constitute relevant three-year periods for the purposes of this section;
and those regulations may provide for a period of less than three years to be the first period treated as a relevant three-year period for the purposes of this section.
15
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
In section 8 of that Act (local policing plans), after subsection (2) there shall be inserted—
2A
The local policing plan for any financial year must be consistent with any three-year strategy plan under section 6A which sets out the authority’s current strategies for the policing of its area during any period which includes the whole or any part of that financial year.
3
In section 9(2) of that Act (annual report by police authorities to include assessment of extent to which local policing plan carried out), for the words from “the local policing plan” onwards there shall be substituted
, during that year proposals have been implemented, and things have been done, in accordance with the following plans—
a
the three-year strategy plan issued under section 6A for the period that includes that year; and
b
the local policing plan issued for that year under section 8.
93 Quorum for the Service Authorities under the 1997 Act
F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94 Expenses of members of police authorities etc.
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Duties under the Health and Safety at Work etc. Act 1974
F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51396 President of ACPO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1697 Crime and disorder reduction partnerships
1
The Crime and Disorder Act 1998 (c. 37) shall be amended as follows.
2
In section 5 (authorities responsible for strategies), in subsection (1), after paragraph (b) there shall be inserted—
c
every police authority any part of whose police area so lies;
d
every fire authority any part of whose area so lies;
e
if the local government area is in England, every Primary Care Trust the whole or any part of whose area so lies; and
f
if the local government area is in Wales, every health authority the whole or any part of whose area so lies.
3
After subsection (1) of that section there shall be inserted—
1A
The Secretary of State may by order provide in relation to any two or more local government areas in England—
a
that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and
b
that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.
1B
The Secretary of State shall not make an order under subsection (1A) above unless—
a
an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and
b
he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.
4
In subsection (2) of that section (consultation)—
a
for paragraphs (a) and (b) there shall be substituted—
b
every local probation board any part of whose area lies within the area;
b
at the end of paragraph (c) there shall be inserted
; and
d
where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;
5
In subsection (3) of that section, at the end there shall be inserted “and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.”
6
After subsection (4) of that section, there shall be inserted—
5
In this section—
“fire authority” means—
- a
any fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41);
- b
any metropolitan county fire and civil defence authority; or
- c
the London Fire and Emergency Planning Authority; and
“police authority” means—
- a
any police authority established under section 3 of the Police Act 1996 (c. 16); or
- b
the Metropolitan Police Authority.
7
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
In section 114—
a
in subsection (1)
(powers of Ministers exercisable by statutory instrument), after “Minister of the Crown” there shall be inserted “
or of the National Assembly for Wales
”
; and
b
in subsection (2)
(orders subject to negative resolution procedure), for “5(2) or (3) or 10(6) above, or” there shall be substituted “
5(1A), (2) or (3), 6A(1) or 10(6) above (other than one made by the National Assembly for Wales), or containing
”
.
14
In section 115(2) (authorities to which information may be disclosed for purposes connected with that Act), in paragraph (d)—
a
in sub-paragraph (i), after “London borough council” there shall be inserted “
, a parish council
”
; and
b
in sub-paragraph (ii), for “or a county borough council” there shall be substituted “
, a county borough council or a community council
”
.
15
Section 5(1) (as amended by subsection (2) shall have effect in relation to a local government area in England at any time when that area or a part of it comprises or contains an area that is not included in the area of a Primary Care Trust, as if the reference to a Primary Care Trust the whole or part of whose area lies within the local government area included a reference to any health authority or strategic health authority whose area comprises or includes the area for which there is no Primary Care Trust.
98 Secretary of State’s functions in relation to strategies
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 Power to modify functions and structure of PITO
F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100 Metropolitan Police Authority housing
1
In section 4(e) of the Housing Act 1985 (c. 68) (which defines local authorities for the purposes of the provisions of that Act, including those relating to secure tenancies), the words “the Metropolitan Police Authority” shall be omitted.
2
In paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (c. 50) (local authority tenancies that cannot be assured tenancies), the words “and the Metropolitan Police Authority” shall be omitted.
3
Nothing in subsection (1) or in any repeal made by this Act for the purposes of that subsection shall affect—
a
the operation of Part 5 of the Housing Act 1985 (c. 68) (the right to buy) in relation to any case in which a person who had acquired a right to buy under that Part before the day on which this Act is passed either—
i
had served a notice under section 122 of that Act (tenant’s notice claiming right to buy) on the Metropolitan Police Authority before that day; or
ii
serves such a notice on that Authority in the period of three months beginning with that day;
or
b
the extent to which, in any other case, any period falling before the day on which this Act is passed falls at any subsequent time to be treated as a period qualifying under any of the provisions of Schedule 4 to that Act.
4
A tenancy which becomes an assured tenancy by virtue of this section shall be an assured shorthold tenancy unless (whenever it was entered into) it—
a
falls within any of paragraphs 1 to 3 of Schedule 2A to the Housing Act 1988 (c. 50); or
b
was an assured tenancy, but not an assured shorthold tenancy, immediately before it became a secure tenancy.
101 Provision of goods and services by police authorities
For section 18 of the 1996 Act (supply of goods and services) there shall be substituted—
18 Supply of goods and services
1
Subsections (1) to (3) of section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39) (supply of goods and services by local authorities)—
a
shall apply, with the modification set out in subsection (2), to a police authority established under section 3 of this Act and to the Metropolitan Police Authority as they apply to a local authority; and
b
shall also apply with that modification in their application to the Common Council of the City of London in its capacity as the police authority for the City of London police force.
2
The modification is that references in those subsections to a public body shall be read as references to any person.
Liability for unlawful acts of constables etc.
I17102 Liability for wrongful acts of constables etc.
1
Each of the enactments specified in subsection (2) shall be amended as follows—
a
for the words “torts committed by”, in each place where they occur, there shall be substituted “
any unlawful conduct of
”
; and
b
for “in respect of any such tort” there shall be substituted “
, in the case of a tort,
”
.
2
The enactments are—
a
section 88(1) of the 1996 Act (liability of chief officers);
b
section 97(9) of that Act (liability of the Secretary of State);
c
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
section 27(8) of the Police (Northern Ireland) Act 1998 (c. 32) (liability of the Secretary of State);
f
section 29(1) of that Act (liability of the chief constable of the Police Service of Northern Ireland);
g
paragraph 7(3) of Schedule 3 to that Act (liability of the Police Ombudsman); and
h
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In each of the enactments specified in subsection (5), for “a tort committed by” there shall be substituted “
any unlawful conduct of
”
.
5
The enactments are—
a
section 88(4)(a) of the 1996 Act (payments in respect of tort proceedings against constables and special constables);
b
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
section 29(3)(a) of the Police (Northern Ireland) Act 1998 (payments in respect of tort proceedings against police officers in Northern Ireland); and
e
paragraph 7(4)(a) of Schedule 3 to that Act (payment in respect of tort proceedings against police officers serving with, or assisting, the Police Ombudsman).
6
In section 42(6) of the 1997 Act (application to Scotland), paragraph (a) shall be omitted.
7
In section 39 (1) of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables)—
a
for “in reparation in respect of any wrongful act or omission” there shall be substituted “
for any unlawful conduct
”
; and
b
for “in respect of a wrongful act or omission” there shall be substituted “
for any unlawful conduct
”
.
8
In section 39(4) of that Act, for “wrongful act or omission” there shall be substituted “
unlawful conduct
”
.
International joint investigation teams
I18103 Liability in respect of members of teams
1
In section 88 of the 1996 Act (liability for wrongful acts of constables), after subsection (5) there shall be inserted—
6
This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of a police force as if—
a
any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor an employee of the police authority were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and
b
subsection (4) applied, in the case of the police authority maintaining that force, to every member of that team to whom it would not apply apart from this subsection.
7
In this section “international joint investigation team” means any investigation team formed in accordance with—
a
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
b
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
c
any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
8
A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4054
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In section 29 of the Police (Northern Ireland) Act 1998 (c. 32) (liability for wrongful acts of constables), after subsection (5) there shall be inserted—
6
This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of the Police Service of Northern Ireland as if any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither—
a
a constable, nor
b
an employee of the Board,
were unlawful conduct of a constable under the direction and control of the Chief Constable.
7
In this section “international joint investigation team” means any investigation team formed in accordance with—
a
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
b
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
c
any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
8
A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
Where—
a
any sums are paid by virtue of this section out of a police fund F142. . . or by the Chief Constable of the Police Service of Northern Ireland, and
b
in pursuance of any international obligation, the Secretary of State receives any sum by way of reimbursement, in whole or in part, of the sums paid out of that fund or by that Chief Constable,
the Secretary of State shall pay into that fund or (as the case may be) to that Chief Constable the sums received by him by way of reimbursement.
F4067
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19104 Assaults on members of teams
1
In section 89 of the 1996 Act (assaults on constables), after subsection (3) there shall be inserted—
4
In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
a
is a member of an international joint investigation team that is led by a member of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and
b
is carrying out his functions as a member of that team.
5
In this section “international joint investigation team” means any investigation team formed in accordance with—
a
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
b
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
c
any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
6
A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
In section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults on constables), after subsection (3) there shall be inserted—
4
In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
a
is a member of an international joint investigation team that is led by a constable of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and
b
is carrying out his functions as a member of that team.
5
In this section “international joint investigation team” means any investigation team formed in accordance with—
a
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
b
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
c
any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.
6
A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
In section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables), after subsection (4) there shall be inserted—
5
In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
a
is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and
b
is carrying out his functions as a member of that team.
6
In this section “international joint investigation team” means any investigation team formed in accordance with—
a
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
b
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
c
any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
7
A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part 7Supplemental
105 Powers of Secretary of State to make orders and regulations
1
Every power conferred by this Act on the Secretary of State to make orders or regulations shall be exercisable by statutory instrument.
2
A statutory instrument containing an order or regulations made in exercise of any such power, other than an order to which subsection (3) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
This subsection applies to—
a
any order under section 9(7) or 108; and
4
Every power of the Secretary of State to make an order or regulations under this Act, other than an order under section 9(7) or 108, shall include power—
a
to make different provision for different cases;
b
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
c
to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
5
Every power of the Secretary of State to make provision by regulations under Part 2 F500or 2B shall include power to make provision for any of the matters that may be provided for to be determined, in accordance with the regulations, by the F706Director General of the Independent Office for Police Conduct.
106C50 General interpretation
In this Act—
“the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60);
“the 1996 Act” means the Police Act 1996 (c. 16);
“the 1997 Act” means the Police Act 1997 (c. 50);
F508...
F146“the British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);“modifications” includes omissions, alterations and additions, and cognate expressions shall be construed accordingly.
I20107 Consequential amendments and repeals
1
Schedule 7 (which makes minor and consequential amendments) shall have effect.
2
The enactments specified in Schedule 8 (which include provisions that are spent or have ceased to be of any practical utility) are hereby repealed to the extent specified in the second column of that Schedule.
108 Short title, commencement and extent
1
This Act may be cited as the Police Reform Act 2002.
P1P2P3P4P5P6P7P82
This Act, except—
a
the provisions specified in subsection (3) (which come into force on the day on which this Act is passed), and
b
the provisions to which subsections (4) and (5) apply,
shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes or different areas.
3
The provisions coming into force on the day on which this Act is passed are—
a
section 100, the entries in Schedule 8 relating to the Housing Act 1985 (c. 68), the Housing Act 1988 (c. 50), paragraphs 51 and 59 of Schedule 27 to the Greater London Authority Act 1999 (c. 29) and paragraph 74 of Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16) and section 107(2) (so far as relating to those entries); and
b
sections 105 and 106 and this section.
P94
The provisions of sections 97 and 98, so far as they relate to local government areas in Wales, shall come into force on such day as the National Assembly for Wales may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes or different areas.
P105
Sections 70 and 71, and sections 102 to 104 so far as they amend the Police (Scotland) Act 1967 (c. 77), shall come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed under this subsection for different purposes or different areas.
6
Subject to subsections (7) to (9), this Act extends to England and Wales only.
7
This Act extends to the United Kingdom so far as it makes the following provision—
F401za
the provision contained in paragraph 19F of Schedule 3 (and any interpretative or other supplementary provision as it has effect for the purposes of that provision);
a
the provision contained in Part 5;
b
the provision contained in section 82;
c
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the provision contained in section 103(6);
e
F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Section 96 also extends to Northern Ireland.
9
Subject to subsection (10), this Act, so far as it amends or repeals any enactment (other than one that extends to England and Wales only), has the same extent as the enactment amended or repealed.
10
The amendments and repeals made by this Act—
a
in section 96 of the Road Traffic Regulation Act 1984 (c. 27) (traffic wardens),
b
in sections 103 and 183 of the Road Traffic Act 1988 (c. 52) (driving while disqualified), and
c
Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties),
do not extend to Scotland.
SCHEDULES
F149F149SCHEDULE 1
Sch. 1 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 12, 13(oo) (subject to art. 4(2)-(7))
1Introductory
The 1997 Act shall be amended as follows.
2Codes of Practice for Directors General
1
After section 28 (codes of practice for the NCIS Service Authority) there shall be inserted—
28A Codes of practice for Director General of NCIS
1
The Secretary of State may issue codes of practice relating to the discharge by the Director General of NCIS of any of his functions.
2
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
3
Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement.
4
Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority (“the CPTDA”) shall consult with—
a
the NCIS Service Authority;
b
the Director General of NCIS;
c
persons whom the CPTDA considers to represent the interests of police authorities;
d
persons whom the CPTDA considers to represent the interests of chief officers of police; and
e
such other persons as the CPTDA thinks fit.
5
Before issuing or revising a code of practice under this section the Secretary of State shall consult the Scottish Ministers.
6
The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
7
The Secretary of State shall not be required by subsection (6) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
a
would be against the interests of national security;
b
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
c
could jeopardise the safety of any person.
8
In discharging any function to which a code of practice under this section relates, the Director General of NCIS shall have regard to the code.
2
After section 73 (codes of practice for the NCS Service Authority) there shall be inserted—
73A Codes of practice for Director General of NCS
1
The Secretary of State may issue codes of practice relating to the discharge by the Director General of the National Crime Squad of any of his functions.
2
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
3
Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement.
4
Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority (“the CPTDA”) shall consult with—
a
the NCS Service Authority;
b
the Director General of the National Crime Squad;
c
persons whom the CPTDA considers to represent the interests of police authorities;
d
persons whom the CPTDA considers to represent the interests of chief officers of police; and
e
such other persons as the CPTDA thinks fit.
5
The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
6
The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
a
would be against the interests of national security;
b
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
c
could jeopardise the safety of any person.
7
In discharging any function to which a code of practice under this section relates, the Director General of the National Crime Squad shall have regard to the code.
3Directions to Service Authorities
1
For section 30 (power to give directions in response to a report on NCIS carried out in accordance with that section) there shall be substituted—
30 Power to give directions to NCIS Service Authority
1
Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32) states—
a
that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or
b
that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,
the Secretary of State may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction.
2
Those remedial measures must not relate to any matter other than—
a
a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or
b
a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).
3
Where a report made to the Scottish Ministers on an inspection under section 33 of the Police (Scotland) Act 1967 (c. 77) states—
a
that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or
b
that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,
the Scottish Ministers may, after consultation with the Secretary of State, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction.
4
Those remedial measures must not relate to any matter other than—
a
a matter by reference to which the report contains a statement of opinion falling within subsection (3)(a) or (b); or
b
a matter that the Scottish Ministers consider relevant to any matter falling within paragraph (a).
5
If the Secretary of State exercises his power to give a direction under this section—
a
he shall prepare a report on his exercise of that power; and
b
he shall lay that report before Parliament.
6
If the Scottish Ministers exercise their power to give a direction under this section—
a
they shall prepare a report on their exercise of that power; and
b
they shall lay that report before the Scottish Parliament.
7
A report under subsection (5) or (6)—
a
shall be prepared at such time as the Secretary of State considers or, as the case may be, the Scottish Ministers consider appropriate; and
b
may relate to more than one exercise of the power to give a direction under this section.
2
For section 75 (power to give directions in response to a report on NCS on an inspection carried out in accordance with that section) there shall be substituted—
75 Power to give directions to NCS Service Authority
1
Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states—
a
that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective, or
b
that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,
the Secretary of State may direct the NCS Service Authority to take such remedial measures as may be specified in the direction.
2
Those remedial measures must not relate to any matter other than—
a
a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or
b
a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).
3
If the Secretary of State exercises his power to give a direction under this section—
a
he shall prepare a report on his exercise of that power; and
b
he shall lay that report before Parliament.
4
A report under subsection (3)—
a
shall be prepared at such time as the Secretary of State considers appropriate; and
b
may relate to more than one exercise of the power to give a direction under this section.
4Directions as to action plans
1
After section 31 there shall be inserted—
31A Power to give directions as to action plans
1
This section applies where an inspection report made to the Secretary of State states —
a
that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective; or
b
that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.
2
If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to submit an action plan to him.
3
An action plan is a plan setting out the remedial measures which the NCIS Service Authority proposes to take in relation to the matters in respect of which the direction is given.
4
If the NCIS Service Authority is directed to submit an action plan, that authority shall direct the Director General of NCIS to prepare a draft of it and to submit it to the NCIS Service Authority for that authority to consider.
5
The NCIS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications.
6
If the NCIS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of NCIS.
7
On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCIS Service Authority and the Director General of NCIS of that opinion and of his reasons for it.
8
In forming an opinion for the purposes of subsection (7), the Secretary of State must consult with the Scottish Ministers.
9
If the NCIS Service Authority is notified under subsection (7) —
a
it shall consider, after consultation with the Director General of NCIS about the matters notified, whether to revise the action plan in the light of those matters; and
b
if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State.
10
On giving a direction under this section to the NCIS Service Authority, the Secretary of State shall notify the Director General of NCIS that he has given that direction.
11
The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction.
12
The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes—
a
provision setting out the steps that the NCIS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met;
b
provision setting out that Authority’s proposals as to the times within which those steps are to be taken and those targets to be met and the means by which the success of the plan’s implementation is to be measured;
c
provision for the making of progress reports to the Secretary of State about the implementation of the action plan;
d
provision as to the times at which, and the manner in which, any progress report is to be made; and
e
provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State.
13
Nothing in this section shall authorise the Secretary of State or the NCIS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.
14
In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.
15
The NCIS Service Authority shall comply with any direction given to it under this section.
16
The Director General of NCIS shall comply with any direction given to him under this section.
17
If the Secretary of State exercises his power to give a direction under this section—
a
he shall prepare a report on his exercise of that power;
b
he shall lay a copy of that report before Parliament; and
c
he shall send a copy of that report to the Scottish Ministers.
18
The Scottish Ministers shall lay any copy of a report sent to them under subsection (17) before the Scottish Parliament.
19
A report under subsection (17)—
a
shall be prepared at such time as the Secretary of State considers appropriate; and
b
may relate to more than one exercise of the power mentioned in that subsection.
20
In this section “an inspection report” means a report under section 54 of the Police Act 1996 (c. 16), section 33 of the Police (Scotland) Act 1967 (c. 77) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32).
21
Nothing in this section or in section 30 prevents the Secretary of State in the case of the same inspection report from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under that section.
2
After section 76 there shall be inserted—
76A Power to give directions as to action plans
1
This section applies where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states—
a
that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective; or
b
that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.
2
If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may direct the NCS Service Authority to submit an action plan to him.
3
An action plan is a plan setting out the remedial measures which the NCS Service Authority proposes to take in relation to the matters in respect of which the direction is given.
4
If the NCS Service Authority is directed to submit an action plan, that authority shall direct the Director General of the National Crime Squad to prepare a draft of it and to submit it to the NCS Service Authority for that authority to consider.
5
The NCS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications.
6
If the NCS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of the National Crime Squad.
7
On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may , if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCS Service Authority and the Director General of the National Crime Squad of that opinion and of his reasons for it.
8
If the NCS Service Authority is notified under subsection (7) —
a
it shall consider, after consultation with the Director General of the National Crime Squad about the matters notified, whether to revise the action plan in the light of those matters; and
b
if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State.
9
On giving a direction under this section to the NCS Service Authority, the Secretary of State shall notify the Director General of the National Crime Squad that he has given that direction.
10
The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction.
11
The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes—
a
provision setting out the steps that the NCS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met;
b
provision setting out that Authority’s proposals as to the times within which those steps are to be taken and those targets to be met and the means by which the success of the plan’s implementation is to be measured;
c
provision for the making of progress reports to the Secretary of State about the implementation of the action plan;
d
provision as to the times at which, and the manner in which, any progress report is to be made; and
e
provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State.
12
Nothing in this section shall authorise the Secretary of State or the NCS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.
13
In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.
14
The NCS Service Authority shall comply with any direction given to it under this section.
15
The Director General of the National Crime Squad shall comply with any direction given to him under this section.
16
If the Secretary of State exercises his power to give a direction under this section—
a
he shall prepare a report on his exercise of that power; and
b
he shall lay that report before Parliament.
17
A report under subsection (16)—
a
shall be prepared at such time as the Secretary of State considers appropriate; and
b
may relate to more than one exercise of the power mentioned in that subsection.
18
Nothing in this section or in section 75 prevents the Secretary of State in the case of the same report under section 54 of the Police Act 1996 (c. 16) from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 75.
5Procedure for giving directions
1
After section 31A (which is inserted by paragraph 4(1)) there shall be inserted—
31B Procedure for giving directions by the Secretary of State
1
The Secretary of State shall not give a direction under section 30 or 31A unless—
a
the NCIS Service Authority and the Director General of NCIS have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;
c
the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
2
The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 30 or 31A.
3
Before making any regulations under this section, the Secretary of State shall consult with—
a
the Scottish Ministers;
b
the NCIS Service Authority;
c
the Director General of NCIS;
d
persons whom he considers to represent the interests of police authorities in England and Wales;
e
persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales; and
f
such other persons as he thinks fit.
4
Regulations under this section may make different provision for different cases and circumstances.
5
A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
31C Procedure for giving directions by the Scottish Ministers
1
The Scottish Ministers shall not give a direction under section 30 unless—
a
the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers’ grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;
c
the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Scottish Ministers have considered any such representations and any such proposals.
2
The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30.
3
Before making any regulations under this section, the Scottish Ministers shall consult with—
a
the Secretary of State;
b
the NCIS Service Authority;
c
the Director General of NCIS;
d
persons whom they consider to represent the interests of police authorities in Scotland;
e
persons whom they consider to represent the interests of chief constables of police forces in Scotland; and
f
such other persons as they think fit.
4
Regulations under this section may make different provision for different cases and circumstances.
5
A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.
2
In section 45 (orders and regulations under Part 1), after “Part” there shall be inserted “
or of the Scottish Ministers to make regulations under this Part
”
.
3
After section 76A (which is inserted by paragraph 4(2)), there shall be inserted—
76B Procedure for giving directions under sections 75 and 76A
1
The Secretary of State shall not give a direction under section 75 or 76A unless—
a
the NCS Service Authority and the Director General of the National Crime Squad have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
the NCS Service Authority and the Director General of the National Crime Squad have each been given an opportunity of making representations about those grounds;
c
the NCS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
2
The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 75 or 76A.
3
Before making any regulations under this section, the Secretary of State shall consult with—
a
the NCS Service Authority;
b
the Director General of the National Crime Squad;
c
persons whom he considers to represent the interests of police authorities;
d
persons whom he considers to represent the interests of chief officers of police; and
e
such other persons as he thinks fit.
4
Regulations under this section may make different provision for different cases and circumstances.
5
A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
6National Crime Squad equipment
1
Section 80 shall become subsection (1) of that section, and in that section, after that subsection, there shall be inserted—
2
The Secretary of State may by regulations make any or all of the following provisions—
a
provision requiring the National Crime Squad when using equipment for the purposes specified in the regulations to use only—
i
the equipment which is specified in the regulations;
ii
equipment which is of a description so specified; or
iii
equipment which is of a type approved by the Secretary of State in accordance with the regulations;
b
provision requiring the National Crime Squad to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;
c
provision prohibiting the National Crime Squad from using equipment of a type approved as mentioned in paragraph (a)(iii) except—
i
where the conditions subject to which the approval was given are satisfied; and
ii
in accordance with the other terms of that approval;
d
provision requiring equipment used the National Crime Squad to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;
e
provision prohibiting the National Crime Squad from using equipment specified in the regulations, or any equipment of a description so specified.
3
Before making regulations under this section, the Secretary of State shall consult with—
a
the Service Authority for the National Crime Squad;
b
the Director General of that Squad;
c
persons whom the Secretary of State considers to represent the interests of police authorities;
d
persons whom the Secretary of State considers to represent the interests of chief officers of police; and
e
such other persons as the Secretary of State thinks fit.
4
Regulations under this section may make different provision for different cases and circumstances.
5
A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
In this section “equipment” includes—
a
vehicles; and
b
headgear and protective and other clothing.
7Procedures and practices of the National Crime Squad
After section 80 there shall be inserted—
80A Regulation of procedures and practices
1
The Secretary of State may by regulations make provision requiring the National Crime Squad—
a
to adopt particular procedures or practices; or
b
to adopt procedures or practices of a particular description.
2
Before making any regulations under this section, the Secretary of State shall seek advice from—
a
the chief inspector of constabulary; and
b
the Central Police Training and Development Authority.
3
Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with—
a
persons whom he considers to represent the interests of police authorities; and
b
persons whom he considers to represent the interests of chief officers of police.
4
A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.
5
Before giving any advice in response to a request for the purposes of subsection (2), the Central Police Training and Development Authority (“the CPTDA”) shall consult with—
a
the NCS Service Authority;
b
the Director General of the National Crime Squad;
c
persons whom the CPTDA considers to represent the interests of police authorities;
d
persons whom the CPTDA considers to represent the interests of chief officers of police; and
e
such other persons as the CPTDA thinks fit.
6
The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—
a
he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice; and
b
the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and
c
the Secretary of State himself is satisfied as to those matters.
7
Those matters are—
a
that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of the National Crime Squad and of any one or more police forces of joint or co-ordinated operations;
b
that the making of regulations is necessary for securing the adoption of that procedure or practice; and
c
that securing the adoption of that procedure or practice is in the national interest.
8
Regulations under this section may make different provision for different cases and circumstances.
9
A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C53C96F707 SCHEDULE 2F707The Independent Office for Police Conduct
Sch. 2 title substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 55(2); S.I. 2017/1249, reg. 2 (with reg. 3)
Sch. 2 applied (with modifications) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(3)(6), Sch. 2
Sch. 2 applied (with modifications) (7.10.2013) by The National Crime Agency (Complaints and Misconduct) Regulations 2013 (S.I. 2013/2325), regs. 1(1), 5
1F708Director General
F7981
The Director General holds office in accordance with the terms of his or her appointment.
1A
A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).
2
A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as F799Director General; and an appointment made in contravention of this sub-paragraph shall have no effect.
3
4
The F802Director General may be removed from office by Her Majesty either—
a
at his own request; or
b
on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the F803Director General.
5
The following are grounds for removing the F804Director General from office—
a
that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;
b
that he has become a person falling within one or more paragraphs of section 9(3);
c
that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;
d
that he is a person who—
i
has had a bankruptcy order made against him;
ii
has had his estate sequestrated; or
iii
has made a composition or arrangement with, or granted a trust deed for, his creditors;
e
that he is subject to—
i
a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under F150the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 1989/2404 (N.I. 18)); or
ii
an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);
f
that he has acted improperly in relation to his duties; or
g
that he is otherwise unable or unfit to perform his duties.
6
For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.
1AF805Appointment of members
1
The non-executive members of the Office are to be appointed by the Secretary of State.
2
A person who is a non-executive member must not be an employee of the Office (but may have been such an employee before appointment as a non-executive member).
1B
1
The employee members of the Office are to be appointed from the staff of the Office by the non-executive members.
2
If the non-executive members propose to appoint an employee member, the Director General must recommend a person to the non-executive members for appointment.
3
The Director General may also recommend a person to the non-executive members for appointment as an employee member without any proposal having been made under sub-paragraph (2).
4
On a recommendation of a person for appointment under sub-paragraph (2) or (3), the non-executive members may—
a
appoint the person, or
b
reject the recommendation.
5
If the non-executive members reject a recommendation they may require the Director General to recommend another person for appointment (in which case this sub-paragraph applies again and so on until somebody is appointed).
2F709Terms of appointment etc: non-executive members
1
Subject to the provisions of this Schedule, a person shall hold office as F806a non-executive member in accordance with the terms of his appointment.
F8072
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he is sentenced, be appointed as F808a non-executive member; and an appointment made in contravention of this sub-paragraph shall have no effect.
4
5
6
The Secretary of State may at any time remove a person from office as F813a non-executive member if he is satisfied that that person—
a
has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months beginning not earlier than six months before that time;
F814b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
has, since his appointment, been sentenced to imprisonment for a term of three months or more;
d
is a person who—
i
has had a bankruptcy order made against him;
ii
has had his estate sequestrated; or
iii
has made a composition or arrangement with, or granted a trust deed for, his creditors;
e
is subject to—
i
a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under F151the Company Directors Disqualification (Northern Ireland) Order 2002(S.I. 1989/2404 (N.I. 18)); or
ii
an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);
f
has acted improperly in relation to his duties; or
g
is otherwise unable or unfit to perform his duties.
7
For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.
F8158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2AF560Terms of appointment etc: employee members
1
A person holds office as an employee member in accordance with the terms of his or her appointment (subject to the provisions of this Schedule).
2
Those terms may not include arrangements in relation to remuneration.
3
An appointment as an employee member may be full-time or part-time.
4
The appointment of an employee member terminates—
a
if the terms of the member's appointment provides for it to expire at the end of a period, at the end of that period, and
b
in any event, when the member ceases to be an employee of the Office.
5
An employee member may resign by giving written notice to the non-executive members.
6
The non-executive members may terminate the appointment of an employee member by giving the member written notice if they are satisfied that any of the grounds mentioned in paragraph 2(6)(a) to (g) apply in relation to the employee member.
F5613Deputy Chairmen
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3AF563Director General: vacancy or incapacity
1
This paragraph applies if—
a
the office of Director General is vacant, or
b
it appears to the Office that the ability of the Director General to carry out the Director General's functions is seriously impaired because of ill health (whether mental or physical).
2
The Office may, with the agreement of the Secretary of State, authorise an employee of the Office to carry out the functions of the Director General during the vacancy or period of ill health.
3
A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General.
4
A person who has been sentenced to a term of imprisonment of three months or more may not, at any time in the five years following the day of sentence, be authorised under this paragraph to carry out the functions of the Director General.
5
Paragraph 1(6) applies for the purposes of sub-paragraph (4).
6
Authorisation of a person under this paragraph ceases to have effect—
a
at the end of the vacancy or period of ill health,
b
on the Office revoking the authorisation for any reason, or
c
on the Secretary of State withdrawing agreement to the authorisation for any reason.
4Remuneration, pensions etc. of members
1
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of F817the Director General as the Secretary of State may determine.
2
Where—
a
a person ceases, otherwise than on the expiry of his term of office, to hold office as F818Director General, and
b
it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation,
the Secretary of State may direct the F819Office to make a payment to that person of such amount as the Secretary of State may determine.
F5513
The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office.
4
Remuneration arrangements under sub-paragraph (3)—
a
may make provision for a salary, allowances and other benefits but not for a pension, and
b
may include a formula or other mechanism for adjusting one or more of those elements from time to time.
5
Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.
F5625The Chief Executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C51C526Staff
F5641
The Office may appoint staff.
2
The F565Office may make arrangements with—
a
the chief officer of police of any police force maintained for a police area in England and Wales,
b
the chief constable of F412the Police Service of Scotland, or
c
the Chief Constable of the Police Service of Northern Ireland,
under which members of his force are engaged on temporary service with the F565Office.
3
4
F5714A
The powers under this paragraph are exercisable only by the Director General acting on behalf of the Office (subject to the power under paragraph 6A(1)).
5
The approval of the Secretary of State as to numbers and as to the terms and conditions of staff shall be required for the exercise F572of the powers under this paragraph.
6AF573Delegation of functions
1
The Director General may authorise a person within sub-paragraph (2) to exercise on the Director General's behalf a function of the Director General.
2
The persons within this sub-paragraph are—
a
employee members of the Office;
b
employees of the Office appointed under paragraph 6;
c
seconded constables within the meaning of paragraph 8.
3
The reference in sub-paragraph (1) to a function of the Director General is to any function that the Director General has under this Act or any other enactment.
4
A person (“A”) who is authorised under sub-paragraph (1) to exercise a function may authorise another person within sub-paragraph (2) to exercise that function (but only so far as permitted to do so by the authorisation given to A).
5
An authorisation under this paragraph may provide for a function to which it relates to be exercisable—
a
either to its full extent or to the extent specified in the authorisation;
b
either generally or in cases, circumstances or areas so specified;
c
either unconditionally or subject to conditions so specified.
6
Provision under sub-paragraph (5) may (in particular) include provision for restricted persons not to exercise designated functions.
7
For the purposes of sub-paragraph (6)—
a
“designated functions” are any functions of the Director General that are designated by the Director General for the purposes of this paragraph (and such functions may in particular be designated by reference to the position or seniority of members of staff);
b
“restricted persons” are, subject to any determination made under sub-paragraph (8), persons who fall within section 9(3).
8
The Director General may, in such circumstances as the Director General considers appropriate, determine that persons are not to be treated as restricted persons so far as relating to the exercise of designated functions (whether generally or in respect of particular functions specified in the determination).
9
The Director General must publish a statement of policy about how the Director General proposes to exercise the powers conferred by sub-paragraphs (7)(a) and (8).
10
The statement must in particular draw attention to any restrictions on the carrying out of functions imposed by virtue of their designation under sub-paragraph (7)(a) and explain the reasons for imposing them.
11
The exercise of the powers conferred by sub-paragraphs (7)(a) and (8) is subject to any regulations under section 23(1) of the kind mentioned in section 23(2)(g) (regulations limiting persons who may be appointed to carry out investigations etc).
12
An authorisation under this paragraph does not prevent the Director General from exercising the function to which the authorisation relates.
13
Anything done or omitted to be done by or in relation to a person authorised under this paragraph in, or in connection with, the exercise or purported exercise of the function to which the authorisation relates is to be treated for all purposes as done or omitted to be done by or in relation to the Director General.
14
Sub-paragraph (13) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person.
7Superannuation and insurance
1
Where a person who—
a
is employed by the F710Office, and
b
is by reference to that employment a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11),
2
The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the F710Office.
7AF574Liability for acts of the Director General
1
A person holding office as the Director General has no personal liability for an act or omission done by the person in the exercise of the Director General's functions unless it is shown to have been done otherwise than in good faith.
2
The Office is liable in respect of unlawful conduct of the Director General in the carrying out, or purported carrying out, of the Director General's functions in the same way as an employer is liable in respect of any unlawful conduct of employees in the course of their employment.
3
Accordingly, the Office is to be treated, in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.
8Liability for acts of seconded staff
1
The F713Office shall be liable in respect of unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the F714Office's staff in the like manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.
2
Accordingly, the F713Office shall be treated in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.
3
In this paragraph “seconded constables” means persons serving as members of the F714Office's staff without being employed by it.
F5759Power F715... to set up regional offices
1
The Office may set up regional offices in places in England and Wales.
2
But the power under sub-paragraph (1) is exercisable only by the Director General acting on behalf of the Office (subject to the power in paragraph 6A(1)).
3
The power under sub-paragraph (1) may be exercised—
a
only with the consent of the Secretary of State, and
b
only if it appears to the Director General necessary to do so for the purpose of ensuring that the functions of the Director General, or those of the Office, are carried out efficiently and effectively.
10Proceedings
1
F5761A
But the arrangements must include provision for—
a
the quorum for meetings to be met only if a majority of members present are non-executive members of the Office, and
b
an audit committee of the Office to be established to perform such monitoring, reviewing and other functions as are appropriate.
1B
The arrangements must secure that the audit committee consists only of non-executive members of the Office.
2
3
4
The F716Office may—
a
pay such remuneration and allowances as it may determine to members of committees established by it who are neither members of the F716Office nor members of its staff; and
b
make such payments for the reimbursement of expenses incurred by persons attending meetings in accordance with arrangements made by virtue of sub-paragraph (3) as it may determine.
5
The arrangements may provide for the carrying out, under the general direction of the F716Office, of any of the F717Office's functions—
a
by a committee established by the F716Office;
b
by one or more of the members of the F716Office; or
F2566
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
The validity of any proceedings of the F719Office or of any of its committees shall not be affected by—
12Authentication of the F722Office's seal
The application of the seal of the F723Office shall be authenticated by the signature of—
a
any member of the F724Office; or
b
any other person who has been authorised by the F725Director General (whether generally or specially) for that purpose.
13Evidence of documents
A document purporting to be—
a
duly executed by the F726Office under its seal, or
b
signed on its behalf,
shall be received in evidence and shall, unless the contrary is shown, be taken to be so executed or signed.
14Payments by the Secretary of State
The Secretary of State may pay to the F727Office—
a
sums equal to any amounts paid or falling to be paid by it under any provision of this Act (other than paragraph 15); and
b
such other sums as appear to him to be appropriate for enabling it to meet the expenses incurred or to be incurred F728in the carrying out of its or the Director General's functions.
15Other receipts by the F729Office
1
2
Sub-paragraph (1) shall not apply where the Secretary of State so directs.
3
Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.
16Borrowing
The F732Office shall not borrow money unless authorised to do so (whether generally or specially) by the Secretary of State.
17Accounts
1
The F733Office shall—
a
keep proper accounts and proper records in relation to the accounts;
b
prepare in respect of each financial year of the F733Office a statement of accounts in such form as the Secretary of State may direct; and
c
send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of August in the financial year of the F733Office following that to which the statement relates.
2
The Comptroller and Auditor General shall—
a
examine, certify and report on every statement received by him by virtue of this paragraph; and
b
lay copies of every such statement, and of his report on it, before Parliament.
18Financial year of the F734Office
The following are financial years of the F735Office—
a
the period beginning with the day on which the F735Office is established and ending with 31st March falling next after that day; and
b
every subsequent period of twelve months ending with 31st March.
C107C114SCHEDULE 3Handling of Complaints and Conduct matters etc.
Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))
Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))
Part 1Handling of complaints
Duties to preserve evidence relating to complaints
I21C541
1
Where a complaint is made about the conduct of a chief officer, it shall be the duty of the F331local policing body maintaining his force to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct complained of.
2
Where—
a
a complaint is made to a chief officer about the conduct of a person under his direction and control, or
b
the chief officer shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.
3
The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after the complaint is made or, as the case may be, he becomes aware of it.
4
After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.
5
6
It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to F904... the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the F334local policing body maintaining his force or by the F736Director General.
Initial handling and recording of complaints
I22C552
F3731
1A
2
Where a complaint is made to a F335local policing body, it shall—
a
determine whether or not it is itself the appropriate authority; and
b
if it determines that it is not, give notification of the complaint to the person who is.
3
Where a complaint is made to a chief officer, he shall—
a
determine whether or not he is himself the appropriate authority; and
b
if he determines that he is not, give notification of the complaint to the person who is.
F3744
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Where the F736Director General, a F336local policing body or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) F390..., the person who gave the notification F391... shall notify the complainant—
a
that the notification has been given and of what it contained; or
F392b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where—
a
b
a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or
c
a complaint is notified to a F340local policing body or chief officer under this paragraph,
F8396A
A local policing body or chief officer that is subject to the duty in sub-paragraph (6) in relation to a complaint must record the complaint if—
a
at any time the complainant indicates a wish for the complaint to be recorded, or
b
the local policing body or chief officer determines that the complaint is to be handled in accordance with this Schedule.
6B
The local policing body or chief officer must determine that a complaint is to be handled in accordance with this Schedule if—
a
the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury,
b
the complaint is one alleging that there has been conduct by a person serving with the police which (if proved) might constitute the commission of a criminal offence or justify the bringing of disciplinary proceedings,
c
the conduct or other matter complained of (if proved) might have involved the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998), or
d
the complaint is of a description specified for the purposes of paragraph 4(1)(b) in regulations made by the Secretary of State.
6C
Where a local policing body or chief officer determines (for the purposes of sub-paragraph (6A)) that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must handle the complaint in such other manner as the local policing body or chief officer considers appropriate with a view to resolving the complaint to the complainant's satisfaction.
(The duty in this sub-paragraph ceases to apply if the complaint is recorded in accordance with sub-paragraph (6A)(a).)
6D
Where a local policing body or chief officer records a complaint under sub-paragraph (6A), or determines that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must notify the complainant of the recording of the complaint or (as the case may be) of the determination.
F9127
Nothing in this paragraph shall require the taking of any action in relation to a complaint if the complaint has been withdrawn.
F9138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9149
If a local policing body or chief officer decides that it or (as the case may be) he is not required to comply with any of sub-paragraphs (2), (3) and (6) to (6C) on the basis of a determination that what purports to be a complaint is not a complaint, the local policing body or chief officer must notify the complainant of the determination and the grounds on which it was made.
10
If a local policing body or chief officer determines that part of what has been received (whether directly or by virtue of a notification under this paragraph) is a complaint and part is not, the local policing body or chief officer must proceed under this paragraph as if those two parts had been separately received.
F915...
Sch. 3 para. 3 and cross-heading 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. 3; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F9153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reference of complaints to the F736Director General
I23C564
1
It shall be the duty of the appropriate authority to refer a complaint to the F736Director General if—
a
the complaint is one alleging that the conduct F905or other matter complained of has resulted in death or serious injury;
b
the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or
2
In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the F736Director General if that authority considers that it would be appropriate to do so so by reason of—
a
the gravity of the subject-matter of the complaint; or
b
any exceptional circumstances.
3
In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a F341local policing body may refer a complaint to the F736Director General if—
a
it is one in relation to which the chief officer of police of the police force maintained by F342that body is the appropriate authority; and
b
the F341local policing body considers that it would be appropriate to do so reason of—
i
the gravity of the subject-matter of the complaint; or
ii
any exceptional circumstances.
4
Where there is an obligation under this paragraph to refer a complaint to the F736Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.
5
Subject to sub-paragraph (7), the following powers—
a
b
shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the F736Director General.
F9545A
The power of an appropriate authority to refer a complaint to the F736Director General under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).
6
A F344local policing body or chief officer which refers a complaint to the F736Director General under this paragraph shall give a notification of the making of the reference—
a
to the complainant, and
F9176A
A local policing body which refers a complaint to the F736Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.
7
A complaint that has already been referred to the F737Director General under this paragraph on a previous occasion F869, or that has been treated as having been so referred by virtue of paragraph 4A—
a
shall not be required to be referred again under this paragraph unless the F736Director General so directs; and
b
shall not be referred in exercise of any power conferred by this paragraph unless the F736Director General consents.
F9188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9199
The appropriate authority must record any complaint that is referred to the F736Director General under this paragraph that has not already been recorded.
F870Power of F736Director General to treat complaint as having been referred
Sch. 3 para. 4A and cross-heading inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 17(3), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))
4A
1
2
Where the F736Director General treats a complaint as having been referred to F738the Director General—
a
paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and
b
paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the F736Director General by the appropriate authority under paragraph 4.
3
The F736Director General must notify the following that F738the Director General is treating a complaint as having been referred to F738the Director General—
a
the appropriate authority;
b
the complainant;
c
except in a case where it appears to the F736Director General that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).
4
Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.
Duties of F736Director General on references under paragraph 4
I24C575
1
F8411A
1B
Regulations under sub-paragraph (1A) may provide that the duty on the F736Director General applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.
1C
Regulations under sub-paragraph (1A) may also provide that, where the F736Director General is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.
2
Where the F736Director General determines under this paragraph that it is not necessary for a complaint to be investigated F924—
a
3
Where the F736Director General refers a complaint back under sub-paragraph (2), F738the Director General shall give a notification of the making of the reference back—
a
to the complainant, and
Handling of complaints by the appropriate authority
F3986
1
This paragraph applies where a complaint has been recorded by the appropriate authority.
2
But this paragraph does not apply to a complaint if it is one that has been, or must be, referred to the F736Director General under paragraph 4, unless the complaint is for the time being—
F921b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8402A
The appropriate authority must handle the complaint in such reasonable and proportionate manner as the authority determines.
2B
An appropriate authority may handle a complaint in accordance with sub-paragraph (2A) by (amongst other things)—
a
making arrangements for the complaint to be investigated by the authority on its own behalf;
b
notifying the complainant that no further action is to be taken in relation to the complaint.
2C
The appropriate authority must comply with its duty under sub-paragraph (2A) by making arrangements for the complaint to be investigated by the authority on its own behalf if at any time it appears to the authority from the complaint, or from the authority's handling of the complaint to that point, that there is an indication that—
a
a person serving with the police may have committed a criminal offence or behaved in a manner that would justify the bringing of disciplinary proceedings, or
b
there may have been the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998).
2D
The Secretary of State may by regulations provide for the duty in sub-paragraph (2C) to be subject to exceptions.
2E
A statement made by any person for the purposes of the handling of any complaint in accordance with sub-paragraph (2A) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf is not admissible in any subsequent criminal, civil or disciplinary proceedings except to the extent that it consists of an admission relating to a matter that has not been subjected to such handling.
F8333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8334
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8336
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8337
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8338
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8339
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F955Reviews relating to complaints dealt with other than by investigation
Sch. 3 para. 6A and cross-heading inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 31; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
6A
1
This paragraph applies where a complaint is handled by the appropriate authority in accordance with paragraph 6(2A) otherwise than by the authority making arrangements for the complaint to be investigated by the authority on its own behalf.
2
The complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.
3
The relevant review body must notify the following of an application for a review under sub-paragraph (2)—
a
the appropriate authority,
b
every person entitled to be kept properly informed in relation to the complaint under section 21, and
c
the person complained against (if any).
4
On a review applied for under sub-paragraph (2), the relevant review body must determine whether the outcome is a reasonable and proportionate outcome.
5
Where the F736Director General is the relevant review body and the F736Director General finds that the outcome is not a reasonable and proportionate outcome, the F736Director General may—
a
determine that it is necessary for the complaint to be investigated;
b
make a recommendation under paragraph 28ZA.
6
Where a local policing body is the relevant review body and the local policing body finds that the outcome is not a reasonable and proportionate outcome, the local policing body may—
a
b
make a recommendation to the appropriate authority that it make arrangements for the complaint to be investigated by the authority on its own behalf;
c
make a recommendation under paragraph 28ZA.
7
The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (6)(a) or (b).
8
The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.
9
The relevant review body must give notification of the outcome of a review under this paragraph and of its reasons for the determination made under sub-paragraph (4)—
a
to the appropriate authority,
b
to the complainant,
c
to every person entitled to be kept properly informed in relation to the complaint under section 21, and
d
except in a case where it appears to the relevant review body that to do so might prejudice any investigation of the complaint, to the person complained against (if any).
10
In this paragraph references to the outcome of a complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the complaint.
F922...
Sch. 3 para. 7 and cross-heading 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. 7; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F9227
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F923...
Sch. 3 para. 8 and cross-heading 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. 8; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F9238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F956...
Sch. 3 para. 8A and cross-heading 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. 32; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F9568A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2 Handling of conduct matters
Conduct matters arising in civil proceedings
I25C58C5910
1
This paragraph applies where—
a
a F347local policing body or chief officer has received notification (whether or not under this paragraph) that civil proceedings relating to any matter have been brought by a member of the public against F348that body or chief officer, or it otherwise appears to a F347local policing body or chief officer that such proceedings are likely to be so brought; and
b
it appears to F348that body or chief officer (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.
2
F350The authority or chief officer—
a
shall consider whether it or, as the case may be, he is the appropriate authority in relation to the conduct matter in question; and
b
if it or he is not, shall notify the person who is the appropriate authority about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in sub-paragraph (1)(b).
3
Where a F349local policing body or chief officer determines for the purposes of this paragraph that it or, as the case may be, he is the appropriate authority in relation to any conduct matter, it or he shall F382determine whether the matter is one which it or he is required to refer to the F736Director General under paragraph 13 or is one which it would be appropriate to so refer.
F3814
In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the F736Director General under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.
4A
In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.
4B
In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.
4C
In any other case, the appropriate authority may (but need not) record the matter.
4D
In a case where the appropriate authority—
a
records a matter under this paragraph, and
b
is not required to refer the matter to the F736Director General under paragraph 13 and does not do so,
the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.
5
Nothing in F383sub-paragraph (4) or (4B) shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.
6
For the purposes of this paragraph civil proceedings involve a conduct matter if—
a
they relate to such a matter; or
b
they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.
7
The Secretary of State may by regulations provide for the times at which, or the periods within which, any requirement of this paragraph is to be complied with; and the period from which any such period is to run shall be such time as may be specified in those regulations or as may be determined in a manner set out in the regulations.
Recording etc. of conduct matters in other cases
I26C60C6111
1
F385This paragraph applies where—
a
a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the F351local policing body or chief officer who is the appropriate authority in relation to that matter, and
b
it appears to the appropriate authority that the conduct involved in that matter falls within sub-paragraph (2),
F386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Conduct falls within this sub-paragraph if (assuming it to have taken place)—
a
it appears to have resulted in the death of any person or in serious injury to any person;
b
a member of the public has been adversely affected by it; or
c
it is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State.
F3843
The appropriate authority must determine whether the matter is one which it or he is required to refer to the F736Director General under paragraph 13, or is one which it would be appropriate to so refer.
3A
In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the F736Director General under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.
3B
In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.
3C
In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.
3D
In any other case, the appropriate authority may (but need not) record the matter.
3E
In a case where the appropriate authority—
a
records a matter under this paragraph, and
b
is not required to refer the matter to the F736Director General under paragraph 13 and does not do so,
the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.
4
Nothing in F387sub-paragraph (3A) or (3C) shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.
F8715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties to preserve evidence relating to conduct matters
I27C6212
1
Where a recordable conduct matter that relates to the conduct of a chief officer comes to the attention of the F352local policing body maintaining his force, it shall be the duty of F353that body to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.
2
Where a chief officer becomes aware of any recordable conduct matter relating to the conduct of a person under his direction and control, it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.
3
The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.
4
After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.
5
6
It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any recordable conduct matter as he may be directed to take for the purposes of this paragraph by the F355local policing body maintaining his force or by the F736Director General.
Reference of conduct matters to the F736Director General
I28C6313
1
It shall be the duty of a F356local policing body or a chief officer to refer a recordable conduct matter to the F736Director General if, in a case (whether or not falling within paragraph 10) in which F357the body or chief officer is the appropriate authority—
a
that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;
b
that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or
2
In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the F736Director General if that authority considers that it would be appropriate to do so by reason of—
a
the gravity of the matter; or
b
any exceptional circumstances.
3
In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a F358local policing body maintaining any police force may refer any recordable conduct matter to the F736Director General if—
a
it is one in relation to which the chief officer of police of that force is the appropriate authority; and
b
the F359local policing body considers that it would be appropriate to do so by reason of—
i
the gravity of the matter; or
ii
any exceptional circumstances.
4
Where there is an obligation under this paragraph to refer any matter to the F736Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.
5
Subject to sub-paragraph (7), the following powers—
a
b
shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the F736Director General.
6
Where—
a
b
F362that body or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.
7
A matter that has already been referred to the F736Director General under this paragraph on a previous occasion F872, or that has been treated as having been so referred by virtue of paragraph 13A—
a
shall not be required to be referred again under this paragraph unless the F736Director General so directs; and
b
shall not be referred in exercise of any power conferred by this paragraph unless the F736Director General consents.
F873Power of F736Director General to treat conduct matter as having been referred
Sch. 3 para. 13A and cross-heading inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 17(6), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))
13A
1
2
Where the F736Director General treats a conduct matter as having been referred to F738the Director General—
a
paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and
b
paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the F736Director General by the appropriate authority under paragraph 13.
3
The F736Director General must notify the following that F738the Director General is treating a conduct matter as having been referred to F738the Director General—
a
the appropriate authority;
b
except in a case where it appears to the F736Director General that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.
4
Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.
Duties of F736Director General on references under paragraph 13
I29C6414
1
F8421A
The Secretary of State may by regulations provide that the F736Director General must determine that it is necessary for recordable conduct matters referred to F738the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.
1B
Regulations under sub-paragraph (1A) may provide that the duty on the F736Director General applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.
1C
Regulations under sub-paragraph (1A) may also provide that, where the F736Director General is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.
2
Where the F736Director General determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated F928—
a
in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the F737Director General's determination), the F736 Director General must refer the matter back to the appropriate authority for the investigation to be completed, and
3
Where—
a
the F736Director General refers a matter back to the appropriate authority under this paragraph, and
b
the F736Director General shall give a notification of the making of the reference to the person to whose conduct that matter relates.
F198Part 2Ahandling of death and serious injury (DSI) matters
Sch. 3 Pt. 2A (paras. 14A-14D) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 12; S.I. 2005/1521, art. 3(1)(w)
Duty to record DSI matters
C6514A
1
Where a DSI matter comes to the attention of the F364local policing body or chief officer who is the appropriate authority in relation to that matter, it shall be the duty of the appropriate authority to record that matter.
F8742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to preserve evidence relating to DSI matters
C6614B
1
Where—
a
a DSI matter comes to the attention of a F365local policing body , and
b
the relevant officer in relation to that matter is the chief officer of the force maintained by F366that body,
it shall be the duty of F366that body to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.
2
Where—
a
a chief officer becomes aware of a DSI matter, and
b
the relevant officer in relation to that matter is a person under his direction and control,
it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.
3
The chief officer's duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.
4
After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.
5
6
Reference of DSI matters to the F736Director General
C6714C
1
It shall be the duty of the appropriate authority to refer a DSI matter to the F736Director General.
2
The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State.
3
A matter that has already been referred to the F736Director General under this paragraph on a previous occasion F875, or that has been treated as having been so referred by virtue of paragraph 14CA, shall not be required to be referred again under this paragraph unless the F736Director General so directs.
F876Power of F736Director General to treat DSI matter as having been referred
Sch. 3 para. 14CA and cross-heading inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 17(9), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))
14CA
1
2
Where the F736Director General treats a DSI matter as having been referred to F738the Director General—
a
paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and
b
paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the F736Director General by the appropriate authority under paragraph 14C.
3
4
Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.
Duties of F736Director General on references under paragraph 14C
C6814D
1
F8431A
The Secretary of State may by regulations provide that the F736Director General must determine that it is necessary for DSI matters referred to F738the Director General in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.
1B
Regulations under sub-paragraph (1A) may provide that the duty on the F736Director General applies only in relation to DSI matters in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.
1C
Regulations under sub-paragraph (1A) may also provide that, where the F736Director General is required by the regulations to determine that it is necessary for a DSI matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.
2
Where the F736Director General determines under this paragraph that it is not necessary for a DSI matter to be investigated F930—
a
Part 3Investigations and subsequent proceedings
Power of the F736Director General to determine the form of an investigation
I30C6915
1
This paragraph applies where—
a
F9321A
This paragraph also applies where the F736Director General determines under paragraph 6A(5)(a) that it is necessary for a complaint to be investigated.
2
It shall be the duty of the F736Director General to determine the form which the investigation should take.
F9333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The only forms which the investigation may take in accordance with a determination made under this paragraph are—
a
an investigation by the appropriate authority on its own behalf;
F934b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
an investigation by the F736Director General.
F8444A
In making a determination under sub-paragraph (2) the F736Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf and if it is the F736Director General must determine that the investigation is to take that form.
4B
Where, in accordance with sub-paragraph (4A), the F736Director General determines that it is not appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the F736Director General must determine that the investigation is to take the form of an investigation by the F736Director General unless sub-paragraph (4C) applies.
4C
This sub-paragraph applies where the F736Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority under the direction of the F736Director General, in which case the F736Director General must determine that the investigation is to take that form.
F8455
Where the F736Director General determines under sub-paragraph (4C) or (5B) that an investigation is to take the form of an investigation by the appropriate authority under the direction of the F736Director General, the F736Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation.
5A
If, on such a review, the F736Director General determines that—
a
b
having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the F736Director General may make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form.
5B
Subject to sub-paragraph (5A), if at any time the F736Director General determines that, were F738the Director General to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the F736Director General may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form.
6
Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the F736Director General may give—
a
the appropriate authority, and
b
any person previously appointed to carry out the investigation,
such directions as F738the Director General considers appropriate for the purpose of giving effect to the new determination.
7
It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.
8
The F736Director General shall notify the appropriate authority of any determination that F738the Director General makes under this paragraph in relation to a particular complaint F152, recordable conduct matter or DSI matterF936and of F739the Director General's reasons for making the determination.
F8469
The F736Director General shall also notify the following of any determination that F738the Director General makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of F739the Director General's reasons for making the determination—
a
every person entitled to be kept properly informed in relation to the complaint or matter under section 21;
b
where the determination is made in relation to a complaint, the complainant;
c
the person to whose conduct the investigation will relate.
10
The duty imposed by sub-paragraph (9) on the F736Director General in relation to a complaint, recordable conduct matter or DSI matter shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
11
Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (10) as they apply for the purposes of that section.
Investigations by the appropriate authority on its own behalf
I31C7016
F937A1
This paragraph applies if the appropriate authority, acting in accordance with paragraph 6(2A) or in response to a recommendation under paragraph 6A(6)(b), is to make arrangements for a complaint to be investigated by the appropriate authority on its own behalf.
1
This paragraph F938also applies if the appropriate authority is required by virtue of—
F939a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any determination made by the F736Director General under paragraph 15,
to make arrangements for a complaintF153, recordable conduct matter or DSI matter to be investigated by the appropriate authority on its own behalf.
2
This paragraph also applies if—
a
b
the appropriate authority determine that it is necessary for the matter to be investigated by the authority on its own behalf.
3
Subject to sub-paragraph (4) F155or (5), it shall be the duty of the appropriate authority to appoint—
a
a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or
F459d
a National Crime Agency officer,
to investigate the complaint or matter.
4
The person appointed under this paragraph to investigate any complaint or F156conduct matter—
a
in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and
b
in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.
F1575
The person appointed under this paragraph to investigate any DSI matter—
a
in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;
b
in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.
F940...
Sch. 3 para. 17 and cross-heading 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. 17; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F94017
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations F941directed by the F736Director General
Word in Sch. 3 para. 18 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 18; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
I32C7118
1
F8472
On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—
a
a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or
b
a National Crime Agency officer,
to investigate the complaint or matter.
2A
2B
Where at any time the F736Director General is not satisfied with the person investigating, the F736Director General may require the appropriate authority, as soon as reasonably practicable after being required to do so—
a
to select another person falling within sub-paragraph (2)(a) or (b) to investigate the complaint or matter, and
b
to notify the F736Director General of the person selected.
2C
Sub-paragraph (2B) applies whether the person investigating was appointed—
a
b
under sub-paragraph (2) (including where the appointment was approved by the F736Director General in accordance with sub-paragraph (2A)), or
c
under sub-paragraph (2D)(a).
2D
Where a selection made in pursuance of a requirement under sub-paragraph (2B) has been notified to the F736Director General—
a
2E
A person appointed under this paragraph to investigate any complaint or conduct matter—
a
in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer's direction and control, and
b
in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).
2F
A person appointed under this paragraph to investigate any DSI matter—
a
in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control, and
b
in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).
3
The person appointed to investigate the complaint or matter shall, in relation to that investigation, be under the direction and control of the F736Director General.
F9434
The person appointed to investigate the complaint or matter shall keep the F736Director General informed of the progress of the investigation.
Investigations by the F736Director GeneralF740...
Word in Sch. 3 para. 19 heading omitted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(7)(a); S.I. 2017/1249, reg. 2 (with reg. 3)
I33C7219
1
F7422
The Director General must designate both—
a
a person to take charge of the investigation, and
b
such members of the Office's staff as are required by the Director General to assist the person designated to take charge of the investigation.
2A
The person designated under sub-paragraph (2) to take charge of an investigation must be—
a
the Director General acting personally, or
b
a person who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 (delegation of Director General's functions).
3
The person designated under sub-paragraph (2) to be the person to take charge of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.
F1603A
The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.
C864
A F743person who—
a
is designated under sub-paragraph (2) in relation to any investigation, but
b
does not already, by virtue of section 97(8) of the 1996 Act, have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,
shall, for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.
5
A F744person designated under sub-paragraph (2) who is not a constable shall not, as a result of sub-paragraph (4), be treated as being in police service for the purposes of—
a
section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”); or
b
section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of that Act not to apply to persons in police service).
F7456
The Secretary of State may by order F471provide that—
a
such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order, and
b
such provisions of a code of practice under section 60, 60A or 66 of that Act as may be so specified,
shall apply.
F4706A
An order under sub-paragraph (6) may, in particular, provide that where a provision applied by the order allows a power to be exercised only if an authorisation is given by a police officer of or above a particular rank, the authorisation may be given by a F746the Director General or a member of the Office's staff of or above a specified grade.
7
References in this paragraph to the powers and privileges of a constable—
a
are references to any power or privilege conferred by or under any enactment (including one passed after the passing of this Act) on a constable; and
F944aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
shall have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this sub-paragraph).
8
In this paragraph “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.
F486Investigations by the F736Director General: power to serve information notice
19ZA
1
2
But an information notice must not require a person—
a
to provide information that might incriminate the person;
b
to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
c
to make a disclosure that would be prohibited by F826any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;
d
to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.
3
F8303A
In sub-paragraph (3) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).
4
An information notice must—
a
specify or describe the information that is required by the F736Director General and the form in which it must be provided;
b
specify the period within which the information must be provided;
c
give details of the right of appeal against the information notice under paragraph 19ZC.
5
The period specified under sub-paragraph (4)(b) must not end before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be provided pending the determination or withdrawal of the appeal.
6
The F736Director General may cancel an information notice by written notice to the person on whom it was served.
F486Failure to comply with information notice
19ZB
1
If a person who has received an information notice—
a
fails or refuses to provide the information required by the notice, or
b
knowingly or recklessly provides information in response to the notice that is false in a material respect,
the F736Director General may certify in writing to the High Court that the person has failed to comply with the information notice.
2
The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.
F486Appeals against information notices
19ZC
1
A person on whom an information notice is served may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.
2
If the Tribunal considers that the notice is not in accordance with the law—
a
it must quash the notice, and
b
it may give directions to the F736Director General in relation to the service of a further information notice.
F486Sensitive information: restriction on further disclosure
F88419ZD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F493Investigations by the F736Director General: power of seizure
Sch. 3 paras. 19ZE-19ZH and cross-headings inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss.20(1), 183(1)(5)(e)
19ZE
1
The powers conferred by this paragraph are exercisable by a person—
a
who is designated under paragraph 19(2) in relation to an investigation (the “designated person”), and
b
who is lawfully on any premises for the purposes of the investigation.
2
The designated person may seize anything which is on the premises if the designated person has reasonable grounds for believing—
a
that it is evidence relating to the conduct or other matter to which the investigation relates, and
b
that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
3
The designated person may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, if the designated person has reasonable grounds for believing—
a
that it is evidence relating to the conduct or other matter to which the investigation relates, and
b
that it is necessary to do so in order to prevent the evidence being concealed, lost, tampered with or destroyed.
4
The powers conferred by this paragraph do not authorise the seizure of an item which the designated person exercising the power has reasonable grounds for believing to be an item subject to legal privilege within the meaning of the 1984 Act (see section 10 of that Act).
5
Where a designated person has the power to seize a thing or require information to be produced under this paragraph and under section 19 of the 1984 Act (by virtue of section 97(8) of the 1996 Act or paragraph 19(4)), the designated person is to be treated for all purposes as acting in exercise of the power conferred by section 19 of the 1984 Act.
6
In this paragraph “premises” has the same meaning as in the 1984 Act (see section 23 of that Act).
Further provision about seizure under paragraph 19ZE
19ZF
1
This paragraph applies where a designated person seizes anything under paragraph 19ZE(2).
2
The designated person must provide a notice in relation to the thing seized if requested to do so by a person showing himself—
a
to be the occupier of the premises on which it was seized, or
b
to have had custody or control of it immediately before the seizure.
3
The notice must state what has been seized and the reason for its seizure.
4
The notice must be provided within a reasonable time from the making of the request for it.
5
In this paragraph “designated person” has the same meaning as in paragraph 19ZE.
Investigations by the F736Director General: power of retention
19ZG
1
This paragraph applies to anything which, for the purposes of an investigation in accordance with paragraph 19—
a
has been seized under paragraph 19ZE(2) or taken away following a requirement imposed under paragraph 19ZE(3), or
b
is otherwise lawfully in the possession of the F736Director General.
2
Anything to which this paragraph applies may be retained by the F736Director General for as long as is necessary in all the circumstances, including (amongst other things) so that it may be used as evidence in criminal or disciplinary proceedings or in an inquest held under Part 1 of the Coroners and Justice Act 2009.
3
For the purposes of sub-paragraph (2), the retention of anything to which this paragraph applies is not necessary if having a photograph or copy of the thing would suffice (and the F736Director General may arrange for the thing to be photographed or copied before it ceases to be retained).
Further provision about things retained under paragraph 19ZG
19ZH
1
This paragraph applies to anything which—
a
has been seized (whether under paragraph 19ZE(2) or otherwise), and
b
is being retained by the F736Director General under paragraph 19ZG.
2
If a request for permission to be granted access to a thing to which this paragraph applies is made to the F736Director General by—
a
a person who had custody or control of the thing immediately before it was seized, or
b
someone acting on behalf of such a person,
3
Sub-paragraph (4) applies if a request for a photograph or copy of a thing to which this paragraph applies is made to the F736Director General by—
a
a person who had custody or control of the thing immediately before it was seized, or
b
someone acting on behalf of such a person.
4
The F736Director General must either—
a
allow the person who made the request access to the thing under the supervision of a member of the F748Office's staff for the purpose of photographing or copying it, or
b
arrange for the thing to be photographed or copied.
5
6
The F736Director General is not obliged to do anything in response to a request under sub-paragraph (2) or (3) if the F736Director General has reasonable grounds for believing that to do so would prejudice—
a
any investigation being carried out in accordance with this Schedule, or
b
any criminal or disciplinary proceedings or any inquest held under Part 1 of the Coroners and Justice Act 2009.
F193Special procedure where investigation relates to police officer or special constable
Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)
F94519A
1
This paragraph applies to an investigation where condition A, B or C is satisfied.
2
Condition A is that—
a
the investigation is an investigation of a complaint, and
b
during the course of the investigation it appears to the person investigating F749or, in the case of an investigation by a designated person under paragraph 19, the Director General, that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.
3
Condition B is that—
a
the investigation is an investigation of a complaint being carried out by a person appointed under paragraph 18, and
b
during the course of the investigation the F736Director General determines that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.
4
Condition C is that—
a
the investigation is an investigation of a recordable conduct matter, and
b
the investigation relates to the conduct of a member of a police force or a special constable.
5
Where this paragraph applies to an investigation the person investigating must proceed with the investigation in accordance with regulations made by the Secretary of State under this sub-paragraph.
6
Regulations under sub-paragraph (5) may (amongst other things) make provision—
a
as to the procedure to be followed in connection with any interview of the person concerned, including provision requiring the person concerned to attend an interview;
b
requiring the person investigating to supply information to the appropriate authority.
7
In this paragraph “the person concerned”—
a
in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating F750or, in the case of an investigation by a designated person under paragraph 19, the Director General, that there is the indication mentioned in sub-paragraph (2)(b) or (as the case may be) the person in respect of whom the F736Director General determines that there is the indication mentioned in sub-paragraph (3)(b);
b
in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.
Assessment of seriousness of conduct under investigation
F94519B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to consider submissions from person whose conduct is being investigated
F94519C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interview of person whose conduct is being investigated
F94519D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to provide certain information to appropriate authority
F94519E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F399Interview of persons serving with the police etc during certain investigations
Sch. 3 para. 19F and cross-heading inserted (19.12.2012) by Police (Complaints and Conduct) Act 2012 (c. 22), ss. 1(2), 3(3)
19F
1
This paragraph applies to an investigation of a complaint, recordable conduct matter or DSI matter which—
a
b
is carried out by F816a person designated under paragraph 19 (investigations by Director General).
2
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with an interview which—
a
is held with a serving officer during the course of the investigation by the person investigating the complaint or matter F1051other than, in the case of an investigation to which paragraph 19A applies, a serving officer who is the person concerned in relation to the investigation (within the meaning of paragraph 19A).
F1052b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Regulations under sub-paragraph (2) may in particular make provision—
a
requiring a serving officer to attend an interview,
b
for determining how the time at which an interview is to be held is to be agreed or decided,
c
about the information that must be provided to a serving officer being interviewed,
d
for enabling a serving officer to be accompanied at the interview by a person of a prescribed description.
4
“Serving officer” means a person who—
a
is serving with the police, or
b
is serving with an additional police body.
5
A person is serving with an additional police body if the person is a member of, or is employed or otherwise engaged for the purposes of, that body (subject to sub-paragraph (6)).
6
The Secretary of State may by regulations provide, in relation to an additional police body, that a person is serving with that body only if the person—
a
is a member of, or is employed or otherwise engaged for the purposes of, that body, and
b
is of a prescribed description.
7
An “additional police body” means—
a
a body of constables which is maintained by an authority other than a local policing body and is prescribed in regulations made by the Secretary of State under this sub-paragraph, F1053...
F460b
the National Crime Agency.
8
The Secretary of State must obtain the consent of the Northern Ireland Assembly before making provision in regulations under this paragraph which would be within the legislative competence of the Northern Ireland Assembly.
9
But consent under sub-paragraph (8) is not required in relation to a provision if—
a
a Bill for an Act of the Northern Ireland Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and
b
the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).
10
Nothing in this paragraph prevents or restricts the holding of interviews to which regulations under this paragraph do not apply during the course of any investigation under this Schedule.
Restrictions on proceedings pending the conclusion of an investigation
I34C73C8720
1
No criminal or disciplinary proceedings shall be brought in relation to any matter which is the subject of an investigation in accordance with the provisions of this Schedule F161 until—
F1021a
the conduct to which the investigation relates has been certified in accordance with regulations under paragraph 20A, or
F10222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The restrictions imposed by this paragraph in relation to the bringing of criminal proceedings shall not apply to the bringing of criminal proceedings by the Director of Public Prosecutions in any case in which it appears to him that there are exceptional circumstances which make it undesirable to delay the bringing of such proceedings.
F194Accelerated procedure in special cases
Sch. 3 paras. 20A-20I inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 159, 178, Sch. 11 para. 3; S.I. 2005/1521, art. 3(1)(v)
F94620A
1
This paragraph applies where—
a
at any time before the completion of an investigation of a complaint or recordable conduct matter, the person investigating F752or, in the case of an investigation by a designated person under paragraph 19, the Director General, believes that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied, or
b
at any time before the completion of an investigation of a complaint or recordable conduct matter being carried out by a person appointed under paragraph 18, the F736Director General determines that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied.
2
The conditions in this sub-paragraph are that—
a
there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct, and
b
it is in the public interest for the person whose conduct it is to cease to be a member of a police force, or to be a special constable, without delay.
3
Where this paragraph applies the person investigating, the appropriate authority and F753(where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally) the F736Director General must proceed in accordance with regulations made by the Secretary of State.
4
Regulations under sub-paragraph (3) may (amongst other things) make provision—
a
for the person investigating to continue the investigation (whether to its full extent or to such lesser extent as is provided) or to stop investigating;
b
for the person investigating to submit a report on the investigation F754or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one, to a point before its completion (not being a report under paragraph 22);
c
for the conduct to which the investigation relates to be certified for the purposes of paragraph 20(1)(a).
Investigations managed or carried out by Commission: action by appropriate authority
F94620B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations managed or carried out by Commission: action by Commission
F94620C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations managed or carried out by Commission: action by Commission
F94620D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other investigations: action by appropriate authority
F94620E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other investigations: action by appropriate authority
F94620F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20G
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special cases: recommendation or direction of Commission
F94620H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special cases: recommendation or direction of Commission
F94620I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F947...
Sch. 3 para. 21 and cross-heading 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. 24; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F94721
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195Procedure where conduct matter is revealed during investigation of DSI matter
Sch. 3 para. 21A inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 20; S.I. 2005/1521, art. 3(1)(w)
C7421A
1
If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 F755... that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
he shall make a submission to that effect to the F736Director General.
2
If, after considering a submission under sub-paragraph (1), the F736Director General determines that there is such an indication, F738the Director General shall—
a
notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of F739the Director General's determination; and
b
send to it (or each of them) a copy of the submission under sub-paragraph (1).
F9482A
If during the course of an investigation of a DSI matter being carried out by a person appointed under paragraph 18 the F736Director General determines (without there having been a submission under sub-paragraph (1)) that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
F7562B
If during the course of an investigation of a DSI matter being carried out by a person designated under paragraph 19 the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
the Director General must proceed under sub-paragraph (2C).
2C
The Director General must—
a
prepare a record of the determination,
b
notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and
c
send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).
3
If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 16 F1023... that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
he shall make a submission to that effect to the appropriate authority in relation to the DSI matter.
4
If, after considering a submission under sub-paragraph (3), the appropriate authority determines that there is such an indication, it shall—
a
if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and
b
notify the F736Director General of its determination and send to it a copy of the submission under sub-paragraph (3).
5
Where the appropriate authority in relation to the person whose conduct is in question—
F757aa
is notified of a determination by the Director General under sub-paragraph (2C),
b
(in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or
c
(in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),
F165 it shall record the matter under paragraph 11 as a conduct matter . . . .
F1666
Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—
a
b
the other provisions of this Schedule shall apply in relation to that matter accordingly.
Final reports on investigations: complaints, conduct matters and certain DSI matters
I35C75F16722
1
This paragraph applies on the completion of an investigation of—
a
a complaint,F168 or
b
a conduct matter, or
c
F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.
3
A person appointed under paragraph F1026... 18 shall—
a
submit a report on his investigation to the F736Director General; and
b
send a copy of that report to the appropriate authority.
4
In relation to F170a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5), the references in sub-paragraphs (2) and (3) of this paragraph to the appropriate authority are references to—
a
the appropriate authority in relation to the DSI matter; and
b
(where different) the appropriate authority in relation to the person whose conduct is in question.
F7585
A person designated under paragraph 19 as the person in charge of an investigation must—
a
submit a report on the investigation to the Director General, or
b
where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.
6
A person submitting F759or, in the case of an investigation under paragraph 19 by the Director General personally, completing a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.
F8856A
Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.
F1717
The Secretary of State may by regulations make provision requiring a report on an investigation F1027to which paragraph 19A applies—
a
to include such matters as are specified in the regulations;
b
to be accompanied by such documents or other items as are so specified.
8
A person who has submitted F760or, in the case of an investigation under paragraph 19 by the Director General personally, completed a report under this paragraph on an investigation F1027to which paragraph 19A applies must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request F886except so far as the person is prevented from doing so by section 21A.
9
The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—
a
considers that the document or item is of relevance to the investigation, and
b
requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).
10
Those purposes are—
a
complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;
b
ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.
Action by the F736Director General in F761relation to an investigation report F172under paragraph 22
Word in Sch. 3 para. 23 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(15); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in Sch. 3 para. 23 heading inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 22(1); S.I. 2005/1521, art. 3(1)(w)
I36C7623
1
This paragraph applies where—
a
F8791A
But if, following the submission F763or completion of such a report, the F736Director General determines under section 13B that the complaint or recordable conduct matter is to be re-investigated the provisions of this paragraph other than sub-paragraph (2)(a) F887(read with sub-paragraph (2ZA)) do not apply, or cease to apply, in relation to that report.
2
On receipt of the report F764(or on its completion by the Director General), the F736Director General—
a
if it appears that the appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;
F175b
shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;
c
F8882ZA
Where the F736Director General would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the F736Director General must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the F736Director General must not disclose.
F1782A
The first condition is that the report indicates that a criminal offence may have been committed by a person F908(if any) to whose conduct the investigation related.
2B
The second condition is that—
a
the circumstances are such that, in the opinion of the F736Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or
b
any matters dealt with in the report fall within any prescribed category of matters.
3
The Director of Public Prosecutions shall notify the F736Director General of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2)(c).
F8644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F179The persons are—
a
in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and
b
in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.
F8485A
On receipt of the report F765(or on its completion by the Director General), the F736Director General shall also—
a
seek the views of the appropriate authority on—
i
whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer,
ii
whether or not any such person's performance is unsatisfactory, and
iii
the other matters (if any) dealt with in the report (but not on whether the conditions in sub-paragraphs (2A) and (2B) are satisfied in respect of the report),
b
having considered the views (if any) of the appropriate authority, make a determination as to—
i
the matters described in paragraph (a)(i) and (ii), and
ii
whether or not disciplinary proceedings should be brought against any person to whose conduct the investigation related and, if so, what form the disciplinary proceedings should take,
c
having considered the views (if any) of the appropriate authority and if the F736Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that F738the Director General is required to make under sub-paragraph (2)(b) or paragraph (b) of this sub-paragraph,
d
notify the appropriate authority of F739the Director General's determination under paragraph (b) and any determination under paragraph (c),
e
where the F736Director General determines that disciplinary proceedings of a form specified in the determination should be brought against a person, direct the appropriate authority to bring those proceedings, and
f
direct the appropriate authority to determine what action (if any) the appropriate authority will in its discretion take, not being action involving the bringing of disciplinary proceedings, in respect of the matters dealt with in the report and having regard to the F737Director General's determination under paragraph (b) and any determination under paragraph (c).
5B
The appropriate authority must comply with a direction given under sub-paragraph (5A)(e) and must secure that the proceedings, once brought, are proceeded with to a proper conclusion.
5C
The F736Director General may at any time withdraw a direction given under sub-paragraph (5A)(e); and sub-paragraph (5B) shall not impose any obligation in relation to any time after the withdrawal of the direction.
5D
The appropriate authority must keep the F736Director General informed of the action it takes in response to a direction given under sub-paragraph (5A)(e).
5E
The appropriate authority must comply with the direction given under sub-paragraph (5A)(f) and must notify the F736Director General of the determination it makes.
5F
F8346
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8347
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8348
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18013
Action by the appropriate authority in response to an investigation report F181under paragraph 22
Words in Sch. 3 para. 24 heading inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 23(1); S.I. 2005/1521, art. 3(1)(w)
I37C7724
1
This paragraph applies where—
a
F1030b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
On receipt of the report F1031..., the appropriate authority—
F183a
shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;
b
c
shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).
F1862A
The first condition is that the report indicates that a criminal offence may have been committed by a person F909(if any) to whose conduct the investigation related.
2B
The second condition is that—
a
the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or
b
any matters dealt with in the report fall within any prescribed category of matters.
3
The Director of Public Prosecutions shall notify the appropriate authority of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2).
F8654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F187The persons are—
a
in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and
b
in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.
F8375A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8375B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8375C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1886
F1032On receipt of the report ..., the appropriate authority shall also—
a
in accordance with regulations under section 50 or 51 of the 1996 Act, determine—
i
whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and
F393ia
whether or not any such person's performance is unsatisfactory, and
ii
what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and
F950aa
if it considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that it is required to make by sub-paragraph (2)(a) or paragraph (a) of this sub-paragraph, and
F951b
determine what action (if any), in addition to the action mentioned in paragraph (a)(ii), the authority will in its discretion take in respect of the matters dealt with in the report.
F9526A
Where the report is a report of an investigation of a complaint and the appropriate authority is a local policing body, the appropriate authority may also, on receipt of the report, make a recommendation under paragraph 28ZA.
F8666B
It shall be the duty of the appropriate authority—
a
to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and
b
in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.
F8327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83210
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18911
F196Final reports on investigations: other DSI matters
Sch. 3 paras. 24A-24C inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 24; S.I. 2005/1521, art. 3(1)(w)
24A
1
2
F190The person investigating shall—
a
submit a report on the investigation to the F736Director General; and
b
send a copy of that report to the appropriate authority.
F7702A
Sub-paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under paragraph 19, but the Director General must complete a report on the investigation.
3
F8893A
Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.
4
On receipt of the report F772(or on its completion by the Director General), the F736Director General shall determine whether the report indicates that a person serving with the police may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings.
F9535
On receipt of the report F773(or on its completion by the Director General), the F736Director General shall also, if F738the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that F738the Director General is required to make under sub-paragraph (4) or that the appropriate authority may be required to make by virtue of paragraph 24C(3).
F8806
But sub-paragraphs (4) and (5) and paragraphs 24B and 24C do not apply, or cease to apply, in relation to a report submitted under sub-paragraph (2) F774or completed under sub-paragraph (2A) if, following the submission F775or completion of the report, the F736Director General determines under section 13B that the DSI matter is to be re-investigated.
Action by the F736Director General in F776relation to an investigation report under paragraph 24A
Word in Sch. 3 para. 24B cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(19); S.I. 2017/1249, reg. 2 (with reg. 3)
24B
1
If the F736Director General determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
F8901A
Sub-paragraph (3A) of paragraph 24A applies for the purposes of sub-paragraph (1) of this paragraph as it applies for the purposes of sub-paragraph (2)(b) of that paragraph.
2
F1923
Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—
a
b
the other provisions of this Schedule shall apply in relation to that matter accordingly.
24C
1
F474This paragraph applies where the F736Director General determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
F475...
F4762
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4733
The F736Director General may notify the appropriate authority that it must, in accordance with regulations under section 50 or 51 of the 1996 Act, determine—
a
whether or not the performance of a person serving with the police is unsatisfactory, and
b
what action (if any) the authority will take in respect of any such person's performance.
F4734
On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the F736Director General setting out the determinations the authority has made.
F4735
On receipt of a memorandum under sub-paragraph (4), the F736Director General shall—
a
consider the memorandum and whether the appropriate authority has made the determinations under sub-paragraph (4) that the F736Director General considers appropriate;
b
determine whether or not to make recommendations under paragraph 27;
c
make such recommendations (if any) under that paragraph as F738the Director General thinks fit.
F957ReviewsF394... with respect to an investigation
Word in Sch. 3 para. 25 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 33; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
Words in Sch. 3 para. 25 heading omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 20(1); S.I. 2012/2892, art. 2(g) (with art. 6)
I38C7825
1
This paragraph applies where a complaint has been subjected to—
a
an investigation by the appropriate authority on its own behalf; F1037...
F1038b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8491A
But this paragraph does not apply where the person investigating submitted a report on the investigation under provision made by virtue of paragraph 20A(4)(b) and did not (as a result of provision made by virtue of paragraph 20A(4)(a)) submit a further report under paragraph 22(2).
1B
Where this paragraph applies, the complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.
1C
The relevant review body must notify the following of an application for a review under sub-paragraph (1B)—
a
the appropriate authority,
b
every person entitled to be kept properly informed in relation to the complaint under section 21, and
c
the person complained against (if any).
F8352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8352ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8352A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9584
Where the relevant review body so requires on the making of an application for a review under sub-paragraph (1B), the appropriate authority must provide the relevant review body with—
a
a copy of the report of the investigation, and
b
such information concerning the authority's determinations under paragraph 24 as is described in a notification given by the relevant review body to the authority.
F8504A
On a review applied for under sub-paragraph (1B), the relevant review body must determine whether the outcome of the complaint is a reasonable and proportionate outcome.
4B
In making a determination under sub-paragraph (4A), the relevant review body may review the findings of the investigation.
4C
Where the F736Director General is the relevant review body and the F736Director General finds that the outcome is not a reasonable and proportionate outcome, the F736Director General may—
a
make F739the Director General's own findings (in place of, or in addition to, findings of the investigation);
b
direct that the complaint be re-investigated;
c
make a recommendation to the appropriate authority in respect of any person serving with the police—
i
that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the person's conduct to which the investigation related;
ii
that the person's performance is, or is not, unsatisfactory;
iii
that disciplinary proceedings of the form specified in the recommendation are brought against the person in respect of the person's conduct, efficiency or effectiveness to which the investigation related;
iv
that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified;
d
make a recommendation under paragraph 28ZA.
4D
Where the F736Director General makes a recommendation under sub-paragraph (4C)(c)—
a
the appropriate authority must notify the F736Director General whether it accepts the recommendation and (if it does) set out in the notification the steps that it is proposing to take to give effect to it, and
b
sub-paragraphs (4) to (8) and (9)(b) of paragraph 27 apply in relation to the recommendation as if it had been made under that paragraph.
4E
Where a local policing body is the relevant review body and the local policing body finds that the outcome is not a reasonable and proportionate outcome, the local policing body may—
a
make a recommendation to the appropriate authority that the complaint be re-investigated by the authority on its own behalf;
b
c
make a recommendation to the appropriate authority in respect of any person serving with the police—
i
that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the person's conduct to which the investigation related;
ii
that the person's performance is, or is not, unsatisfactory;
iii
that disciplinary proceedings of the form specified in the recommendation are brought against the person in respect of the person's conduct, efficiency or effectiveness to which the investigation related;
iv
that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified;
d
make a recommendation under paragraph 28ZA.
4F
Sub-paragraph (4G) applies where, on a review applied for under sub-paragraph (1B), the relevant review body determines that the report of the investigation indicates that a criminal offence may have been committed by a person (if any) to whose conduct the investigation related and that—
a
the circumstances are such that, in the opinion of the relevant review body, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or
b
any matters dealt with in the report fall within any category of matters prescribed for the purposes of paragraph 24(2B)(b).
4G
Where this sub-paragraph applies—
a
b
if a local policing body is the relevant review body, the local policing body must make a recommendation to the appropriate authority that the appropriate authority—
i
notify the Director of Public Prosecutions of the determination under sub-paragraph (4F), and
ii
send the Director a copy of the report.
4H
The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (4E)(a), (b) or (c) or (4G)(b).
4I
The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.
4J
Where this paragraph applies because the person investigating submitted a report on the investigation under provision made by virtue of paragraph 20A(4)(b) (“the first report”) and a further report under paragraph 22(2), the references in sub-paragraphs (4B) and (4C)(a) to the findings of the investigation do not include a reference to findings on the first report.
F8365
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8366
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8367
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8369ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8369ZB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8369ZC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8369A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
The F395relevant F959review body shall give notification of F960the outcome of a review under this paragraph F961and of its reasons for the determination made under sub-paragraph (4A)—
a
to the appropriate authority F962...,
b
to the complainant;
c
to every person entitled to be kept properly informed in relation to the complaint under section 21; and
F96511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
It shall be the duty of the appropriate authority to comply with any directions given to it under this paragraph.
13
The Secretary of State may by regulations make provision—
a
for the form and manner in which F966applications under sub-paragraph (1B) are to be made;
b
for the period within which any such F967application must be made; and
F968c
for the procedure to be followed by the relevant review body when carrying out a review applied for under sub-paragraph (1B).
F96914
In this paragraph references in relation to an investigation to the outcome of the complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the investigation.
F970Information for complainant about disciplinary recommendations
Sch. 3 para. 25A and cross-heading inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 35; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
25A
1
This paragraph applies where, on the review of the outcome of a complaint under paragraph 25, the F736Director General makes a recommendation under sub-paragraph (4C)(c) of that paragraph.
2
Where the appropriate authority notifies the F736Director General under paragraph 25(4D)(a) that the recommendation has been accepted, the F736Director General must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21 of that fact and of the steps that have been, or are to be taken, by the appropriate authority to give effect to it.
3
Where the appropriate authority—
a
notifies the F736Director General under paragraph 25(4D)(a) that it does not (either in whole or in part) accept the recommendation, or
b
fails to take steps to give full effect to the recommendation,
the F736Director General must determine what, if any, further steps to take under paragraph 27 as applied by paragraph 25(4D)(b).
4
The F736Director General must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—
a
of any determination under sub-paragraph (3) not to take further steps, and
F971Re-investigations following a review
Sch. 3 para. 26 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 36; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
I39C7926
F9721
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
3
Sub-paragraphs F974(4) to (7) of paragraph 15 shall apply in relation to a determination under sub-paragraph (2) as they apply in the case of a determination under that paragraph.
F9753A
Where, following a recommendation under paragraph 25(4E)(a) in relation to a complaint, the appropriate authority determines that it is appropriate for it to re-investigate the complaint on its own behalf, sub-paragraphs (3) to (5) of paragraph 16 shall apply in relation to the re-investigation as they apply in relation to an investigation to which paragraph 16 applies.
4
The other provisions of this Schedule (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under paragraph F97625(4C)(b)F977... F978and any re-investigation of the type described in sub-paragraph (3A) of this paragraph as they apply in relation to any investigation in pursuance of a determination under paragraph 15.
F9794A
Where the F736Director General determines under sub-paragraph (2) that the re-investigation should take the form of an investigation by the appropriate authority on its own behalf, the F736Director General may also give the appropriate authority such directions as to the handling of the matter in future as the F736Director General thinks fit.
F8515
5A
The F736Director General shall also notify the following of any determination that F738the Director General makes under this paragraph and of F739the Director General's reasons for making the determination—
a
the complainant;
b
every person entitled to be kept properly informed in relation to the complaint under section 21;
c
the person complained against (if any).
5B
The duty imposed by sub-paragraph (5A) on the F736Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
5C
Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (5B) as they apply for the purposes of that section.
F9806
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties with respect to disciplinary proceedings F467etc
Word in Sch. 3 para. 27 heading inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(9)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)
I40C8027
1
This paragraph applies where, in the case of any investigation, the appropriate authority—
F867a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1039b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8811A
But where this paragraph would otherwise apply by virtue of sub-paragraph (1)(c), it does not apply, or ceases to apply, in relation to the investigation if the F736Director General determines under section 13B that the DSI matter is to be re-investigated.
2
Subject to paragraph 20 and to any recommendations or directions under the following provisions of this paragraph, it shall be the duty of the appropriate authority—
a
to take the action F868... which is or is required to be set out in the memorandum; and
b
in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.
F10403
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4773A
Where this paragraph applies by virtue of sub-paragraph (1)(c), the F736Director General may make a recommendation to the appropriate authority—
a
that the performance of a person serving with the police is, or is not, satisfactory;
b
that action of the form specified in the recommendation is taken in respect of the person's performance;
and it shall be the duty of the appropriate authority to notify the F736Director General whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.
4
If, after the F736Director General has made a recommendation under this paragraph, the appropriate authority does not take steps to secure that full effect is given to the recommendation—
a
the F736Director General may direct the appropriate authority to take steps for that purpose; and
b
it shall be the duty of the appropriate authority to comply with the direction.
5
A direction under sub-paragraph (4) may, to such extent as the F736Director General thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.
6
7
Where disciplinary F479or other proceedings have been brought in accordance with a recommendation or direction under this paragraph, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.
8
The F736Director General may at any time withdraw a direction given under this paragraph; and sub-paragraph (7) shall not impose any obligation in relation to any time after the withdrawal of the direction.
9
The appropriate authority shall keep the F736Director General informed—
a
in a case in which this paragraph applies by virtue of sub-paragraph F1034(1)(c), of whatever action it takes in pursuance of its duty under sub-paragraph (2); and
b
in every case of a recommendation or direction under this paragraph, of whatever action it takes in response to that recommendation or direction.
Information for complainant about disciplinary recommendations
F104128
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1000Recommendations by the F736Director General or a local policing body
Sch. 3 para. 28ZA and cross-heading inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 45; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
28ZA
1
A recommendation under this paragraph (for the purposes of paragraphs 6A, 23, 24 and 25) is a recommendation of a kind described in regulations made by the Secretary of State which is made with a view to remedying the dissatisfaction expressed by the complainant concerned.
2
A recommendation of a kind described in regulations under subsection (1) may (amongst other things) be a recommendation that compensation be paid.
3
The reference in subsection (1) to the complainant concerned—
a
in relation to a recommendation made by virtue of paragraph 6A(5)(b) or (6)(c), is a reference to the complainant who applied under paragraph 6A(2) for the review;
b
in relation to a recommendation made by virtue of paragraph 23(5F) or 24(6A), is a reference to the complainant whose complaint, having been investigated, resulted in the submission F777or completion of the report under paragraph 22;
c
in relation to a recommendation made by virtue of paragraph 25(4C)(d) or (4E)(d), is a reference to the complainant who applied under paragraph 25(1B) for the review.
4
The Secretary of State may by regulations make further provision about recommendations under this paragraph.
5
The regulations may (amongst other things)—
a
specify the persons to whom recommendations under this paragraph may be made;
b
authorise the person making a recommendation under this paragraph (whether the F736Director General or a local policing body) to require a response to the recommendation;
c
require the person making a recommendation under this paragraph to send a copy of the recommendation, and any response to it, to any prescribed person or person of a prescribed description.
F466Recommendations by the F736Director General
28A
1
This paragraph applies where the F736Director General has received a report F778(or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally) under—
a
b
paragraph 22(5) (report on completion of investigation of complaint or conduct matter by F779or on behalf of the Director General), or
c
paragraph 24A(2) F780or (2A) (report on completion of investigation of DSI matter that is not also conduct matter).
2
This paragraph also applies where the F736Director General has made a determination on F1044a review under—
b
paragraph 25 (F1047review with respect to an investigation).
3
F10013A
Where this paragraph applies—
a
by virtue of sub-paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint, or
b
by virtue of sub-paragraph (2),
a recommendation made under sub-paragraph (3) may not be a recommendation of a kind described in regulations made under paragraph 28ZA(1).
4
A recommendation under this paragraph may be made to any person if it is made—
a
following the receipt F781or completion of a report relating to—
i
a DSI matter,
ii
a conduct matter of a type specified in regulations, or
iii
a complaint of a type specified in regulations; or
b
following a determination on F1049a review relating to a complaint of a type specified in regulations.
5
In any other case, a recommendation under this paragraph may be made only to—
a
a person serving with the police, or
b
a local policing body.
6
Where the F736Director General makes a recommendation under this paragraph, F738the Director General must also—
a
publish the recommendation, and
b
send a copy of it—
i
in a case where the recommendation is made to a local policing body, to the chief officer of the police force maintained by that body;
ii
in a case where the recommendation is made to a chief officer of a police force, to the local policing body that maintains the police force;
iii
in a case where the recommendation is made to a contractor (within the meaning of section 12(10)), to the chief officer of a police force to whom the contractor is providing services, and the local policing body that maintains the police force;
iv
in a case where the recommendation is made to a sub-contractor or an employee of a contractor, to the contractor and the persons to whom a copy must be sent under paragraph (iii);
v
in a case where the recommendation is made to an employee of a sub-contractor, to the sub-contractor, the contractor and the persons to whom a copy must be sent under sub-paragraph (iii);
vi
in any other case, to any person to whom the F736Director General thinks a copy should be sent.
7
Nothing in this paragraph affects the power of the F736Director General to make recommendations or give advice under section 10(1)(e) (whether arising under this Schedule or otherwise).
F466Response to recommendation
28B
1
A person to whom a recommendation under paragraph 28A is made must provide to the F736Director General a response in writing stating—
a
what action the person has taken or proposes to take in response to the recommendation, or
b
why the person has not taken, or does not propose to take, any action in response.
2
The person must provide the response to the F736Director General before the end of the period of 56 days beginning with the day on which the recommendation was made, unless sub-paragraph (3) applies.
3
4
But if proceedings for judicial review of the F737Director General's decision to make a recommendation are started during the period allowed by sub-paragraph (2) or (3), that period is extended by however many days the proceedings are in progress.
5
On receiving a response, the F736Director General must, within the period of 21 days beginning with the day on which the F736Director General received it—
a
publish the response, and
b
send a copy of it to any person who was sent a copy of the recommendation under paragraph 28A(6)(b),
unless the person giving the response has made representations under sub-paragraph (6).
6
7
On receiving such representations, the F736Director General may decide—
a
that the response should not be published, or that only parts of it should be published;
b
that the response should not be disclosed, or that only parts of the response should be disclosed.
8
Where, following a decision on representations, the F736Director General decides to publish or disclose a response (in whole or in part), F738the Director General must do so only after the person giving the response has been informed of the F737Director General's decision, and—
a
b
in a case where the F736Director General has decided to reject any of the representations, F738the Director General must do so—
i
within the period of 21 days beginning with the day on which the person was informed of the F737Director General's decision on the representations, but
ii
not before the end of the period of 7 days beginning with that day.
9
But if proceedings for judicial review of the F737Director General's decision to reject a representation are started during the period of 7 days referred to in sub-paragraph (8)(b)(ii)—
a
the F736Director General must not publish or disclose the response while the proceedings are in progress;
b
if the court upholds the F737Director General's decision to reject a representation, the F736Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days beginning with the day on which the proceedings are no longer in progress.
10
Where a local policing body or a chief officer makes a response under this paragraph, the body or officer must, at the time the F736Director General publishes the response, also publish the response (to the same extent as published by the F736Director General) and the recommendation under paragraph 28A.
11
For the purposes of this paragraph—
a
“disclosing” a response means sending a copy of it as mentioned in sub-paragraph (5)(b);
b
the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought.
F88212
This paragraph does not apply, or ceases to apply, in relation to a recommendation made by virtue of paragraph 28A(1) if the F736Director General determines under section 13B that the complaint, recordable conduct matter or DSI matter that the F736Director General received a report on F782(or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally) is to be re-investigated.
F197Minor definitions
Sch. 3 para. 29 inserted (3.11.2008 for certain purposes and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 19 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (subject to art. 3)
29
In this Part of this Schedule—
F1050...
F397“gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;
“misconduct” means a breach of the Standards of Professional Behaviour;
“the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter;
“prescribed” means prescribed by regulations made by the Secretary of State;
“the Standards of Professional Behaviour” means the standards so described in, and established by, regulations made by the Secretary of State.
F981Reviews: the relevant F982review body
Word in Sch. 3 para. 30 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 38(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
Word in Sch. 3 para. 30 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 38(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
30
1
a
F986b
the local policing body which is the relevant local policing body in relation to the relevant complaint, in any other case.
F9872
In this paragraph and paragraphs 31 and 32—
“relevant complaint”, in relation to a review, means the complaint to which the review relates;
“relevant local policing body”, in relation to a relevant complaint where a chief officer is the appropriate authority in relation to the complaint, means the local policing body for the area of the police force of which the chief officer is a member;
“review” means a review applied for under paragraph 6A(2) or 25(1B).
F98831
1
This paragraph applies in a case where—
a
an application for a review is made to the F736Director General, and
b
a local policing body is the relevant review body in relation to the review.
2
The F736Director General must—
a
forward the application to the local policing body, and
b
notify the person who applied for the review—
i
that the local policing body is the relevant review body, and
ii
the application has been forwarded.
3
The application is to be taken to have been—
a
made to the local policing body, and
b
so made at the time when it is forwarded to the local policing body.
F98932
1
This paragraph applies in a case where—
a
an application for a review is made to a local policing body, and
b
the F736Director General is the relevant review body in relation to the review.
2
The local policing body must—
a
forward the application to the F736Director General, and
b
notify the person who applied for the review—
i
that the F736Director General is the relevant review body, and
ii
the application has been forwarded.
3
The application is to be taken to have been—
a
made to the F736Director General, and
b
so made at the time when it is forwarded to the F736Director General.
F783F494SCHEDULE 3AWhistle-blowing investigations: procedure
Words in Sch. 3A substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 58(2); S.I. 2017/1249, reg. 2 (with reg. 3)
Sch. 3A inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 6
Designation of persons to take part in investigation
1
1
Paragraph 19(1), (2) F784, (2A) and (4) to (8) of Schedule 3 (investigations under that Schedule by the F783Director GeneralF785...), and any order made under paragraph 19(4) of that Schedule, apply where the F783Director General decides to carry out an investigation under section 29D (1) as they apply where the F783Director General has determined to investigate, or is required to investigate, a complaint, recordable conduct matter or DSI matter under that Schedule.
2
In the case of an investigation under section 29D(1) relating to any conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, the person designated under paragraph 19(2) of Schedule 3 (as applied by sub-paragraph (1)) must be the person nominated by the Secretary of State for that purpose.
Protection of anonymity
2
1
The person in charge of an investigation under section 29D(1), and any other person designated for the purposes of the investigation by virtue of paragraph 1, may not disclose the identity of the whistle-blower or information that might (whether alone or with other information) tend to reveal that identity.
2
Sub-paragraph (1) does not apply to the extent that—
a
the whistle-blower consents to the disclosure of his or her identity or (as the case may be) to the disclosure of information that might tend to reveal it, or
b
the disclosure is authorised by regulations made by the Secretary of State under section 29J.
3
The person in charge of an investigation under section 29D(1) must take all reasonable steps to ensure that, where the identity of the whistle-blower, or information that might tend to reveal that identity, is disclosed for the purposes of the investigation (whether with the consent of the whistle-blower or in accordance with regulations under section 29J), it is not further disclosed without the consent of the person in charge.
4
For the purpose of the duty under sub-paragraph (3), the person in charge may impose such requirements on persons to whom the identity of the whistle-blower, or information that might tend to reveal that identity, is disclosed as are specified in regulations made by the Secretary of State for the purpose of this paragraph.
Powers to obtain information etc
3
Paragraphs 19ZA to 19ZC of Schedule 3 apply in relation to an investigation under section 29D(1) as they apply in relation to an investigation under paragraph 19 of that Schedule.
Procedure where conduct matter is revealed during investigation
4
1
If, during the course of an investigation under section 29D(1), F786the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
F787the Director General must proceed under sub-paragraph (2).
F7882
The Director General must—
a
prepare a record of the determination,
b
notify the appropriate authority in relation to the person whose conduct is in question of the determination, and
c
send to it a copy of the record of the determination prepared under paragraph (a).
3
Where the appropriate authority in relation to the person whose conduct is in question is notified under sub-paragraph (2), it must record the matter under paragraph 11 of Schedule 3 to this Act as a conduct matter.
4
Where a matter is, in accordance with sub-paragraph (3), recorded under paragraph 11 of Schedule 3 as a conduct matter—
a
the person in charge of the investigation under section 29D(1) must (subject to any determination made by the F783Director General under paragraph 15(5B) of Schedule 3) continue the investigation as if appointed or designated to investigate the conduct matter, and
b
the other provisions of Schedule 3 apply in relation to that matter accordingly (subject to regulations under sub-paragraph (5)).
5
The Secretary of State may by regulations make provision modifying Schedule 3 in relation to an investigation of a matter that, in accordance with sub-paragraph (3), is recorded under paragraph 11 of that Schedule as a conduct matter but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
Procedure where DSI matter is revealed during investigation
5
1
F7912
The Director General must—
a
prepare a record of the determination,
b
notify the appropriate authority in relation to the DSI matter, and
c
send to it a copy of the determination prepared under paragraph (a).
3
Where the appropriate authority in relation to the DSI matter is notified under sub-paragraph (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.
4
Where a matter is, in accordance with sub-paragraph (3), recorded under paragraph 14A of Schedule 3 as a DSI matter—
a
the person in charge of the investigation under section 29D(1) must (subject to any determination made by the F783Director General under paragraph 15(5B) of Schedule 3) continue the investigation as if appointed or designated to investigate the DSI matter, and
b
the other provisions of Schedule 3 apply in relation to that matter accordingly (subject to regulations under sub-paragraph (5)).
5
The Secretary of State may by regulations make provision modifying Schedule 3 in relation to an investigation that, in accordance with sub-paragraph (3), is recorded under paragraph 14A of that Schedule as a DSI matter but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
6
In this paragraph, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).
Conclusion of investigation
6
1
When an investigation under section 29D(1) is concluded, the person in charge of the investigation must submit a report on it to the F783Director General.
F7921A
Sub-paragraph (1) does not apply where the person in charge of the investigation is the Director General acting personally, but the Director General must complete a report on the investigation.
2
The F783Director General—
a
must send a copy of F793a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) to the whistle-blower, and
b
may, with the consent of the whistle-blower, send a copy of the report to the appropriate authority.
3
The Secretary of State may by regulations make provision for circumstances in which the duty under sub-paragraph (2)(a) does not apply.
4
The power conferred by sub-paragraph (3) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.
5
The Secretary of State may also by regulations make provision for circumstances in which (despite sub-paragraph (2)(b)) a copy of the report may be sent to the appropriate authority without the consent of the whistle-blower.
6
The power conferred by sub-paragraph (5) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.
7
Where the F783Director General would contravene section 21A by sending a copy of a report in its entirety to the whistle-blower or to the appropriate authority, the F783Director General may comply with its duty under sub-paragraph (2)(a) or (as the case may be) may exercise its power under sub-paragraph (2)(b) (or under regulations under sub-paragraph (5)) by sending instead a copy of the report after having removed or obscured the information which it is prohibited from disclosing by section 21A.
8
In this paragraph—
a
“the permitted non-disclosure purposes” has the same meaning as in section 29I;
b
“the permitted disclosure purposes” has the same meaning as in section 29J.
Power of F783Director General to make recommendations
7
1
2
The Secretary of State may by regulations make further provision about recommendations under this paragraph.
3
The regulations may (amongst other things)—
a
describe the kinds of recommendations that the F783Director General may make under this paragraph;
b
specify the persons to whom the recommendations may be made;
c
authorise the F783Director General to require a response to a recommendation made under this paragraph.
F526SCHEDULE 3BDesignations under section 38
Sch. 3B 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. 10; S.I. 2017/1139, reg. 2(d) (with regs. 4, 5) (as amended by S.I. 2017/1162, reg. 2)
Part 1Excluded powers and duties of constables
1
Any power or duty of a constable to make an arrest.
2
Any power or duty of a constable to stop and search an individual or a vehicle or other thing.
3
The power of a constable, under section 36(4) of the Police and Criminal Evidence Act 1984, to perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.
F8243A
The power of a constable, under section 55(6) of the Police and Criminal Evidence Act 1984F825, to conduct an intimate search if an officer of at least the rank of inspector considers under section 55(5) of that Act that an intimate search by a suitably qualified person is not practicable.
4
Any power that is exercisable only by a constable of a particular rank.
5
Any power of a constable under—
a
the Terrorism Act 2000;
b
the Terrorism Act 2006;
c
the Counter-Terrorism Act 2008;
d
the Terrorism Prevention and Investigation Measures Act 2011;
e
the Counter-Terrorism and Security Act 2015.
6
Any power of a constable under F1062the National Security Act 2023.
7
The power of a constable to make an application on behalf of the Commissioner of Police of the Metropolis under section 19 or 21 of the Investigatory Powers Act 2016 (applications for warrants under Chapter 1 of Part 2 of that Act).
Part 2Application of legislation
8
1
Where a power or duty of a constable is conferred or imposed on a person designated under section 38—
a
a reference to a constable (however expressed) in legislation relating to the power or duty includes a reference to the person designated under section 38;
b
a reference in legislation to anything done in the exercise or purported exercise of the power, or in the performance or purported performance of the duty, includes a reference to anything done in the exercise or purported exercise of the power, or the performance or purported performance of the duty, by the person designated under section 38.
2
The Secretary of State may by regulations make provision for legislation relating to a power or duty of a constable specified in the regulations to apply in relation to a person designated under section 38 in a way that modifies or supplements the effect of sub-paragraph (1).
3
In this paragraph, “legislation” means any provision of—
a
an Act;
b
subordinate legislation within the meaning of the Interpretation Act 1978;
c
a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly.
F527SCHEDULE 3CDesignations under section 38: additional powers and duties
Sch. 3C 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. 11; S.I. 2017/1139, reg. 2(d) (as amended by S.I. 2017/1162, reg. 2)
Introduction
1
1
The designation of a person under section 38 as a community support officer or a community support volunteer may provide for any of paragraphs 2 to 11 to apply to the community support officer or the community support volunteer.
2
The designation may provide for any such paragraph to apply—
a
to its full extent, or
b
only in cases or circumstances described in the designation.
3
Where the designation provides for any of those paragraphs to apply—
a
the community support officer or community support volunteer has any power or duty described in the paragraph as a power or duty of a community support officer or community support volunteer (subject to provision included in the designation under sub-paragraph (2)(b) or section 38(7A)), and
b
any provision made by the paragraph in connection with the exercise of the power or the performance of the duty applies in relation to the exercise of the power or the performance of the duty by the community support officer or community support volunteer.
4
In this Schedule—
“CSO” means a person designated by a chief officer of police as a community support officer under section 38;
“CSV” means a person designated by a chief officer of police as a community support volunteer under section 38;
“the relevant police area”, in relation to a CSO or CSV, means the police area for which the police force in question is maintained.
5
Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.
Powers to issue fixed penalty notices
2
1
A CSO or CSV has the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (fixed penalty notices in respect of litter) in relation to an individual whom the CSO or CSV has reason to believe has committed an offence under section 87 of that Act at a place within the relevant police area.
2
A CSO or CSV has the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting) in relation to an individual whom the CSO or CSV has reason to believe has committed an offence that is a relevant offence for the purposes of section 43(1) at a place within the relevant police area.
3
A CSO or CSV designated under section 38 by the Commissioner of Police of the Metropolis has the power of an authorised officer of a borough council to give a notice under section 15 of the London Local Authorities Act 2004 in relation to an individual whom the CSO or CSV has reason to believe has committed an offence under section 38(1) of the London Local Authorities Act 1990.
4
A CSO or CSV designated under section 38 by the Commissioner of Police for the City of London has the power of an authorised officer of a borough council to give a notice under section 15 of the London Local Authorities Act 2004 in relation to an individual whom the CSO or CSV has reason to believe has committed an offence under section 27(1) of the City of Westminster Act 1999 (unlicensed street trading).
5
A CSO or CSV has the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 or under section 12 of the Local Government Byelaws (Wales) Act 2012 (fixed penalty notices in relation to offences against certain byelaws) in relation to an individual whom the CSO or CSV has reason to believe has committed an offence against a listed byelaw at a place within the relevant police area.
6
A byelaw is a “listed byelaw” for the purposes of sub-paragraph (5) if, at the time the CSO or CSV gives the notice—
a
it is a byelaw to which section 237A of the Local Government Act 1972 or to which section 12 of the Local Government Byelaws (Wales) Act 2012 (fixed penalty notices in relation to offences against certain byelaws) applies, and
b
the chief officer of police for the relevant police area and the authority that made the byelaw have agreed to include it in a list of byelaws kept for the purposes of sub-paragraph (5).
7
The chief officer of police for the relevant police area must publish the list of byelaws kept for the purposes of sub-paragraph (5) in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.
8
The list of byelaws kept for the purposes of sub-paragraph (5) may be amended from time to time by agreement between the chief officer of police and the authority, by adding byelaws to it or removing byelaws from it.
9
Where the list of byelaws is amended, the amended list must be published by the chief officer as mentioned in sub-paragraph (7).
Powers to require names and addresses
3
1
A CSO or CSV may require a person to give his or her name and address if the CSO or CSV has reason to believe that—
a
the person has committed a relevant offence in the relevant police area, or
b
the person has committed a relevant licensing offence (whether or not in the relevant police area).
2
A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
In this paragraph, “relevant offence” means any of the following offences—
a
an offence in respect of which the CSO or CSV is authorised to give a penalty notice (whether in consequence of paragraph 2 of this Schedule or in consequence of provision included in his or her designation in reliance on section 38(6B)(a));
b
an offence under section 3 or 4 of the Vagrancy Act 1824;
c
an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872;
d
an offence under section 39 of the Anti-social Behaviour, Crime and Policing Act 2014;
e
an offence under a listed byelaw;
f
an offence the commission of which appears to the CSO or CSV to have caused—
i
injury, alarm or distress to any other person, or
ii
the loss of, or any damage to, any other person's property.
4
In this paragraph, “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003—
a
section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);
b
section 142;
c
section 146(1);
d
section 149(1)(a), (3)(a) or (4)(a);
e
section 150(1);
f
section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);
g
section 152(1) (excluding paragraph (b)).
5
A byelaw is a “listed byelaw” for the purposes of sub-paragraph (3)(e) if, at the time the CSO or CSV requires a person to give his or her name and address—
a
it is a byelaw which has been made by a relevant body with authority to make byelaws for any place within the relevant police area, and
b
it is included in the list of byelaws published for the purposes of this paragraph by the chief officer of police for the relevant police area.
6
A byelaw may be included in the list of byelaws published for the purposes of this paragraph only if the chief officer of police and the relevant body which made the byelaw agree that it should be included.
7
The chief officer of police for the relevant police area must publish the list in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.
8
The list of byelaws published for the purposes of this paragraph may be amended from time to time by agreement between the chief officer of police and the relevant body, by adding byelaws to it or removing byelaws from it.
9
Where the list of byelaws is amended, the amended list must be published by the chief officer as mentioned in sub-paragraph (8).
10
In sub-paragraphs (5), (6) and (8), “relevant body” means—
a
in England, a county council, a district council, a London borough council or a parish council;
b
in Wales, a county council, a county borough council or a community council;
c
the Greater London Authority;
d
Transport for London;
e
an Integrated Transport Authority for an integrated transport area in England;
f
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
g
a body specified in regulations made by the Secretary of State.
11
Regulations under sub-paragraph (10)(g) may provide, in relation to any body specified in the regulations, that the agreement mentioned in sub-paragraph (6) or (8) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body).
12
In the case of a relevant offence that is an offence under a listed byelaw (see sub-paragraphs (3)(e) and (5)), the power to impose a requirement under sub-paragraph (1) is exercisable only in a place to which the byelaw relates.
13
In its application in relation to an offence in respect of which the CSO or CSV is authorised to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil), sub-paragraph (1)(a) of this paragraph has effect as if the words “in the relevant police area” were omitted.
14
In this paragraph, “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.
Powers to search for and seize alcohol and tobacco
4
1
A CSO or CSV may search a person for alcohol or a container for alcohol if—
a
the CSO or CSV has (in consequence of provision included in his or her designation in reliance on section 38(6B)(a)) imposed a requirement on a person to surrender alcohol or a container for alcohol under section 63(2) of the Anti-social Behaviour, Crime and Policing Act 2014 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997,
b
the person has failed to comply with the requirement, and
c
the CSO or CSV reasonably believes that the person has alcohol or a container for alcohol in his or her possession.
2
A CSO or CSV may search a person for tobacco or cigarette papers where—
a
the CSO or CSV has (in consequence of provision included in his or her designation in reliance on section 38(6B)(a)) sought to seize the tobacco or cigarette papers under section 7(3) of the Children and Young Persons Act 1933 (seizure of tobacco from young persons),
b
the person from whom the CSO or CSV sought to seize the item has failed to surrender it, and
c
the CSO or CSV reasonably believes that the person has it in his or her possession.
3
The power to search under sub-paragraph (1) or (2)—
a
is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO or CSV is searching for, and
b
does not authorise the CSO or CSV to require a person to remove any of his or her clothing in public other than an outer coat, jacket or gloves.
4
A person who without reasonable excuse fails to consent to being searched in the exercise of a power under this paragraph is guilty of an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
5
A CSO or CSV who proposes to exercise a power to search a person under sub-paragraph (1) or (2) must inform him or her that failing without reasonable excuse to consent to being searched is an offence.
6
If the person in question fails to consent to being searched, the CSO or CSV may require him or her to give the CSO or CSV his or her name and address.
7
If on searching the person the CSO or CSV discovers what he or she is searching for, the CSO or CSV may seize it and dispose of it.
Powers to seize and detain: controlled drugs
5
1
A CSO or CSV may exercise the powers conferred by sub-paragraph (2) or (3) in the relevant police area.
2
If the CSO or CSV—
a
finds a controlled drug in a person's possession (whether or not the CSO or CSV finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and
b
reasonably believes that it is unlawful for the person to be in possession of it,
the CSO or CSV may seize it and retain it.
3
If the CSO or CSV—
a
either—
i
finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)(a)), or
ii
reasonably believes that a person is in possession of a controlled drug, and
b
reasonably believes that it is unlawful for the person to be in possession of it,
the CSO or CSV may require the person to give the CSO or CSV his or her name and address.
4
If, in exercise of the power conferred by sub-paragraph (2), the CSO or CSV seizes and retains a controlled drug, the CSO or CSV must—
a
if the person from whom it was seized maintains that he or she was lawfully in possession of it, tell the person where inquiries about its recovery may be made, and
b
comply with a constable's instructions about what to do with it.
5
A person who fails to comply with a requirement imposed under sub-paragraph (3) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
6
In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.
Powers to seize and detain: psychoactive substances
6
1
A CSO or CSV may exercise the powers conferred by sub-paragraph (2) or (3) in the relevant police area.
2
If the CSO or CSV—
a
finds a psychoactive substance in a person's possession (whether or not the CSO or CSV finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and
b
reasonably believes that it is unlawful for the person to be in possession of it,
the CSO or CSV may seize it and retain it.
3
If the CSO or CSV—
a
either—
i
finds a psychoactive substance in a person's possession (as mentioned in sub-paragraph (2)(a)), or
ii
reasonably believes that a person is in possession of a psychoactive substance, and
b
reasonably believes that it is unlawful for the person to be in possession of it,
the CSO or CSV may require the person to give the CSO or CSV his or her name and address.
4
If, in exercise of the power conferred by sub-paragraph (2), the CSO or CSV seizes and retains a psychoactive substance, the CSO or CSV must—
a
if the person from whom it was seized maintains that he or she was lawfully in possession of it—
i
tell the person where inquiries about its recovery may be made, and
ii
explain the effect of sections 49 to 51 and 53 of the Psychoactive Substances Act 2016 (retention and disposal of items), and
b
comply with a constable's instructions about what to do with it.
5
Any substance seized in exercise of the power conferred by sub-paragraph (2) is to be treated for the purposes of sections 49 to 53 of the Psychoactive Substances Act 2016 as if it had been seized by a police or customs officer under section 36 of that Act.
Section 50 of that Act applies in relation to any such substance as if the reference in subsection (1)(b) to the police or customs officer who seized it were a reference to the CSO or CSV who seized it.
6
A person who fails to comply with a requirement imposed under sub-paragraph (3) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
7
In this paragraph, “police or customs officer” and “psychoactive substance” have the same meaning as in the Psychoactive Substances Act 2016.
Powers to detain pending arrival of a constable etc
7
1
A CSO or CSV may require a person to wait with the CSO or CSV, for a period not exceeding 30 minutes, for the arrival of a constable where—
a
the CSO or CSV has required the person to give his or her name and address (whether in consequence of paragraph 3, 4(6), 5(3) or 6(3) or in consequence of provision included in his or her designation in reliance on section 38(6B)(a)), and
b
either—
i
the person has failed to comply with the requirement, or
ii
the CSO or CSV has reasonable grounds for suspecting that the person has given a name or address that is false or inaccurate.
2
Sub-paragraph (1) does not apply if the requirement to give a name and address was imposed in connection with a relevant licensing offence mentioned in paragraph 3(4)(a), (c) or (f) which the CSO or CSV believes to have been committed on licensed premises (within the meaning of the Licensing Act 2003).
3
A CSO or CSV may require a person to wait with the CSO or CSV, for a period not exceeding 30 minutes, for the arrival of a constable where—
a
the CSO or CSV has reason to believe that the person is committing an offence under section 3 or 4 of the Vagrancy Act 1824,
b
the CSO or CSV requires the person to stop doing whatever gives rise to that belief, and
c
the person fails to stop as required.
4
A person who has been required under sub-paragraph (1) or (3) to wait with a CSO or CSV may, if requested to do so, elect that (instead of waiting) he or she will accompany the CSO or CSV to a police station in the relevant police area.
5
Where the person does not elect to accompany the CSO or CSV to the police station, and the constable arrives within the period of 30 minutes, the CSO or CSV is under a duty to remain with the person and the constable until the CSO or CSV has transferred control of the person to the constable.
6
Where the person does elect to accompany the CSO or CSV to the police station—
a
the CSO or CSV is under a duty to remain at the police station until the CSO or CSV has transferred control of the person to the custody officer there,
b
until control is transferred, the CSO or CSV is treated for all purposes as having the person in his or her lawful custody, and
c
for so long as the CSO or CSV remains at the police station or in its immediate vicinity (whether before control of the person is transferred or afterwards), the CSO or CSV is under a duty to prevent the person's escape and to assist in keeping the person under control.
7
A person who—
a
makes off while subject to a requirement under sub-paragraph (1) or (3), or
b
makes off while accompanying a CSO or CSV to a police station in accordance with an election under sub-paragraph (4),
is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Powers to search etc individuals detained under paragraph 7
8
1
A CSO or CSV may exercise the powers set out in sub-paragraphs (2) and (3) in relation to a person whom the CSO or CSV has required to wait for the arrival of a constable under paragraph 7(1) or (3) (whether or not that person makes an election under paragraph 7(4)).
2
If the CSO or CSV has reasonable grounds for believing that the person may present a danger to himself or herself or to others, the CSO or CSV may search the person.
3
If the CSO or CSV has reasonable grounds for believing that the person may have concealed on him or her anything which might be used to assist in escaping from lawful custody, the CSO or CSV may search the person for that thing.
4
The power conferred by sub-paragraph (2) or (3)—
a
does not authorise a CSO or CSV to require a person to remove any of his or her clothing in public other than an outer coat, jacket or gloves;
b
does authorise a search of a person's mouth.
5
A CSO or CSV searching a person under sub-paragraph (2) may seize and retain anything that is found, if the CSO or CSV has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to any other person.
6
A CSO or CSV searching a person under sub-paragraph (3) may seize and retain anything that is found, other than an item subject to legal privilege, if the CSO or CSV has reasonable grounds for believing that the person might use it to assist in escaping from lawful custody.
7
If a CSO or CSV seizes or retains anything under sub-paragraph (5) or (6), the CSO or CSV must—
a
tell the person from whom it was seized where inquiries about its recovery may be made, and
b
comply with a constable's instructions about what to do with it.
Persons detained under paragraph 7: park trading offences
9
1
If a CSO or CSV reasonably suspects that a person required to wait for the arrival of a constable under paragraph 7(1) has committed a park trading offence, the CSO or CSV may take possession of anything of a non-perishable nature which—
a
the person has in his or her possession or under his control, and
b
the CSO or CSV reasonably believes to have been used in the commission of the offence.
2
The CSO or CSV may retain possession of the thing in question for a period not exceeding 30 minutes unless the person makes an election under paragraph 7(4), in which case the CSO or CSV may retain possession of the thing in question until he or she is able to transfer control of it to a constable.
3
In this paragraph “park trading offence” means an offence committed in a specified park which is a park trading offence for the purposes of the Royal Parks (Trading) Act 2000.
4
In sub-paragraph (3), “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.
Road traffic
10
A CSO or CSV has in the relevant police area the powers conferred on persons designated by regulations under section 99 of the Road Traffic Regulation Act 1984 (removal of abandoned vehicles).
Power to use reasonable force
11
A CSO or CSV has power to use reasonable force—
a
to prevent a person whom the CSO or CSV has required under paragraph 7(1) or (3) to wait for a constable from making off, or to keep the person under control, at any time while the person is subject to the requirement;
b
where such a person elects under paragraph 7(4) to accompany a CSO or CSV to a police station, to prevent the person from making off, or to keep the person under control, while the person is accompanying the CSO or CSV to the police station;
c
where a CSO or CSV is fulfilling a duty imposed under paragraph 7(5) or (6), to prevent the person from making off (or escaping) and to keep him or her under control;
d
where a CSO or CSV is exercising a power conferred by paragraph 8.
C81F542SCHEDULE 4F542Powers exercisable by contracted-out staff
Sch. 4 heading substituted (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. 12 para. 5(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
Sch. 4 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(g)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)
F547Part 1Community Support Officers
Sch. 4 Pt. 1 omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 5(3); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
F5471Powers to issue fixed penalty notices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5471ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5471ZBPower to issue community protection notices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5471APower to require name and address
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5472Power to detain etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5472APowers to search individuals and to seize and retain items
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5472BGeneral power of seizure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5473Power to require name and address of person acting in an anti-social manner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5473APower to require name and address: road traffic offences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5473BPower to require name and address etc: charity collectors
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5474Power to use reasonable force to detain person
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5474ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5474ZB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to disperse groups and remove young persons to their place of residence
F5474A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5474AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5474BPower to disperse groups and remove young persons to their place of residence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5474CPower to remove truants and excluded pupils to designated premises etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5475Alcohol consumption in restricted areas
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5475APower to serve closure notice for licensed premises persistently selling to children
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5476Confiscation of alcohol
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5477Confiscation of tobacco etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5477ASearch and seizure powers: alcohol and tobacco
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5477BPowers to seize and detain: controlled drugs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5477CPowers to seize and detain: controlled drugs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5477DPark Trading offences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers to seize and detain: psychoactive substances
F5477E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5477F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5478Entry to save life or limb or prevent serious damage to property
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5478AEntry to investigate licensing offences
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5479Seizure of vehicles used to cause alarm etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54710Abandoned vehicles
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54711Power to stop vehicle for testing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54711APower to stop cycles
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54711BPower to control traffic for purposes other than escorting a load of exceptional dimensions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54712Power to control traffic for purposes of escorting a load of exceptional dimensions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54713Carrying out of road checks
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54713APower to place traffic signs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54714Cordoned areas
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54715Power to stop and search vehicles etc. in authorised areas
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54715ZAPhotographing of persons arrested, detained or given fixed penalty notices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54715APower to modify paragraph 1(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F548Part 2Investigating Officers
Sch. 4 Pt. 2 omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 5(3); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
F54816Search warrants
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54816A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54816B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54817Access to excluded and special procedure material
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54818Entry and search after arrest
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54818AEntry and search for evidence of nationality after arrest
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54819General power of seizure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54820Access and copying in the case of things seized by constables
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54821Arrest at a police station for another offence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54822Power to transfer persons into custody of investigating officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54822APowers in respect of detained persons
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54823Power to require arrested person to account for certain matters
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54824Extended powers of seizure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54824APersons accompanying investigating officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3Detention Officers
25Attendance at police station for fingerprinting
Where a designation applies this paragraph to any person, he shall, in respect of police stations in the relevant police area, have the power of a constable under F253Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) to require a person to attend a police station in order to have his fingerprints taken.
26Non-intimate searches of detained persons
1
Where a designation applies this paragraph to any person, he shall have the powers of a constable under section 54 of the 1984 Act (non-intimate searches of detained persons)—
a
to carry out a search under that section of any person at a police station in the relevant police area or of any other person otherwise in police detention in that area; and
b
to seize or retain, or cause to be seized or retained, anything found on such a search.
2
Subsections (6C) and (9) of section 54 of that Act (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this paragraph as they apply to the exercise of the power in question by a constable.
27Searches and examinations to ascertain identity
Where a designation applies this paragraph to any person, he shall have the powers of a constable under section 54A of the 1984 Act (searches and examinations to ascertain identity)—
a
to carry out a search or examination at any police station in the relevant police area; and
b
to take a photograph at any such police station of an identifying mark.
27AF370Searches of persons answering to live link bail
1
Where a designation applies this paragraph to any person, that person has the powers of a constable under section 54B of the 1984 Act (searches of persons answering to live link bail)—
a
to carry out a search of any person attending a police station in the relevant police area; and
b
to seize or retain articles found on such a search.
2
Anything seized by a person under the power conferred by sub-paragraph (1) must be delivered to a constable as soon as practicable and in any case before the person from whom the thing was seized leaves the police station.
28Intimate searches of detained persons
1
Where a designation applies this paragraph to any person, he shall have the powers of a constable by virtue of section 55(6) of the 1984 Act (intimate searches) to carry out an intimate search of a person at any police station in the relevant police area.
2
Subsection (7) of section 55 of that Act (no intimate search to be carried out by a constable of the opposite sex) shall apply to the exercise by a person to whom this paragraph applies of any power exercisable by virtue of this paragraph as it applies to the exercise of the power in question by a constable.
29Fingerprinting without consent
Where a designation applies this paragraph to any person—
a
he shall have, at any police station in the relevant police area, the power of a constable under section 61 of the 1984 Act (fingerprinting) to take fingerprints without the appropriate consent; and
b
the requirement by virtue of subsection (7A)(a) of that section that a person must be informed by an officer that his fingerprints may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.
30Warnings about intimate samples
Where a designation applies this paragraph to any person, the requirement by virtue of F254section 62(5)(c) of the 1984 Act (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies.
31Non-intimate samples
Where a designation applies this paragraph to any person—
a
he shall have the power of a constable under section 63 of the 1984 Act (non-intimate samples), in the case of a person in a police station in the relevant police area, to take a non-intimate sample without the appropriate consent;
b
the requirement by virtue of subsection (6) of that section (information about authorisation) that a person must be informed by an officer of the matters mentioned in that subsection shall be capable of being discharged, in the case of an authorisation in relation to a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies; and
c
the requirement by virtue of subsection (8B)(a) of that section that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in such a police station, by his being so informed by the person to whom this paragraph applies.
32Attendance at police station for the taking of a sample
Where a designation applies this paragraph to any person, he shall, as respects any police station in the relevant police area, have the power of a constable under F255Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) to require a person to attend a police station in order to have a sample taken.
33Photographing persons in police detention
Where a designation applies this paragraph to any person, he shall, at police stations in the relevant police area, have the power of a constable under section 64A of the 1984 Act (photographing of suspects etc.) to take a photograph of a person detained at a police station.
33AF199Taking of impressions of footwear
Where a designation applies this paragraph to any person—
a
he shall, at any police station in the relevant police area, have the powers of a constable under section 61A of the 1984 Act (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and
b
the requirement by virtue of section 61A(5)(a) of the 1984 Act that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.
33BF200Powers in respect of detained persons
Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—
a
to keep under control any person detained at the police station and for whom he is for the time being responsible;
b
to assist any officer or other designated person to keep any other person detained at the police station under control; and
c
to prevent the escape of any such person as is mentioned in paragraph (a) or (b),
and for those purposes shall be entitled to use reasonable force.
33C
Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—
a
securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station in the relevant police area, or
b
escorting within a police station in the relevant police area, or assisting an officer or another designated person to escort within such a police station, a person detained there.
F20133D
Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—
a
section 55 of the Police and Criminal Evidence Act 1984 of informing a person who is to be subject to an intimate search under that section of the matters of which he is required to be informed in pursuance of subsection (3B) of that section;
b
section 55A of that Act of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that section of the matters of which he is required to be informed in pursuance of subsection (3) of that section.
Part 4Escort Officers
34Power to take an arrested person to a police station
1
Where a designation applies this paragraph to any person—
a
the persons who, in the case of a person arrested by a constable in the relevant police area, are authorised for the purposes of F202subsection (1A) of section 30 of the 1984 Act (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station in that area shall include that person;
b
that section shall have effect in relation to the exercise by that person of the power conferred by virtue of paragraph (a) as if the references to a constable in subsections (3), (4)(a) and (10) (but not the references in subsections (5) to (9)) included references to that person; and
c
a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—
i
shall be treated for all purposes as having that person in his lawful custody;
ii
shall be under a duty F203to keep the person under control and to prevent his escape; and
iii
shall be entitled to use reasonable force to keep that person in his charge F204and under his control .
F205d
a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—
i
shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station;
ii
until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;
iii
for so long as he is at the police station or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and
iv
shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).
2
Without prejudice to any F206application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—
a
he shall have the same powers under subsections (6A) and (6B) of section 54 of the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—
i
to carry out a search of the other person; and
ii
to seize or retain, or cause to be seized or retained, anything found on such a search;
b
subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.
35Escort of persons in police detention
1
Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station in the relevant police area to escort a person in police detention—
a
from that police station to another police station in that or any other police area; or
b
from that police station to any other place specified by the custody officer and then either back to that police station or on to another police station in that area or in another police area.
2
Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station outside the relevant police area to escort a person in police detention—
a
from that police station to a designated police station in that area; or
b
from that police station to any place in that area specified by the custody officer and either back to that police station or on to another police station (whether in that area or elsewhere).
3
A person who is escorting another in accordance with an authorisation under sub-paragraph (1) or (2)—
a
shall be treated for all purposes as having that person in his lawful custody;
b
shall be under a duty F207to keep the person under control and to prevent his escape; and
c
shall be entitled to use reasonable force to keep that person in his charge F208and under his control .
F2093A
A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1) or (2) —
a
shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person there;
b
until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;
c
for so long as he is at the police station or other place, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and
d
shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c).
4
Without prejudice to any F210application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (3) of this paragraph—
a
he shall have the same powers under subsections (6A) and (6B) of section 54 the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—
i
to carry out a search of the other person; and
ii
to seize or retain, or cause to be seized or retained, anything found on such a search;
b
subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.
5
Section 39(2) of that Act (responsibilities of custody officer transferred to escort) shall have effect where the custody officer for any police station transfers or permits the transfer of any person to the custody of a person who by virtue of this paragraph has lawful custody outside the police station of the person transferred as it would apply if the person to whom this paragraph applies were a police officer.
F211F215Part 4A
Sch. 4 Pt. 4A repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116(6)(b), Sch. 7 para. 125(3)(a), Sch. 8
Sch. 4 Pt. 4A inserted (prosp.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 120(5), 178
35AExercise of functions of custody officers
1
Where a designation applies this paragraph to any person, he may (subject to sub-paragraph (2)) perform all the functions of a custody officer under the 1984 Act (except those under section 45A(4) of that Act) and under any other enactment which confers functions on such a custody officer.
2
But in relation to a police station designated under section 35(1) of the 1984 Act, the person must first also be appointed a custody officer for that police station under section 36(2) of that Act.
3
A person performing the functions of a custody officer by virtue of a designation under this paragraph (together with, if appropriate, an appointment as such) shall have all the powers and duties of a custody officer.
4
Except in sections 36 and 45A(4) of the 1984 Act, references in any enactment to a custody officer within the meaning of that Act include references to a person performing the functions of a custody officer by virtue of a designation under this paragraph.
35BPowers in respect of detained persons
Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—
a
to keep under control any person detained at the police station and for whom he is for the time being responsible;
b
to assist any officer or other designated person to keep any other person detained at the police station under control; and
c
to prevent the escape of any such person as is mentioned in paragraph (a) or (b),
and for those purposes shall be entitled to use reasonable force.
35C
Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—
a
section 55 of the Police and Criminal Evidence Act 1984 of informing a person who is to be subject to an intimate search under that section of the matters of which he is required to be informed in pursuance of subsection (3B) of that section;
b
section 55A of that Act of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that section of the matters of which he is required to be informed in pursuance of subsection (3) of that section.
F542Part 5Interpretation of Schedule
36
1
In this Schedule “the relevant police area”—
a
b
F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F544F2142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5442A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Parts 3 and 4 of this Schedule “a designation” means a designation under F545section 39.
F5463A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.
SCHEDULE 5 Powers exercisable by accredited persons
1Power to issue fixed penalty notices
1
An accredited person whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed or is committing a relevant fixed penalty offence at a place within the relevant police area.
2
Those powers are the following powers so far as exercisable in respect of a relevant F216fixed penalty offence—
a
the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;
F219ab
the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);
F220ac
the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);
b
F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F222ba
the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and
c
the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter)
F480d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2232A
The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list—
section 12 of the Licensing Act 1872,
section 91 of the Criminal Justice Act 1967,
section 1 of the Theft Act 1968,
section 1(1) of the Criminal Damage Act 1971,
section 87 of the Environmental Protection Act 1990.
3
In this paragraph “relevant fixed penalty offence”, in relation to an accredited person, means an offence which—
a
is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in F224sub-paragraph (2)(a) to (d) ; and
b
is specified or described in that person’s accreditation as an offence he has been accredited to enforce.
F2253A
For the purposes of paragraph (f) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to an accredited person, includes an offence under a relevant byelaw within the meaning of paragraph 1A(4) (and, accordingly, the reference in that paragraph (f) to paragraph 1 of this Schedule includes a reference to paragraph 1A of this Schedule).
F2264
In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab) F227or (ac) , sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence”.
F2371A
1
This paragraph applies to an accredited person whose accreditation specifies that it applies to him.
2
The accreditation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the accreditation.
3
Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 F484or under section 12 of the Local Government Byelaws (Wales) Act 2012 (fixed penalty notices in relation to offences against certain byelaws).
4
In this paragraph “relevant byelaw”, in relation to an accredited person, means a byelaw which—
a
falls within sub-paragraph (5); and
b
is specified or described in that person's accreditation as a byelaw he has been accredited to enforce under this paragraph.
5
A byelaw falls within this sub-paragraph if—
a
it is a byelaw to which section 237A of the Local Government Act 1972 F485or to which section 12 of the Local Government Byelaws (Wales) Act 2012 applies applies (fixed penalty notices in relation to offences against certain byelaws); and
b
the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph.
6
A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.
7
The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).
2Power to require giving of name and address
1
Where an accredited person whose accreditation specifies that this paragraph applies to him has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address.
2
A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
3
In this paragraph “relevant offence”, in relation to any accredited person, means any offence which is—
a
a relevant fixed penalty offence for the purposes of any powers exercisable by the accredited person by virtue of paragraph 1; or
F228aa
an offence under section 3 or 4 of the Vagrancy Act 1824; or
F229aza
an offence under a relevant byelaw within the meaning of paragraph 1A(4); or
b
an offence the commission of which appears to the accredited person to have caused—
i
injury, alarm or distress to any other person; or
ii
the loss of, or any damage to, any other person’s property;
but the accreditation of an accredited person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the accreditation.
F2304
In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(ab) F231or (ac), sub-paragraph (1) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted “in the relevant police area has committed a relevant offence”.
F5073Power to require name and address of person F507engaging in anti-social behaviour
F5041
An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom he has reason to believe F505to have been engaging, or to be engaging, in anti-social behaviour to give his name and address.
F5062
In sub-paragraph (1), “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).
3AF238Power to require name and address: road traffic offences
1
An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable—
a
under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address; and
b
under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address.
2
The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 8B(4) and 9(2) of this Schedule.
4Alcohol consumption in designated public places
An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the powers of a constable under section 12 of the Criminal Justice and Police Act 2001 (c. 16) (alcohol consumption in public places)—
a
to impose a requirement under subsection (2) of that section; and
b
to dispose under subsection (3) of that section of anything surrendered to him;
and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (5) were references to the accredited person.
5Confiscation of alcohol
An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of intoxicating liquor)—
a
to impose a requirement under subsection (1) F232or (1AA) of that section; and
b
to dispose under subsection (2) of that section of anything surrendered to him;
and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in F233subsections (1), (1AA) and (4) (but not the reference in subsection (1AB) (removal)) were references to the accredited person.
6Confiscation of tobacco etc.
1
An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have—
a
the power to seize anything that a constable in uniform has a duty to seize under subsection (3) of section 7 of the Children and Young Persons Act 1933 (c. 12) (seizure of tobacco etc. from young persons); and
b
the power to dispose of anything that a constable may dispose of under that subsection;
and the power to dispose of anything shall be a power to dispose of it in such manner as the relevant employer of the accredited person may direct.
2
In this paragraph “relevant employer”, in relation to an accredited person, means the person with whom the chief officer of police for the relevant police area has entered into arrangements under section 40.
7Abandoned vehicles
An accredited person whose accreditation specifies that this paragraph applies to him shall have all such powers in the relevant police area as are conferred on accredited persons by regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of abandoned vehicles).
8Power to stop vehicle for testing
A person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable in uniform to stop a vehicle under subsection (3) of section 67 of the Road Traffic Act 1988 (c. 52) for the purposes of a test under subsection (1) of that section.
8AF239Power to stop cycles
1
Subject to sub-paragraph (2), a person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle.
2
The power mentioned in sub-paragraph (1) may only be exercised by that person in relation to a person who he has reason to believe has committed an offence under section 72 of the Highway Act 1835 (riding on a footway) by cycling.
8BF240Power to control traffic for purposes other than escorting a load of exceptional dimensions
1
A person whose accreditation specifies that this paragraph applies to him shall have, in the relevant police area—
a
the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;
b
the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.
2
The purposes for which those powers may be exercised do not include the purpose mentioned in paragraph 9(1).
3
A person whose accreditation specifies that this paragraph applies to him shall also have, in the relevant police area, the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.
4
Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (3), for the purposes for which they may be exercised and by a person whose accreditation specifies that this paragraph applies to him, as if the references to a constable were references to him.
5
A person's accreditation may not specify that this paragraph applies to him unless it also specifies that paragraph 3A applies to him.
9Power to control traffic for purposes of escorting a load of exceptional dimensions
1
A person whose accreditation specifies that this paragraph applies to him shall have, for the purpose of escorting a vehicle or trailer carrying a load of exceptional dimensions either to or from the relevant police area, the power of a constable engaged in the regulation of traffic in a road—
a
to direct a vehicle to stop;
b
to make a vehicle proceed in, or keep to, a particular line of traffic; and
c
to direct pedestrians to stop.
2
Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of those powers for the purpose mentioned in sub-paragraph (1) by a person whose accreditation specifies that this paragraph applies to him as if the references to a constable engaged in regulation of traffic in a road were references to that person.
3
The powers conferred by virtue of this paragraph may be exercised in any police area in England and Wales.
4
In this paragraph “vehicle or trailer carrying a load of exceptional dimensions” means a vehicle or trailer the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.
9ZAF241Photographing of persons given fixed penalty notices
An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc.) to take a photograph, elsewhere than at a police station, of a person to whom the accredited person has given a penalty notice (or as the case may be a fixed penalty notice) in exercise of any power mentioned in paragraph 1(2) F234or in exercise of the power mentioned in paragraph 1A(3).
9AF242Power to modify paragraph F2351(2A)
F2361
The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.
2
The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this paragraph unless a draft of that order has been laid before Parliament and approved by a resolution of each House.
10Meaning of “relevant police area”
In this Schedule “the relevant police area”, in relation to an accredited person, means the police area for which the police force whose chief officer granted his accreditation is maintained.
F252SCHEDULE 5APowers exercisable by accredited inspectors
Sch. 5A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 15(2), 53, Sch. 7; S.I. 2007/709, art. 3(k) (subject to arts. 6, 7)
1Power to issue fixed penalty notices
1
An accredited inspector whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.
2
The powers are the powers of a constable F415... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) so far as exercisable in respect of a relevant fixed penalty offence.
2Power to require giving of name and address
1
Where an accredited inspector whose accreditation specifies that this paragraph applies to him has reason to believe that a person has committed a relevant fixed penalty offence in the relevant police area, he may require the person to give him his name and address.
2
A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
3Photographing of persons given fixed penalty notices
An accredited inspector whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc) to take a photograph, elsewhere than at a police station, of a person to whom the accredited inspector has given a penalty notice in exercise of the powers mentioned in paragraph 1(2).
4Interpretation
In this Schedule—
“the relevant police area”, in relation to an accredited inspector, means the police area for which the police force whose chief officer granted his accreditation is maintained;
“relevant fixed penalty offence”, in relation to an accredited inspector, means an offence which—
- a
is an offence contained in a provision mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001, and
- b
is specified or described in his accreditation as an offence he has been accredited to enforce.
- a
F243F243SCHEDULE 6
Sch. 6 repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(xlix)
F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Minor and Consequential Amendments
1Police (Scotland) Act 1967
1
In subsection (1) of section 38A of the Police (Scotland) Act 1967 (c. 77) (police officers engaged on service outside their force), after paragraph (aa) there shall be inserted—
ab
temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) (service with the Independent Police Complaints Commission);
2
In subsection (6)(a) of that section, after “paragraph (a),” there shall be inserted “
(aa),
”
.
2Superannuation Act 1972
1
In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which that Act applies), at the appropriate place in the entries under the heading “Royal Commissions and other Commissions”, there shall be inserted—
Independent Police Complaints Commission.
2
In that Schedule, in the entries under the heading “Other bodies”, the words “Police Complaints Authority.” shall be omitted.
3Juries Act 1974
In Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (ineligibility for jury service), in Group B, after the entry relating to the Criminal Cases Review Commission there shall be inserted—
Chairman and members of the Independent Police Complaints Commission and any member of its staff who is not otherwise ineligible.
4Rehabilitation of Offenders Act 1974
In section 7(2)(bb) of the Rehabilitation of Offenders Act 1974 (c. 53)
(limitations on rehabilitations under Act etc.), for “a sex offender order under section 2 or, as the case may be, 20” there shall be substituted “
an order under section 2, 2A or 20
”
.
5House of Commons Disqualification Act 1975
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified)—
a
at the appropriate place, there shall be inserted—
The Independent Police Complaints Commission.
;
and
b
the words “The Police Complaints Authority.” shall be omitted.
6Northern Ireland Assembly Disqualification Act 1975
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified)—
a
at the appropriate place, there shall be inserted—
The Independent Police Complaints Commission.
;
and
b
the words “The Police Complaints Authority.”shall be omitted.
I417The Police Pensions Act 1976
1
Section 11 of the Police Pensions Act 1976 (c. 35) (interpretation) shall be amended as follows.
2
In subsection (2) (meaning of “police authority” in relation to pensions)—
a
in paragraph (b), for “(c)”, in the second place where it occurs, there shall be substituted “
(ba)
”
;
b
after paragraph (b) there shall be inserted—
ba
in relation to service of the kind described in section 97(1)(aa) of the Police Act 1996 (c. 16) or section 38A(1)(aa) of the Police (Scotland) Act 1967 (c. 77), it means the Independent Police Complaints Commission;
c
in paragraph (c), for “subsection (ba) or (bc) above” there shall be substituted “
paragraph (ba) or (bc) of subsection (1)
”
;
d
in paragraph (d), for “subsection (bb) or (bd) above” there shall be substituted “
paragraph (bb) or (bd) of subsection (1)
”
;
e
in paragraph (da), for “subsection (be)” there shall be substituted “
subsection (1)(be)
”
.
3
In subsection (5) of that section, in the definition of “central service”, in each of paragraphs (a) and (b), after “paragraph” there shall be inserted “
(aa),
”
.
4
After that subsection, there shall be inserted—
6
References in this Act to the Director General of the National Criminal Intelligence Service and to his service have effect only in relation to cases in which the person in question was a serving police officer for the purposes of section 6 of the Police Act 1997 (c. 50) immediately before his appointment to that office took effect.
8Rehabilitation of Offenders (Northern Ireland) Order 1978
In Article 8(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/ 1908 (N.I. 27)) (limitations on rehabilitation under Order etc.), after sub-paragraph (b) there shall be inserted—
bb
in any proceedings on an application for an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) or in any appeal against the making of such an order;
9The 1984 Act
1
In section 18(5) of the 1984 Act (power of constable to conduct search of an arrested person’s premises before taking him to a police station), for “taking the person” there shall be substituted “
the person is taken
”
.
2
In section 54A(6) of that Act (persons entitled to carry out search or examination or to take photographs), for paragraphs (a) and (b) and the words after paragraph (b) there shall be substituted “
constables
”
.
3
In section 61 of that Act (fingerprinting), before subsection (9) there shall be inserted—
8B
The power to take the fingerprints of a person detained at a police station without the appropriate consent shall be exercisable by any constable.
4
In section 63 of that Act (non-intimate samples), after subsection (9) there shall be inserted—
9ZA
The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.
5
In section 64A(3) of that Act (persons entitled to photograph detainees), for paragraphs (a) and (b) and the words after paragraph (b) there shall be substituted “
constables
”
.
6
In subsection (7B) of section 67 of that Act (limited effect of modification of code of practice), in paragraph (c) for “order” there shall be substituted “
code
”
.
7
After subsection (9) of that section there shall be inserted—
9A
Persons on whom powers are conferred by—
a
any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees), or
b
any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),
shall have regard to any relevant provision of a code of practice to which this section applies in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.
8
In subsection (10) of that section (failure to comply with codes not to render a person liable to civil or criminal proceedings), after paragraph (b) there shall be inserted
, or
c
of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of such a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,
9
In section 118, at the beginning of subsection (2)
(meaning of persons in police detention) there shall be inserted “
Subject to subsection (2A)
”
; and after that subsection there shall be inserted—
2A
Where a person is in another’s lawful custody by virtue of paragraph 22, 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.
10Prosecution of Offences Act 1985
In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), after paragraph (b) there shall be inserted—
ba
to institute and have the conduct of any criminal proceedings in any case where the proceedings relate to the subject-matter of a report a copy of which has been sent to him under paragraph 23 or 24 of Schedule 3 to the Police Reform Act 2002 (c. 30) (reports on investigations into conduct of persons serving with the police);
11Road Traffic Act 1988
1
Section 103 of the Road Traffic Act 1988 (c. 52) (obtaining licence, or driving, while disqualified) shall be amended as follows.
2
Subsection (3) shall cease to have effect.
3
In subsection (4), for “Subsections (1) and (3) above do” there shall be substituted “
Subsection (1) above does
”
.
4
In subsection (5), for “Subsections (1)(b) and (3) above do” there shall be substituted “
Subsection (1)(b) above does
”
.
5
In subsection (6), for “subsections (1) and (3)” there shall be substituted “
subsection (1)
”
.
12
In section 183(1) of the Road Traffic Act 1988 (application to the Crown), in paragraph (c), the words “, except section 103(3)” shall be omitted.
13Aviation and Maritime Security Act 1990
In section 22(4) of the Aviation and Maritime Security Act 1990 (c. 31)
(persons entitled to exercise certain powers in relation to private dwelling), in paragraph (b)(i), for the words from “Police Complaints Authority” to the end of the sub-paragraph there shall be substituted “
Independent Police Complaints Commission under section 26 of the Police Reform Act 2002 (c. 30); or
”
.
14The 1996 Act
In section 8 of the 1996 Act (local policing plans), after subsection (4) there shall be inserted—
4A
It shall be the duty of a police authority and of a chief constable, in preparing, issuing or submitting any plan or draft plan under this section, to have regard to any general guidance given by the Secretary of State with respect to local policing plans and the drafts of such plans.
4B
Before giving any guidance under subsection (4A), the Secretary of State shall consult with—
a
persons whom he considers to represent the interests of police authorities;
b
persons whom he considers to represent the interests of chief officers of police; and
c
such other persons as he thinks fit.
15
In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), before subsection (3) there shall be inserted—
2D
It shall be the duty of the chief inspector of constabulary—
a
to enter into arrangements with the Independent Police Complaints Commission for the purpose of securing cooperation, in the carrying out of their respective functions, between the inspectors of constabulary and that Commission; and
b
to ensure that inspectors of constabulary provide that Commission with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by that Commission of its functions.
16
F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
In section 87 of that Act (guidance concerning disciplinary proceedings), for subsection (2) there shall be substituted—
1A
The Secretary of State may also issue guidance to the Independent Police Complaints Commission concerning the discharge of its functions under any regulations under section 50 in relation to disciplinary proceedings.
2
Nothing in this section shall authorise the issuing of any guidance about a particular case.
3
It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates.
4
A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.
5
In this section “disciplinary proceedings” means any proceedings under any regulations under section 50 that are identified as disciplinary proceedings by those regulations.
19
1
In subsection (1) of section 97 of that Act (police officers engaged on service outside their force), after paragraph (a) there shall be inserted—
aa
temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ;
2
F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20Justices of the Peace Act 1997
F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21The 1997 Act
F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22Police (Northern Ireland) Act 1998
1
In subsection (1) of section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (police officers engaged on service outside the Police Service of Northern Ireland), after paragraph (a) there shall be inserted—
aa
temporary service on which a member of the police force is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30);
2
F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23Freedom of Information Act 2000
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies for the purposes of that Act)—
a
at the appropriate place, there shall be inserted—
The Independent Police Complaints Commission.
;
and
b
the words “The Police Complaints Authority.” shall be omitted.
24Criminal Justice and Police Act 2001
F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I42SCHEDULE 8Repeals
Sch. 8 partly in force; Sch. 8 in force for certain purposes at Royal Assent, see s. 108(2)(3); Sch. 8 in force for certain purposes at 1.10.2002 by S.I. 2002/2306, art. 2(g)(iii); Sch. 8 in force for certain other purposes at 2.12.2002 by S.I. 2002/2750, art. 2(b)(iii); Sch. 8 in force for certain purposes at 1.4.2003 by S.I. 2003/808, art. 2(l); Sch. 8 in force for certain purposes at 1.4.2004 by S.I. 2004/913, art. 2(f); Sch. 8 in force for certain purposes for E. at 30.4.2004 by S.I. 2004/913, art. 3(c); Sch. 8 in force for certain purposes at 1.6.2004 by S.I. 2004/1319, art. 2(f); Sch. 8 in force for certain purposes at 23.12.2004 by S.I. 2004/3338, art. 3(c)
Sch. 8: reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42) repealed (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(4)(b), 174(2), 178(1), Sch. 17 Pt. 1
Short title and chapter | Extent of repeal |
|---|---|
Superannuation Act 1972 (c. 11) | In Schedule 1, in the entries under the heading “Other bodies”, the words “Police Complaints Authority.” |
House of Commons Disqualification Act 1975 (c. 24) | In Part 2 of Schedule 1, the words “Police Complaints Authority.” |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Part 2 of Schedule 1, the words “The Police Complaints Authority.” |
Road Traffic Regulation Act 1984 (c. 27) | In section 96(3)— (a) in the words before paragraph (a), the words “163”; and (b) paragraph (c) and the word “or” immediately preceding it. |
Police and Criminal Evidence Act 1984 (c. 60) | In section 67(10), the word “or” after paragraph (a). |
Housing Act 1985 (c. 68) | In section 4(e), the words “the Metropolitan Police Authority”. |
Housing Act 1988 (c. 50) | In paragraph 12(2)(g) of Schedule 1, the words “and the Metropolitan Police Authority”. |
Road Traffic Act 1988 (c. 52) | Section 103(3). In section 183(1)(c), the words “, except section 103(3)”. |
Road Traffic Offenders Act 1988 (c. 53) | In section 34(3), the word “and” after paragraph (a). |
Official Secrets Act 1989 (c. 6) | Section 11(1). |
Criminal Justice and Public Order Act 1994 (c. 33) | Section 54(5). |
Police Act 1996 (c. 16) | Section 42(5). In section 62(1B), the words “6 or”. Section 63(3)(b). Chapter 1 of Part 4. Section 86. In section 105(2), the words from “paragraph 8” to “that paragraph);”. In Schedule 2, paragraph 25. In Schedule 2A, paragraph 20. Schedule 5. |
Employment Rights Act 1996 (c. 18) | In section 200(1), the words “Part IVA,” and “47B”. |
Protection from Harassment Act 1997 (c. 40) | Section 2(3). |
Police (Health and Safety) Act 1997 (c. 42) | F251. . . |
Police Act 1997 (c. 50) | Section 6(3). In section 9, in subsection (2)(b), the words from “to which” to “applies”. Section 9A(2). Section 39(3). Section 42(6)(a). In section 55, in subsection (2)(b), the words from “to which” to “applies”. Section 55A(2). |
Public Interest Disclosure Act 1998 (c. 23) | Section 13. |
Police (Northern Ireland) Act 1998 (c. 32) | In Schedule 4, sub-paragraphs (2) to (4) of paragraph 22, and sub-paragraph (9) of that paragraph, the words “and 55(3)(c)”. |
Crime and Disorder Act 1998 (c. 37) | In section 1— (a) the words after paragraph (b) of subsection (1); and (b) subsection (2). In section 5(1), the word “and” at the end of paragraph (a). Section 32(2). Section 84(2). |
Football (Offences and Disorder) Act 1999 (c. 21) | Section 1(2)(f). Section 8(3) and (4). |
Local Government Act 1999 (c. 27) | Section 24(3). |
Greater London Authority Act 1999 (c. 29) | In Schedule 27, paragraphs 51, 59, 90 and 97 to 99. |
Police (Northern Ireland) Act 2000 (c. 32) | In Schedule 6, paragraph 20(4). |
Freedom of Information Act 2000 (c. 36) | In Part 6 of Schedule 1, the words “The Police Complaints Authority”. |
Countryside and Rights of Way Act 2000 (c. 37) | In Schedule 12, paragraph 13. |
Criminal Justice and Court Services Act 2000 (c. 43) | In Schedule 7, in paragraph 151, the words “5(2)(b)”. |
Criminal Justice and Police Act 2001 (c. 16) | Section 12(6). Section 46(6). Section 71. Section 80(2). Section 122(3). Section 123(3). Section 125(4)(b). In Schedule 6, paragraph 74. |
Anti-Terrorism, Crime and Security Act 2001 (c. 24) | Section 82(1). Section 94(3). |
Act applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 11