Colombia - Rio Grande Multipurpose Project : Loan 2449 - Guarantee Agreement - Conformed
After section 36 of the 1996 Act there shall be inserted—
After section 39 of the 1996 Act (codes of practice for police authorities) there shall be inserted—
In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), after subsection (2A) there shall be inserted—; and in section 55(1) of that Act (publication of reports) for “or (2A)” there shall be substituted “ , (2A) or (2C) ”.
In section 41 of the Police (Northern Ireland) Act 1998 (c. 32) (appointment and functions of inspectors), after subsection (3) there shall be inserted—; and in section 42(1) of that Act (publication of reports) for “or (3)” there shall be substituted “ , (3) or (3B) ”.
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—
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For subsections (2) and (3) of section 53 of the 1996 Act (regulations as to standard of equipment), there shall be substituted—
After section 53 of the 1996 Act there shall be inserted—
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The body corporate previously known as the Independent Police Complaints Commission—
is to continue to exist, and
is to be known instead as the Independent Office for Police Conduct.
The Office is to consist of—
a Director General appointed by Her Majesty, and
at least six other members.
A person shall not be appointed as the Director General ... if—
he holds or has held office as a constable in any part of the United Kingdom;
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;
he is a person in relation to whom a designation under section 39 is or has been in force;
he is a person in relation to whom an accreditation under section 41 or 41A is or has been in force;
he . . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or
he ... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;
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—
section 26 of this Act; or
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).
he ... has been— the National Policing Improvement Agency;
the chairman or chief executive of, or
another member of, or
another member of the staff of,
the person is, or has been, a National Crime Agency officer;
The other members must consist of— 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.
persons appointed as non-executive members (see paragraph 1A of Schedule 2), and
persons appointed as employee members (see paragraph 1B of that Schedule),
An appointment made in contravention of subsection (3) shall have no effect.
Neither the Office nor the Director General shall— and the Office's property shall not be regarded as property of, or property held on behalf of, the Crown.
be regarded as the servant or agent of the Crown; or
enjoy any status, privilege or immunity of the Crown;
Schedule 2 (which makes further provision in relation to the Office) shall have effect.
The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.
The functions of the Director General shall be—
to secure the maintenance by the Director General ..., and by local policing bodies and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2);
to keep under review all arrangements maintained with respect to those matters;
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;
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;
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 Director General of the Director General's other functions, to be necessary or desirable; ...
to such extent as the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to ... bodies of constables maintained otherwise than by local policing bodies which broadly correspond to those conferred on the Director General in relation to police forces by the preceding paragraphs of this subsection; ...
to carry out functions in relation to the National Crime Agency which correspond to those conferred on the Director General in relation to police forces by paragraph (e) of this subsection ; and
to carry out such corresponding functions in relation to enforcement officers (within the meaning of Part 5 of the Employment Rights Act 2025) acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984;
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—
section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or
section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence) , and
to carry out such corresponding functions in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators) ; and
to carry out such corresponding functions in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).
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Those matters are—
the handling of complaints (within the meaning given by section 12) or other concerns raised by virtue of Part 2B (whistle-blowing);
the recording of matters from which it appears that there may have been conduct by persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;
the manner in which any such complaints or other concerns or any such matters as are mentioned in paragraph (b) or (ba) are investigated or otherwise handled and dealt with.
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;
The Director General shall also have the functions which are conferred on the Director General by—
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any agreement or order under section 26 of this Act (other bodies of constables);
any regulations under section 39 of this Act (police powers for contracted-out staff); or
any regulations under section 26C of this Act (the National Crime Agency);
any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of ... any body of constables maintained otherwise than by a local policing body.
any regulations under section 26CA of this Act (enforcement officers appointed under Employment Rights Act 2025);
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any regulations under section 26E of this Act (food crime officers);
any regulations under section 26G of this Act (public sector fraud investigators);
any regulations under section 26H of this Act (DWP investigators);
It shall be the duty of the Director General—
to exercise the powers and perform the duties conferred on the Director General by the following provisions of this Part in the manner that the Director General considers best calculated for the purpose of securing the proper carrying out of the Director General's functions under subsections (1) and (3); and
to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the Director General has functions.
The Director General also has any functions conferred on the Director General by regulations under section 29C of this Act (regulations about super-complaints).
It shall also be the duty of the Director General—
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 Director General and the inspectors of constabulary; and
to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.
The Director General also has the functions which are conferred on the Director General by Part 2B (whistle-blowing).
Subject to the other provisions of this Part, the Director General may do anything which appears to the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of the Director General's functions.
The Office may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out— impose any such charge on that person for anything done by the Director General for the purposes of, or in connection with, the carrying out of that function as the Director General thinks fit.
the Director General's function under subsection (1)(e), ...
any corresponding function conferred on the Director General by virtue of subsection (1)(f), or
the Director General's function under subsection (1)(g) or (h),
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the chief officer of police of that force; or
a person for the time being carrying out the functions of the chief officer of police of that force.
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)).
In this section, “public sector fraud investigators” means authorised investigators within the meaning given by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025.
In this section, “DWP investigators” means authorised investigators within the meaning given by section 109D of the Social Security Administration Act 1992.
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As soon as practicable after the end of each of the Office's financial years, the Director General and the Office must jointly make a report to the Secretary of State on the carrying out of their functions during that year.
The Secretary of State may also require reports to be made (at any time)—
by the Director General about the carrying out of the Director General's functions,
by the Office about the carrying out of the Office's functions, or
jointly by the Director General and the Office about the carrying out of their functions.
The Office 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—
have come to the Office's notice; and
are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.
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—
have come to the Director General's notice, and
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.
The Director General shall prepare such reports containing advice and recommendations as the Director General thinks appropriate for the purpose of carrying out—
the Director General's function under subsection (1)(e) of section 10; or
any corresponding function conferred on the Director General by virtue of subsection (1)(f) of that section.
Where the Secretary of State receives any report under this section, he shall— lay a copy of the report before Parliament and cause the report to be published.
in the case of every annual report under subsection (1), and
in the case of any other report, if and to the extent that he considers it appropriate to do so,
The Director General and the Office may jointly make reports under subsections (2A) and (3).
The Office shall send a copy of every annual report under subsection (1)—
to every local policing body;
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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 section; and
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to the National Crime Agency.
The Office shall send a copy of every report under subsection (3)—
to any local policing body that appears to the Office to be concerned; and
to the chief officer of police of any police force that appears to it to be concerned.
Where a report under subsection (2A) or (3) relates to the National Crime Agency, the Director General or the Office (as the case may be) shall send a copy of that report to the Agency.
to the Service Authority for that Service or Squad; and
to its Director General.
Where a report under subsection (2A) or (3) relates to a body of constables maintained by an authority other than a local policing body, the Director General or the Office (as the case may be) shall send a copy of that report—
to that authority; and
to the person having the direction and control of that body of constables.
The Director General must send a copy of every report under subsection (2A) —
to any local policing body that appears to the Director General to be concerned, and
to the chief officer of police of any police force that appears to the Director General to be concerned.
The Director General shall send a copy of every report under subsection (4)to—
the Secretary of State;
every local policing body;
every chief officer;
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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; . . .
every person who has the direction and control of such a body of constables; ...
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the National Crime Agency.
The Director General shall send a copy of every report made or prepared by the Director General under subsection (2A) or (4) to such of the persons (in addition to those specified in the preceding subsections) who— as the Director General thinks fit.
are referred to in the report, or
appear to the Director General otherwise to have a particular interest in its contents,
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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— as the Office thinks fit.
are referred to in the report, or
appear to the Office otherwise to have a particular interest in its contents,
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.
The functions of the Office are—
to secure that the Office has in place appropriate arrangements for good governance and financial management,
to determine and promote the strategic aims and values of the Office,
to provide support and advice to the Director General in the carrying out of the Director General's functions, and
to monitor and review the carrying out of such functions.
The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).
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).
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.
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.
The Director General and the Office must carry out their functions efficiently and effectively.
The Director General and the Office must jointly—
prepare a strategy for the carrying out of their functions, and
review the strategy (and revise it as appropriate) at least once every 12 months.
The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.
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.
The Director General and the Office must each give effect to the strategy in carrying out their functions.
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).
In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.
The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.
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.
The code must include provision as to the following—
how the strategy required by section 10C is to be prepared, reviewed and revised;
the matters to be covered by the strategy and the periods to be covered by it from time to time;
how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office;
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;
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;
how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2).
The Code may include whatever other provision the Director General and the Office think appropriate.
The Director General and the Office must jointly review the code regularly and revise it as appropriate.
The Director General and the Office must each comply with the code.
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).
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.
a member of the public who claims to be the person in relation to whom the conduct took place;
a member of the public not falling within paragraph (a) who claims to have been adversely affected by the conduct;
a member of the public who claims to have witnessed the conduct;
a person acting on behalf of a person falling within any of paragraphs (a) to (c).
In this Part “conduct matter” means (subject to the following provisions of this section, section 28A and any regulations made under it, ... 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—
committed a criminal offence; or
behaved in a manner which would justify the bringing of disciplinary proceedings.
But an expression of dissatisfaction is a complaint for the purposes of this Part—
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);
in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed.
The complaints that are complaints for the purposes of this Part by virtue of subsection (1B)(b) do not, except in a case falling within subsection (4), include any where 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.
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 person who claims to be the person in relation to whom the conduct took place;
a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or
a person who claims to have witnessed the conduct.
A case falls within this subsection if—
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
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.
For the purposes of this section a person shall be taken to have witnessed conduct if, and only if—
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
he has in his possession or under his control anything which would in any such proceedings constitute admissible evidence of that conduct.
In this Part “death or serious injury matter” (or “DSI matter” for short) means (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)—
in or in consequence of which a person has died or has sustained serious injury; and
in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.
For 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—
that other person is for the time being designated for the purposes of this Part by the Director General as a person through whom complaints may be made, or he is of a description of persons so designated; or
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.
The requirements of this subsection are that at the time of the death or serious injury the person—
had been arrested by a person serving with the police and had not been released from that arrest; or
was otherwise detained in the custody of a person serving with the police.
For the purposes of this Part, a person is serving with the police if—
he is a member of a police force;
he is an employee of the Common Council of the City of London who is under the direction and control of a chief officer; ...
he is a civilian employee of a police force;
he is a special constable who is under the direction and control of a chief officer; or
he is a person designated as a community support volunteer or a policing support volunteer under section 38.
The requirements of this subsection are that—
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
there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.
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.
In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.
The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part— is to be treated as a person serving with the police.
a contractor,
a sub-contractor of a contractor, or
an employee of a contractor or a sub-contractor,
Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons.
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.
Schedule 3 (which makes provision for the handling of complaints, conduct matters and DSI matters and for the carrying out of investigations) shall have effect ....
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Nothing in Schedule 3 shall have effect with respect to so much of any complaint as relates to the direction and control of a police force by—
the chief officer of police of that force; or
a person for the time being carrying out the functions of the chief officer of police of that force.
The Secretary of State may issue guidance to chief officers and to police authorities about the handling of so much of any complaint as relates to the direction and control of a police force by such a person as is mentioned in subsection (1).
It shall be the duty of a chief officer and of a police authority when handling any complaint relating to such a matter to have regard to any guidance issued under subsection (2).
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).
The provisions specified in this subsection are—
paragraph 2(6) to (6D) of Schedule 3, and
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.
The provisions specified in this subsection are—
section 20, and
section 21 in so far as that section relates to complaints.
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—
the functions of the chief officer to which the notice relates become functions of the local policing body,
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
for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.
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).
The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.
Regulations under subsection (6) may (amongst other things) make provision about—
the steps that a local policing body must take before giving a notice;
the circumstances in which a notice may be withdrawn.
This section applies where—
a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Director General has been submitted to the Director General under paragraph 22(3) or 24A of Schedule 3, or
a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Director General has been submitted to the Director General (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.
The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if the Director General is satisfied that there are compelling reasons for doing so.
Where the Director General makes a determination under subsection (2), the Director General must determine that the re-investigation is to take the form of an investigation by the Director General unless subsection (4) applies, in which case the Director General must determine that the re-investigation is to take the form described in that subsection.
This subsection applies where the Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the Director General.
Where— the Director General may 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 appropriate authority under the direction of the Director General.
the Director General determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the Director General, and
at any time after that the Director General determines that subsection (4) applies in relation to the re-investigation,
Where the Director 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 Director General, the Director General must keep under review whether subsection (4) continues to apply in relation to the re-investigation.
If, on such a review, the Director General Director General determines that subsection (4) no longer applies in relation to a re-investigation, the Director 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 Director General.
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.
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.
The Director General shall notify the appropriate authority of any determination that the Director General makes under this section and of the Director General's reasons for making the determination.
The Director General shall also notify the following of any determination that the Director General makes under this section and of the Director General's reasons for making the determination—
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;
where the determination is made in relation to a complaint, the complainant;
the person to whose conduct the re-investigation will relate.
The duty imposed by subsection (11) on the Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.
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.
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.
It shall be the duty of— to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).
every local policing body maintaining a police force,
the chief officer of police of every police force, and
every inspector of constabulary carrying out any of his functions in relation to a police force,
Those matters are—
matters with respect to which any provision of this Part has effect;
anything which is done under or for the purposes of any such provision; and
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.
It shall be the duty of the National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).
Where— it shall be the duty of the chief officer to whom the requirement is addressed or of the Director General of the Agency to comply with it.
a local policing body maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16... or 18 of Schedule 3,
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
a local policing body or chief officer requires the Director General of the National Crime Agency to provide a National Crime Agency officer for appointment under any of those paragraphs,
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It shall be the duty of— to provide the Director General and every member of the Office's staff with all such assistance as the Director 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 Director General under this Part or any review under paragraph 25 of Schedule 3.
every local policing body maintaining a police force,
the chief officer of police of every police force, and
the National Crime Agency,
the Directors General of that Service and of that Squad,
It shall be the duty of— to ensure that a person appointed under paragraph 16... 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
every local policing body maintaining a police force,
the chief officer of every police force, and
the National Crime Agency,
the Directors General of that Service and of that Squad,
Subsection (2B) applies in a case where it appears to a local policing body that—
an obligation to act or refrain from acting has arisen by or under this Part,
that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and
the chief officer has not yet complied with that obligation, or has contravened it.
The duties imposed by subsections (4) and (5) on a local policing body maintaining a police force and on the chief officer of such a force and on the National Crime Agency have effect— 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 . . . .
irrespective of whether the investigation or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or a a National Crime Agency officer; ...
in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; and
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;
The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.
In subsection (6) “third force”, in relation to an investigation, means a police force other than— and where the person whose conduct is under investigation was a National Crime Agency officer at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.
the force to which the person carrying out the investigation belongs; or
the force to which the person whose conduct is under investigation belonged at the time of the conduct;
The chief officer must comply with any direction given under subsection (2B).
Where the person who requires assistance and co-operation under subsection (5) is a National 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Where— the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.
the person carrying out an investigation is not a National Crime Agency officer; and
the person whose conduct is under investigation was not a National Crime Agency officer at the time of the conduct,
In subsection (9) “the relevant directing officer”—
in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where—
one police force is required to provide assistance to another in connection with an investigation under this Part; or
a police force is required to provide assistance to the Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.
For the purposes of this section—
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
an investigation of a complaint where the complainant expressed dissatisfaction with the other force,
an investigation of 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
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
assistance is required to be provided by a police force (“the assisting force”) to the Director 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
an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,
an investigation of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, ...
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 force, or
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.
Where the assistance is required to be provided by one police force to another, the local policing body maintaining that other police force shall pay to the local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—
as may be agreed between them; or
in the absence of an agreement, as may be determined in accordance with any arrangements which—
have been agreed to by local policing bodies generally; and
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
in the absence of any such arrangements, as may be determined by the Secretary of State.
Where the assistance is required to be provided by a police force to the Director General, Office shall pay to the local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—
as may be agreed between the Director General and that body; or
in the absence of an agreement, as may be determined in accordance with any arrangements which—
have been agreed to by local policing bodies generally and by the Director General; and
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 Director General; or
in the absence of any such arrangements, as may be determined by the Secretary of State.
In this section (subject to subsection (6))—
references to a police force and to a local policing body maintaining a police force include references to the National Crime Agency; and
in relation to that Agency, references to the chief officer are references to the Director General of that Agency.
This section shall have effect in relation to cases in which assistance is required to be provided by the National Crime Agency as if—
the reference in subsection (3)(b) to local policing bodies generally included a reference to the Agency; and
the reference in subsection (4)(b) to local policing bodies generally were a reference to the Agency.
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.
It shall be the duty of— 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 Director General with all such information and documents as may be specified or described in regulations so made.
every local policing body, and
every chief officer,
It shall also be the duty of every local policing body and of every chief officer— as appear to the Director General to be required by the Director General for the purposes of the carrying out of any of the Director General's functions.
to provide the Director General with all such other information and documents specified or described in a notification given by the Director General to that body or chief officer, and
to produce or deliver up to the Director General all such evidence and other things so specified or described,
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—
the notification imposing the requirement; or
in any subsequent notification given by the Director General to that person for the purposes of this subsection.
Nothing in this section shall require a local policing body or chief officer—
to provide the Director General with any information or document, or to produce or deliver up any other thing, before the earliest time at which it is practicable for that body or chief officer to do so; or
to provide, produce or deliver up anything at all in a case in which it never becomes practicable for that body or chief officer to do so.
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 Director General electronically.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— it shall be the duty of the body or, as the case may be, of the chief officer to secure that the required access is allowed to the nominated person.
the Director General requires— to allow a person nominated for the purpose by the Director General to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and
a local policing body maintaining any police force, or
the chief officer of police of any such force,
the requirement is imposed for any of the purposes mentioned in subsection (2),
Those purposes are—
the purposes of any examination by the Director General of the efficiency and effectiveness of the arrangements made by the force in question for handling complaints or dealing with recordable conduct matters or DSI matters;
the purposes of any investigation by the Director General under this Part or of any investigation carried out under the Director General's ... direction.
the purposes of any review by the Director General under paragraph 25 of Schedule 3.
A requirement imposed under this section for the purposes mentioned in subsection (2)(a) must be notified to the body or chief officer at least 48 hours before the time at which access is required.
Where— 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.
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
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 provisions of this section are in addition to, and without prejudice to—
the rights of entry, search and seizure that are or may be conferred on— in his capacity as a constable or as a person with the powers and privileges of a constable; or
a person designated for the purposes of paragraph 19 of Schedule 3, or
any person who otherwise acts on behalf of the Director General,
the obligations of local policing bodies and chief officers under sections 15 and 17.
The Secretary of State may by order make such provision as he thinks appropriate for the purpose of authorising— for the purposes of, or for purposes connected with, the carrying out of the Director General's functions.
the use of directed and intrusive surveillance, and
the conduct and use of covert human intelligence sources,
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— to have effect with such modifications as may be specified in the order.
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
Part 3 of the 1997 Act (authorisations in respect of property),
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.
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.
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).
In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3— it shall be the duty of the Director 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).
by the Director General, or
under the Director General's direction,
In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3— 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).
by the appropriate authority on its own behalf, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where subsection (2) applies, it shall be the duty of the Director General to give the appropriate authority all such directions as the 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.
The matters of which the complainant must be kept properly informed are—
the progress of the handling of the complaint;
the outcome of the handling of the complaint;
any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);
such other matters as may be specified in regulations made by the Secretary of State.
the outcome of any such action.
In any case in which a complaint is being handled— 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).
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
otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),
The duties imposed by this section on the Director 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.
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—
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
is in the interests of national security;
is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;
is required on proportionality grounds; or
is otherwise necessary in the public interest.
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.
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.
Regulations under this section may include provision framed by reference to the opinion of, or a determination by, the Director General or any local policing body or chief officer.
It shall be the duty of a person appointed to carry out an investigation under this Part , or who is otherwise involved in the handling of a complaint under this Part, to provide the Director General or, as the case may be, the appropriate authority with all such information as the Director General or that authority may reasonably require for the purpose of performing their duty under this section.
In any case in which there is an investigation of a complaint, the Director General or the appropriate authority may comply with their duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted (or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted (or completed) under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.
Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—
regulations made under subsection (5), and
section 21A.
A person has an interest in being kept properly informed about the handling of a complaint , recordable conduct matter or DSI matter if—
it appears to the Director General or to an appropriate authority that he is a person falling within subsection (2) or (2A); and
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.
A person falls within this subsection if (in the case of a complaint that relates to conduct of a person serving with the police or a recordable conduct matter)—
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;
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;
he himself has suffered serious injury as the alleged result of that conduct.
A person who does not fall within subsection (2) or (2A) has an interest in being kept properly informed about the handling of a complaint , recordable conduct matter or DSI matter if—
the Director General or an appropriate authority considers that he has an interest in the handling of the complaint , recordable conduct matter or DSI matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and
he has indicated that he consents to the provision of information to him in accordance with this section.
A person falls within this subsection if (in the case of a DSI matter)—
he is a relative of the person who has died;
he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;
he himself is the person who has suffered serious injury.
In relation to a complaint, this section confers no rights on the complainant.
A person who has an interest in being kept properly informed about the handling of a complaint , conduct matter or DSI matter is referred to in this section as an “interested person”.
In any case in which there is an investigation of the complaint , recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3— it shall be the duty of the Director 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).
by the Director General, or
under the Director General's direction,
In any case in which there is an investigation of the complaint , recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3— 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).
by the appropriate authority on its own behalf, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where subsection (7) applies, it shall be the duty of the Director General to give the appropriate authority all such directions as the 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.
The matters of which the interested person must be kept properly informed are—
the progress of the handling of the complaint, recordable conduct matter or DSI matter;
the outcome of the handling of the complaint, recordable conduct matter or DSI matter;
such other matters as may be specified in regulations made by the Secretary of State.
the action (if any) that is taken in respect of the matters dealt with in any such report; and
the outcome of any such action.
The duties imposed by this section on the Director General and the appropriate authority in relation to any complaint , 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.
In any case in which— 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).
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
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,
Subsections (6) to (9) of section 20 apply for the purposes of this section as they apply for the purposes of that section.
In this section “relative” means a person of a description prescribed in regulations made by the Secretary of State.
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.
In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the Director General or the appropriate authority may comply with their duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted (or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted (or completed) under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.
Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—
regulations made under subsection (10), and
section 21A.
Where the Director General receives information within subsection (3), the Director General must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.
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 Director General unless the relevant authority consents to the disclosure.
The information is—
intelligence service information;
protected information relating to a relevant warrant;
information obtained from a government department which, at the time it is provided to the Director 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—
cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or
jeopardise the safety of any person.
Where the Director General or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the Director 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.
In this section—
A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Director General or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—
make the Director 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
provide the Director General or the paragraph 18 investigator with such additional information as will enable the Director General or the paragraph 18 investigator to identify the relevant authority in relation to the information.
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.
The Director General may issue guidance— 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).
to local policing bodies,
to chief officers, and
to persons who are serving with the police otherwise than as chief officers,
Those powers and duties are—
those that are conferred or imposed by or under this Part; and
those that are otherwise conferred or imposed but relate to—
the handling of complaints;
the means by which recordable conduct matters or DSI matters are dealt with; or
the detection or deterrence of misconduct by persons serving with the police.
Before issuing any guidance under this section, the Director General shall consult with—
such persons as appear to the Director General to represent the views of police and crime commissioners;
the National Police Chiefs' Council; and
the Mayor's Office for Policing and Crime;
such other persons as the Director General thinks fit.
the Common Council;
The approval of the Secretary of State shall be required for the issue by the Director General of any guidance under this section.
Without prejudice to the generality of the preceding provisions of this section, the guidance that may be issued under this section includes—
guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters or DSI matters that have not been recorded;
guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter or DSI matter;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
how to decide whether a complaint is suitable for being subjected to local resolution; and
about the information to be provided to a person before his consent to such resolution is given;
guidance about how to protect the scene of an incident or alleged incident which—
is or may become the subject-matter of a complaint; or
is or may involve a recordable conduct matter or DSI matter;
guidance about the circumstances in which it is appropriate (where it is lawful to do so)—
to disclose to any person, or to publish, any information about an investigation of a complaint , conduct matter or DSI matter; or
to provide any person with, or to publish, any report or other document relating to such an investigation;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in this section shall authorise the issuing of any guidance about a particular case.
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.
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.
The Secretary of State may make regulations as to the procedure to be followed under any provision of this Part.
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—
for the appropriate authority, in the case of a complaint that relates to conduct of a person serving with the police, to be required, in accordance with procedures provided for in the regulations—
to supply the person complained against with a copy of the complaint; and
to supply the complainant with a copy of the record made of that complaint;
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 and DSI matters;
for any procedure for the purposes of this Part to be discontinued where— 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;
a complaint is withdrawn;
the complainant indicates that he does not wish any further steps to be taken; or
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;
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;
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;
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;
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;
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— and for splitting a single investigation into two or more separate investigations;
complaints (whether or not relating to the same conduct),
conduct matters, or
DSI matters,
for the procedure to be followed in cases in which the Director General relinquishes the ... direction of any investigation and for the consequences of the Director General doing so;
for the manner in which any reference of a complaint , conduct matter or DSI matter to the Director General is to be made;
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;
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—
whose identity is unascertained at the time at which a complaint is made or a conduct matter is recorded;
whose identity is not ascertained during, or subsequent to, the investigation of a complaint or recordable conduct matter;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to be required to notify actions and decisions it takes in consequence of the receipt of a memorandum under paragraph 23 or 25 of Schedule 3; and
to be authorised to provide information in relation to the matters notified;
for the records to be kept by local policing bodies and chief officers—
with respect to complaints and purported complaints;
with respect to recordable conduct matters or DSI matters; and
with respect to the exercise and performance of their powers and duties under this Part;
for the Director General to be required to establish and maintain a register of such information provided to the 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 Director General;
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;
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.
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);
for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the Director General by a person who is not that person's legal representative but is of a description specified in the regulations.
Before making any regulations under this Part, the Secretary of State shall consult with—
the Office;
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
the Director General;
the National Police Chiefs' Council; and
such other persons as he thinks fit.
the Mayor's Office for Policing and Crime;
the Common Council;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For subsection (1) of section 39 of the 1997 Act (complaints about members of NCIS) there shall be substituted—
In subsection (2) of that section—
for “shall” there shall be substituted “may”; and
for paragraph (c) there shall be substituted—
After that subsection there shall be inserted—
Subsection (3) of that section (guidance by the Secretary of State after consultation with the Scottish Ministers) shall cease to have effect.
For subsections (1) to (3) of section 83 of that Act (complaints about members of NCS and guidance by the Secretary of State) there shall be substituted—
Notwithstanding any provision made by or under any enactment passed or made before this Act— 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.
the Director General, and
an authority other than a local policing body which maintains a body of constables,
If it appears to the Secretary of State appropriate to do so in relation to any body of constables maintained otherwise than by a local policing body to establish any such corresponding or similar procedures, he may by order—
provide for the establishment and maintenance of such procedures in relation to that body of constables; and
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—
provide for those procedures to be superseded by the provision made by the order; and
make transitional provision in connection with the replacement of the superseded procedures.
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—
the Ministry of Defence Police; and
the British Transport Police Force.
An agreement under this section shall not be made, varied or terminated except with the approval of the Secretary of State.
An agreement or order under this section in relation to any body of constables may contain provision for enabling the Director 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.
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.
Before making an order under this section the Secretary of State shall consult with both—
the Director General; and
the authority maintaining the body of constables to whom the order relates.
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.
Where, immediately before the coming into force of this section, any procedures have effect in relation to any body of constables by virtue of— 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.
section 78 of the 1996 Act (which made provisions similar to that made by this section), or
paragraph 13 of Schedule 8 to that Act (transitional provisions),
Subsection (9) has effect subject to the provisions of any order made under section 28.
The Secretary of State shall by regulations make provision for the manner in which the following cases are to be handled or dealt with—
cases in which allegations of misconduct are made against members of the Office's staff; and
cases in which there is otherwise an indication that there may have been misconduct by a member of the Office's staff.
Regulations under this section may apply, with such modifications as the Secretary of State thinks fit, any provision made by or under this Part.
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.
Before making any regulations under this section the Secretary of State shall consult with the Office and the Director General.
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The Director 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.
An agreement under this section—
must not be made or varied except with the approval of the Secretary of State; and
must not be terminated unless—
it is replaced by another such agreement, and
the Secretary of State approves.
An agreement under this section may contain provision for enabling the Director 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.
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.
The Secretary of State must make regulations conferring functions on the Director General in relation to the exercise of functions by the Director General of the National Crime Agency and other National Crime Agency officers.
Regulations under this section may, in particular—
apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;
make provision for payment by the National Crime Agency to, or in respect of, the the Office or in respect of its Director General.
Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
the Director General has functions by virtue of this section, and
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
A National Crime Agency officer 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 NCA complaints function.
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
by virtue of this section, or
under the Parliamentary Commissioner Act 1967.
Regulations under this section may, in particular, make— including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.
further provision about the disclosure of information under subsection (5) or (6);
provision about the further disclosure of information that has been so disclosed;
Except as provided for in regulations under this section, that Schedule to that Act does not apply to—
the disclosure of information under subsection (5) or (6), or
the further disclosure of information so disclosed.
In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General of the National Crime Agency or any other National Crime Agency officer.
The Secretary of State may make regulations conferring functions on the Director General in relation to enforcement officers acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984.
In this section “enforcement officer” means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025.
Regulations under this section may, in particular—
apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
the Director General has functions by virtue of this section, and
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
The Secretary of State or an enforcement officer 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 a relevant complaints function.
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
by virtue of this section, or
under the Parliamentary Commissioner Act 1967.
Regulations under this section may, in particular, make—
further provision about the disclosure of information under subsection (5) or (6);
provision about the further disclosure of information that has been so disclosed.
A disclosure of information authorised by this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But this section does not authorise a disclosure of information that—
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
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section—
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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—
section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or
section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).
Regulations under this section may, in particular—
apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
make provision for payment by the Agency to, or in respect of, the Office or in respect of the Director General.
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
the Director General has functions by virtue of this section, and
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
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.
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
by virtue of this section, or
under the Parliamentary Commissioner Act 1967.
Regulations under this section may, in particular, make—
further provision about the disclosure of information under subsection (4) or (5);
provision about the further disclosure of information that has been so disclosed.
A disclosure of information authorised by this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But this section does not authorise a disclosure of information that—
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
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section—
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.
Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.
An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.
Before making regulations under this section the Secretary of State must consult—
the Director General; and
the ICRIR.
Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.
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.
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.
In this section—
The Minister for the Cabinet Office (“the Minister”) may make regulations conferring functions on the Director General in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).
Regulations under this section may, in particular—
apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
make provision for payment by the Minister to, or in respect of, the Office or in respect of the Director General.
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
the Director General has functions by virtue of this section, and
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
The Minister 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 a public sector fraud complaints function.
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
by virtue of this section, or
under the Parliamentary Commissioner Act 1967.
Regulations under this section may, in particular, make—
further provision about the disclosure of information under subsection (4) or (5);
provision about the further disclosure of information that has been so disclosed.
A disclosure of information authorised by or under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section—
The Secretary of State may make regulations conferring functions on the Director General in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).
Regulations under this section may, in particular—
apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
the Director General has functions by virtue of this section, and
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
The Secretary of State 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 a DWP complaints function.
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
by virtue of this section, or
under the Parliamentary Commissioner Act 1967.
Regulations under this section may, in particular, make—
further provision about the disclosure of information under subsection (4) or (5);
provision about the further disclosure of information that has been so disclosed.
A disclosure of information authorised by or under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section—
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The Secretary of State may, in connection with the coming into force of any provision of this Part, by order make such transitional provision and savings (including provision modifying this Part) as he thinks fit.
The Secretary of State may, for the purpose of facilitating the carrying out by the Commission of its functions, or in connection with the coming into force of any provision of this Part, by order make such provision as he thinks fit—
for the transfer and apportionment of property; and
for the transfer, apportionment and creation of rights and liabilities.
The provision that may be made by an order under this section shall include provision that— the functions of the Police Complaints Authority under an enactment so contained are to be carried out by the Commission.
pending the coming into force of any repeal by this Act of an enactment contained in Chapter 1 of Part 4 of the 1996 Act (complaints), or
for transitional purposes connected with the coming into force of any such repeal,
The provision that may be made by an order under this section shall also include transitional provision in connection with the repeal by this Act of the reference to the Police Complaints Authority in Schedule 1 to the Superannuation Act 1972 (c. 11).
An order under this section may—
provide for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order; and
make provision as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).
Where a person— the Secretary of State may make a payment to that person of such amount as the Secretary of State may, with the consent of the Treasury, determine.
ceases to be a member of the Police Complaints Authority by reason of its abolition, and
does not become a member of the Commission,
The Director General may, if the Director General considers that there are exceptional circumstances—
direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and
direct the appropriate authority to record the matter under this Part.
A “pre-commencement matter” means a matter which—
is a complaint or a conduct matter,
relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and
(apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.
“Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).
The Director General may, if the Director General considers that there are exceptional circumstances, direct that a matter to which subsection (5) applies should be treated as a conduct matter or a DSI matter.
This subsection applies to a matter which—
relates to conduct which took place, or circumstances which occurred, before 1 April 2004,
has been the subject of a relevant complaint, and
would be a conduct matter or a DSI matter if it had not been the subject of a relevant complaint.
“Relevant complaint” means—
a complaint made before 1 April 2004, or
a complaint made on or after that date to which a relevant transitional provision applied.
On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this section— insofar as the matter relates to conduct forming part of the Troubles.
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
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),
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).
Where under subsection (1)(a) the Director 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.
The appropriate authority must comply with a direction under subsection (1)(b).
Where under subsection (4) the Director 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.
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 Director General has made a direction under subsection (1) or (4).
In this Part—
“the appropriate authority”, in relation to a person serving with the police or in relation to any complaint, matter or investigation relating to the conduct of such a person, means—
if that person is a senior officer, the police authority for the area of the police force of which he is a member; and
a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
The Director General holds office in accordance with the terms of his or her appointment. 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). 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 Director General; and an appointment made in contravention of this sub-paragraph shall have no effect. The appointment of the Director General shall be for a term not exceeding five years; but the Director General shall be eligible for re-appointment at the end of his term of office. The Director General may be removed from office by Her Majesty either— The following are grounds for removing the Director General from office— 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.
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 the Director General as the Secretary of State may determine. Where— the Secretary of State may direct the Office to make a payment to that person of such amount as the Secretary of State may determine. The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office. Remuneration arrangements under sub-paragraph (3)— Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.
Where a person who— is appointed as the Director General..., the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Office; and his rights under the scheme shall not be affected by anything done under paragraph 4. The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the Office.
The arrangements for the proceedings of the Office (including the quorum for meetings and the establishment of committees) shall be such as the Office may determine. But the arrangements must include provision for— The arrangements must secure that the audit committee consists only of non-executive members of the Office. The arrangements may include provision for the committees established under the arrangements to include members of the Office's staff and other persons who are not members of the Office. The arrangements may include provision for persons selected by the Office to attend meetings of the Office or of any committee established by it. The Office may— The arrangements may provide for the carrying out, under the general direction of the Office, of any of the Office's functions— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may pay to the Office—
sums equal to any amounts paid or falling to be paid by it under any provision of this Act (other than paragraph 15); and
such other sums as appear to him to be appropriate for enabling it to meet the expenses incurred or to be incurred in the carrying out of its or the Director General's functions.
The Office shall— The Comptroller and Auditor General shall—
Where a recordable conduct matter that relates to the conduct of a chief officer comes to the attention of the local policing body maintaining his force, it shall be the duty of that 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. 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. 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. 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. It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1). 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 local policing body maintaining his force or by the Director General.
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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 until a report on that investigation has been submitted to the Commission or to the appropriate authority under paragraph 22. Nothing in this paragraph shall prevent the bringing of criminal or disciplinary proceedings in respect of any conduct at any time after the discontinuance of the investigation in accordance with the provisions of this Schedule which relates to that conduct. 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.
This paragraph applies where— On receipt of the report, the Commission— The Director of Public Prosecutions shall notify the Commission 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). It shall be the duty of the Commission to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(c). Those persons are— Where the Commission— the Commission shall give a notification to the appropriate authority requiring it to determine what action (if any) it will itself take in respect of the matters dealt with in the report. On being required under sub-paragraph (6) to determine what action it will take in respect of the matters dealt with in the report the appropriate authority shall make that determination and submit a memorandum to the Commission which— On receipt of a memorandum under sub-paragraph (7), the Commission shall— On the making of a determination under sub-paragraph (8)(b) the Commission shall give a notification— The notification required by sub-paragraph (9) is one setting out— Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the Commission by sub-paragraph (9) of this paragraph as they have effect in relation to the duties imposed on the Commission by that section. Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (11), the Commission shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in sub-paragraph (9) notification of the findings of the report by sending that person a copy of the report.
On a review under paragraph 25(8)(a) of the findings of an investigation the powers of the Commission shall be, according to its determination on that review, to do one or more of the following— Where the Commission directs under paragraph 25 or sub-paragraph (1) that a complaint be re-investigated, it shall make a determination of the form that the re-investigation should take. Sub-paragraphs (3) 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. The other provisions of this Schedule (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under paragraph 25(8) or sub-paragraph (1) of this paragraph as they apply in relation to any investigation in pursuance of a determination under paragraph 15. The Commission shall give notification of any determination made by it under this paragraph— The Commission shall also give notification of any directions given to the appropriate authority under this paragraph —
Where a designation applies this paragraph to any person, that person 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 to have been acting, or to be acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)) to give his name and address. Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under sub-paragraph (2) of that paragraph.
Where a designation applies this paragraph to any person, that person 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)— 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 (4) (but not the reference in subsection (5) (arrest)) were references to that person.
to impose a requirement under subsection (1) of that section; and
to dispose under subsection (2) of that section of anything surrendered to him;
Where a designation applies this paragraph to any person— A person to whom this paragraph applies shall not enter any premises in exercise of the power conferred by section 59(3)(c) except in the company, and under the supervision, of a constable.
Where a designation applies this paragraph to any person, that person 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— 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 designation applies this paragraph to him as if the references to a constable engaged in regulation of traffic in a road were references to that person. The powers conferred by virtue of this paragraph may be exercised in any police area in England and Wales. 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.
Where a designation applies this paragraph to any person— A person shall not exercise any power of stop, search or seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.
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. 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. In this paragraph “relevant offence”, in relation to any accredited person, means any offence which is—
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)— 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 (4) (but not the reference in subsection (5) (arrest)) were references to the accredited person.
to impose a requirement under subsection (1) of that section; and
to dispose under subsection (2) of that section of anything surrendered to him;
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.
Chairman and members of the Independent Police Complaints Commission and any member of its staff who is not otherwise ineligible.
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified)—
The Independent Police Complaints Commission.
the words “The Police Complaints Authority.” shall be omitted.
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”. 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”. In section 61 of that Act (fingerprinting), before subsection (9) there shall be inserted— In section 63 of that Act (non-intimate samples), after subsection (9) there shall be inserted— 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”. 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”. After subsection (9) of that section there shall be inserted— 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. 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—
“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;
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
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This paragraph applies where a complaint has been recorded by the appropriate authority. But this paragraph does not apply to a complaint if it is one that has been, or must be, referred to the Director General under paragraph 4, unless the complaint is for the time being— The appropriate authority must handle the complaint in such reasonable and proportionate manner as the authority determines. An appropriate authority may handle a complaint in accordance with sub-paragraph (2A) by (amongst other things)— 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— The Secretary of State may by regulations provide for the duty in sub-paragraph (2C) to be subject to exceptions. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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).
Subject to sub-paragraph (2), a complainant whose complaint has been subjected to local resolution shall have a right of appeal to the Commission against the conduct of the local resolution of that complaint. The only matter that shall fall to be determined on an appeal under this paragraph is whether there have been any contraventions of the procedural requirements relating to the local resolution of the complaint. Where an appeal is brought under this paragraph, it shall be the duty of the Commission to give both— an opportunity of making representations about the matters to which the appeal relates. On an appeal under this paragraph, the Commission shall determine whether there have been any contraventions of the procedural requirements relating to the local resolution of the complaint. Where the Commission finds in the complainant’s favour on an appeal under this paragraph— Where the Commission determines for the purposes of sub-paragraph (5) that the future handling of the complaint should include an investigation, paragraph 15 shall apply as it applies in the case of a determination mentioned in sub-paragraph (1) of that paragraph. The Commission— The Secretary of State may by regulations make provision—
This paragraph applies where— This paragraph also applies where the Director General determines under paragraph 6A(5)(a) that it is necessary for a complaint to be investigated. It shall be the duty of the Director General to determine the form which the investigation should take. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The only forms which the investigation may take in accordance with a determination made under this paragraph are— In making a determination under sub-paragraph (2) the Director 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 Director General must determine that the investigation is to take that form. Where, in accordance with sub-paragraph (4A), the Director 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 Director General must determine that the investigation is to take the form of an investigation by the Director General unless sub-paragraph (4C) applies. This sub-paragraph applies where the Director 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 Director General, in which case the Director General must determine that the investigation is to take that form. Where the Director 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 Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation. If, on such a review, the Director General determines that— Subject to sub-paragraph (5A), if at any time the Director General determines that, were the Director General to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the Director General may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form. 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 Director General may give— such directions as the Director General considers appropriate for the purpose of giving effect to the new determination. It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it. The Director General shall notify the appropriate authority of any determination that the Director General makes under this paragraph in relation to a particular complaint , recordable conduct matter or DSI matter and of the Director General's reasons for making the determination. The Director General shall also notify the following of any determination that the Director General makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of the Director General's reasons for making the determination— The duty imposed by sub-paragraph (9) on the Director 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. Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (10) as they apply for the purposes of that section.
This paragraph applies where the Director General has determined that the Director General should direct the investigation by the appropriate authority of any complaint , recordable conduct matter or DSI matter. On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint— to investigate the complaint or matter. The Director General may require that no appointment is made under sub-paragraph (2) unless the Director General has given notice to the appropriate authority that the Director General approves the person whom that authority proposes to appoint. Where at any time the Director General is not satisfied with the person investigating, the Director General may require the appropriate authority, as soon as reasonably practicable after being required to do so— Sub-paragraph (2B) applies whether the person investigating was appointed— Where a selection made in pursuance of a requirement under sub-paragraph (2B) has been notified to the Director General— A person appointed under this paragraph to investigate any complaint or conduct matter— A person appointed under this paragraph to investigate any DSI matter— The person appointed to investigate the complaint or matter shall, in relation to that investigation, be under the direction and control of the Director General. The person appointed to investigate the complaint or matter shall keep the Director General informed of the progress of the investigation.
If it any time appears to the Commission (whether on an application by the appropriate authority or otherwise) that a complaint or matter that is being investigated— is of a description of complaint or matter specified in regulations made by the Secretary of State for the purposes of this sub-paragraph, the Commission may by order require the discontinuance of the investigation. The Commission shall not discontinue any investigation that is being carried out in accordance with paragraph 19 except in such cases as may be authorised by regulations made by the Secretary of State. Where the Commission makes an order under this paragraph or discontinues an investigation being carried out in accordance with paragraph 19, it shall give notification of the discontinuance— Where an investigation of a complaint or recordable conduct matter is discontinued in accordance with this paragraph— The appropriate authority shall comply with any directions given to it under sub-paragraph (4).
This paragraph applies where— On receipt of the report or (as the case may be) of the copy, the appropriate authority— 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). It shall be the duty of the appropriate authority to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(b). Those persons are— Where the appropriate authority— the appropriate authority shall determine what action (if any) it will itself take in respect of the matters dealt with in the report. On the making of a determination under sub-paragraph (6) the appropriate authority shall give a notification— The notification required by sub-paragraph (7) is one setting out— Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the appropriate authority by sub-paragraph (7) of this paragraph as they have effect in relation to the duties imposed on the appropriate authority by that section. Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (9), the appropriate authority shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in sub-paragraph (7) notification of the findings of the report by sending that person a copy of the report.
This paragraph applies where, in the case of any investigation, the appropriate authority— 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— Where this paragraph applies by virtue of sub-paragraph (1)(b), the Commission may make a recommendation to the appropriate authority in respect of any person serving with the police— and it shall be the duty of the appropriate authority to notify the Commission 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. If, after the Commission 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 direction under sub-paragraph (4) may, to such extent as the Commission thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation. Where the Commission gives the appropriate authority a direction under this paragraph, it shall supply the appropriate authority with a statement of its reasons for doing so. Where disciplinary 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. The Commission 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. The appropriate authority shall keep the Commission informed—
This paragraph applies if a designation applies it to any person. Where that person 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. Where, in a case in which a requirement under sub-paragraph (2) has been imposed on another person— the person who imposed the requirement may require the other person to wait with him, for a period not exceeding thirty minutes, for the arrival of a constable. A person who has been required under sub-paragraph (3) to wait with a person to whom this Part of this Schedule applies may, if requested to do so, elect that (instead of waiting) he will accompany the person imposing the requirement to a police station in the relevant police area. A person who— is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. In this paragraph “relevant offence”, in relation to a person to whom this paragraph applies, means any offence which is—
Where a designation applies this paragraph to any person, that person 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)— 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 that person.
to impose a requirement under subsection (2) of that section; and
to dispose under subsection (3) of that section of anything surrendered to him;
Where a designation applies this paragraph to any person, that person shall have the powers of a constable under section 17 of the 1984 Act to enter and search any premises in the relevant police area for the purpose of saving life or limb or preventing serious damage to property.
Where a designation applies this paragraph to any person, that person 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.
Where a designation applies this paragraph to any person, that person shall, in relation to any cordoned area in the relevant police area, have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c. 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.
Where a designation applies this paragraph to any person—
he shall have the powers of a constable under section 9(1) of the 1984 Act (special provisions for access) to obtain access, in accordance with Schedule 1 to that Act and the following provisions of this paragraph, to excluded material and special procedure material;
that Schedule shall have effect for the purpose of conferring those powers on that person as if —
the references in paragraphs 1, 4, 5, 12 and 13 of that Schedule to a constable were references to that person; and
the references in paragraphs 12 and 14 of that Schedule to premises were references to premises in the relevant police area;
section 19(6) of that Act (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by paragraph 13 of Schedule 1 to that Act as it has effect in relation to the seizure of anything under that paragraph by a constable;
section 20 of that Act (extension of powers of seizure to computerised information) shall have effect in relation the power of seizure conferred on that person by paragraph 13 of Schedule 1 to that Act as it applies in relation to the power of seizure conferred on a constable by that paragraph;
section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by paragraph 13 of Schedule 1 to that Act as if the references to a constable and to an officer included references to that person; and
sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (d), and to anything produced to him under paragraph 4(a) of Schedule 1 to that Act—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by paragraph 13 of that Schedule or taken away by a constable following the imposition of a requirement by virtue of section 20 of that Act or, as the case may be, to anything produced to a constable under paragraph 4(a) of that Schedule; and
as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to any person, section 21 of the 1984 Act (access and copying) shall have effect in relation to anything seized in the relevant police area by a constable as if the references to a constable in subsections (3), (4) and (5) of section 21 (supervision of access and photographing of seized items) included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to any person—
he shall have the powers of a constable under sections 36(1)(c) and 37(1)(c) of the Criminal Justice and Public Order Act 1994 (c. 33) to request a person who— to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and
has been arrested by a constable, or by any person to whom paragraph 21 applies, and
is detained at any place in the relevant police area,
the references to a constable in sections 36(1)(b) and (c) and (4) and 37(1)(b) and (c) and (3) of that Act shall have effect accordingly as including references to the person to whom this paragraph is applied.
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)— 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.
Where a designation applies this paragraph to any person—
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
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.
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 subsection (4) of section 63A of the 1984 Act (supplementary provisions relating to fingerprints and samples) to require a person to attend a police station in order to have a sample taken.
The validity of any proceedings of the Office or of any of its committees shall not be affected by—
any defect in the appointment of the Director General or any member of the Office; or
any vacancy in the office of Director General or among the members of the Office.
Where a complaint is made to the Director General, the Director General shall give notification of the complaint to the appropriate authority. But the Director General need not give that notification if the Director General considers that there are exceptional circumstances that justify its not being given. Where a complaint is made to a local policing body, it shall— Where a complaint is made to a chief officer, he shall— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the Director General, a local policing body or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) ..., the person who gave the notification ... shall notify the complainant— Where— the body or chief officer shall contact the complainant and seek the complainant's views on how the complaint should be handled. 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— The local policing body or chief officer must determine that a complaint is to be handled in accordance with this Schedule if— 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).) 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. Nothing in this paragraph shall require the taking of any action in relation to a complaint if the complaint has been withdrawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 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.
It shall be the duty of the Director General in the case of every complaint referred to the Director General by a local policing body or chief officer, to determine whether or not it is necessary for the complaint to be investigated. The Secretary of State may by regulations provide that the Director General must determine that it is necessary for complaints referred to the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated. Regulations under sub-paragraph (1A) may provide that the duty on the Director 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. Regulations under sub-paragraph (1A) may also provide that, where the Director 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. Where the Director General determines under this paragraph that it is not necessary for a complaint to be investigated — Where the Director General refers a complaint back under sub-paragraph (2), the Director General shall give a notification of the making of the reference back—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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— 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 person who is escorting another in accordance with an authorisation under sub-paragraph (1) or (2)— Without prejudice to any designation under paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (3) of this paragraph— 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.
“complainant” shall be construed in accordance with subsection (2);
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— 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—
Section 80 shall become subsection (1) of that section, and in that section, after that subsection, there shall be inserted—
This paragraph applies where— The authority or chief officer— Where a local 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 determine whether the matter is one which it or he is required to refer to the Director General under paragraph 13 or is one which it would be appropriate to so refer. In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Director General under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter. 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. 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. In any other case, the appropriate authority may (but need not) record the matter. In a case where the appropriate authority— the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine. Nothing in sub-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. For the purposes of this paragraph civil proceedings involve a conduct matter if— 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.
It shall be the duty of a local policing body or a chief officer to refer a recordable conduct matter to the Director General if, in a case (whether or not falling within paragraph 10) in which the body or chief officer is the appropriate authority— 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 Director General if that authority considers that it would be appropriate to do so by reason of— In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a local policing body maintaining any police force may refer any recordable conduct matter to the Director General if— Where there is an obligation under this paragraph to refer any matter to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State. Subject to sub-paragraph (7), the following powers— 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 Director General. Where— that body or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates. A matter that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 13A—
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. This paragraph also applies if the appropriate authority is required by virtue of— to make arrangements for a complaint, recordable conduct matter or DSI matter to be investigated by the appropriate authority on its own behalf. This paragraph also applies if— Subject to sub-paragraph (4) or (5), it shall be the duty of the appropriate authority to appoint— to investigate the complaint or matter. The person appointed under this paragraph to investigate any complaint or conduct matter— The person appointed under this paragraph to investigate any DSI matter—
This paragraph applies where the Director General has determined that the Director General should ... carry out the investigation of a complaint , recordable conduct matter or DSI matter. The Director General must designate both— The person designated under sub-paragraph (2) to take charge of an investigation must be— 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. 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. A person who— 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. A person 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— The Secretary of State may by order provide that— shall apply. 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 the Director General or a member of the Office's staff of or above a specified grade. References in this paragraph to the powers and privileges of a constable— In this paragraph “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.
On the completion of his investigation, a person appointed under paragraph 16 shall submit a report on it to the appropriate authority. On the completion of his investigation, a person appointed under paragraph 17 or 18 shall— On the completion of an investigation by the Commission itself, the person designated under paragraph 19 as the person in charge of the investigation shall submit a report on it to the Commission. A person submitting 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.
This paragraph applies where a complaint has been subjected to— The complainant shall have the following rights of appeal to the Commission— and it shall be the duty of the Commission to notify the appropriate authority, every person entitled to be kept properly informed in relation to the complaint under section 21 and the person complained against of any appeal brought under this paragraph. On the bringing of an appeal under this paragraph, the Commission may require the appropriate authority to submit a memorandum to the Commission which— and it shall be the duty of the appropriate authority to comply with any requirement under this sub-paragraph. Where the Commission so requires on the bringing of any appeal under this paragraph in the case of an investigation by the appropriate authority on its own behalf, the appropriate authority shall provide the Commission with a copy of the report of the investigation. On an appeal under this paragraph, the Commission shall determine— If, on an appeal under this paragraph, the Commission determines that the complainant has not been provided with adequate information about any matter, the Commission shall give the appropriate authority all such directions as the Commission considers appropriate for securing that the complainant is properly informed. Nothing in sub-paragraph (6) shall authorise the Commission to require the disclosure of any information the disclosure of which to the appellant has been or is capable of being withheld by virtue of regulations made under section 20(5). If, on an appeal under this paragraph, the Commission determines that the findings of the investigation need to be reconsidered, it shall either— If, on an appeal under this paragraph, the Commission determines that the appropriate authority is not proposing to take the action in consequence of the report that the Commission considers appropriate, the Commission shall— The Commission shall give notification of any determination under this paragraph— The Commission shall also give notification of any directions given to the appropriate authority under this paragraph— It shall be the duty of the appropriate authority to comply with any directions given to it under this paragraph. The Secretary of State may by regulations make provision—
Where— the Commission shall 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. Where in the case of an investigation of a complaint the appropriate authority— it shall be the duty of the Commission to determine what if any further steps to take under that paragraph. It shall be the duty of the Commission to notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—
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 section 27(1) of the 1984 Act (fingerprinting of suspects) to require a person to attend a police station in order to have his fingerprints taken.
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. 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.
Where a designation applies this paragraph to any person—
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;
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
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.
is laid down by regulations under paragraph 8 of Schedule 3 for complaints which it has been decided, in accordance with paragraph 6 of that Schedule, to subject to local resolution;
“information” includes estimates and projections, and statistical analyses;
the Ministry of Defence Police,
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The Office may appoint staff. The Office may make arrangements with— under which members of his force are engaged on temporary service with the Office. The Office may make such other arrangements for its staffing (including arrangements in relation to terms and conditions and management of staff) as the Director General thinks fit. A member of a police force on temporary service with the Office shall be under the direction and control of the Director General. 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)). 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 of the powers under this paragraph.
The Office may set up regional offices in places in England and Wales. 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)). The power under sub-paragraph (1) may be exercised—
A document purporting to be— shall be received in evidence and shall, unless the contrary is shown, be taken to be so executed or signed.
duly executed by the Office under its seal, or
signed on its behalf,
The Office shall not borrow money unless authorised to do so (whether generally or specially) by the Secretary of State.
Where a designation applies this paragraph to any person, that person 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. Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence— In this paragraph “relevant fixed penalty offence”, in relation to a designated person, means an offence which—
This paragraph applies where a designation— The matters that may be set out in a designation as the matters in respect of which a person has the power conferred by this paragraph shall be confined to— In any case in which a person to whom this paragraph applies has imposed a requirement on any other person under paragraph 2(2) or 3(1) in respect of anything appearing to him to be a matter set out in the designation, he may use reasonable force to prevent that other person from making off while he is either—
Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have— and the power to dispose of anything shall be a power to dispose of it in such manner as the police authority may direct.
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
the power to dispose of anything that a constable may dispose of under that subsection;
Where a designation applies this paragraph to any person, that person shall have any such powers in the relevant police area as are conferred on persons designated under that section by regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of abandoned vehicles).
Where a designation applies this paragraph to any person, that person shall have the following powers in the relevant police area—
the power to carry out any road check the carrying out of which by a police officer is authorised under section 4 of the 1984 Act (road checks); and
for the purpose of exercising that power, the power conferred by section 163 of the Road Traffic Act 1988 (c. 52) (power of police to stop vehicles) on a constable in uniform to stop a vehicle.
Where a designation applies this paragraph to any person—
he shall have the powers of a constable under section 18 of the 1984 Act (entry and search after arrest) to enter and search any premises in the relevant police area and to seize and retain anything for which he may search under that section;
subsections (5) and (6) of that section (power to carry out search before arrested person taken to police station and duty to inform senior officer) shall have effect in relation to any exercise by that person of those powers as if the references in those subsections to a constable were references to that person;
section 19(6) of that Act (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything by a constable;
section 20 of that Act (extension of powers of seizure to computerised information) shall have effect in relation the power of seizure conferred on that person by virtue of sub-paragraph (a) as it applies in relation to the power of seizure conferred on a constable by section 18(2) of that Act;
section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable and to an officer included references to that person; and
sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (d)—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by section 18(2) of that Act or taken away by a constable following the imposition of a requirement by virtue of section 20 of that Act; and
as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to any person, he shall have the power to make an arrest at any police station in the relevant police area in any case where an arrest— Section 36 of the Criminal Justice and Public Order Act 1994 (c. 33) (consequences of failure by arrested person to account for objects etc.) shall apply (without prejudice to the effect of any designation applying paragraph 23) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable.
Where a designation applies this paragraph to any person—
the powers of a constable under Part 2 of the Criminal Justice and Police Act 2001 (c. 16) (extension of powers of seizure) that are exercisable in the case of a constable by reference to a power of a constable that is conferred on that person by virtue of the provisions of this Part of this Schedule shall be exercisable by that person by reference to that power to the same extent as in the case of a constable but in relation only to premises in the relevant police area and things found on any such premises; and
section 56 of that Act (retention of property seized by a constable) shall have effect as if the property referred to in subsection (1) of that section included property seized by that person at any time when he was lawfully on any premises in the relevant police area.
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”.
“British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); In section 52 of the 1997 Act (appointment of Director General of NCS), after subsection (5) there shall be inserted— “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949;
In section 88(7) of the Criminal Justice and Police Act 2001 (c. 16) (power of the Central Police Training and Development Authority to provide training for persons other than persons serving or employed for policing purposes in England and Wales), after paragraph (a) there shall be inserted—.
References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references— 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.
to the person by whom the complaint or purported complaint was made, or
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;
In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section 12(7) to (10) )— 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.
who arrested the person who has died or suffered serious injury,
in whose custody that person was at the time of the death or serious injury, or
with whom that person had the contact in question;
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 person serving with the police;
a member of the National Criminal Intelligence Service or the National Crime Squad;
a National Crime Agency officer; or
a member of the staff of the Central Police Training and Development Authority; or
a person engaged on relevant service, within the meaning of section 97(1)(a) ... or (d) of the 1996 Act (temporary service of various kinds).
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.
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 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
a person who— was on duty in his capacity as a person falling within subsection (3)(a) to (d).
at the time when the conduct is supposed to have taken place, in relation to him, or
at the time when he is supposed to have been adversely affected by it, or to have witnessed it,
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.
References in this Part to the investigation of any complaint or matter by the appropriate authority on its own behalf, ... under the direction of the Director General or by the Director General ... shall be construed as references to its investigation in accordance with paragraph 16, ... 18 or, as the case may be, 19 of Schedule 3.
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.
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 member of the police force with which dissatisfaction is expressed,
a civilian employee of that police force,
a special constable who is under the direction and control of the chief officer of that police force, or
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.
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.
In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis)—
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
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 ”.
In section 11 of that Act (removal of chief constables)—
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
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 ”.
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.
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.
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—
In section 11 of that Act (appointment and removal of chief constables), after subsection (3) there shall be inserted—
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 insertedbut with the omission in subsection (2A)—
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 insertedbut with the omission in subsection (3A)—
In section 12(3) of that Act (application of section 11(2), (3) and (4) in the case of assistant chief constables)—
for “, (3) and” there shall be substituted “ to ”; and
at the end there shall be insertedbut with the omission in subsection (3A) —
Section 42 of the 1996 Act (role of the Secretary of State as respects removal of chief constables etc.) shall be amended as follows.
For subsections (1) and (2) there shall be substituted—
In subsection (3) (inquiries), for the words from the beginning to “subsection (1)” there shall be substituted—.
After subsection (3) there shall be inserted—
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 ”.
After subsection (4) there shall be inserted—
Subsection (5) (application to senior officers in the metropolitan police) shall cease to have effect.
After section 42 of the 1996 Act, there shall be inserted—
In section 51 of the 1996 Act (regulations for special constables), in subsection (2), after paragraph (b) there shall be inserted—.
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—
for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Director General of the Independent Office for Police Conduct;
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
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.
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.
After section 43K of the Employment Rights Act 1996 (c. 18), there shall be inserted—
In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—
the words “, Part IVA” and “, 47B” shall be omitted;
after “sections 100” there shall be inserted “ , 103A ”; and
after “section 100” there shall be inserted “ or 103A ”.
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.
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.
See section 29B for the meaning of “designated body”.
In this section-
In this Part “designated body” means a body designated in regulations made by the Secretary of State.
The Secretary of State—
may make or revoke such a designation if the Secretary of State considers it appropriate to do so, and
must make or revoke such a designation if asked to do so by an authorised person.
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.
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.
The Secretary of State must, before making regulations under subsection (3) or (4), consult such persons as the Secretary of State considers appropriate.
In this section “authorised person” means any person specified or described in regulations made by the Secretary of State.
The Secretary of State may by regulations make provision about complaints under section 29A.
Such provision may, in particular, include provision about—
the procedure for dealing with a matter before a complaint is made under section 29A (including who is to deal with the matter),
the procedure for dealing with a complaint under section 29A (including who is to deal with the matter),
whether, or the extent to which, a matter is to be dealt with under this Part or Part 2.
Regulations under this section may—
confer (or enable the conferring of) functions on Her Majesty's Chief Inspector of Constabulary, the Director General of the Independent Office for Police Conduct, the College of Policing or any other person,
apply (with or without modifications), in relation to any matter to be dealt with by the Director General of the Independent Office for Police Conduct under this Part, any provision made by or under Part 2.
The chief officer of police of any police force may designate a relevant employee as either or both of the following—
a community support officer;
a policing support officer.
The description of officers are as follows—
community support officer;
investigating officer;
detention officer;
escort officer.
The chief officer of police of any police force may designate a police volunteer as either or both of the following—
a community support volunteer;
a policing support volunteer.
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is an employee of his Service Authority, and
is under the direction and control of that Director General,
A chief officer of police . . . shall not designate a person under this section unless he is satisfied that that person—
is a suitable person to carry out the functions for the purposes of which he is designated;
is capable of effectively carrying out those functions; and
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 or imposed on him by virtue of the designation.
A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
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in the case of a person designated as a community support officer, Part 1;
in the case of a person designated as an investigating officer, Part 2;
in the case of a person designated as a detention officer, Part 3; and
in the case of a person designated as an escort officer, Part 4.
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A relevant employee . . . authorised or required to do anything by virtue of a designation under this section—
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
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.
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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.
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—
in the company, and under the supervision, of a constable; or
for the purpose of saving life or limb or preventing serious damage to property.
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The powers and duties that may be conferred or imposed on a person designated under this section are—
any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties);
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.
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.
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.
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—
in the area of that police force, and
in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force.
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—
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);
only in such parts of the area of that police force as are specified in the designation;
only in cases or circumstances so specified.
A police volunteer authorised or required to do anything by virtue of a designation under this section —
shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer;
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.
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.
However, subsection (9A) does not apply to—
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—
the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile;
the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide;
the use of a weapon for a purpose specified in regulations made by the Secretary of State;
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.
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.
In this section “relevant employee” means—
in the case of— 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);
a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or
the police force maintained for the metropolitan police district in accordance with section 5A of that Act,
in the case of any other police force, a person who—
is employed by the police authority maintaining that force, and
is under the direction and control of the chief officer making a designation under subsection (1).
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—
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);
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).
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);
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).
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.
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.
This section applies if a local 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.
The chief officer of police of the police force maintained by that local policing body may designate any person who is an employee of the contractor as either or both of the following—
a detention officer; or
an escort officer.
A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
A chief officer of police shall not designate a person under this section unless he is satisfied that that person—
is a suitable person to carry out the functions for the purposes of which he is designated;
is capable of effectively carrying out those functions; and
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.
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.
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—
in the case of a person designated as a detention officer, Part 3; and
in the case of a person designated as an escort officer, Part 4.
An employee of the contractor authorised or required to do anything by virtue of a designation under this section—
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
shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.
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.
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persons whom he considers to represent the interests of police authorities;
persons whom he considers to represent the interests of chief officers of police;
the Independent Police Complaints Commission; and
such other persons as he thinks fit.
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.
A designation under this section shall cease to have effect—
if the designated person ceases to be an employee of the contractor; or
if the contract between the local policing body and the contractor is terminated or expires.
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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”).
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.
Those purposes are—
contributing to community safety and security; and
in co-operation with the police force for the area, combatting crime and disorder, public nuisance and other forms of anti-social behaviour.
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—
the local policing body maintaining that force, and
every local authority any part of whose area lies within the police area.
Before establishing a community safety accreditation scheme for the metropolitan police district, the Commissioner of Police of the Metropolis must consult with—
the Mayor's Office for Policing and Crime;
the Mayor of London; and
every local authority any part of whose area lies within the metropolitan police district.
In subsections (4)(b) and (5)(c) “local authority” means—
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
in relation to Wales, a county council or a county borough council.
Every police 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, ... must set out—
whether a community safety accreditation scheme is maintained for the police area in question;
if not, whether there is any proposal to establish such a scheme for that area during the period to which the plan relates;
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;
the extent (if any) of any arrangements for provisions specified in Schedule 4 to be applied to designated persons employed by the local policing body; and
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.
A community safety accreditation scheme must contain provision for the making of arrangements with employers who— 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.
are carrying on business in the police area in question, or
are carrying on business in relation to the whole or any part of that area or in relation to places situated within it,
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.
The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—
is a civilian employee of , or a police volunteer with, another police force (the “assisting force”),
is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and
is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.
The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of either 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).
The collaboration designation may designate C as an officer of a particular description specified in section 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.
C shall have the powers and duties conferred or imposed on C by the collaboration designation.
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.
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.
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.
Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.
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.
References in this section to the discharge of functions by persons designated under section 38 by the chief officer of police of the assisting force for the purposes of the assisted force have the same meaning as in section 23AA of the Police Act 1996.
In this section—
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.
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.
Schedule 5 (which sets out the powers that may be conferred on accredited persons) shall have effect.
A chief officer of police shall not grant accreditation to a person under this section unless he is satisfied—
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;
that the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation;
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
that that person has received adequate training for the exercise of those powers.
A chief officer of police may charge such fee as he considers appropriate for one or both of the following—
considering an application for or for the renewal of an accreditation under this section;
granting such an accreditation.
A chief officer of police may not grant accreditation under this section to a weights and measures inspector.
A person authorised or required to do anything by virtue of an accreditation under this section—
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
shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.
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.
An accreditation under this section shall cease to have effect—
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
if those arrangements are terminated or expire.
The collaboration designation of C must be in accordance with the relevant police collaboration provision.
Subsection (1) is in addition to section 38B(5) and (8).
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.
In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—
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
accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.
Expressions used in this section and section 38B have the same meanings in this section as in section 38B.
A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 , 38B or 39 or his accreditation under section 41 or 41A, or who purports to do so, shall produce that designation or accreditation to that person, if requested to do so.
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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 , subject to subsection (2A), be exercisable only by a person wearing such uniform as may be— 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.
determined or approved for the purposes of this Chapter by the chief officer of police who granted the designation or accreditation; and
identified or described in the designation or accreditation;
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A chief officer of police who has granted a designation or accreditation to any person under section 38 , 38B, 39 or 41 or an accreditation to any weights and measures inspector under section 41A may at any time, by notice to the designated or accredited person or the accredited inspector, modify or withdraw that designation or accreditation.
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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.
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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.
For the purposes of determining liability for the unlawful conduct of employees of a chief 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 chief officer of police or local policing body; and, in the case of a tort, that chief officer or body shall fall to be treated as a joint tortfeasor accordingly.
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— In this subsection, “assisted force” and “assisting force” have the same meanings as in section 38B.
determined or approved for the purposes of this Chapter by the chief officer of police of the assisting police force; and
identified or described in the designation.
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A police officer of or above the rank of inspector may direct a particular policing 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) or (2ZA) shall not apply in relation to that policing support officer or policing support volunteer for the purposes of that operation.
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.
In subsection (2A), “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 (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.
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.
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.
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.
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.
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.
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.
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”).
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.
The regulations may make provision—
as to the purposes for which a railway safety accreditation scheme may be established;
as to the procedure to be followed in the establishment of such a scheme; and
as to matters for which such a scheme must contain provision.
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.
The regulations may make provision as to the powers which may be conferred on a person by an accreditation under such a scheme.
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.
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 ... 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—
an offence under section 55 of the British Transport Commission Act 1949 (c. xxix) (trespassing on a railway);
an offence under section 56 of that Act (throwing stones etc. at trains or other things on railways).
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.
Before making regulations under this section the Secretary of State shall consult with—
the National Police Chiefs' Council;
the chief constable of the British Transport Police Force;
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
the British Transport Police Authority ;
the Mayor's Office for Policing and Crime;
persons whom he considers to represent the interests of local authorities;
the Common Council of the City of London; and
the Mayor of London; and
such other persons as he thinks fit.
In this section—
“Minister of the Crown” includes the Treasury;
Subject to the provisions of this Schedule, a person shall hold office as a non-executive member in accordance with the terms of his appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 a non-executive member; and an appointment made in contravention of this sub-paragraph shall have no effect. A person shall not be appointed to be a non-executive member for a term of more than three years; but a non-executive member shall be eligible for re-appointment at the end of his term of office. A non-executive member may at any time resign from being a non-executive member of the Office by notice in writing to the Secretary of State. The Secretary of State may at any time remove a person from office as a non-executive member if he is satisfied that that person— 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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The Office 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 Office'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. Accordingly, the Office shall be treated in the case of any such unlawful conduct which is a tort, as a joint tortfeasor. In this paragraph “seconded constables” means persons serving as members of the Office's staff without being employed by it.
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Section 96 of the Road Traffic Regulation Act 1984 (c. 27) (additional powers of traffic wardens) shall be amended as follows.
In subsection (2)(c) (powers under the Road Traffic Act 1988 (c. 52) which may be conferred on traffic wardens), after sub-paragraph (i) there shall be inserted—.
In subsection (3) (traffic wardens not to be given the powers of a constable under sections 163, 164(1), (2) and (6) and 165 of the Road Traffic Act 1988 except for the purposes of exercising them in the circumstances specified in that subsection)—
in the words before paragraph (a), the words “163” (which refer to the power to stop a vehicle) shall be omitted; and
paragraph (c) and the word “or” immediately preceding it shall cease to have effect.
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The Secretary of State shall issue a code of practice about the exercise and performance by chief officers of police and by Directors General of their powers and duties under this Chapter.
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—
the Service Authority for the National Criminal Intelligence Service;
the Service Authority for the National Crime Squad;
persons whom he considers to represent the interests of police authorities;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
persons whom he considers to represent the interests of chief officers of police;
persons whom he considers to represent the interests of local authorities;
the Mayor of London; and
such other persons as he thinks fit.
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.
In discharging any function to which a code of practice under this section relates, a chief officer of police or a Director General shall have regard to the code.
For the purposes of subsection (3)(g), “local authorities” means district councils, London borough councils, county councils in Wales, county borough councils, the Common Council of the City of London and the Council of the Isles of Scilly.
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.
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.
Schedule 5A (which sets out the powers that may be conferred on inspectors accredited under this section) shall have effect.
A chief officer of police shall not grant accreditation to a weights and measures inspector under this section unless he is satisfied that—
the inspector is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation; and
the inspector has received adequate training for the exercise of those powers.
A chief officer of police may charge such fee as he considers appropriate for one or both of the following—
considering an application for or for the renewal of an accreditation under this section;
granting an accreditation under this section.
A weights and measures inspector authorised or required to do anything by virtue of an accreditation under this section—
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
shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.
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.
An accreditation under this section shall cease to have effect if the accredited inspector ceases to hold office as a weights and measures inspector.
Any person who assaults— 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.
a designated person in the execution of his duty,
an accredited person in the execution of his duty,
a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,
an accredited inspector in the execution of his duty, or
Any person who resists or wilfully obstructs— 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.
a designated person in the execution of his duty,
an accredited person in the execution of his duty,
a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,
an accredited inspector in the execution of his duty, or
Any person who, with intent to deceive— 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.
impersonates a designated person , an accredited person or an accredited inspector ,
makes any statement or does any act calculated falsely to suggest that he is a designated person , that he is an accredited person or that he is an accredited inspector , or
makes any statement or does any act calculated falsely to suggest that he has powers as a designated or accredited person or as an accredited inspector that exceed the powers he actually has,
In this section references to the execution by a designated person , 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.
References in this section to a designated person are to—
a designated person within the meaning given by section 47(1), and
a person in relation to whom a designation under section 38B is for the time being in force.
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.
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.
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.
In this Chapter—
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“police force” means any of the following—
The 1997 Act shall be amended as follows.
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. Those powers are the following powers so far as exercisable in respect of a relevant offence— In this paragraph “relevant fixed penalty offence”, in relation to an accredited person, means an offence which—
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)— 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.
to impose a requirement under subsection (2) of that section; and
to dispose under subsection (3) of that section of anything surrendered to him;
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).
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.
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— if that person is the 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 if he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; ...
“England and Wales” includes the adjacent United Kingdom waters within the meaning of section 30 of the Police Act 1996,
“Service Authority” means—
In this Chapter—
references to carrying on business include references to carrying out functions under any enactment; and
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.
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The 1984 Act shall be amended as follows.
In subsection (1)(c) of section 24 (arrestable offences), for “to which subsection (2) below applies” there shall be substituted “listed in Schedule 1A”.
For subsection (2) of that section there shall be substituted—
In subsection (3) of that section (attempts)—
in paragraph (a), for “mentioned in subsection (2) above” there shall be substituted “listed in Schedule 1A”; and
in paragraph (b), for “an offence under section 12(1) of the Theft Act 1968 (c. 60)” there shall be substituted “one which is a summary offence”.
After Schedule 1 there shall be inserted the Schedule set out in Schedule 6.
This section has no effect in relation to offences committed before its commencement.
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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—.
This section has no effect in relation to offences committed before its commencement.
If a constable in uniform has reason to believe that a person has engaged, or is engaging, in anti-social behaviour ..., he may require that person to give his name and address to the constable.
Any person who— is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
fails to give his name and address when required to do so under subsection (1), or
gives a false or inaccurate name or address in response to a requirement under that subsection,
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).
Every local policing body shall—
make arrangements for detainees to be visited by persons appointed under the arrangements (“independent custody visitors”); and
keep those arrangements under review and from time to time revise them as they think fit.
The arrangements must secure that the persons appointed under the arrangements are independent of both—
the local policing body; and
the chief officer of police of the police force maintained by that body.
Every local policing body must ensure—
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
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).
The arrangements may confer on independent custody visitors such powers as the local policing body considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers—
to require access to be given to each police station;
to examine records relating to the detention of persons there;
to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
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;
to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.
The arrangements may include provision for access to a detainee to be denied to independent custody visitors if—
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;
the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.
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).
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—
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;
the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
the procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.
The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by local policing bodies and independent custody visitors of their functions under the arrangements.
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).
Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
the National Police Chiefs' Council; and
the Mayor's Office for Policing and Crime;
such other persons as he thinks fit.
the Common Council of the City of London;
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.
Local 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.
In this section—
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) ”.
After that subsection there shall be inserted—
In subsection (10) of that section—
for “(6)” there shall be substituted “ (6B) ”; and
for the words from “the substitution” to the end there shall be substituted “ the modifications specified in subsection (10A) ”.
After that subsection there shall be inserted—
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) ”.
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)—
for “affects” there shall be substituted “ applies to the taking of a specimen for the purposes of any of the provisions of ”; and
after “Road Traffic Act 1988” there shall be inserted “ or of sections 26 to 38 of the Transport and Works Act 1992 ”.
For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—
“registered health care professional” means a person (other than a medical practitioner) who is—
After that subsection, there shall be inserted—
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 ”.
After that subsection there shall be inserted—
“registered health care professional” means a person (other than a medical practitioner) who is—
After that subsection there shall be inserted—
For subsection (4) of that section there shall be substituted—
After section 7 of the Road Traffic Act 1988 (c. 52) there shall be inserted—
In section 9 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—
In section 34(3) of the Road Traffic Offenders Act 1988 (c. 53) (disqualification for certain offences where offender has previous conviction)—
the word “and” at the end of paragraph (b) shall be omitted; and
after paragraph (c) there shall be inserted—.
RTA section 7A Failing to allow specimen of blood to be subjected to laboratory test Sections 11 and 12(1).
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.
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after “7” there shall be inserted “or 7A”; and
after “test” there shall be inserted “or to give permission for such a test”.
In subsection (2) of section 15 of the Road Traffic Offenders Act 1988 (c. 53) (evidence of blood alcohol level)—
after “provided by” there shall be inserted “ or taken from ”; and
after the word “provided”, in the second place where it occurs, there shall be inserted “ or taken ”.
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 ”.
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 substitutedunless—
After subsection (5) of that section, there shall be inserted—
In subsection (1) of section 16 of that Act (documentary evidence as to specimens), after “15(5)” there shall be inserted “ and (5A) ”.
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 ”.
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 ”.
After that subsection there shall be inserted—
After subsection (9) of that section there shall be inserted—
After section 31 of that Act there shall be inserted—
In section 33 of that Act (protection of hospital patients), for subsection (2) there shall be substituted—
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 ”.
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 ”.
After subsection (3) of that section there shall be substituted—
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 ”.
After subsection (2) of section 38 of that Act (interpretation of Chapter 1 of Part 2 of that Act) there shall be inserted—
For subsection (5) of that section there shall be substituted—
Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which— he shall have the powers set out in subsection (3).
contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
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).
Those powers are—
power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
power to seize and remove the motor vehicle;
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;
power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to (a) to (c).
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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
it appears to him that the use has continued or been repeated after the warning.
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the circumstances make it impracticable for him to give the warning;
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;
the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
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.
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.
Subsection (3)(c) does not authorise entry into a private dwelling house.
The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
In this section—
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
The Secretary of State may by regulations make provision as to—
the removal and retention of motor vehicles seized under section 59; and
the release or disposal of such motor vehicles.
Regulations under subsection (1) may, in particular, make provision—
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;
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;
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;
as to the circumstances in which a motor vehicle seized under section 59 may be disposed of;
as to the destination—
of any fees or charges payable in accordance with the regulations; and
of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;
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.
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—
the use by reference to which the motor vehicle in question was seized was not a use by him; and
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.
In this section—
“chief officer” means the chief officer of police of any police force; and “acting chief officer” means (as appropriate)—
a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,
“detainee”, in relation to arrangements made under this section, means a person detained in a police station in the police area of the local policing body;
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Section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders) shall be amended as follows.
For paragraph (b) of subsection (1) (authority to be satisfied that order is necessary to protect persons), there shall be substituted—
The words after that paragraph (which specify the authorities who, as relevant authorities, are entitled to apply for anti-social behaviour orders) shall be omitted.
After subsection (1) there shall be inserted—
Subsection (2) (which is superseded by the provision made by section 66 of this Act) shall cease to have effect.
In subsection (3) (which identifies the court to which an application should be made), for the words from “the place” to the end there shall be substituted “the local government area or police area concerned”.
For subsection (6) (nature of prohibitions which may be imposed by order) there shall be substituted—
In subsection (10) of that section (penalty for contravention of order), for “shall be” there shall be substituted “is guilty of an offence and”.
In subsection (12) of that section (interpretation)—
“British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.
Nothing in this section applies in relation to any application made under section 1 of the Crime and Disorder Act 1998 (c. 37) before the coming into force of this section.
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After section 1 of the Crime and Disorder Act 1998 (c. 37) there shall be inserted—
In subsection (2) of section 114 of that Act (negative resolution procedure for orders) after “section” there shall be inserted “1A,”.
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After section 1C of the Crime and Disorder Act 1998 (c. 37)(which is inserted by section 64), there shall be inserted—
In section 4(1) of that Act (appeals), after “an anti-social behaviour order” there shall be inserted “, an order under section 1D above,”.
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Section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders) shall be amended as follows.
In subsection (1) (application for a sex offender order)—
for “in his police area” there shall be substituted “who he believes is in, or is intending to come to, his police area”;
for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
In subsection (2) (which identifies the court to which an application must be made)—
for “the magistrates' court” there shall be substituted—;
at the end there shall be inserted; or
In subsection (4) (the prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
In subsection (6) (variation or discharge of the order)—
after “the applicant” there shall be inserted “, any other relevant chief officer of police”;
for “the court which made a sex offender order for it” there shall be substituted “the appropriate court for the sex offender order”.
After that subsection there shall be inserted—
In subsection (7) (discharge of orders), after “parties” there shall be inserted “and subject to subsection (7A) below”.
After that subsection there shall be inserted—
In subsection (8) (offence for breach of order), for “shall be” there shall be substituted “is guilty of an offence and”.
Subsections (4) to (6) apply in relation to applications and orders under section 2 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.
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After section 2 of the Crime and Disorder Act 1998 there shall be inserted—
In section 4(1) of that Act (appeals), for “or sex offender order” there shall be substituted “, a sex offender order or an order under section 2A above”.
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The Crime and Disorder Act 1998 shall be amended as follows.
In section 20(1) (application for a sex offender order in Scotland) for “in the area of his police force” there shall be substituted “who he believes is in, or is intending to come to, the area of his police force”.
In section 20(2) (conditions to be fulfilled), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public”.
In section 20(3) (court to which application must be made)—
after “application to” there shall be inserted—;
at the end there shall be inserted; or.
In section 20(5) (prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
In section 21(7) (time limit, variation and revocation of order)—
in paragraph (b), after “revoked” there shall be inserted “(in the case of a sex offender order, by the appropriate court for that order)”;
in paragraph (b)(i), after “the order” there shall be inserted “or, in the case of a sex offender order, any other relevant chief constable”.
After that subsection there shall be inserted—
After subsection (7A) (inserted by subsection (7)) there shall be inserted—
Subsections (5) to (7) apply in relation to applications and orders under section 20 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.
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Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (sex offender orders) shall be amended as follows.
In paragraph (1) (application for a sex offender order)—
for “in Northern Ireland” there shall be substituted “who he believes is in, or is intending to come to, Northern Ireland”;
for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
In paragraph (2) (which identifies the court to which an application must be made), for the words following “1981 to” there shall be substituted “any court of summary jurisdiction”.
In paragraph (4) (the prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
In paragraph (7) (discharge of orders), after “parties” there shall be inserted “and subject to paragraph (7A)”.
After that paragraph there shall be inserted—
Subsection (4) applies in relation to applications and orders under Article 6 of the Criminal Justice (Northern Ireland) Order 1998, whether made before or after the coming into force of this section.
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After Article 6 of the Criminal Justice (Northern Ireland) Order 1998 there shall be inserted—
In Article 7(7) of that Order (sex offender orders: supplemental)—
after “a sex offender order” there shall be inserted “or an interim order under Article 6A”;
after “Article 6(6)” there shall be inserted “or 6A(6)”.
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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—
In subsection (5) of that section (interpretation)—
“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); and
“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;
Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties) shall be amended as follows.
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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.”
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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 ”.
“British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);
After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—
In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—
The Director General may investigate any concern raised by a whistle-blower of which the Director General becomes aware (whether because the whistle-blower has contacted the Director General or for any other reason) but only if the whistle-blower informs the Director General, before the beginning of the investigation, that he or she consents to an investigation taking place.
In deciding whether to investigate, the Director General must take into account the public interest.
For the purposes of this Part, a person is a “whistle-blower” if—
the person is, or was at any time, under the direction and control of a chief officer of police,
the person raises a concern that is about a police force or a person serving with the police,
the matter to which the concern relates is not—
about the conditions of service of persons serving with the police, or
a matter that is, or could be, the subject of a complaint by the person under Part 2, and
at the time the Director General first becomes aware of the concern, the matter to which it relates is not—
under investigation under the direction of the Director General in accordance with paragraph 18 of Schedule 3,
under investigation by the Director General in accordance with paragraph 19 of that Schedule,
being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or
under investigation under this Part.
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).
Schedule 3A (which makes provision about the procedure etc where the Director General decides to investigate under subsection (1)) has effect.
If the Director General decides not to carry out an investigation under section 29D(1), the Director General must inform the whistle-blower of the decision.
In such a case, the Director General may, with the consent of the whistle-blower—
disclose the nature of the concern to the appropriate authority, and
make recommendations in the light of the concern.
In this Part, except where otherwise provided, “appropriate authority” means—
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;
if the concern relates to any other person, the chief officer under whose direction and control that person is;
if the concern does not relate to any particular persons, the chief officer of the police force to which the concern relates.
The Secretary of State may by regulations make further provision about recommendations under subsection (2).
The regulations may (amongst other things)—
describe the kinds of recommendations that the Director General may make under subsection (2);
specify the persons to whom the recommendations may be made;
authorise the Director General to require a response to any recommendation made by the Director General under subsection (2).
Before deciding whether to carry out an investigation under section 29D(1), the Director General must consider whether the concern is about a conduct matter for the purposes of Part 2 (see section 12(2)).
If the Director General determines that the concern is about a conduct matter for the purposes of Part 2—
the Director General may not carry out an investigation under section 29D(1), and
the Director General must notify the appropriate authority in relation to the person whose conduct is in question of the determination.
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.
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.
Before deciding whether to carry out an investigation under section 29D(1), the Director 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)).
If the Director General determines that the concern is about a DSI matter for the purposes of Part 2—
the Director General may not carry out an investigation under section 29D(1), and
the Director General must notify the appropriate authority in relation to the DSI matter.
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.
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.
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).
The power of the Director General to carry out an investigation under section 29D(1) applies where the whistle-blower dies before the Director General becomes aware of the concern (or before the Director General decides to investigate).
Any investigation begun by the Director General under section 29D(1) before the death of the whistle-blower may be continued after the death.
Where a whistle-blower dies—
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;
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;
any requirement under this Part not to disclose the identity of the whistle-blower does not apply or (where the Director General became aware of the concern before the death) ceases to apply.
For the purpose of this section, “approved representative” means a person who has been approved by the Director General for the purposes of this Part.
The Director General may only approve a person who is—
the widow or widower (or surviving civil partner) of the deceased whistle-blower,
a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or
any other person appearing to the Director 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.
Where the Director General carries out an investigation under section 29D(1), the Director General must keep the whistle-blower properly informed about the progress of the investigation and its outcome.
The Secretary of State may by regulations provide for exceptions to the duty under subsection (1).
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.
“The permitted non-disclosure purposes” are—
preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
is in the interests of national security,
is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders,
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,
is for the purposes of an investigation under Part 2 that relates to the whistle-blower,
is required on proportionality grounds, or
is otherwise necessary in the public interest.
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.
The Secretary of State may by regulations make provision setting out the circumstances in which the Director 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.
The information falling within this subsection is—
the identity of a whistle-blower or information that might (whether alone or with other information) tend to reveal that identity;
the nature of a concern raised by a whistle-blower.
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.
“The permitted disclosure purposes” are—
the protection of the interests of national security;
the prevention or detection of crime or the apprehension of offenders;
the institution or conduct of criminal proceedings;
the investigation of allegations of misconduct against whistle-blowers and the taking of disciplinary proceedings or other appropriate action in relation to such allegations;
investigations under Part 2 that relate to whistle-blowers;
investigations under this Part;
any other purpose that is for the protection of the public interest.
Except as provided by regulations under subsection (1) or by any other provision of this Part, the Director General may not disclose information falling within subsection (2) unless the whistle-blower consents to the disclosure.
The Secretary of State may by regulations make provision setting out the circumstances in which the Director 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.
The information falling within this subsection is—
information relating to an investigation under section 29D;
information relating to the outcome of any such investigation.
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.
In this section, “the permitted disclosure purposes” has the same meaning as in section 29J.
Except as provided by regulations under subsection (1) or by any other provision of this Part, the Director General may not disclose information falling within subsection (2).
The following provisions of Part 2 apply in relation to the functions of the Director General under this Part as they apply in relation to the functions of the Director General under Part 2—
section 15 (general duties of local policing bodies, chief officers and inspectors);
section 16 (payment for assistance with investigation);
section 17 (provision of information to the Director General);
section 18 (inspection of police premises on behalf of the Director General);
section 19 (use of investigatory powers by or on behalf of the Director General);
section 21A (restriction on disclosure of sensitive information);
section 21B (provision of sensitive information to the Director General);
section 22 (power of the Director General to issue guidance);
section 26 (forces maintained otherwise than by local policing bodies);
section 26BA (College of Policing);
section 26C (the National Crime Agency).
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 Director General under this Part.
Before making regulations under this Part, the Secretary of State must consult—
the Director General,
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
the Mayor's Office for Policing and Crime;
the Common Council,
the National Police Chiefs' Council, and
such other persons as the Secretary of State thinks fit.
In this Part—
...
References in this Part to a person serving with the police have the same meaning as in Part 2 (see section 12(7)).
After section 2A of the Ministry of Defence Police Act 1987 (c. 4) (provision of assistance to other forces) there shall be inserted—
After section 3 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—
After section 4 of that Act there shall be inserted—
In section 1 of that Act (establishment of Ministry of Defence Police), for subsection (5) there shall be substituted—
After section 6 of that Act there shall be inserted—
Before section 5 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—
After section 16A of the Firearms (Amendment) Act 1988 (c. 45) there shall be inserted—
After Article 12A of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) there is inserted—
Irrespective of his place of birth, a person of any nationality may be— and, accordingly, irrespective of his place of birth such a person may be attested or appointed, and hold office, as a constable.
a member of a police force maintained for any police area in England and Wales ...;
a member of the Police Service of Northern Ireland or of the Police Service of Northern Ireland Reserve;
a constable of the Police Service of Scotland;
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a member of the British Transport Police Force;
a member of the Civil Nuclear Constabulary; or
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a special constable;
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—
any force or constabulary; ...
the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; . . .
the Police Service of Scotland; or
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Provision falls within this subsection if it is—
provision made by regulations made under section 50 or 51 of the 1996 Act (regulations for police constables and for special constables);
provision made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (governance and administration of police);
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); and
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provision given effect to by any arrangements made for the purpose of regulating appointment to membership of the British Transport Police Force, or the Civil Nuclear Constabulary, or to particular ranks or positions with that Force or Constabulary.
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— 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 or 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).
requirements with respect to the competence in written and spoken English of candidates for appointment;
requirements with respect to the immigration status of such candidates;
requirements with respect to nationality in the case of particular ranks, offices or positions;
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the British Transport Police.
This paragraph applies where— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct falls within this sub-paragraph if (assuming it to have taken place)— The appropriate authority must determine whether the matter is one which it or he is required to refer to the Director General under paragraph 13, or is one which it would be appropriate to so refer. In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the Director General under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter. 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. 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. In any other case, the appropriate authority may (but need not) record the matter. In a case where the appropriate authority— the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine. Nothing in sub-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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be the duty of the Director General, in the case of every recordable conduct matter referred to the Director General by a local policing body or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated. The Secretary of State may by regulations provide that the Director General must determine that it is necessary for recordable conduct matters referred to the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated. Regulations under sub-paragraph (1A) may provide that the duty on the Director 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. Regulations under sub-paragraph (1A) may also provide that, where the Director 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. Where the Director General determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated — Where— the Director General shall give a notification of the making of the reference to the person to whose conduct that matter relates.
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 to have been acting, or to be acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)) to give his name and address.
An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have— 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. 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.
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— 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. The powers conferred by virtue of this paragraph may be exercised in any police area in England and Wales. 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.
Independent Police Complaints Commission. In that Schedule, in the entries under the heading “Other bodies”, the words “Police Complaints Authority.” shall be omitted.
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified)—
The Independent Police Complaints Commission.
the words “The Police Complaints Authority.” shall be omitted.
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—.
Section 103 of the Road Traffic Act 1988 (c. 52) (obtaining licence, or driving, while disqualified) shall be amended as follows. Subsection (3) shall cease to have effect. In subsection (4), for “Subsections (1) and (3) above do” there shall be substituted “Subsection (1) above does”. In subsection (5), for “Subsections (1)(b) and (3) above do” there shall be substituted “Subsection (1)(b) above does”. In subsection (6), for “subsections (1) and (3)” there shall be substituted “subsection (1)”.
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.
For Schedule 4 to the 1996 Act there shall be substituted—
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Section 6 of the 1997 Act (appointment of Director General) shall be amended as follows.
In subsection (2), for “list of persons eligible for appointment” there shall be substituted “shortlist”.
Subsection (3) (persons eligible for appointment) shall cease to have effect.
After subsection (5), there shall be inserted—
In subsections (6) and (7) (Director General to have the powers and privileges of a constable and to hold the rank of chief constable), after “Director General”, in each subsection, there shall be inserted “, except in a case where he was not a serving police officer immediately before his appointment took effect,”.
After subsection (8) there shall be inserted—
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Section 9 of the 1997 Act (members of NCIS) shall be amended as follows.
In subsection (2)—
for paragraph (a) there shall be substituted—; and
in paragraph (b), the words from “to which” to “applies” shall be omitted.
For subsection (3) (qualifications for appointment as a police member) there shall be substituted—
In subsection (9), in paragraph (a) (restriction on delegation to Director General of appointment of police members), after “police member” there shall be inserted “with the rank of assistant chief constable,”.
After that subsection, there shall be inserted—
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Section 55 of the 1997 Act (members of National Crime Squad) shall be amended as follows.
In subsection (2)—
for paragraph (a) there shall be substituted—.
in paragraph (b), the words from “to which” to “applies” shall be omitted.
For subsection (3) there shall be substituted—
In subsection (9), in paragraph (a) (restriction on delegation to Director General of appointment of police members), after “police member” there shall be inserted “with the rank of assistant chief constable”.
After that subsection, there shall be inserted—
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After section 34 of the 1997 Act there shall be inserted—
In section 37 of the 1997 Act (discipline regulations for NCIS), after subsection (2) there shall be inserted—
In section 38 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words “or required to resign”, in both places where they occur, there shall be substituted “, required to resign or reduced in rank”.
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After section 79 of the 1997 Act there shall be inserted—
In section 81 of the 1997 Act (discipline regulations for NCS), after subsection (2) there shall be inserted—
In section 82 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words “or required to resign”, in both places where they occur, there shall be substituted “, required to resign or reduced in rank”.
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The reference in section 59(8)(a) of the 1996 Act to persons falling within section 9(2)(a) of the 1997 Act shall include a reference to persons appointed as police members of the National Criminal Intelligence Service (“NCIS”) after the date on which section 86 comes into force.
The persons whose interests are to be represented by the membership of the Police Negotiating Board shall include persons appointed as police members of NCIS after the date on which section 86 comes into force.
In section 62(1) of the 1996 Act (duty to consult Police Negotiating Board before making certain regulations), after paragraph (a) there shall be inserted—.
The function of the Police Advisory Board for England and Wales of advising on general questions affecting members of NCIS within section 9(1)(b) of the 1997 Act shall include the function of advising on such general questions as respects persons appointed as police members of NCIS after the date on which section 86 comes into force.
In section 63(3) of the 1996 Act (duty to consult Police Advisory Board before making certain regulations), in paragraph (c), after “section” there shall be inserted “34A,”.
In subsection (1) of section 9A of the 1997 Act (retirement in interests of efficiency or effectiveness), for “member of NCIS” there shall be substituted “police member of NCIS with the rank of assistant chief constable”.
Subsection (2) of that section shall cease to have effect.
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The reference in section 59(8)(b) of the 1996 Act to persons falling within section 55(2)(a) of the 1997 Act shall include a reference to persons appointed as police members of the National Crime Squad (“the Squad”) after the date on which section 87 comes into force.
The persons whose interests are to be represented by the membership of the Police Negotiating Board shall include persons appointed as police members of the Squad after the date on which section 87 comes into force.
In section 62(1) of the 1996 Act (duty to consult Police Negotiating Board before making certain regulations), after paragraph (a) there shall be inserted—.
The function of the Police Advisory Board for England and Wales of advising on general questions affecting members of the Squad within section 55(1)(b) of the 1997 Act shall include the function of advising on such general questions as respects persons appointed as police members of the Squad after the date on which section 87 comes into force.
In section 63(3) of the 1996 Act (duty to consult Police Advisory Board before making certain regulations), in paragraph (c), after “39,” there shall be inserted “79A,”.
In subsection (1) of section 55A of the 1997 Act (retirement in interests of efficiency or effectiveness), for “member of the National Crime Squad” there shall be substituted “police member of the National Crime Squad with the rank of assistant chief constable”.
Subsection (2) of that section shall cease to have effect.
After section 6 of the 1996 Act there shall be inserted—
In section 8 of that Act (local policing plans), after subsection (2) there shall be inserted—
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—
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In each the enactments specified in subsection (2)—
in sub-paragraph (1), after the words “by way of” there shall be inserted “reimbursement of expenses and”; and
in sub-paragraph (4), after the word “about” there shall be inserted “the reimbursement of expenses or about”.
The enactments are—
paragraph 25A of Schedule 2 to the 1996 Act (allowances for members of police authorities established under section 3 of that Act); and
paragraph 20A of Schedule 2A to that Act (allowances for members of Metropolitan Police Authority).
In sub-paragraph (6) of paragraph 20A of Schedule 2A to the 1996 Act (limitation on payments to members of London Assembly) after “payment” there shall be inserted “by way of an allowance”.
The following provisions (which are superseded by the amendments made by this section) shall cease to have effect—
paragraph 25 of Schedule 2 to the 1996 Act; and
paragraph 20 of Schedule 2A to that Act.
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The following enactments shall be amended in accordance with subsections (2) and (3)—
section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to the police);
section 49A of the Employment Rights Act 1996 (c. 18) (right of police officers not to suffer a detriment in relation to health and safety at work issues); and
section 134A of that Act (right of police officers not to be unfairly dismissed in relation to health and safety at work issues).
In subsection (1) of each of those sections, for “officer” there shall be substituted “authority”.
For subsection (2) of each of those sections, there shall be substituted—
After subsection (2A) of section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (which is inserted by subsection (3)) there shall be inserted—
In each of paragraphs (a), (b) and (c) of subsection (3) of that section, for “chief officer of police” there shall be substituted “police authority”.
In subsection (4) of that section, for “or (c)” there shall be substituted “, (c) or (d)”.
Section 5 of the Police (Health and Safety) Act 1997 (c. 42) (payments by police authorities etc. out of relevant funds in relation to contraventions of health and safety legislation) shall cease to have effect.
An order bringing this section into force may make such savings and transitional provisions as the Secretary of State thinks fit.
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continue to hold the office of constable; and
hold that office with the rank of chief constable.
The Crime and Disorder Act 1998 (c. 37) shall be amended as follows.
In section 5 (authorities responsible for strategies), in subsection (1), after paragraph (b) there shall be inserted—
After subsection (1) of that section there shall be inserted—
In subsection (2) of that section (consultation)—
for paragraphs (a) and (b) there shall be substituted—
at the end of paragraph (c) there shall be inserted; and .
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.”
After subsection (4) of that section, there shall be inserted—
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In section 114—
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
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 ”.
In section 115(2) (authorities to which information may be disclosed for purposes connected with that Act), in paragraph (d)—
in sub-paragraph (i), after “London borough council” there shall be inserted “ , a parish council ”; and
in sub-paragraph (ii), for “or a county borough council” there shall be substituted “ , a county borough council or a community council ”.
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.
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The Secretary of State may by order make provision in relation to the Police Information Technology Organisation (“the Organisation”)—
for conferring additional functions on the Organisation and for modifying its existing functions and powers;
for imposing duties on the Organisation with respect to the carrying out of its functions;
for modifying the constitution of the Organisation and any provision regulating its management and control;
for conferring powers on the Secretary of State in relation to anything mentioned in the preceding provisions of this subsection, or in relation to the Organisation’s members or staff.
The provision that may be made by an order under this section includes each of the following—
provision modifying, in any such manner as the Secretary of State thinks fit, any provision of Part 4 of the 1997 Act (which relates to the Organisation) or of any other enactment that makes provision in relation to, or refers to, the Organisation;
provision conferring functions on the Organisation in relation to persons who have no functions in relation to, nor any connection with, policing but who carry out functions for the purposes of the criminal justice system;
provisions imposing obligations on persons in relation to whom the Organisation has or is given functions to consult with the Organisation and do such other things in relation to the Organisation as may be specified in the order;
provision which in consequence of any provision falling within paragraph (b), changes the name of the Organisation;
provision imposing obligations on the Organisation with respect to planning and consultation; and
provision framed by reference to any power of the Secretary of State or Scottish Ministers under the provisions of such an order to make a determination or give an approval, or by reference to his or their opinion, from time to time, of any matter.
In subsection (2)(b) the reference to persons who carry out functions for the purposes of the criminal justice system includes a reference to members of the prison service in any Part of the United Kingdom and to members of the probation service.
The consequential provision that may be contained in an order under this section includes provision modifying any enactment.
Before making an order under this section, the Secretary of State shall consult with the Scottish Ministers.
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.
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.
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.
Nothing in subsection (1) or in any repeal made by this Act for the purposes of that subsection shall affect—
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— or
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
serves such a notice on that Authority in the period of three months beginning with that day;
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.
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—
falls within any of paragraphs 1 to 3 of Schedule 2A to the Housing Act 1988 (c. 50); or
was an assured tenancy, but not an assured shorthold tenancy, immediately before it became a secure tenancy.
For section 18 of the 1996 Act (supply of goods and services) there shall be substituted—
Each of the enactments specified in subsection (2) shall be amended as follows—
for the words “torts committed by”, in each place where they occur, there shall be substituted “ any unlawful conduct of ”; and
for “in respect of any such tort” there shall be substituted “ , in the case of a tort, ”.
The enactments are—
section 88(1) of the 1996 Act (liability of chief officers);
section 97(9) of that Act (liability of the Secretary of State);
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section 27(8) of the Police (Northern Ireland) Act 1998 (c. 32) (liability of the Secretary of State);
section 29(1) of that Act (liability of the chief constable of the Police Service of Northern Ireland);
paragraph 7(3) of Schedule 3 to that Act (liability of the Police Ombudsman); and
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for “a tort committed by” there shall be substituted “any unlawful conduct of”;
for “torts committed by” there shall be substituted “any unlawful conduct of”; and
for “in respect of any such tort” there shall be substituted “, in the case of a tort,”.
In each of the enactments specified in subsection (5), for “a tort committed by” there shall be substituted “ any unlawful conduct of ”.
The enactments are—
section 88(4)(a) of the 1996 Act (payments in respect of tort proceedings against constables and special constables);
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section 29(3)(a) of the Police (Northern Ireland) Act 1998 (payments in respect of tort proceedings against police officers in Northern Ireland); and
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).
In section 42(6) of the 1997 Act (application to Scotland), paragraph (a) shall be omitted.
In section 39 (1) of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables)—
for “in reparation in respect of any wrongful act or omission” there shall be substituted “ for any unlawful conduct ”; and
for “in respect of a wrongful act or omission” there shall be substituted “ for any unlawful conduct ”.
In section 39(4) of that Act, for “wrongful act or omission” there shall be substituted “ unlawful conduct ”.
In section 88 of the 1996 Act (liability for wrongful acts of constables), after subsection (5) there shall be inserted—
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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—
Where— 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.
any sums are paid by virtue of this section out of a police fund . . . or by the Chief Constable of the Police Service of Northern Ireland, and
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,
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any sums are paid by virtue of this section by a police authority in Scotland or a joint police board there, and
in pursuance of an international obligation, the Secretary of State receives any sum by way of reimbursement, in whole or in part, of the sums so paid,
In section 89 of the 1996 Act (assaults on constables), after subsection (3) there shall be inserted—
In section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults on constables), after subsection (3) there shall be inserted—
In section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables), after subsection (4) there shall be inserted—
Every power conferred by this Act on the Secretary of State to make orders or regulations shall be exercisable by statutory instrument.
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.
This subsection applies to—
any order under section 9(7) or 108; and
any order or regulations that are required to be approved in draft by virtue of section 19(3), 38(9C), ... or 41B ... ... or paragraph 9A(2) of Schedule 5.
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—
to make different provision for different cases;
to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
Every power of the Secretary of State to make provision by regulations under Part 2 or 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 Director General of the Independent Office for Police Conduct.
In this section, references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G (power to make regulations about public sector fraud investigators).
In this Act—
“the 1996 Act” means the Police Act 1996 (c. 16);
“conduct” has the same meaning as in Part 2 (see section 29(1));
After section 28 (codes of practice for the NCIS Service Authority) there shall be inserted— After section 73 (codes of practice for the NCS Service Authority) there shall be inserted—
After section 31A (which is inserted by paragraph 4(1)) there shall be inserted— 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 ”. After section 76A (which is inserted by paragraph 4(2)), there shall be inserted—
The application of the seal of the Office shall be authenticated by the signature of—
any member of the Office; or
any other person who has been authorised by the Director General (whether generally or specially) for that purpose.
The Office shall pay to the Secretary of State all sums received by it (otherwise than under paragraph 14) in the course of, or in connection with, the carrying out of its or the Director General's functions. Sub-paragraph (1) shall not apply where the Secretary of State so directs. Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.
The following are financial years of the Office—
the period beginning with the day on which the Office is established and ending with 31st March falling next after that day; and
every subsequent period of twelve months ending with 31st March.
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—. In subsection (6)(a) of that section, after “paragraph (aa),” there shall be inserted “(ab),”.
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”.
Section 11 of the Police Pensions Act 1976 (c. 35) (interpretation) shall be amended as follows. In subsection (2) (meaning of “police authority” in relation to pensions)— 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),”. After that subsection, there shall be inserted—
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—.
In section 8 of the 1996 Act (local policing plans), after subsection (4) there shall be inserted—
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—. In subsection (5)(b) of that section, for “subsection (1)(b)” there shall be substituted “subsection (1)(aa), (b)”.
In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), before subsection (3) there shall be inserted—
Section 62 of that Act (consultation on terms and conditions for certain appointments) shall be amended as follows. In subsection (1B), the words “6 or” shall be omitted. After that subsection, there shall be inserted—
In section 63(3) of that Act (consultation with Police Advisory Board for England and Wales before exercise of certain powers), after paragraph (c) there shall be inserted, or.
In section 87 of that Act (guidance concerning disciplinary proceedings), for subsection (2) there shall be substituted—
In subsection (1) of section 97 of that Act (police officers engaged on service outside their force), after paragraph (a) there shall be inserted—. In subsection (6)(a) of that section, after “paragraph (a),” there shall be inserted “(aa),”. In subsection (8) of that section, after “paragraph” there shall be inserted “(aa),”.
Section 9
The non-executive members of the Office are to be appointed by the Secretary of State. 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).
The employee members of the Office are to be appointed from the staff of the Office by the non-executive members. 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. 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). On a recommendation of a person for appointment under sub-paragraph (2) or (3), the non-executive members may— 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).
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). Those terms may not include arrangements in relation to remuneration. An appointment as an employee member may be full-time or part-time. The appointment of an employee member terminates— An employee member may resign by giving written notice to the non-executive members. 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.
This paragraph applies if— 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. A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General. 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. Paragraph 1(6) applies for the purposes of sub-paragraph (4). Authorisation of a person under this paragraph ceases to have effect—
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. The persons within this sub-paragraph are— 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. 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). An authorisation under this paragraph may provide for a function to which it relates to be exercisable— Provision under sub-paragraph (5) may (in particular) include provision for restricted persons not to exercise designated functions. For the purposes of sub-paragraph (6)— 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). 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). 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. 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). An authorisation under this paragraph does not prevent the Director General from exercising the function to which the authorisation relates. 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. 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.
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. 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. Accordingly, the Office is to be treated, in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.
Section 13
“disciplinary proceedings” means—
Where a complaint is made about the conduct of a chief officer, it shall be the duty of the local 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. Where— 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. 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. 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. It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of its duty under sub-paragraph (1). It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to ... the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the local policing body maintaining his force or by the Director General.
It shall be the duty of the appropriate authority to refer a complaint to the Director General if— 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 Director General if that authority considers that it would be appropriate to do so so by reason of— In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a local policing body may refer a complaint to the Director General if— Where there is an obligation under this paragraph to refer a complaint to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State. Subject to sub-paragraph (7), the following powers— 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 Director General. The power of an appropriate authority to refer a complaint to the Director 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). A local policing body or chief officer which refers a complaint to the Director General under this paragraph shall give a notification of the making of the reference— A local policing body which refers a complaint to the Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority. A complaint that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 4A— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The appropriate authority must record any complaint that is referred to the Director General under this paragraph that has not already been recorded.
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After section 64 of the Justices of the Peace Act 1997 (c. 25) there shall be inserted—
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies for the purposes of that Act)—
The Independent Police Complaints Commission.
the words “The Police Complaints Authority.” shall be omitted.
The Director General may treat a complaint that comes to the Director General's attention otherwise than by having been referred to the Director General under paragraph 4 as having been so referred. Where the Director General treats a complaint as having been referred to the Director General— The Director General must notify the following that the Director General is treating a complaint as having been referred to the Director General— 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.
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. The complainant has the right to apply to the relevant review body for a review of the outcome of the complaint. The relevant review body must notify the following of an application for a review under sub-paragraph (2)— On a review applied for under sub-paragraph (2), the relevant review body must determine whether the outcome is a reasonable and proportionate outcome. Where the Director General is the relevant review body and the Director General finds that the outcome is not a reasonable and proportionate outcome, the Director General may— 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— The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (6)(a) or (b). The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation. 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)— 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.
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The Director General may treat a conduct matter that comes to the Director General's attention otherwise than by having been referred to the Director General under paragraph 13 as having been so referred. Where the Director General treats a conduct matter as having been referred to the Director General— The Director General must notify the following that the Director General is treating a conduct matter as having been referred to the Director General— 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.
The Director General may serve upon any person an information notice requiring the person to provide the Director General with information that the Director General reasonably requires for the purposes of an investigation in accordance with paragraph 19. But an information notice must not require a person— Neither must an information notice require a postal or telecommunications operator ... to provide communications data .... 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). An information notice must— 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. The Director General may cancel an information notice by written notice to the person on whom it was served.
If a person who has received an information notice— the Director General may certify in writing to the High Court that the person has failed to comply with the information notice. 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.
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. If the Tribunal considers that the notice is not in accordance with the law—
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The powers conferred by this paragraph are exercisable by a person— The designated person may seize anything which is on the premises if the designated person has reasonable grounds for believing— 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— 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). 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. In this paragraph “premises” has the same meaning as in the 1984 Act (see section 23 of that Act).
This paragraph applies where a designated person seizes anything under paragraph 19ZE(2). The designated person must provide a notice in relation to the thing seized if requested to do so by a person showing himself— The notice must state what has been seized and the reason for its seizure. The notice must be provided within a reasonable time from the making of the request for it. In this paragraph “designated person” has the same meaning as in paragraph 19ZE.
This paragraph applies to anything which, for the purposes of an investigation in accordance with paragraph 19— Anything to which this paragraph applies may be retained by the Director 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. 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 Director General may arrange for the thing to be photographed or copied before it ceases to be retained).
This paragraph applies to anything which— If a request for permission to be granted access to a thing to which this paragraph applies is made to the Director General by— the Director General must allow the person who made the request access to it under the supervision of a member of the Office's staff. Sub-paragraph (4) applies if a request for a photograph or copy of a thing to which this paragraph applies is made to the Director General by— The Director General must either— If the Director General acts under sub-paragraph (4)(b), the Director General must supply the photograph or copy to the person who made the request within a reasonable time from the making of the request. The Director General is not obliged to do anything in response to a request under sub-paragraph (2) or (3) if the Director General has reasonable grounds for believing that to do so would prejudice—
Where a DSI matter comes to the attention of the local 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— it shall be the duty of that 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. Where— 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. 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. 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. It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1). It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as he may be directed to take for the purposes of this paragraph by the local policing body maintaining his force or by the Director General.
It shall be the duty of the appropriate authority to refer a DSI matter to the Director General. The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State. A matter that has already been referred to the Director General under this paragraph on a previous occasion , 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 Director General so directs.
The Director General may treat a DSI matter that comes to the Director General's attention otherwise than by having been referred to the Director General under paragraph 14C as having been so referred. Where the Director General treats a DSI matter as having been referred to the Director General— The Director General must notify the appropriate authority that the Director General is treating a DSI matter as having been referred to the Director General. 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.
It shall be the duty of the Director General, in the case of every DSI matter referred to the Director General by a local policing body or a chief officer, to determine whether or not it is necessary for the matter to be investigated. The Secretary of State may by regulations provide that the Director General must determine that it is necessary for DSI matters referred to the 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. Regulations under sub-paragraph (1A) may provide that the duty on the Director 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. Regulations under sub-paragraph (1A) may also provide that, where the Director 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. Where the Director General determines under this paragraph that it is not necessary for a DSI matter to be investigated —
Section 38
the City of London police force,
Where a designation applies this paragraph to any person— Without prejudice to any designation under paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—
In this Schedule “the relevant police area”— In this Schedule “a designation” means a designation under section 38. In Parts 3 and 4 of this Schedule “a designation” also includes a designation under section 39. Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.
Section 41
Section 48 The following is the Schedule inserted in the 1984 Act after Schedule 1—
Section 107
Section 107 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)— in the words before paragraph (a), the words “163”; and 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) Section 5. 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— the words after paragraph (b) of subsection (1); and 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).
“relevant force”, in relation to the appropriate authority, means—
After section 31 there shall be inserted— After section 76 there shall be inserted—
After section 80 there shall be inserted—
Where a designation applies this paragraph to any person—
he may apply as if he were a constable for a warrant under section 8 of the 1984 Act (warrants for entry and search) in respect of any premises in the relevant police area;
the persons to whom a warrant to enter and search any such premises may be issued under that section shall include that person;
that person shall have the power of a constable under section 8(2) of that Act in any premises in the relevant police area to seize and retain things for which a search has been authorised under subsection (1) of that section;
section 15 of that Act (safeguards) shall have effect in relation to the issue of such a warrant to that person as it has effect in relation to the issue of a warrant under section 8 of that Act to a constable;
section 16 of that Act (execution of warrants) shall have effect in relation to any warrant to enter and search premises that is issued (whether to that person or to any other person) in respect of premises in the relevant police area as if references in that section to a constable included references to that person;
section 19(6) of that Act (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (c) as it has effect in relation to the seizure of anything by a constable;
section 20 of that Act (extension of powers of seizure to computerised information) shall have effect in relation the power of seizure conferred on that person by virtue of sub-paragraph (c) as it applies in relation to the power of seizure conferred on a constable by section 8(2) of that Act;
section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by virtue of sub-paragraph (c) as if the references to a constable and to an officer included references to that person; and
sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power, or taken away by him following the imposition of a requirement by virtue of sub-paragraph (g)—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by section 8(2) of that Act or taken away by a constable following the imposition of a requirement by virtue of section 20 of that Act; and
as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to any person—
he shall, when lawfully on any premises in the relevant police area, have the same powers as a constable under section 19 of the 1984 Act (general powers of seizure) to seize things;
he shall also have the powers of a constable to impose a requirement by virtue of subsection (4) of that section in relation to information accessible from such premises;
subsection (6) of that section (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything by a constable;
section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable and to an officer included references to that person; and
sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (b)—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by section 19(2) or (3) of that Act or taken away by a constable following the imposition of a requirement by virtue of section 19(4) of that Act; and
as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to any person, the custody officer for a designated police station in the relevant police area may transfer or permit the transfer to him of a person in police detention for an offence which is being investigated by the person to whom this paragraph applies. A person into whose custody another person is transferred under sub-paragraph (1)— Where a person is transferred into the custody of a person to whom this paragraph applies, in accordance with sub-paragraph (1), subsections (2) and (3) of section 39 of the 1984 Act shall have effect as if—
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)—
to carry out a search or examination at any police station in the relevant police area; and
to take a photograph at any such police station of an identifying mark.
Where a designation applies this paragraph to any person, the requirement by virtue of section 62(7A)(a) 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.
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.
Schedule 7 (which makes minor and consequential amendments) shall have effect.
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.
This Act may be cited as the Police Reform Act 2002.
This Act, except— 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.
the provisions specified in subsection (3) (which come into force on the day on which this Act is passed), and
the provisions to which subsections (4) and (5) apply,
The provisions coming into force on the day on which this Act is passed are—
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
sections 105 and 106 and this section.
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.
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.
Subject to subsections (7) to (9), this Act extends to England and Wales only.
This Act extends to the United Kingdom so far as it makes the following provision—
the provision contained in Part 5;
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);
the provision contained in section 82;
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the provision contained in section 103(6);
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Section 96 also extends to Northern Ireland.
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.
The amendments and repeals made by this Act— do not extend to Scotland.
in section 96 of the Road Traffic Regulation Act 1984 (c. 27) (traffic wardens),
in sections 103 and 183 of the Road Traffic Act 1988 (c. 52) (driving while disqualified), and
Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties),