Legalize / United Kingdom / Public General Act

Police Act 1996

Type Public General Act

Publication 1996-05-22

Last updated 2024-06-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’

Notes:

Police Advisory Boards for England and Wales and for Scotland.

Representation etc. at disciplinary and other proceedings

Short title.

Cross-border aid of one police force by another.

Short title.

Notes:

97A

(1) The Secretary of State may by order amend the definition of “relevant service” in section 97(1).

(2) An order under this section may make transitional, consequential, incidental and supplemental provision or savings.

(3) The provision that may be made under subsection (2) includes provision amending any enactment.

(4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Short title.

Notes:

23A

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Policing body collaboration provision, or policing body & force collaboration provision, may, in particular, consist of provision—

(a) for support to be provided jointly by two or more policing bodies;

(b) for support to be provided for two or more policing bodies or forces jointly;

(3) In relation to policing body collaboration provision, or policing body & force collaboration provision, references to the provision of support include, in particular, the provision of—

(a) premises;

(b) equipment;

(d) services;

(e) facilities.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A policing body may make a collaboration agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(6) A policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before making a collaboration agreement (unless that chief officer is a party to the agreement).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23B

(1) A collaboration agreement may provide for payments between parties to the agreement.

(2) Provision under subsection (1) may in the case of policing bodies or chief officers of police who are parties to the agreement, in particular—

(a) specify the policing bodies or chief officers of police by which and to which a payment is to be made or the manner in which those policing bodies or chief officers of police are to be determined;

(b) specify the amount of any payment or the manner in which it is to be determined.

(3) A policing body or chief officer of police must make any payments required by provision made under subsection (1).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23C

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A collaboration agreement must be in writing.

(3) A collaboration agreement may make different provision for different cases or circumstances.

(4) A collaboration agreement may be varied by a subsequent collaboration agreement.

(5) A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

(6) If circumstances are such that one or more of the parties to a collaboration agreement would not, at a particular time, have power to enter into a collaboration agreement of that description (whether because of a failure to meet the requirements of section 22A(1) or (5) or otherwise) each person who does not have that power must cease to be a party to the agreement.

23D

(1) Where a chief officer makes a collaboration agreement, the policing body responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—

(a) is acting under the terms of the agreement, and

(b) while so acting, is under the direction and control of the chief officer.

(2) Before making a collaboration agreement to which a chief officer of police is to be a party, a policing body must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.

(3) When deciding what arrangements to make, the policing body shall, in particular, make arrangements for those functions to be discharged jointly with another policing body responsible for maintaining a force whose chief officer is a party to the agreement.

(4) The functions conferred on a policing body under this section do not affect any other function of holding a chief officer to account.

23E

(1) A person who makes a collaboration agreement must—

(a) publish the agreement, or

(b) publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.

(2) In a case where information is notified to a chief officer of police under section 23D(2), that information must be published by the chief officer with the information under subsection (1).

23F

(1) The Secretary of State may give chief officers or policing bodies guidance about collaboration agreements or related matters.

(2) In discharging their functions, chief officers and policing bodies must have regard to the guidance.

(3) The Secretary of State may give other persons who exercise functions of a public nature guidance about collaboration agreements or related matters, and those persons must have regard to the guidance in exercising such functions.

23G

(1) The Secretary of State may give chief officers or policing bodies directions about collaboration agreements or related matters.

(2) A direction may be given to—

(a) one or more chief officers;

(b) one or more policing bodies

(2A) The Secretary of State may give one or more other persons who exercise functions of a public nature directions about collaboration agreements or related matters.

(3) A person to whom a direction is given must comply with it.

(4) A direction may, in particular—

(a) require two or more persons to make, or prohibit them from making, a collaboration agreement;

(b) require two or more persons to vary, or prohibit them from varying, a collaboration agreement;

(d) specify terms to be included, or not to be included, in collaboration agreements.

(5) A direction may relate to—

(a) a particular agreement,

(b) agreements of a particular description, or

(6) Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given.

23H

(1) The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement.

(2) A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period.

(3) Before giving a notice under this section the Secretary of State must consult the parties to the agreement.

23I

(1) This section has effect for the purposes of sections 22A to 23H.

(2) “Police force” includes—

(a) the British Transport Police Force, and

(b) the Civil Nuclear Constabulary.

(3) “Chief officer” means—

(a) in relation to the British Transport Police Force, the Chief Constable of the force,

(b) in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and

(4) “Policing body” means—

(aa) a local policing body,

(a) the British Transport Police Authority, and

(b) the Civil Nuclear Police Authority.

(5) The following expressions have the meanings given in section 22A—

“collaboration agreement”;

“force collaboration provision”;

“policing body collaboration provision”;

“policing body & force collaboration provision”.

(6) References to the police force which a policing body is responsible for maintaining include—

(a) in the case of the British Transport Police Authority, the British Transport Police, and

(b) in the case of the Civil Nuclear Police Authority, the Civil Nuclear Constabulary.

(7) References to a police force include—

(a) references to the special constables appointed by a chief officer of police, ...

(b) references to the civilian employees of the police force; and

(c) references to persons who are under the direction and control of the chief officer of police by virtue of being volunteers with the force;

and references to the members of a police force are to be read accordingly.

(8) For that purpose “civilian employee” means—

(a) in the case of a police force maintained under section 2 or 5A, the members of the civilian staff of that force;

(b) in the case of any other police force, the employees of the policing body responsible for maintaining that force who are under the direction and control of the chief officer of police of that force.

Notes:

Police ranks

Collaboration agreements: payments

General provisions

22A

(1) A collaboration agreement may be made by—

(a) two or more policing bodies; or

(b) the chief officers of police of one or more police forces and—

(i) one or more policing bodies together with one or more other persons, or

(ii) if no other person is a party to the agreement, two or more policing bodies.

(2) A collaboration agreement is an agreement containing one or more of the following—

(a) provision about the discharge of functions of members of a police force (“force collaboration provision”);

(b) provision about support by a policing body for another policing body (“policing body collaboration provision”);

(c) provision about support by a policing body for the police force which another policing body is responsible for maintaining (“policing body & force collaboration provision”).

(3) A collaboration agreement may not contain force collaboration provision unless the parties to the agreement consist of, or include,—

(a) the chief officer of police of each police force to which the provision relates, and

(b) the policing body that is responsible for maintaining each such police force.

(4) A collaboration agreement may not contain policing body collaboration provision unless the parties to the agreement consist of, or include, each policing body to which the provision relates.

(5) A collaboration agreement may not contain policing body & force collaboration provision unless the parties to the agreement consist of, or include—

(a) the policing body, or each policing body, to which the provision relates;

(b) the chief officer of police of the police force, or each police force, to which the provision relates; and

(6) Subsection (1)(a) does not prevent other persons from being parties to collaboration agreements.

(7) Subsection (2) does not prevent a collaboration agreement from including other kinds of provision.

(8) For the purposes of subsections (3) and (5), the circumstances in which force collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a police force include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by members of that police force, or

(b) to the police area for which that police force is established.

(9) For the purposes of subsections (4) and (5), the circumstances in which policing body collaboration provision, or policing body & force collaboration provision, is to be taken to relate to a policing body include the cases where provision relates—

(a) to functions of a kind which are or may be exercisable by that policing body or members of the staff of that body, or

(b) to the police area for which that policing body is established.

22B

(1) The chief officer of police of a police force must keep under consideration the ways in which the collaboration functions could be exercised by the chief officer and by one or more other persons to improve the efficiency or effectiveness of—

(a) that police force, and

(b) one or more other police forces.

(2) If the chief officer considers that there is a particular way in which the collaboration functions could be so exercised by the chief officer and by one or more other particular persons (“the proposed collaboration”), the chief officer must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3) The chief officer, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the chief officer and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the chief officer, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration or to give effect to it so far as it relates to them.

(7) In this section “collaboration functions” means functions of chief officers of police or policing bodies under any of sections 22A to 23I (apart from this section).

22C

(1) A policing body must keep under consideration the ways in which the collaboration functions could be exercised by the policing body and by one or more other persons to improve—

(a) the efficiency or effectiveness of—

(i) that policing body,

(ii) the police force which that policing body is responsible for maintaining, or

(iii) that body and that force, and

(b) the efficiency or effectiveness of one or more other policing bodies and police forces.

(2) If the policing body considers that there is a particular way in which the collaboration functions could be so exercised by the policing body and by one or more other particular persons (“the proposed collaboration”), the policing body must notify those other persons (the “proposed partners”) of the proposed collaboration.

(3) The policing body, and the proposed partners notified under subsection (2) (the “notified proposed partners”), must consider whether to exercise the collaboration functions to give effect to the proposed collaboration.

(4) In considering whether to so exercise the collaboration functions, the policing body and the notified proposed partners must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces.

(5) Subsection (6) applies if all, or two or more, of—

(a) the policing body, and

(b) the notified proposed partners,

(the “agreeing parties”) are of the view that the proposed collaboration would be in the interests of the efficiency or effectiveness of one or more policing bodies or police forces (if the agreeing parties were to exercise the collaboration functions to give effect to the proposed collaboration, or to give effect to it so far as it relates to them).

(6) The agreeing parties must exercise the collaboration functions so as to give effect to the proposed collaboration, or to give effect to it so far as it relates to them.

(7) In this section “collaboration functions” means functions of policing bodies or chief officers of police under any of sections 22A to 23I (apart from this section).

23AA

(1) This section applies to force collaboration provision, contained in a collaboration agreement, which is about the discharge of functions by persons designated under section 38 of the Police Reform Act 2002 (“designated persons”) by the chief officer of one police force (the “assisting force”) for the purposes of another police force (the “assisted force”).

(2) The force collaboration provision must specify—

(a) the functions which the designated persons are permitted by the collaboration agreement to discharge for the purposes of the assisted force, and

(b) any restrictions or conditions on that permission for the designated persons to discharge those functions.

(3) The force collaboration provision must not permit the designated persons to discharge functions for the purposes of the assisted force unless those persons are, by virtue of the relevant section 38 designation, authorised to discharge those functions for the purposes of the assisting force.

(4) The force collaboration provision does not authorise the designated persons to discharge functions for the purposes of the assisted force (but see section 38B of the Police Reform Act 2002).

(5) References in this section to the discharge of functions by persons designated under section 38 of the Police Reform Act 2002 by the chief officer of the assisting force for the purposes of the assisted force include references to—

(a) the joint discharge of functions by the designated persons and members of the assisted police force,

(b) the discharge of functions by the designated persons in the assisted force's area, and

(6) In this section—

“relevant section 38 designation”, in relation to a designated person, means the section 38 designation relating to the person;

“section 38 designation” means a designation under section 38 of the Police Reform Act 2002.

23FA

(1) The Secretary of State may, by order, require a specified police function to be exercised in relation to—

(a) all police areas, or

(b) all police areas apart from any specified in the order,

in accordance with police collaboration provision.

(2) An order under this section may specify whether the specified police function is required to be exercised in relation to the specified police areas in accordance with police collaboration provision contained in—

(a) a single collaboration agreement which relates to all of those police areas, or

(b) a number of collaboration agreements which, between them, relate to all of those police areas.

(3) Provision under subsection (2)(b) need not specify a particular number of collaboration agreements.

(4) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) If, but for this subsection, an instrument containing an order under this section would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(6) In this section “specified” means specified in an order under this section.

23HA

In reaching a conclusion about whether or not a collaboration agreement is, or would be, in the interests of efficiency or effectiveness of one or more police forces (the “police forces under consideration”), a person must, in particular, consider—

(a) the existing collaboration agreements, and other arrangements for co-operation, to which the police forces under consideration are parties;

(b) the desirability of police forces taking a consistent approach in making such agreements and other arrangements; and

Impersonation, etc.

Powers of inspectors to obtain information etc

6A

(1) An inspector may serve on a person a notice requiring the person—

(a) to provide the inspector with any information or documents that the inspector reasonably requires for the purposes of an inspection under section 54;

(b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for those purposes.

This is subject to sub-paragraphs (6) to (9).

(2) A notice under this paragraph must—

(a) specify or describe the information, documents, evidence or other things that are required by the inspector;

(b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up;

(c) where the notice is served on a person who has a right of appeal under paragraph 6D, give details of that right of appeal.

(3) In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought.

(4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

(5) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from—

(a) the Security Service,

(b) the Secret Intelligence Service,

(d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities,

(e) the Crown Prosecution Service,

(f) the Service Prosecuting Authority, or

(g) the Serious Fraud Office.

(7) A notice under this paragraph must also not be used to obtain information, or any document or other thing, from any person if—

(a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (6), or

(b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.

(8) A notice under this paragraph must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(c) to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

(d) to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

(9) A notice under this paragraph must not require a postal or telecommunications operator to provide communications data.

(10) In sub-paragraph (9), “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).

(11) In this paragraph—

“document” means anything in which information of any description is recorded;

“inspector” means—an inspector of constabulary,a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, ora person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph.

Powers of inspectors to obtain access to police premises

6B

(1) An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to—

(a) premises that are occupied (wholly or partly) for the purposes of—

(i) a police force,

(ii) a local policing body,

(iii) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or

(iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and

(b) documents and other things on those premises.

(2) A notice under this paragraph must—

(a) specify or describe the premises to which the inspector requires access;

(b) specify the time when access is required (which may be immediately after the service of the notice).

(3) Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.

(4) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(5) In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph).

Notes:

Joint inspection of courts

8

(1) The inspectors of constabulary may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.

(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(3) The power of the inspectors of constabulary under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

The City of London

6AZA

The Common Council of the City of London is to continue to be the police authority for the City of London police area.

Three-year strategy plans

City of London

Notes:

40C

(1) The Secretary of State may give a direction to the College of Policing requiring it to exercise any particular function that is conferred on the College by this Act or any other enactment.

(2) The College of Policing shall carry out such other duties for the purpose of furthering the efficiency, effectiveness or integrity of the police as the Secretary of State may from time to time direct.

52A

(1) This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that relates to—

(a) hours of duty,

(b) leave,

(d) the issue, use and return of police clothing, personal equipment and accoutrements.

(2) In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent, or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under section 64B(1), and

(b) consider that body's report on the matter.

(3) In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before making the regulations the Secretary of State shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review Body, or

(b) where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that body's report on the matter.

(4) This subsection applies where—

(a) the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those who are, and

(b) the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—

(a) there is not enough time to do so because the need to make the regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the proposed regulations.

(6) In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—

(a) the persons and bodies who between them maintain police forces;

(b) chief officers of police;

(d) police cadets appointed under section 28.

(7) The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).

(8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Civilian staff

53E

(1) In this section “relevant civilian staff” means individuals, other than constables, who—

(a) are employed by a local policing body or a chief officer of police, or

(b) provide services to a local policing body or a chief officer of police, in pursuance of contractual arrangements but without being employed by the body or officer, and can be expected to have frequent contact with members of the public in the course of doing so.

(2) The College of Policing may issue guidance to local policing bodies and chief officers of police with regard to—

(a) the experience or qualifications to be expected of relevant civilian staff;

(b) the training to be undertaken by such staff.

(3) The College may from time to time revise the whole or any part of any guidance issued under this section.

(4) The College shall publish any guidance issued under this section and any revision of it.

(5) In discharging any function to which guidance under this section relates, a local policing body or chief officer of police shall have regard to the guidance.

PART 3A — The Police Remuneration Review Body

64A

(1) There shall be a body called the Police Remuneration Review Body.

(2) It shall consist of—

(a) a chair appointed by the Prime Minister, and

(b) five or more other members appointed by the Secretary of State, one of whom the Secretary of State may appoint as deputy chair.

(3) Before making an appointment, the Prime Minister or the Secretary of State shall consult the Department of Justice in Northern Ireland.

(4) The Secretary of State may by order—

(a) change the name of the body established by this section, and

(b) make consequential amendments to any provision contained in or made under this or any other Act.

(5) A statutory instrument containing an order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Schedule 4B shall have effect in relation to the Police Remuneration Review Body.

64B

(1) The Police Remuneration Review Body shall consider and report on any matter referred to it by the Secretary of State that relates to—

(a) hours of duty,

(b) leave,

(d) the issue, use and return of police clothing, personal equipment and accoutrements,

as regards members of police forces of or below the rank of chief superintendent or police cadets appointed under section 28.

(2) A report under subsection (1) shall be submitted to—

(a) the Secretary of State, and

(b) the Prime Minister,

and the Secretary of State shall arrange for it to be published.

(3) The Police Remuneration Review Body shall also consider and report on any matter referred to it by the Department of Justice in Northern Ireland that relates to—

(a) hours of duty,

(b) leave,

(d) the issue, use and return of equipment,

as regards members of the Police Service of Northern Ireland of or below the rank of chief superintendent, police trainees appointed under section 39 of the Police (Northern Ireland) Act 2000 or police cadets appointed under section 42 of that Act.

(4) A report under subsection (3) shall be submitted to the Department of Justice, and that Department shall arrange for it to be published.

(5) When referring a matter to the Police Remuneration Review Body, the Secretary of State or Department of Justice may give directions to that body about—

(a) the time within which it must report;

(b) considerations to which it must have particular regard;

(d) matters on which it is to make recommendations.

(6) The Police Remuneration Review Body may include in a report under this section any recommendations it considers appropriate arising out of matters referred to it under this section (whether or not it is required to do so by a direction under subsection (5)).

(7) A reference or direction under this section may be varied or revoked.

95A

(1) The College of Policing may charge fees for providing services of a public nature only if—

(a) the services are of a specified description and are provided with a view to promoting the efficiency, effectiveness or professionalism of the police, and

(b) the fees are of a specified amount or are determined in a specified manner.

(2) In this section “specified” means specified in an order made by the Secretary of State.

(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100A

(1) This section applies where a person who—

(a) holds the office of constable with a rank above that of chief superintendent, or

(b) hold that office and is eligible to be appointed to a rank above that of chief superintendent,

is appointed as a member of the staff of the College of Policing.

(2) The person continues to hold the office of constable while a member of the staff of the College.

(3) On appointment—

(a) a person within subsection (1)(a) holds that office with the same rank that the person held immediately before appointment, or with whatever higher rank the College decides;

(b) a person within subsection (1)(b) holds that office with whatever rank, above that of chief superintendent, the College decides.

100B

A person who, apart from this section, would not have power to disclose information to the College of Policing has power to do so where the disclosure is made for the purposes of the exercise by the College of any of its functions.

SCHEDULE 4B

Interpretation

1

In this Schedule “review body” means the Police Remuneration Review Body.

Members of the review body

2

The Secretary of State shall determine how many members the review body should have and what kinds of experience the members should possess.

3

Members shall hold and vacate office in accordance with the terms of their appointment.

4

Members shall adhere to any statement of principles issued by the Secretary of State as to their conduct as members.

Resignation of members

5

(1) The chair of the review body may resign by giving written notice to the Prime Minister.

(2) Resignation may be either—

(a) as chair, or

(b) as both chair and member.

6

(1) The deputy chair of the review body may resign by giving written notice to the Secretary of State.

(2) Resignation may be either—

(a) as deputy chair, or

(b) as both deputy chair and member.

7

A member other than the chair or deputy chair may resign by giving written notice to the Secretary of State.

Dismissal of members

8

(1) The Prime Minister may by written notice dismiss the chair on the ground that—

(a) the chair has been made bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors;

(b) in the opinion of the Prime Minister the chair is unable, unfit or unwilling to perform—

(i) the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as chair, or

(b) as both chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).

9

(1) The Secretary of State may by written notice dismiss the deputy chair on the ground that—

(a) the deputy chair has been made bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors;

(b) in the opinion of the Secretary of State the deputy chair is unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as deputy chair, or

(b) as both deputy chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).

10

The Secretary of State may by written notice dismiss a member other than the chair or deputy chair on the ground that—

(a) the member has been made bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act 1986) or has made an arrangement with creditors, or

(b) in the opinion of the Secretary of State the member is unable, unfit or unwilling to perform the functions of a member.

Procedure

11

(1) Subject to sub-paragraph (2), the review body shall determine its own procedure.

(2) The Secretary of State may give directions to the review body as to its procedure, including in particular directions about—

(a) the persons from whom the review body is to obtain evidence;

(b) the procedure for obtaining evidence.

(3) The validity of proceedings of the review body is not affected by—

(a) a vacancy in its membership (including a vacancy in the position of chair);

(b) a defect in a person's appointment.

Matters to be considered

12

The Secretary of State may give directions to the review body about the matters that it is to consider when making decisions.

Consultation

13

(1) The Secretary of State shall consult with the persons and bodies listed in sub-paragraph (2), and any others that the Secretary of State thinks fit, before—

(a) making or revising a determination under paragraph 2;

(b) issuing or revising a statement of principles under paragraph 4;

(2) The persons and bodies are—

(a) the Department of Justice in Northern Ireland;

(b) persons whom the Secretary of State considers to represent the views of chief officers of police and of the Chief Constable of the Police Service of Northern Ireland;

(d) persons whom the Secretary of State considers to represent the interests of members of the Police Service of Northern Ireland;

(e) persons whom the Secretary of State considers to represent the views of the persons and bodies who between them maintain the police forces in England and Wales;

(f) the Northern Ireland Policing Board.

(3) The Minister shall consult with the Department of Justice in Northern Ireland before exercising a power of dismissal under paragraph 8, 9 or 10.

Publication

14

The Secretary of State shall arrange for the publication of—

(a) a statement of any determination made under paragraph 2 (and of any revised determination);

(b) any statement of principles issued under paragraph 4 (and any revised statement);

Money

15

The Secretary of State or the Department of Justice in Northern Ireland—

(a) may defray expenses incurred by the review body;

(b) may pay remuneration and allowances to members;

(i) a pension;

(ii) an allowance or gratuity on retirement or death;

(d) may pay compensation to a person who ceases to be a member if it seems to the Secretary of State or the Department to be right to do so by reason of special circumstances.

Notes:

Amendment of names of police areas

31A

(1) The Secretary of State may by regulations amend any name of a police area specified in the first column of Schedule 1 (police areas).

(2) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

50A

(1) The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police.

(2) The ranks must include the rank of constable.

(3) The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1).

(4) The power conferred by subsection (3) includes power to—

(a) repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1);

(b) make other amendments of legislation that are consequential on regulations under subsection (1).

(5) In subsection (4), “legislation” means any provision of—

(a) an Act (including this Act),

(b) subordinate legislation within the meaning of the Interpretation Act 1978,

(d) a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or

(e) Northern Ireland legislation or an instrument made under Northern Ireland legislation.

(6) Regulations under this section may include transitional, transitory or saving provision.

(7) Regulations under this section may make different provision for different cases or circumstances.

50B

(1) A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2) If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must—

(a) lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and

(b) if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms.

(3) The duty under subsection (2) does not apply if the Secretary of State considers—

(a) that it would be unlawful to make regulations in terms of the draft,

(b) that it would impair the efficiency of the police to do so, or

(4) The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless—

(a) the draft is laid in accordance with the duty under subsection (2), or

(b) the College of Policing has approved the text of the regulations.

53F

(1) The College of Policing may issue guidance to chief officers of police about—

(a) the experience or qualifications that it would be appropriate for a person to have before being designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;

(b) the training to be undertaken by a person before being so designated or after being so designated.

(2) The College may from time to time revise the whole or any part of any guidance issued under this section.

(3) The College must publish any guidance issued under this section and any revision of it.

(4) Each chief officer of police must have regard to guidance issued under this section.

87A

(1) The Secretary of State may issue guidance as to matters of conduct, efficiency and effectiveness to—

(a) members of police forces,

(b) special constables, ...

(d) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002.

(2) The College of Policing may, with the approval of the Secretary of State, issue guidance of the type described in subsection (1) to the persons mentioned in paragraphs (a) and (b) of that subsection.

(3) It shall be the duty of every person to whom any guidance under this section is issued to have regard to the guidance.

(4) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings brought against the person.

(5) In this section “civilian police employees” and “disciplinary proceedings” have the same meaning as in section 87.

Part 4A — Police barred list and police advisory list

Police barred list

88A

(1) The relevant authority must report a person to the College of Policing where—

(a) the person ceases to be a member of a police force or a special constable by virtue of being dismissed at proceedings conducted under regulations made in pursuance of section 50(3) or 51(2A);

(b) the person is a former member of a police force or a former special constable and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of a police force or a special constable;

(c) the person ceases to be a civilian police employee by virtue of being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness;

(d) the person is a former civilian police employee and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been such an employee.

(2) A report under subsection (1)—

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

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

(3) In this section “relevant authority” means—

(a) in relation to a person falling within subsection (1)(a), other than a person who was a chief officer of police immediately before being dismissed, the chief officer of police of the police force of which the person was a member, or for which the person was appointed as a special constable, at that time;

(b) in relation to a person falling within subsection (1)(a) who was a chief officer of police immediately before being dismissed, the local policing body for the police force of which the person was a member at that time;

(c) in relation to a person falling within subsection (1)(b), other than a former chief officer of police, the chief officer of police of the police force of which the person was last a member or for which the person was last appointed as a special constable;

(d) in relation to a person falling within subsection (1)(b) who is a former chief officer of police, the local policing body for the police force of which the person was last a member;

(e) in relation to a person falling within subsection (1)(c), the chief officer of police under whose direction and control the person was immediately before being dismissed;

(f) in relation to a person falling within subsection (1)(d), the chief officer of police under whose direction and control the person was immediately before ceasing to be a civilian police employee.

(4) In this section “disciplinary proceedings” means—

(a) in relation to a former member of a police force or a former special constable, proceedings conducted under regulations made in pursuance of section 50(3A) or 51(2B);

(b) in relation to a former civilian police employee, any proceedings that are identified as disciplinary proceedings in relation to such a person by regulations made by the Secretary of State.

(5) For the purposes of this section, a person is a civilian police employee if the person is—

(a) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or

(b) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London.

(6) A person is dismissed for the purposes of subsection (1)(c) if the circumstances in which the person ceases to be a civilian police employee amount to dismissal within the meaning of Part 10 of the Employment Rights Act 1996 (see section 95 of that Act).

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

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

88B

(1) The College of Policing must maintain a list of persons who are reported to the College under section 88A.

(2) The list maintained under subsection (1) is to be known as the police barred list.

(3) The police barred list must include such information in relation to a person reported to the College of Policing under section 88A as is specified in regulations made by the Secretary of State.

(4) Regulations under this section—

(a) may make different provision for different cases and circumstances;

(b) may confer a discretion on the College of Policing.

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

88C

(1) A person who is included in the police barred list is a barred person for the purposes of this section and sections 88D and 88E.

(2) Before employing or appointing any person, a person mentioned in subsection (5) must check with the College of Policing whether the proposed employee or proposed appointee (as the case may be) is a barred person.

(3) A person mentioned in subsection (5) may not employ a barred person or otherwise appoint a barred person to any position.

(4) For the purposes of subsections (2) and (3) a person who is to be seconded to work for a person mentioned in subsection (5), and who will not be employed by that person, is to be regarded as being appointed by that person.

(5) The persons referred to in subsections (2) to (4) are—

(a) a chief officer of police;

(b) a local policing body;

(d) the Independent Office for Police Conduct;

(e) a person specified in regulations made by the Secretary of State.

(6) A person may be specified in regulations under subsection (5)(e) only if the person has relevant public functions.

(7) In this section and sections 88D and 88E “relevant public functions” means functions of a public nature exercisable in, or in relation to, England and Wales that relate to policing or law enforcement.

(8) A statutory instrument containing regulations under subsection (5)(e) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(9) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is a barred person.

(10) A chief officer of police may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

88D

(1) If a person to be specified in regulations under section 88C(5)(e) has both relevant public functions and other functions, the person may be so specified as follows (but not otherwise)—

(a) in relation to the exercise of the person's relevant public functions, or

(b) in relation to the exercise of such of those relevant public functions as are of a description specified in the regulations.

(2) In this section—

(a) a person who is specified in regulations under section 88C(5)(e) is referred to as a specified person, and

(b) in relation to that person, the functions in relation to the exercise of which the person is specified are referred to as specified functions.

(3) In relation to a specified person—

(a) the duties in section 88C(2) and (3) apply only to the extent that the proposed employee or proposed appointee (as the case may be) will be involved in the exercise of specified functions;

(b) the additional duties in subsections (4) and (5) of this section apply where the specified person is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified functions (not having previously been so involved).

(4) Before making the arrangement, the specified person must check with the College of Policing whether the existing employee or existing appointee (as the case may be) is a barred person.

(5) The specified person may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of specified functions.

(6) For the purposes of subsections (3) to (5) a person who is seconded to work for a specified person is to be regarded as an existing appointee of that person (if not an existing employee of that person).

88E

(1) A person mentioned in section 88C(5) may not enter into a contract for the provision of services if the terms of the contract would permit a barred person to be involved in the exercise of relevant public functions.

(2) A local policing body may not enter into a contract for the provision of services to a chief officer of police if the terms of the contract would permit a barred person to be involved in the exercise of relevant public functions.

(3) Subsection (1) applies in relation to a person specified in regulations under section 88C(5)(e) as described in section 88D(1)(b) as if the reference in subsection (1) to relevant public functions were a reference to those relevant public functions in relation to the exercise of which the person is specified.

88F

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

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

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

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

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

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

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

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

(3) A report under subsection (2)—

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

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

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

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

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

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

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

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

88G

(1) This section applies to a person who—

(a) is included in the police barred list, and

(b) is of a description specified in regulations made by the Secretary of State.

(2) The College of Policing must (in accordance with subsection (3)) publish such information included in the police barred list in relation to a person to whom this section applies as is specified in regulations made by the Secretary of State.

(3) Information published under subsection (2) must—

(a) be published in such manner as the College of Policing considers appropriate,

(b) be published within such period following its inclusion in the police barred list as is specified in regulations made by the Secretary of State,

(d) cease to be published by the College at the end of that period.

(4) The Secretary of State may by regulations provide for the duty in subsection (2) to be subject to exceptions.

(5) Regulations under subsection (4) may (amongst other things) make provision which has the effect that—

(a) information is never published;

(b) information ceases to be published by the College of Policing before the end of the period referred to in subsection (3)(c).

(6) Regulations which make provision of the type described in subsection (5)(b) may confer functions on the College of Policing including functions which involve the exercise of a discretion.

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

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

88H

The College of Policing may, if it considers it to be in the public interest to do so, disclose to any person information included in the police barred list which relates to a particular person who is included in the police barred list.

Police advisory list

88I

(1) The relevant authority must report a person to the College of Policing where—

(a) the person ceases to be a person serving with the police by resigning or retiring after a relevant allegation about the person comes to the attention of the relevant authority but before disciplinary proceedings in respect of the allegation are brought or, if brought, before they are concluded;

(b) the person is a former member of a police force or a former special constable and a relevant allegation about the person comes to the attention of the relevant authority after the person having ceased to be a member of a police force or a special constable (as the case may be) by resigning or retiring.

(c) the person's designation as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 is withdrawn and the reason, or one of the reasons, for the withdrawal of the designation relates to conduct, efficiency or effectiveness;

(d) the person, having been designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, decides to stop volunteering as a police volunteer (within the meaning of that section) after a relevant allegation about the person comes to the attention of the relevant authority.

(2) But the duty in subsection (1)(a) does not apply if, before the person resigns or retires, it is determined that no disciplinary proceedings will be brought against the person in respect of the allegation.

(3) A report under subsection (1)—

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

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

(4) In this section “relevant authority” means—

(a) in relation to a person who was a member of a police force, other than a chief officer of police, immediately before resigning or retiring, the chief officer of police of that police force;

(b) in relation to a person who was a chief officer of police immediately before resigning or retiring, the local policing body for the police force of which the person was a member at that time;

(c) in relation to a person who was a special constable immediately before resigning or retiring, the chief officer of police of the police force for which the person was appointed as a special constable immediately before resigning or retiring;

(d) in relation to a person who was a civilian police employee immediately before resigning or retiring, the chief officer of police under whose direction and control the person was at that time.

(e) in relation to a person falling within subsection (1)(c) or (d), the chief officer of police by whom the person was designated.

(5) For the purposes of this section a person is serving with the police if the person is—

(a) a member of a police force,

(b) a special constable, or

(6) For the purposes of this section an allegation about a person is a relevant allegation if—

(a) it relates to the conduct, efficiency or effectiveness of the person, and

(b) the allegation (if proved) is of a type that might have resulted in the person being dismissed as described in section 88A(1)(a) or (c) if the person had not resigned or retired or (as the case may be) the person's designation as a community support volunteer or a policing support volunteer being withdrawn if the person had not decided to stop volunteering.

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

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

88J

(1) The College of Policing must maintain a list of persons who are reported to the College under section 88I.

(2) The list maintained under subsection (1) is to be known as the police advisory list.

(3) The police advisory list must include such information in relation to a person reported to the College of Policing under section 88I as is specified in regulations made by the Secretary of State.

(4) Regulations under this section—

(a) may make different provision for different cases and circumstances;

(b) may confer a discretion on the College of Policing.

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

88K

(1) Before employing or appointing any person, a person mentioned in subsection (3) must check with the College of Policing whether the proposed employee or proposed appointee (as the case may be) is included in the police advisory list.

(2) For the purposes of subsection (1) a person who is to be seconded to work for a person mentioned in subsection (3), and who will not be employed by that person, is to be regarded as being appointed by that person.

(3) The persons referred to in subsections (1) and (2) are—

(a) a chief officer of police;

(b) a local policing body;

(d) the Independent Office for Police Conduct;

(e) a person specified in regulations made by the Secretary of State for the purposes of section 88C(5)(e).

(4) In this section—

(a) a person who is specified in regulations under section 88C(5)(e) is referred to as a specified person, and

(b) in relation to that person, the functions in relation to the exercise of which the person is specified are referred to as specified functions.

(5) In relation to a specified person—

(a) the duty in subsection (1) applies only to the extent that the proposed employee or proposed appointee (as the case may be) will be involved in the exercise of specified functions;

(b) the additional duty in subsection (6) applies where the specified person is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified functions (not having previously been so involved).

(6) Before making the arrangement, the specified person must check with the College of Policing whether the existing employee or existing appointee (as the case may be) is included in the police advisory list.

(7) For the purposes of subsections (5) and (6) a person who is seconded to work for a specified person is to be regarded as an existing appointee of that person (if not an existing employee of that person).

(8) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is included in the police advisory list.

88L

(1) Subsection (2) applies where a relevant authority reports a person to the College of Policing under section 88I(1)(a) or (b) and—

(a) it is determined that no disciplinary proceedings will be brought against the person,

(b) the disciplinary proceedings brought against the person are withdrawn, or

(c) the disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had still been a person serving with the police.

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

(3) A report under subsection (2)—

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

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

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

(5) The College of Policing must remove a person from the police advisory list if the person becomes included in the police barred list by virtue of section 88A(1)(b) or (d).

(6) The Secretary of State may by regulations make provision in connection with the removal from the police advisory list (otherwise than under subsection (4) or (5)) of a person who, immediately before resigning or retiring, was a member of a police force or a special constable.

(7) The Secretary of State must by regulations make provision in connection with the removal from the police advisory list (otherwise than under subsection (4) or (5)) of

(a) a person who, immediately before resigning or retiring, was a civilian police employee;

(b) a person who was designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

(8) Regulations under subsection (6) or (7) may confer functions on the College of Policing including functions which involve the exercise of a discretion.

(9) In this section—

“civilian police employee” has the same meaning as in section 88A;

“disciplinary proceedings” has the same meaning as in section 88A;

“person serving with the police” has the same meaning as in section 88I;

“relevant authority” has the same meaning as in section 88I.

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

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

88M

The College of Policing may, if it considers it to be in the public interest to do so, disclose to any person information included in the police advisory list which relates to a particular person who is included in the police advisory list.

Failure to comply with notice under paragraph 6A or 6B

6C

(1) If a person who has received a notice under paragraph 6A or 6B—

(a) fails or refuses without reasonable excuse to do what is required by the notice, or

(b) (in the case of a notice under paragraph 6A) knowingly or recklessly provides information in response to the notice that is false in a material respect,

the chief inspector of constabulary may certify in writing to the High Court that the person has failed to comply with the notice.

(2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

Appeals against notices under paragraph 6A

6D

(1) A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.

(2) The right of appeal conferred by sub-paragraph (1) does not apply where the notice is served on a person who is—

(a) a member of a police force;

(b) a special constable;

(c) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);

(ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;

(d) a local policing body or a person employed by a local policing body;

(e) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of a police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions;

(f) a person employed by a person providing services as mentioned in paragraph (e);

(g) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force.

(3) If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal.

(4) If the Tribunal considers that the notice is not in accordance with the law—

(a) it must quash the notice, and

(b) it may give directions regarding the service of a further notice under paragraph 6A.

Sensitive information: restriction on further disclosure

6E

(1) Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2) The information is—

(a) intelligence service information;

(b) protected information relating to a relevant warrant;

(c) information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii) jeopardise the safety of any person.

(3) Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(4) A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another.

(5) In this paragraph—

“government department” means a department of Her Majesty's Government but does not include—the Security Service,the Secret Intelligence Service, orthe Government Communications Headquarters (“GCHQ”);

“inspector” means—an inspector of constabulary,a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, ora person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise);

“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—the Security Service,the Secret Intelligence Service, GCHQ, orany part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

“Minister of the Crown” includes the Treasury;

“protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

“relevant authority” means—in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;in the case of information within sub-paragraph (2)(c)—the Secretary of State, orthe Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

“relevant warrant” means—a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, ora warrant under Chapter 1 of Part 6 of that Act.

Provision of sensitive information to inspectors

6F

(1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to an inspector (whether under a provision of this Schedule or otherwise) must—

(a) make the inspector aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and

(b) provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information.

(2) In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.

2A

(1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State.

(2) Rules under sub-paragraph (1) may make—

(a) different provision for different cases and circumstances;

(b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal.

(3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

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