’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:

Provision of advice and assistance to international organisations etc.

Reports from police authorities.

Grants for capital expenditure.

Duty to report dismissals etc to College of Policing

National and international functions of the metropolitan police force and other police forces.

Provision of special services.

Power to amend section 97

Short title.

National and international functions: application of requirements relating to reports etc.

Notes:

General duty of Secretary of State.

Assistant chief constables.

Membership of trade unions.

General duty of Secretary of State.

National and international functions of the metropolitan police force and other police forces.

Cross-border aid of one police force by another.

SCHEDULE 3A

Lay justice selection panels

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lay justice selection panels

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lay justice selection panels

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of lay justice selection panels

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of lay justice selection panels

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure if too few candidates short-listed

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notes:

8A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership of trade unions.

Notes:

37A

(1) The Secretary of State must, from time to time, issue a document (the “strategic policing requirement”) which sets out what, in the Secretary of State's view, are—

(a) national threats at the time the document is issued, and

(b) appropriate national policing capabilities to counter those national threats.

(2) A chief officer of police must, in exercising the functions of chief officer, have regard to the strategic policing requirement.

(3) Before issuing the strategic policing requirement, the Secretary of State—

(a) must obtain the advice of—

(i) such persons as appear to the Secretary of State to represent the views of chief officers of police, and

(ii) such persons as appear to the Secretary of State to represent the views of local policing bodies, and

(b) must consult such other persons as the Secretary of State thinks fit.

(4) The strategic policing requirement need not set out a national threat (in particular) if, in the Secretary of State's view, countering the threat would involve police forces other than England and Wales police forces (and only those other police forces).

(5) References in this section to national policing capabilities to counter a threat are references to the ability of all England and Wales police forces—

(a) to exercise one or more functions to counter that threat,

(b) to exercise one or more functions in one or more particular ways to counter that threat, or

(6) In this section—

“England and Wales police force” means—a police force maintained under section 2,the metropolitan police force, andthe City of London police force;

“national threat” means a threat (whether actual or prospective) which is—a threat to national security, public safety, public order or public confidence that is of such gravity as to be of national importance, ora threat which can be countered effectively or efficiently only by national policing capabilities to counter the threat.

6ZA

(1) The Secretary of State may by order confer particular functions on the Common Council.

(2) Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring the Common Council—

(a) to monitor the performance of the City of London police force in—

(i) complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment;

(ii) carrying out any plan issued by virtue of section 6ZB;

(aa) to hold the Commissioner of Police for the City of London to account for the exercise of the Commissioner's functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(b) to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient;

(3) Before making an order under this section the Secretary of State must consult—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and

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

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

Appointment of councillor members

Appointment of other members

Chairman and vice chairmen

Standards committees

Consultation

Supplementary

Membership of Authority

Appointment of members from London Assembly etc

Appointment of other members

Chairman and vice chairmen

Standards committees

Consultation

Supplementary

Impersonation, etc.

40A

(1) Where the Secretary of State is satisfied that a local policing body is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the local policing body to take specified measures for the purpose of remedying the failure.

(2) Where the Secretary of State is satisfied that a local policing body will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the local policing body to take specified measures in order to prevent such a failure occurring.

(3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the local policing body submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4) The Secretary of State shall not give a direction under this section in relation to a local policing body unless—

(a) the local policing body has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;

(b) the local policing body has been given an opportunity of making representations about those grounds;

(c) the local policing body has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Secretary of State has considered any such representations and any such proposals.

(5) Subsection (4) does not apply if the Secretary of State is satisfied that—

(a) the local policing body has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b) the information the local policing body had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and

(6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b) an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7) A local policing body that is given a direction under this section shall comply with it.

(8) Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.

40B

(1) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—

(a) a proposal is made for the giving of a direction under section 40;

(b) a proposal is made for the giving of a direction under section 40A.

(2) Before making any regulations under this section, the Secretary of State shall consult with—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;

(b) the National Police Chiefs' Council; and

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

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

(5) On giving a direction under section 40 or section 40A to a local policing body, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.

(6) Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—

(a) a copy of the direction; and

(b) a report about it.

(7) A report under subsection (6)—

(a) shall be prepared at such time as the Secretary of State considers appropriate; and

(b) may relate to more than one direction.

Regulations as to standard of equipment.

60A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National and international functions: application of requirements relating to reports etc.

Police Advisory Boards for England and Wales and for Scotland.

Cross-border aid of one police force by another.

SCHEDULE 4A

Delegation of functions

1

(1) An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority.

(2) If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule as carried out by the inspector.

(3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks

2

(1) The chief inspector of constabulary shall from time to time ... prepare—

(a) a document setting out what inspections the inspectors of constabulary propose to carry out (an “inspection programme”);

(b) a document setting out the manner in which they propose to carry out their functions of inspecting and reporting (an “inspection framework”).

(2) Before preparing an inspection programme or an inspection framework the chief inspector of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Care Quality Commission,

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other person or body specified by an order made by the Secretary of State,

and he shall send to the Secretary of State a copy of each programme or framework once it is prepared.

(2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and

(c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).

(3) The requirement in sub-paragraph (2) to consult, and under sub-paragraph (2A)(c) to send copies to, a person or body listed in paragraphs (a) to (j) of sub-paragraph (2) is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

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

(4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.

(4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives—

(a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and

(b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.

(6) The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)).

(7) Before deciding to carry out, or to request another inspector to carry out, an inspection that has not been set out in an inspection programme, the chief inspector of constabulary must consult —

(a) the Secretary of State, and

(b) the local policing body for the police force to which the inspection relates.

Inspections by other inspectors of organisations within remit of inspectors of constabulary

3

(1) If—

(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(d) the Care Quality Commission;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by order amend sub-paragraph (2).

(4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.

(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.

(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9).

(9) The Secretary of State, if satisfied that the proposed inspection—

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Co-operation

4

The inspectors of constabulary shall co-operate with—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Care Quality Commission,

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other public authority specified by an order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary.

Joint action

5

(1) The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions.

(2) The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

(a) what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

(b) what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3) The chief inspectors within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Assistance for other public authorities

6

(1) The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

(1A) The chief inspector of constabulary may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

(2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.

Orders under this Schedule

7

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

Notes:

Short title.

Power to amend section 97

Short title.

Notes:

6ZB

(1) Before the beginning of each financial year the Common Council shall issue a plan (a “policing plan”) setting out—

(a) the Common Council's objectives (“policing objectives”) for the policing of the City of London police area, and for the discharge by the City of London Police of its national or international functions during that year; and

(b) the proposed arrangements for the policing of that area for the period of three years beginning with that year.

(2) In issuing a policing plan, the Common Council must have regard to the strategic policing requirement issued under section 37A.

(3) Before determining policing objectives, the Common Council shall—

(a) consult the Commissioner of Police for the City of London, and

(b) consider any views obtained by the Common Council in accordance with arrangements made under section 96.

(4) A draft of a policing plan required to be issued by the Common Council under this section shall be prepared by the Commissioner of Police for the City of London and submitted by him to the Common Council for it to consider.

The Common Council shall consult the Commissioner of Police for the City of London before issuing a policing plan which differs from the draft submitted by him under this subsection.

(5) The Secretary of State may by regulations make provision supplementing that made by this section.

(6) The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives.

(7) The regulations may contain provision as to—

(a) matters to be dealt with in policing plans (in addition to those mentioned in subsection (1));

(b) persons who are to be consulted, and matters that are to be considered, in preparing policing plans;

(d) persons to whom copies of policing plans are to be sent.

(8) Before making regulations under this section the Secretary of State must consult—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6ZC

(1) The Secretary of State may by order require the Common Council to issue reports concerning the discharge of the Common Council's functions.

(2) An order under this section may contain provision as to—

(a) the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued;

(b) the matters to be dealt with in reports;

(3) Before making an order under this section the Secretary of State must consult—

(a) the Common Council,

(b) the Commissioner of Police for the City of London, and

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

(5) 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.

Membership of trade unions.

Cross-border aid of one police force by another.

Short title.

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

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