Legalize / United Kingdom / Public General Act

Police Reform Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(8) The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.

(9) The relevant review body must give notification of the outcome of a review under this paragraph and of its reasons for the determination made under sub-paragraph (4)—

(a) to the appropriate authority,

(b) to the complainant,

(d) except in a case where it appears to the relevant review body that to do so might prejudice any investigation of the complaint, to the person complained against (if any).

(10) In this paragraph references to the outcome of a complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the complaint.

Power of Director General to treat conduct matter as having been referred

13A

(1) The Director General may treat a conduct matter that comes to the Director General's attention otherwise than by having been referred to the Director General under paragraph 13 as having been so referred.

(2) Where the Director General treats a conduct matter as having been referred to the Director General—

(a) paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and

(b) paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the Director General by the appropriate authority under paragraph 13.

(3) The Director General must notify the following that the Director General is treating a conduct matter as having been referred to the Director General—

(a) the appropriate authority;

(b) except in a case where it appears to the Director General that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.

Investigations by the Director General: power of seizure

19ZE

(1) The powers conferred by this paragraph are exercisable by a person—

(a) who is designated under paragraph 19(2) in relation to an investigation (the “designated person”), and

(b) who is lawfully on any premises for the purposes of the investigation.

(2) The designated person may seize anything which is on the premises if the designated person has reasonable grounds for believing—

(a) that it is evidence relating to the conduct or other matter to which the investigation relates, and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(3) The designated person may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, if the designated person has reasonable grounds for believing—

(a) that it is evidence relating to the conduct or other matter to which the investigation relates, and

(b) that it is necessary to do so in order to prevent the evidence being concealed, lost, tampered with or destroyed.

(4) The powers conferred by this paragraph do not authorise the seizure of an item which the designated person exercising the power has reasonable grounds for believing to be an item subject to legal privilege within the meaning of the 1984 Act (see section 10 of that Act).

(5) Where a designated person has the power to seize a thing or require information to be produced under this paragraph and under section 19 of the 1984 Act (by virtue of section 97(8) of the 1996 Act or paragraph 19(4)), the designated person is to be treated for all purposes as acting in exercise of the power conferred by section 19 of the 1984 Act.

(6) In this paragraph “premises” has the same meaning as in the 1984 Act (see section 23 of that Act).

Further provision about seizure under paragraph 19ZE

19ZF

(1) This paragraph applies where a designated person seizes anything under paragraph 19ZE(2).

(2) The designated person must provide a notice in relation to the thing seized if requested to do so by a person showing himself—

(a) to be the occupier of the premises on which it was seized, or

(b) to have had custody or control of it immediately before the seizure.

(3) The notice must state what has been seized and the reason for its seizure.

(4) The notice must be provided within a reasonable time from the making of the request for it.

(5) In this paragraph “designated person” has the same meaning as in paragraph 19ZE.

Investigations by the Director General: power of retention

19ZG

(1) This paragraph applies to anything which, for the purposes of an investigation in accordance with paragraph 19—

(a) has been seized under paragraph 19ZE(2) or taken away following a requirement imposed under paragraph 19ZE(3), or

(b) is otherwise lawfully in the possession of the Director General.

(2) Anything to which this paragraph applies may be retained by the Director General for as long as is necessary in all the circumstances, including (amongst other things) so that it may be used as evidence in criminal or disciplinary proceedings or in an inquest held under Part 1 of the Coroners and Justice Act 2009.

(3) For the purposes of sub-paragraph (2), the retention of anything to which this paragraph applies is not necessary if having a photograph or copy of the thing would suffice (and the Director General may arrange for the thing to be photographed or copied before it ceases to be retained).

Further provision about things retained under paragraph 19ZG

19ZH

(1) This paragraph applies to anything which—

(a) has been seized (whether under paragraph 19ZE(2) or otherwise), and

(b) is being retained by the Director General under paragraph 19ZG.

(2) If a request for permission to be granted access to a thing to which this paragraph applies is made to the Director General by—

(a) a person who had custody or control of the thing immediately before it was seized, or

(b) someone acting on behalf of such a person,

the Director General must allow the person who made the request access to it under the supervision of a member of the Office's staff.

(3) Sub-paragraph (4) applies if a request for a photograph or copy of a thing to which this paragraph applies is made to the Director General by—

(a) a person who had custody or control of the thing immediately before it was seized, or

(b) someone acting on behalf of such a person.

(4) The Director General must either—

(a) allow the person who made the request access to the thing under the supervision of a member of the Office's staff for the purpose of photographing or copying it, or

(b) arrange for the thing to be photographed or copied.

(5) If the Director General acts under sub-paragraph (4)(b), the Director General must supply the photograph or copy to the person who made the request within a reasonable time from the making of the request.

(6) The Director General is not obliged to do anything in response to a request under sub-paragraph (2) or (3) if the Director General has reasonable grounds for believing that to do so would prejudice—

(a) any investigation being carried out in accordance with this Schedule, or

(b) any criminal or disciplinary proceedings or any inquest held under Part 1 of the Coroners and Justice Act 2009.

Information for complainant about disciplinary recommendations

25A

(1) This paragraph applies where, on the review of the outcome of a complaint under paragraph 25, the Director General makes a recommendation under sub-paragraph (4C)(c) of that paragraph.

(2) Where the appropriate authority notifies the Director General under paragraph 25(4D)(a) that the recommendation has been accepted, the Director General must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21 of that fact and of the steps that have been, or are to be taken, by the appropriate authority to give effect to it.

(3) Where the appropriate authority—

(a) notifies the Director General under paragraph 25(4D)(a) that it does not (either in whole or in part) accept the recommendation, or

(b) fails to take steps to give full effect to the recommendation,

the Director General must determine what, if any, further steps to take under paragraph 27 as applied by paragraph 25(4D)(b).

(4) The Director General must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—

(a) of any determination under sub-paragraph (3) not to take further steps, and

(b) where the Director General determines under that sub-paragraph that the Director General will take further steps, of the outcome of the taking of those steps.

Recommendations by the Director General or a local policing body

28ZA

(1) A recommendation under this paragraph (for the purposes of paragraphs 6A, 23, 24 and 25) is a recommendation of a kind described in regulations made by the Secretary of State which is made with a view to remedying the dissatisfaction expressed by the complainant concerned.

(2) A recommendation of a kind described in regulations under subsection (1) may (amongst other things) be a recommendation that compensation be paid.

(3) The reference in subsection (1) to the complainant concerned—

(a) in relation to a recommendation made by virtue of paragraph 6A(5)(b) or (6)(c), is a reference to the complainant who applied under paragraph 6A(2) for the review;

(b) in relation to a recommendation made by virtue of paragraph 23(5F) or 24(6A), is a reference to the complainant whose complaint, having been investigated, resulted in the submission or completion of the report under paragraph 22;

(c) in relation to a recommendation made by virtue of paragraph 25(4C)(d) or (4E)(d), is a reference to the complainant who applied under paragraph 25(1B) for the review.

(4) The Secretary of State may by regulations make further provision about recommendations under this paragraph.

(5) The regulations may (amongst other things)—

(a) specify the persons to whom recommendations under this paragraph may be made;

(b) authorise the person making a recommendation under this paragraph (whether the Director General or a local policing body) to require a response to the recommendation;

(c) require the person making a recommendation under this paragraph to send a copy of the recommendation, and any response to it, to any prescribed person or person of a prescribed description.

SCHEDULE 3A

Designation of persons to take part in investigation

1

(1) Paragraph 19(1), (2) , (2A) and (4) to (8) of Schedule 3 (investigations under that Schedule by the Director General ...), and any order made under paragraph 19(4) of that Schedule, apply where the Director General decides to carry out an investigation under section 29D (1) as they apply where the Director General has determined to investigate, or is required to investigate, a complaint, recordable conduct matter or DSI matter under that Schedule.

(2) In the case of an investigation under section 29D(1) relating to any conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, the person designated under paragraph 19(2) of Schedule 3 (as applied by sub-paragraph (1)) must be the person nominated by the Secretary of State for that purpose.

Protection of anonymity

2

(1) The person in charge of an investigation under section 29D(1), and any other person designated for the purposes of the investigation by virtue of paragraph 1, may not disclose the identity of the whistle-blower or information that might (whether alone or with other information) tend to reveal that identity.

(2) Sub-paragraph (1) does not apply to the extent that—

(a) the whistle-blower consents to the disclosure of his or her identity or (as the case may be) to the disclosure of information that might tend to reveal it, or

(b) the disclosure is authorised by regulations made by the Secretary of State under section 29J.

(3) The person in charge of an investigation under section 29D(1) must take all reasonable steps to ensure that, where the identity of the whistle-blower, or information that might tend to reveal that identity, is disclosed for the purposes of the investigation (whether with the consent of the whistle-blower or in accordance with regulations under section 29J), it is not further disclosed without the consent of the person in charge.

(4) For the purpose of the duty under sub-paragraph (3), the person in charge may impose such requirements on persons to whom the identity of the whistle-blower, or information that might tend to reveal that identity, is disclosed as are specified in regulations made by the Secretary of State for the purpose of this paragraph.

Powers to obtain information etc

3

Paragraphs 19ZA to 19ZC of Schedule 3 apply in relation to an investigation under section 29D(1) as they apply in relation to an investigation under paragraph 19 of that Schedule.

Procedure where conduct matter is revealed during investigation

4

(1) If, during the course of an investigation under section 29D(1), the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph (2).

(2) The Director General must—

(a) prepare a record of the determination,

(b) notify the appropriate authority in relation to the person whose conduct is in question of the determination, and

(3) Where the appropriate authority in relation to the person whose conduct is in question is notified under sub-paragraph (2), it must record the matter under paragraph 11 of Schedule 3 to this Act as a conduct matter.

(4) Where a matter is, in accordance with sub-paragraph (3), recorded under paragraph 11 of Schedule 3 as a conduct matter—

(a) the person in charge of the investigation under section 29D(1) must (subject to any determination made by the Director General under paragraph 15(5B) of Schedule 3) continue the investigation as if appointed or designated to investigate the conduct matter, and

(b) the other provisions of Schedule 3 apply in relation to that matter accordingly (subject to regulations under sub-paragraph (5)).

(5) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to an investigation of a matter that, in accordance with sub-paragraph (3), is recorded under paragraph 11 of that Schedule as a conduct matter but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.

Procedure where DSI matter is revealed during investigation

5

(1) If, during the course of an investigation under section 29D(1), the Director General determines that the matter may be a DSI matter, the Director General must proceed under sub-paragraph (2).

(2) The Director General must—

(a) prepare a record of the determination,

(b) notify the appropriate authority in relation to the DSI matter, and

(3) Where the appropriate authority in relation to the DSI matter is notified under sub-paragraph (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.

(4) Where a matter is, in accordance with sub-paragraph (3), recorded under paragraph 14A of Schedule 3 as a DSI matter—

(a) the person in charge of the investigation under section 29D(1) must (subject to any determination made by the Director General under paragraph 15(5B) of Schedule 3) continue the investigation as if appointed or designated to investigate the DSI matter, and

(b) the other provisions of Schedule 3 apply in relation to that matter accordingly (subject to regulations under sub-paragraph (5)).

(5) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to an investigation that, in accordance with sub-paragraph (3), is recorded under paragraph 14A of that Schedule as a DSI matter but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.

(6) In this paragraph, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).

Conclusion of investigation

6

(1) When an investigation under section 29D(1) is concluded, the person in charge of the investigation must submit a report on it to the Director General.

(1A) Sub-paragraph (1) does not apply where the person in charge of the investigation is the Director General acting personally, but the Director General must complete a report on the investigation.

(2) The Director General—

(a) must send a copy of a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) to the whistle-blower, and

(b) may, with the consent of the whistle-blower, send a copy of the report to the appropriate authority.

(3) The Secretary of State may by regulations make provision for circumstances in which the duty under sub-paragraph (2)(a) does not apply.

(4) The power conferred by sub-paragraph (3) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.

(5) The Secretary of State may also by regulations make provision for circumstances in which (despite sub-paragraph (2)(b)) a copy of the report may be sent to the appropriate authority without the consent of the whistle-blower.

(6) The power conferred by sub-paragraph (5) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.

(7) Where the Director General would contravene section 21A by sending a copy of a report in its entirety to the whistle-blower or to the appropriate authority, the Director General may comply with its duty under sub-paragraph (2)(a) or (as the case may be) may exercise its power under sub-paragraph (2)(b) (or under regulations under sub-paragraph (5)) by sending instead a copy of the report after having removed or obscured the information which it is prohibited from disclosing by section 21A.

(8) In this paragraph—

(a) “the permitted non-disclosure purposes” has the same meaning as in section 29I;

(b) “the permitted disclosure purposes” has the same meaning as in section 29J.

Power of Director General to make recommendations

7

(1) On receipt of a report under paragraph 6(1) or on its completion by the Director General under paragraph 6(1A), the Director General may make a recommendation in relation to any matter dealt with in it.

(2) The Secretary of State may by regulations make further provision about recommendations under this paragraph.

(3) The regulations may (amongst other things)—

(a) describe the kinds of recommendations that the Director General may make under this paragraph;

(b) specify the persons to whom the recommendations may be made;

SCHEDULE 3B

Part 1 — Excluded powers and duties of constables

1

Any power or duty of a constable to make an arrest.

2

Any power or duty of a constable to stop and search an individual or a vehicle or other thing.

3

The power of a constable, under section 36(4) of the Police and Criminal Evidence Act 1984, to perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.

4

Any power that is exercisable only by a constable of a particular rank.

5

Any power of a constable under—

(a) the Terrorism Act 2000;

(b) the Terrorism Act 2006;

(d) the Terrorism Prevention and Investigation Measures Act 2011;

(e) the Counter-Terrorism and Security Act 2015.

6

Any power of a constable under the National Security Act 2023.

7

The power of a constable to make an application on behalf of the Commissioner of Police of the Metropolis under section 19 or 21 of the Investigatory Powers Act 2016 (applications for warrants under Chapter 1 of Part 2 of that Act).

Part 2 — Application of legislation

8

(1) Where a power or duty of a constable is conferred or imposed on a person designated under section 38—

(a) a reference to a constable (however expressed) in legislation relating to the power or duty includes a reference to the person designated under section 38;

(b) a reference in legislation to anything done in the exercise or purported exercise of the power, or in the performance or purported performance of the duty, includes a reference to anything done in the exercise or purported exercise of the power, or the performance or purported performance of the duty, by the person designated under section 38.

(2) The Secretary of State may by regulations make provision for legislation relating to a power or duty of a constable specified in the regulations to apply in relation to a person designated under section 38 in a way that modifies or supplements the effect of sub-paragraph (1).

(3) In this paragraph, “legislation” means any provision of—

(a) an Act;

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

SCHEDULE 3C

Introduction

1

(1) The designation of a person under section 38 as a community support officer or a community support volunteer may provide for any of paragraphs 2 to 11 to apply to the community support officer or the community support volunteer.

(2) The designation may provide for any such paragraph to apply—

(a) to its full extent, or

(b) only in cases or circumstances described in the designation.

(3) Where the designation provides for any of those paragraphs to apply—

(a) the community support officer or community support volunteer has any power or duty described in the paragraph as a power or duty of a community support officer or community support volunteer (subject to provision included in the designation under sub-paragraph (2)(b) or section 38(7A)), and

(b) any provision made by the paragraph in connection with the exercise of the power or the performance of the duty applies in relation to the exercise of the power or the performance of the duty by the community support officer or community support volunteer.

(4) In this Schedule—

“CSO” means a person designated by a chief officer of police as a community support officer under section 38;

“CSV” means a person designated by a chief officer of police as a community support volunteer under section 38;

“the relevant police area”, in relation to a CSO or CSV, means the police area for which the police force in question is maintained.

(5) Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.

Powers to issue fixed penalty notices

2

(1) A CSO or CSV has the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (fixed penalty notices in respect of litter) in relation to an individual whom the CSO or CSV has reason to believe has committed an offence under section 87 of that Act at a place within the relevant police area.

(2) A CSO or CSV has the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting) in relation to an individual whom the CSO or CSV has reason to believe has committed an offence that is a relevant offence for the purposes of section 43(1) at a place within the relevant police area.

(3) A CSO or CSV designated under section 38 by the Commissioner of Police of the Metropolis has the power of an authorised officer of a borough council to give a notice under section 15 of the London Local Authorities Act 2004 in relation to an individual whom the CSO or CSV has reason to believe has committed an offence under section 38(1) of the London Local Authorities Act 1990.

(4) A CSO or CSV designated under section 38 by the Commissioner of Police for the City of London has the power of an authorised officer of a borough council to give a notice under section 15 of the London Local Authorities Act 2004 in relation to an individual whom the CSO or CSV has reason to believe has committed an offence under section 27(1) of the City of Westminster Act 1999 (unlicensed street trading).

(5) A CSO or CSV has the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 or under section 12 of the Local Government Byelaws (Wales) Act 2012 (fixed penalty notices in relation to offences against certain byelaws) in relation to an individual whom the CSO or CSV has reason to believe has committed an offence against a listed byelaw at a place within the relevant police area.

(6) A byelaw is a “listed byelaw” for the purposes of sub-paragraph (5) if, at the time the CSO or CSV gives the notice—

(a) it is a byelaw to which section 237A of the Local Government Act 1972 or to which section 12 of the Local Government Byelaws (Wales) Act 2012 (fixed penalty notices in relation to offences against certain byelaws) applies, and

(b) the chief officer of police for the relevant police area and the authority that made the byelaw have agreed to include it in a list of byelaws kept for the purposes of sub-paragraph (5).

(7) The chief officer of police for the relevant police area must publish the list of byelaws kept for the purposes of sub-paragraph (5) in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(8) The list of byelaws kept for the purposes of sub-paragraph (5) may be amended from time to time by agreement between the chief officer of police and the authority, by adding byelaws to it or removing byelaws from it.

(9) Where the list of byelaws is amended, the amended list must be published by the chief officer as mentioned in sub-paragraph (7).

Powers to require names and addresses

3

(1) A CSO or CSV may require a person to give his or her name and address if the CSO or CSV has reason to believe that—

(a) the person has committed a relevant offence in the relevant police area, or

(b) the person has committed a relevant licensing offence (whether or not in the relevant police area).

(2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this paragraph, “relevant offence” means any of the following offences—

(a) an offence in respect of which the CSO or CSV is authorised to give a penalty notice (whether in consequence of paragraph 2 of this Schedule or in consequence of provision included in his or her designation in reliance on section 38(6B)(a));

(b) an offence under section 3 or 4 of the Vagrancy Act 1824;

(c) an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872;

(d) an offence under section 39 of the Anti-social Behaviour, Crime and Policing Act 2014;

(e) an offence under a listed byelaw;

(f) an offence the commission of which appears to the CSO or CSV to have caused—

(i) injury, alarm or distress to any other person, or

(ii) the loss of, or any damage to, any other person's property.

(4) In this paragraph, “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003—

(a) section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);

(b) section 142;

(d) section 149(1)(a), (3)(a) or (4)(a);

(e) section 150(1);

(f) section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);

(g) section 152(1) (excluding paragraph (b)).

(5) A byelaw is a “listed byelaw” for the purposes of sub-paragraph (3)(e) if, at the time the CSO or CSV requires a person to give his or her name and address—

(a) it is a byelaw which has been made by a relevant body with authority to make byelaws for any place within the relevant police area, and

(b) it is included in the list of byelaws published for the purposes of this paragraph by the chief officer of police for the relevant police area.

(6) A byelaw may be included in the list of byelaws published for the purposes of this paragraph only if the chief officer of police and the relevant body which made the byelaw agree that it should be included.

(7) The chief officer of police for the relevant police area must publish the list in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(8) The list of byelaws published for the purposes of this paragraph may be amended from time to time by agreement between the chief officer of police and the relevant body, by adding byelaws to it or removing byelaws from it.

(9) Where the list of byelaws is amended, the amended list must be published by the chief officer as mentioned in sub-paragraph (8).

(10) In sub-paragraphs (5), (6) and (8), “relevant body” means—

(a) in England, a county council, a district council, a London borough council or a parish council;

(b) in Wales, a county council, a county borough council or a community council;

(d) Transport for London;

(e) an Integrated Transport Authority for an integrated transport area in England;

(f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(g) a body specified in regulations made by the Secretary of State.

(11) Regulations under sub-paragraph (10)(g) may provide, in relation to any body specified in the regulations, that the agreement mentioned in sub-paragraph (6) or (8) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body).

(12) In the case of a relevant offence that is an offence under a listed byelaw (see sub-paragraphs (3)(e) and (5)), the power to impose a requirement under sub-paragraph (1) is exercisable only in a place to which the byelaw relates.

(13) In its application in relation to an offence in respect of which the CSO or CSV is authorised to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil), sub-paragraph (1)(a) of this paragraph has effect as if the words “in the relevant police area” were omitted.

(14) In this paragraph, “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.

Powers to search for and seize alcohol and tobacco

4

(1) A CSO or CSV may search a person for alcohol or a container for alcohol if—

(a) the CSO or CSV has (in consequence of provision included in his or her designation in reliance on section 38(6B)(a)) imposed a requirement on a person to surrender alcohol or a container for alcohol under section 63(2) of the Anti-social Behaviour, Crime and Policing Act 2014 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997,

(b) the person has failed to comply with the requirement, and

(2) A CSO or CSV may search a person for tobacco or cigarette papers where—

(a) the CSO or CSV has (in consequence of provision included in his or her designation in reliance on section 38(6B)(a)) sought to seize the tobacco or cigarette papers under section 7(3) of the Children and Young Persons Act 1933 (seizure of tobacco from young persons),

(b) the person from whom the CSO or CSV sought to seize the item has failed to surrender it, and

(3) The power to search under sub-paragraph (1) or (2)—

(a) is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO or CSV is searching for, and

(b) does not authorise the CSO or CSV to require a person to remove any of his or her clothing in public other than an outer coat, jacket or gloves.

(4) A person who without reasonable excuse fails to consent to being searched in the exercise of a power under this paragraph is guilty of an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) A CSO or CSV who proposes to exercise a power to search a person under sub-paragraph (1) or (2) must inform him or her that failing without reasonable excuse to consent to being searched is an offence.

(6) If the person in question fails to consent to being searched, the CSO or CSV may require him or her to give the CSO or CSV his or her name and address.

(7) If on searching the person the CSO or CSV discovers what he or she is searching for, the CSO or CSV may seize it and dispose of it.

Powers to seize and detain: controlled drugs

5

(1) A CSO or CSV may exercise the powers conferred by sub-paragraph (2) or (3) in the relevant police area.

(2) If the CSO or CSV—

(a) finds a controlled drug in a person's possession (whether or not the CSO or CSV finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and

(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO or CSV may seize it and retain it.

(3) If the CSO or CSV—

(a) either—

(i) finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)(a)), or

(ii) reasonably believes that a person is in possession of a controlled drug, and

(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO or CSV may require the person to give the CSO or CSV his or her name and address.

(4) If, in exercise of the power conferred by sub-paragraph (2), the CSO or CSV seizes and retains a controlled drug, the CSO or CSV must—

(a) if the person from whom it was seized maintains that he or she was lawfully in possession of it, tell the person where inquiries about its recovery may be made, and

(b) comply with a constable's instructions about what to do with it.

(5) A person who fails to comply with a requirement imposed under sub-paragraph (3) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

Powers to seize and detain: psychoactive substances

6

(1) A CSO or CSV may exercise the powers conferred by sub-paragraph (2) or (3) in the relevant police area.

(2) If the CSO or CSV—

(a) finds a psychoactive substance in a person's possession (whether or not the CSO or CSV finds it in the course of searching the person in the exercise of a power or duty conferred or imposed by his or her designation under section 38), and

(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO or CSV may seize it and retain it.

(3) If the CSO or CSV—

(a) either—

(i) finds a psychoactive substance in a person's possession (as mentioned in sub-paragraph (2)(a)), or

(ii) reasonably believes that a person is in possession of a psychoactive substance, and

(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO or CSV may require the person to give the CSO or CSV his or her name and address.

(4) If, in exercise of the power conferred by sub-paragraph (2), the CSO or CSV seizes and retains a psychoactive substance, the CSO or CSV must—

(a) if the person from whom it was seized maintains that he or she was lawfully in possession of it—

(i) tell the person where inquiries about its recovery may be made, and

(ii) explain the effect of sections 49 to 51 and 53 of the Psychoactive Substances Act 2016 (retention and disposal of items), and

(b) comply with a constable's instructions about what to do with it.

(5) Any substance seized in exercise of the power conferred by sub-paragraph (2) is to be treated for the purposes of sections 49 to 53 of the Psychoactive Substances Act 2016 as if it had been seized by a police or customs officer under section 36 of that Act.

Section 50 of that Act applies in relation to any such substance as if the reference in subsection (1)(b) to the police or customs officer who seized it were a reference to the CSO or CSV who seized it.

(6) A person who fails to comply with a requirement imposed under sub-paragraph (3) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) In this paragraph, “police or customs officer” and “psychoactive substance” have the same meaning as in the Psychoactive Substances Act 2016.

Powers to detain pending arrival of a constable etc

7

(1) A CSO or CSV may require a person to wait with the CSO or CSV, for a period not exceeding 30 minutes, for the arrival of a constable where—

(a) the CSO or CSV has required the person to give his or her name and address (whether in consequence of paragraph 3, 4(6), 5(3) or 6(3) or in consequence of provision included in his or her designation in reliance on section 38(6B)(a)), and

(b) either—

(i) the person has failed to comply with the requirement, or

(ii) the CSO or CSV has reasonable grounds for suspecting that the person has given a name or address that is false or inaccurate.

(2) Sub-paragraph (1) does not apply if the requirement to give a name and address was imposed in connection with a relevant licensing offence mentioned in paragraph 3(4)(a), (c) or (f) which the CSO or CSV believes to have been committed on licensed premises (within the meaning of the Licensing Act 2003).

(3) A CSO or CSV may require a person to wait with the CSO or CSV, for a period not exceeding 30 minutes, for the arrival of a constable where—

(a) the CSO or CSV has reason to believe that the person is committing an offence under section 3 or 4 of the Vagrancy Act 1824,

(b) the CSO or CSV requires the person to stop doing whatever gives rise to that belief, and

(4) A person who has been required under sub-paragraph (1) or (3) to wait with a CSO or CSV may, if requested to do so, elect that (instead of waiting) he or she will accompany the CSO or CSV to a police station in the relevant police area.

(5) Where the person does not elect to accompany the CSO or CSV to the police station, and the constable arrives within the period of 30 minutes, the CSO or CSV is under a duty to remain with the person and the constable until the CSO or CSV has transferred control of the person to the constable.

(6) Where the person does elect to accompany the CSO or CSV to the police station—

(a) the CSO or CSV is under a duty to remain at the police station until the CSO or CSV has transferred control of the person to the custody officer there,

(b) until control is transferred, the CSO or CSV is treated for all purposes as having the person in his or her lawful custody, and

(c) for so long as the CSO or CSV remains at the police station or in its immediate vicinity (whether before control of the person is transferred or afterwards), the CSO or CSV is under a duty to prevent the person's escape and to assist in keeping the person under control.

(7) A person who—

(a) makes off while subject to a requirement under sub-paragraph (1) or (3), or

(b) makes off while accompanying a CSO or CSV to a police station in accordance with an election under sub-paragraph (4),

is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Powers to search etc individuals detained under paragraph 7

8

(1) A CSO or CSV may exercise the powers set out in sub-paragraphs (2) and (3) in relation to a person whom the CSO or CSV has required to wait for the arrival of a constable under paragraph 7(1) or (3) (whether or not that person makes an election under paragraph 7(4)).

(2) If the CSO or CSV has reasonable grounds for believing that the person may present a danger to himself or herself or to others, the CSO or CSV may search the person.

(3) If the CSO or CSV has reasonable grounds for believing that the person may have concealed on him or her anything which might be used to assist in escaping from lawful custody, the CSO or CSV may search the person for that thing.

(4) The power conferred by sub-paragraph (2) or (3)—

(a) does not authorise a CSO or CSV to require a person to remove any of his or her clothing in public other than an outer coat, jacket or gloves;

(b) does authorise a search of a person's mouth.

(5) A CSO or CSV searching a person under sub-paragraph (2) may seize and retain anything that is found, if the CSO or CSV has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to any other person.

(6) A CSO or CSV searching a person under sub-paragraph (3) may seize and retain anything that is found, other than an item subject to legal privilege, if the CSO or CSV has reasonable grounds for believing that the person might use it to assist in escaping from lawful custody.

(7) If a CSO or CSV seizes or retains anything under sub-paragraph (5) or (6), the CSO or CSV must—

(a) tell the person from whom it was seized where inquiries about its recovery may be made, and

(b) comply with a constable's instructions about what to do with it.

Persons detained under paragraph 7: park trading offences

9

(1) If a CSO or CSV reasonably suspects that a person required to wait for the arrival of a constable under paragraph 7(1) has committed a park trading offence, the CSO or CSV may take possession of anything of a non-perishable nature which—

(a) the person has in his or her possession or under his control, and

(b) the CSO or CSV reasonably believes to have been used in the commission of the offence.

(2) The CSO or CSV may retain possession of the thing in question for a period not exceeding 30 minutes unless the person makes an election under paragraph 7(4), in which case the CSO or CSV may retain possession of the thing in question until he or she is able to transfer control of it to a constable.

(3) In this paragraph “park trading offence” means an offence committed in a specified park which is a park trading offence for the purposes of the Royal Parks (Trading) Act 2000.

(4) In sub-paragraph (3), “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.

Road traffic

10

A CSO or CSV has in the relevant police area the powers conferred on persons designated by regulations under section 99 of the Road Traffic Regulation Act 1984 (removal of abandoned vehicles).

Power to use reasonable force

11

A CSO or CSV has power to use reasonable force—

(a) to prevent a person whom the CSO or CSV has required under paragraph 7(1) or (3) to wait for a constable from making off, or to keep the person under control, at any time while the person is subject to the requirement;

(b) where such a person elects under paragraph 7(4) to accompany a CSO or CSV to a police station, to prevent the person from making off, or to keep the person under control, while the person is accompanying the CSO or CSV to the police station;

(c) where a CSO or CSV is fulfilling a duty imposed under paragraph 7(5) or (6), to prevent the person from making off (or escaping) and to keep him or her under control;

(d) where a CSO or CSV is exercising a power conferred by paragraph 8.

7E

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

7F

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

3A

The power of a constable, under section 55(6) of the Police and Criminal Evidence Act 1984, to conduct an intimate search if an officer of at least the rank of inspector considers under section 55(5) of that Act that an intimate search by a suitably qualified person is not practicable.

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

Retention etc. of vehicles seized under section 59

Ministry of Defence police serving with other forces

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

Food crime officers

26E

(1) The Secretary of State may make regulations conferring functions on the Director General in relation to officers of the Food Standards Agency (the “Agency”) acting in the exercise of functions conferred on them by virtue of—

(a) section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(b) section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).

(2) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b) make provision for payment by the Agency to, or in respect of, the Office or in respect of the Director General.

(3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a) the Director General has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4) An officer of the Agency may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of an Agency complaints function.

(5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(6) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under subsection (4) or (5);

(b) provision about the further disclosure of information that has been so disclosed.

(7) A disclosure of information authorised by this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(8) But this section does not authorise a disclosure of information that—

(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9) In this section—

“Agency complaints function” means a function in relation to the exercise of functions by officers of the Agency;

“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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

26F

(1) The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part.

(2) Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.

(3) An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.

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

(a) the Director General; and

(b) the ICRIR.

(5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6) An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers.

(7) Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer.

(8) In this section—

“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

26G

(1) The Minister for the Cabinet Office (“the Minister”) may make regulations conferring functions on the Director General in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).

(2) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b) make provision for payment by the Minister to, or in respect of, the Office or in respect of the Director General.

(3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a) the Director General has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4) The Minister may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of a public sector fraud complaints function.

(5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(6) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under subsection (4) or (5);

(b) provision about the further disclosure of information that has been so disclosed.

(7) A disclosure of information authorised by or under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(8) No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9) In this section—

“public sector fraud complaints function” means a function in relation to the exercise of functions conferred by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025;

“public sector fraud investigator” means an authorised investigator within the meaning given by section 7 of that Act.

26H

(1) The Secretary of State may make regulations conferring functions on the Director General in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).

(2) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b) make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.

(3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a) the Director General has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4) The Secretary of State may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise, by the Director General or by any person acting on the Director General’s behalf, of a DWP complaints function.

(5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(6) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under subsection (4) or (5);

(b) provision about the further disclosure of information that has been so disclosed.

(7) A disclosure of information authorised by or under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(8) No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(9) In this section—

“DWP complaints function” means a function in relation to the exercise of functions conferred by section 109D of the Social Security Administration Act 1992;

“DWP investigator” means an authorised investigator within the meaning given by section 109D of that Act.

26CA

(1) The Secretary of State may make regulations conferring functions on the Director General in relation to enforcement officers acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984.

(2) In this section “enforcement officer” means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025.

(3) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b) make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.

(4) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a) the Director General has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5) The Secretary of State or an enforcement officer may disclose information to the Director General, or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General, or by any person acting on the Director General’s behalf, of a relevant complaints function.

(6) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(7) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under subsection (5) or (6);

(b) provision about the further disclosure of information that has been so disclosed.

(8) A disclosure of information authorised by this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(9) But this section does not authorise a disclosure of information that—

(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(10) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“relevant complaints function” means a function in relation to the exercise of functions by enforcement officers.

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