Police Reform Act 2002

(6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of a police force as if— (a) any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor an employee of the police authority were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and (b) subsection (4) applied, in the case of the police authority maintaining that force, to every member of that team to whom it would not apply apart from this subsection. (7) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (5) In section 29 of the Police (Northern Ireland) Act 1998 (c. 32) (liability for wrongful acts of constables), after subsection (5) there shall be inserted—

(6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of the Police Service of Northern Ireland as if any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither— (a) a constable, nor (b) an employee of the Board, were unlawful conduct of a constable under the direction and control of the Chief Constable. (7) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Where—

• (a) any sums are paid by virtue of this section out of a police fund . . . or by the Chief Constable of the Police Service of Northern Ireland, and

• (b) in pursuance of any international obligation, the Secretary of State receives any sum by way of reimbursement, in whole or in part, of the sums paid out of that fund or by that Chief Constable,

the Secretary of State shall pay into that fund or (as the case may be) to that Chief Constable the sums received by him by way of reimbursement.

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

Assaults on members of teams

104

• (1) In section 89 of the 1996 Act (assaults on constables), after subsection (3) there shall be inserted—

(4) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who— (a) is a member of an international joint investigation team that is led by a member of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and (b) is carrying out his functions as a member of that team. (5) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults on constables), after subsection (3) there shall be inserted—

(4) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who— (a) is a member of an international joint investigation team that is led by a constable of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and (b) is carrying out his functions as a member of that team. (5) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers. (6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) In section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables), after subsection (4) there shall be inserted—

(5) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who— (a) is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and (b) is carrying out his functions as a member of that team. (6) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (7) A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 7 — Supplemental

Powers of Secretary of State to make orders and regulations

105

• (1) Every power conferred by this Act on the Secretary of State to make orders or regulations shall be exercisable by statutory instrument.

• (2) A statutory instrument containing an order or regulations made in exercise of any such power, other than an order to which subsection (3) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) This subsection applies to—

• (a) any order under section 9(7) or 108; and

• (b) any order or regulations that are required to be approved in draft by virtue of section 19(3), 38(9C), ... or 41B ... ... or paragraph 9A(2) of Schedule 5.

• (4) Every power of the Secretary of State to make an order or regulations under this Act, other than an order under section 9(7) or 108, shall include power—

• (a) to make different provision for different cases;

• (b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

• (c) to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

• (5) Every power of the Secretary of State to make provision by regulations under Part 2 or 2B shall include power to make provision for any of the matters that may be provided for to be determined, in accordance with the regulations, by the Director General of the Independent Office for Police Conduct.

• (6) In this section, references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G (power to make regulations about public sector fraud investigators).

General interpretation

106

In this Act—

• “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60);

• “the 1996 Act” means the Police Act 1996 (c. 16);

• “the 1997 Act” means the Police Act 1997 (c. 50);

• ...

• “the British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);

• “modifications” includes omissions, alterations and additions, and cognate expressions shall be construed accordingly.

Consequential amendments and repeals

107

• (1) Schedule 7 (which makes minor and consequential amendments) shall have effect.

• (2) The enactments specified in Schedule 8 (which include provisions that are spent or have ceased to be of any practical utility) are hereby repealed to the extent specified in the second column of that Schedule.

Short title, commencement and extent

108

• (1) This Act may be cited as the Police Reform Act 2002.

• (2) This Act, except—

• (a) the provisions specified in subsection (3) (which come into force on the day on which this Act is passed), and

• (b) the provisions to which subsections (4) and (5) apply,

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes or different areas.

• (3) The provisions coming into force on the day on which this Act is passed are—

• (a) section 100, the entries in Schedule 8 relating to the Housing Act 1985 (c. 68), the Housing Act 1988 (c. 50), paragraphs 51 and 59 of Schedule 27 to the Greater London Authority Act 1999 (c. 29) and paragraph 74 of Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16) and section 107(2) (so far as relating to those entries); and

• (b) sections 105 and 106 and this section.

• (4) The provisions of sections 97 and 98, so far as they relate to local government areas in Wales, shall come into force on such day as the National Assembly for Wales may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes or different areas.

• (5) Sections 70 and 71, and sections 102 to 104 so far as they amend the Police (Scotland) Act 1967 (c. 77), shall come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed under this subsection for different purposes or different areas.

• (6) Subject to subsections (7) to (9), this Act extends to England and Wales only.

• (7) This Act extends to the United Kingdom so far as it makes the following provision—

• (za) the provision contained in paragraph 19F of Schedule 3 (and any interpretative or other supplementary provision as it has effect for the purposes of that provision);

• (a) the provision contained in Part 5;

• (b) the provision contained in section 82;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the provision contained in section 103(6);

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

• (8) Section 96 also extends to Northern Ireland.

• (9) Subject to subsection (10), this Act, so far as it amends or repeals any enactment (other than one that extends to England and Wales only), has the same extent as the enactment amended or repealed.

• (10) The amendments and repeals made by this Act—

• (a) in section 96 of the Road Traffic Regulation Act 1984 (c. 27) (traffic wardens),

• (b) in sections 103 and 183 of the Road Traffic Act 1988 (c. 52) (driving while disqualified), and

• (c) Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties),

do not extend to Scotland.

SCHEDULE 1

Introductory

1

The 1997 Act shall be amended as follows.

Codes of Practice for Directors General

2

• (1) After section 28 (codes of practice for the NCIS Service Authority) there shall be inserted—

(28A) (1) The Secretary of State may issue codes of practice relating to the discharge by the Director General of NCIS of any of his functions. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section. (3) Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement. (4) Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority (“the CPTDA”) shall consult with— (a) the NCIS Service Authority; (b) the Director General of NCIS; (c) persons whom the CPTDA considers to represent the interests of police authorities; (d) persons whom the CPTDA considers to represent the interests of chief officers of police; and (e) such other persons as the CPTDA thinks fit. (5) Before issuing or revising a code of practice under this section the Secretary of State shall consult the Scottish Ministers. (6) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament. (7) The Secretary of State shall not be required by subsection (6) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion— (a) would be against the interests of national security; (b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or (c) could jeopardise the safety of any person. (8) In discharging any function to which a code of practice under this section relates, the Director General of NCIS shall have regard to the code.

• (2) After section 73 (codes of practice for the NCS Service Authority) there shall be inserted—

(73A) (1) The Secretary of State may issue codes of practice relating to the discharge by the Director General of the National Crime Squad of any of his functions. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section. (3) Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement. (4) Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority (“the CPTDA”) shall consult with— (a) the NCS Service Authority; (b) the Director General of the National Crime Squad; (c) persons whom the CPTDA considers to represent the interests of police authorities; (d) persons whom the CPTDA considers to represent the interests of chief officers of police; and (e) such other persons as the CPTDA thinks fit. (5) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament. (6) The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion— (a) would be against the interests of national security; (b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or (c) could jeopardise the safety of any person. (7) In discharging any function to which a code of practice under this section relates, the Director General of the National Crime Squad shall have regard to the code.

Directions to Service Authorities

3

• (1) For section 30 (power to give directions in response to a report on NCIS carried out in accordance with that section) there shall be substituted—

(30) (1) Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32) states— (a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Secretary of State may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction. (2) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or (b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a). (3) Where a report made to the Scottish Ministers on an inspection under section 33 of the Police (Scotland) Act 1967 (c. 77) states— (a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Scottish Ministers may, after consultation with the Secretary of State, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction. (4) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (3)(a) or (b); or (b) a matter that the Scottish Ministers consider relevant to any matter falling within paragraph (a). (5) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; and (b) he shall lay that report before Parliament. (6) If the Scottish Ministers exercise their power to give a direction under this section— (a) they shall prepare a report on their exercise of that power; and (b) they shall lay that report before the Scottish Parliament. (7) A report under subsection (5) or (6)— (a) shall be prepared at such time as the Secretary of State considers or, as the case may be, the Scottish Ministers consider appropriate; and (b) may relate to more than one exercise of the power to give a direction under this section.

• (2) For section 75 (power to give directions in response to a report on NCS on an inspection carried out in accordance with that section) there shall be substituted—

(75) (1) Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states— (a) that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Secretary of State may direct the NCS Service Authority to take such remedial measures as may be specified in the direction. (2) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or (b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a). (3) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; and (b) he shall lay that report before Parliament. (4) A report under subsection (3)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power to give a direction under this section.

Directions as to action plans

4

• (1) After section 31 there shall be inserted—

(31A) (1) This section applies where an inspection report made to the Secretary of State states — (a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective; or (b) that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken. (2) If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to submit an action plan to him. (3) An action plan is a plan setting out the remedial measures which the NCIS Service Authority proposes to take in relation to the matters in respect of which the direction is given. (4) If the NCIS Service Authority is directed to submit an action plan, that authority shall direct the Director General of NCIS to prepare a draft of it and to submit it to the NCIS Service Authority for that authority to consider. (5) The NCIS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications. (6) If the NCIS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of NCIS. (7) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCIS Service Authority and the Director General of NCIS of that opinion and of his reasons for it. (8) In forming an opinion for the purposes of subsection (7), the Secretary of State must consult with the Scottish Ministers. (9) If the NCIS Service Authority is notified under subsection (7) — (a) it shall consider, after consultation with the Director General of NCIS about the matters notified, whether to revise the action plan in the light of those matters; and (b) if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State. (10) On giving a direction under this section to the NCIS Service Authority, the Secretary of State shall notify the Director General of NCIS that he has given that direction. (11) The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction. (12) The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes— (a) provision setting out the steps that the NCIS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met; (b) provision setting out that Authority’s proposals as to the times within which those steps are to be taken and those targets to be met and the means by which the success of the plan’s implementation is to be measured; (c) provision for the making of progress reports to the Secretary of State about the implementation of the action plan; (d) provision as to the times at which, and the manner in which, any progress report is to be made; and (e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State. (13) Nothing in this section shall authorise the Secretary of State or the NCIS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified. (14) In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly. (15) The NCIS Service Authority shall comply with any direction given to it under this section. (16) The Director General of NCIS shall comply with any direction given to him under this section. (17) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; (b) he shall lay a copy of that report before Parliament; and (c) he shall send a copy of that report to the Scottish Ministers. (18) The Scottish Ministers shall lay any copy of a report sent to them under subsection (17) before the Scottish Parliament. (19) A report under subsection (17)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power mentioned in that subsection. (20) In this section “an inspection report” means a report under section 54 of the Police Act 1996 (c. 16), section 33 of the Police (Scotland) Act 1967 (c. 77) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32). (21) Nothing in this section or in section 30 prevents the Secretary of State in the case of the same inspection report from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under that section.

• (2) After section 76 there shall be inserted—

(76A) (1) This section applies where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states— (a) that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective; or (b) that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken. (2) If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may direct the NCS Service Authority to submit an action plan to him. (3) An action plan is a plan setting out the remedial measures which the NCS Service Authority proposes to take in relation to the matters in respect of which the direction is given. (4) If the NCS Service Authority is directed to submit an action plan, that authority shall direct the Director General of the National Crime Squad to prepare a draft of it and to submit it to the NCS Service Authority for that authority to consider. (5) The NCS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications. (6) If the NCS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of the National Crime Squad. (7) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may , if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCS Service Authority and the Director General of the National Crime Squad of that opinion and of his reasons for it. (8) If the NCS Service Authority is notified under subsection (7) — (a) it shall consider, after consultation with the Director General of the National Crime Squad about the matters notified, whether to revise the action plan in the light of those matters; and (b) if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State. (9) On giving a direction under this section to the NCS Service Authority, the Secretary of State shall notify the Director General of the National Crime Squad that he has given that direction. (10) The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction. (11) The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes— (a) provision setting out the steps that the NCS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met; (b) provision setting out that Authority’s proposals as to the times within which those steps are to be taken and those targets to be met and the means by which the success of the plan’s implementation is to be measured; (c) provision for the making of progress reports to the Secretary of State about the implementation of the action plan; (d) provision as to the times at which, and the manner in which, any progress report is to be made; and (e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State. (12) Nothing in this section shall authorise the Secretary of State or the NCS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified. (13) In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly. (14) The NCS Service Authority shall comply with any direction given to it under this section. (15) The Director General of the National Crime Squad shall comply with any direction given to him under this section. (16) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; and (b) he shall lay that report before Parliament. (17) A report under subsection (16)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power mentioned in that subsection. (18) Nothing in this section or in section 75 prevents the Secretary of State in the case of the same report under section 54 of the Police Act 1996 (c. 16) from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 75.

Procedure for giving directions

5

• (1) After section 31A (which is inserted by paragraph 4(1)) there shall be inserted—

(31B) (1) The Secretary of State shall not give a direction under section 30 or 31A unless— (a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds; (c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 30 or 31A. (3) Before making any regulations under this section, the Secretary of State shall consult with— (a) the Scottish Ministers; (b) the NCIS Service Authority; (c) the Director General of NCIS; (d) persons whom he considers to represent the interests of police authorities in England and Wales; (e) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales; and (f) such other persons as he thinks fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. (31C) (1) The Scottish Ministers shall not give a direction under section 30 unless— (a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers’ grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds; (c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Scottish Ministers have considered any such representations and any such proposals. (2) The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30. (3) Before making any regulations under this section, the Scottish Ministers shall consult with— (a) the Secretary of State; (b) the NCIS Service Authority; (c) the Director General of NCIS; (d) persons whom they consider to represent the interests of police authorities in Scotland; (e) persons whom they consider to represent the interests of chief constables of police forces in Scotland; and (f) such other persons as they think fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.

• (2) In section 45 (orders and regulations under Part 1), after “Part” there shall be inserted “ or of the Scottish Ministers to make regulations under this Part ”.

• (3) After section 76A (which is inserted by paragraph 4(2)), there shall be inserted—

(76B) (1) The Secretary of State shall not give a direction under section 75 or 76A unless— (a) the NCS Service Authority and the Director General of the National Crime Squad have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) the NCS Service Authority and the Director General of the National Crime Squad have each been given an opportunity of making representations about those grounds; (c) the NCS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 75 or 76A. (3) Before making any regulations under this section, the Secretary of State shall consult with— (a) the NCS Service Authority; (b) the Director General of the National Crime Squad; (c) persons whom he considers to represent the interests of police authorities; (d) persons whom he considers to represent the interests of chief officers of police; and (e) such other persons as he thinks fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

National Crime Squad equipment

6

• (1) Section 80 shall become subsection (1) of that section, and in that section, after that subsection, there shall be inserted—

(2) The Secretary of State may by regulations make any or all of the following provisions— (a) provision requiring the National Crime Squad when using equipment for the purposes specified in the regulations to use only— (i) the equipment which is specified in the regulations; (ii) equipment which is of a description so specified; or (iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations; (b) provision requiring the National Crime Squad to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations; (c) provision prohibiting the National Crime Squad from using equipment of a type approved as mentioned in paragraph (a)(iii) except— (i) where the conditions subject to which the approval was given are satisfied; and (ii) in accordance with the other terms of that approval; (d) provision requiring equipment used the National Crime Squad to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations; (e) provision prohibiting the National Crime Squad from using equipment specified in the regulations, or any equipment of a description so specified. (3) Before making regulations under this section, the Secretary of State shall consult with— (a) the Service Authority for the National Crime Squad; (b) the Director General of that Squad; (c) persons whom the Secretary of State considers to represent the interests of police authorities; (d) persons whom the Secretary of State considers to represent the interests of chief officers of police; and (e) such other persons as the Secretary of State thinks fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section “equipment” includes— (a) vehicles; and (b) headgear and protective and other clothing.

Procedures and practices of the National Crime Squad

7

After section 80 there shall be inserted—

(80A) (1) The Secretary of State may by regulations make provision requiring the National Crime Squad— (a) to adopt particular procedures or practices; or (b) to adopt procedures or practices of a particular description. (2) Before making any regulations under this section, the Secretary of State shall seek advice from— (a) the chief inspector of constabulary; and (b) the Central Police Training and Development Authority. (3) Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with— (a) persons whom he considers to represent the interests of police authorities; and (b) persons whom he considers to represent the interests of chief officers of police. (4) A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it. (5) Before giving any advice in response to a request for the purposes of subsection (2), the Central Police Training and Development Authority (“the CPTDA”) shall consult with— (a) the NCS Service Authority; (b) the Director General of the National Crime Squad; (c) persons whom the CPTDA considers to represent the interests of police authorities; (d) persons whom the CPTDA considers to represent the interests of chief officers of police; and (e) such other persons as the CPTDA thinks fit. (6) The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless— (a) he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice; and (b) the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and (c) the Secretary of State himself is satisfied as to those matters. (7) Those matters are— (a) that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of the National Crime Squad and of any one or more police forces of joint or co-ordinated operations; (b) that the making of regulations is necessary for securing the adoption of that procedure or practice; and (c) that securing the adoption of that procedure or practice is in the national interest. (8) Regulations under this section may make different provision for different cases and circumstances. (9) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 2

Chairman

1

• (1) The Director General holds office in accordance with the terms of his or her appointment.

• (1A) A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).

• (2) A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as Director General; and an appointment made in contravention of this sub-paragraph shall have no effect.

• (3) The appointment of the Director General shall be for a term not exceeding five years; but the Director General shall be eligible for re-appointment at the end of his term of office.

• (4) The Director General may be removed from office by Her Majesty either—

• (a) at his own request; or

• (b) on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the Director General.

• (5) The following are grounds for removing the Director General from office—

• (a) that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;

• (b) that he has become a person falling within one or more paragraphs of section 9(3);

• (c) that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;

• (d) that he is a person who—

• (i) has had a bankruptcy order made against him;

• (ii) has had his estate sequestrated; or

• (iii) has made a composition or arrangement with, or granted a trust deed for, his creditors;

• (e) that he is subject to—

• (i) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 1989/2404 (N.I. 18)); or

• (ii) an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);

• (f) that he has acted improperly in relation to his duties; or

• (g) that he is otherwise unable or unfit to perform his duties.

• (6) For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

Ordinary members of the Commission

2

• (1) Subject to the provisions of this Schedule, a person shall hold office as a non-executive member in accordance with the terms of his appointment.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he is sentenced, be appointed as a non-executive member; and an appointment made in contravention of this sub-paragraph shall have no effect.

• (4) A person shall not be appointed to be a non-executive member for a term of more than three years; but a non-executive member shall be eligible for re-appointment at the end of his term of office.

• (5) A non-executive member may at any time resign from being a non-executive member of the Office by notice in writing to the Secretary of State.

• (6) The Secretary of State may at any time remove a person from office as a non-executive member if he is satisfied that that person—

• (a) has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months beginning not earlier than six months before that time;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) has, since his appointment, been sentenced to imprisonment for a term of three months or more;

• (d) is a person who—

• (i) has had a bankruptcy order made against him;

• (ii) has had his estate sequestrated; or

• (iii) has made a composition or arrangement with, or granted a trust deed for, his creditors;

• (e) is subject to—

• (i) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002(S.I. 1989/2404 (N.I. 18)); or

• (ii) an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);

• (f) has acted improperly in relation to his duties; or

• (g) is otherwise unable or unfit to perform his duties.

• (7) For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputy Chairmen

3

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

Remuneration, pensions etc. of members

4

• (1) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the Director General as the Secretary of State may determine.

• (2) Where—

• (a) a person ceases, otherwise than on the expiry of his term of office, to hold office as Director General, and

• (b) it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation,

the Secretary of State may direct the Office to make a payment to that person of such amount as the Secretary of State may determine.

• (3) The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office.

• (4) Remuneration arrangements under sub-paragraph (3)—

• (a) may make provision for a salary, allowances and other benefits but not for a pension, and

• (b) may include a formula or other mechanism for adjusting one or more of those elements from time to time.

• (5) Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.

The Chief Executive

5

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

Staff

6

• (1) The Office may appoint staff.

• (2) The Office may make arrangements with—

• (a) the chief officer of police of any police force maintained for a police area in England and Wales,

• (b) the chief constable of the Police Service of Scotland, or

• (c) the Chief Constable of the Police Service of Northern Ireland,

under which members of his force are engaged on temporary service with the Office.

• (3) The Office may make such other arrangements for its staffing (including arrangements in relation to terms and conditions and management of staff) as the Director General thinks fit.

• (4) A member of a police force on temporary service with the Office shall be under the direction and control of the Director General.

• (4A) The powers under this paragraph are exercisable only by the Director General acting on behalf of the Office (subject to the power under paragraph 6A(1)).

• (5) The approval of the Secretary of State as to numbers and as to the terms and conditions of staff shall be required for the exercise of the powers under this paragraph.

Superannuation and insurance

7

• (1) Where a person who—

• (a) is employed by the Office, and

• (b) is by reference to that employment a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11),

is appointed as the Director General..., the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Office; and his rights under the scheme shall not be affected by anything done under paragraph 4.

• (2) The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the Office.

Liability for acts of seconded staff

8

• (1) The Office shall be liable in respect of unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the Office's staff in the like manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.

• (2) Accordingly, the Office shall be treated in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.

• (3) In this paragraph “seconded constables” means persons serving as members of the Office's staff without being employed by it.

Power of Commission to set up regional offices

9

• (1) The Office may set up regional offices in places in England and Wales.

• (2) But the power under sub-paragraph (1) is exercisable only by the Director General acting on behalf of the Office (subject to the power in paragraph 6A(1)).

• (3) The power under sub-paragraph (1) may be exercised—

• (a) only with the consent of the Secretary of State, and

• (b) only if it appears to the Director General necessary to do so for the purpose of ensuring that the functions of the Director General, or those of the Office, are carried out efficiently and effectively.

Proceedings

10

• (1) The arrangements for the proceedings of the Office (including the quorum for meetings and the establishment of committees) shall be such as the Office may determine.

• (1A) But the arrangements must include provision for—

• (a) the quorum for meetings to be met only if a majority of members present are non-executive members of the Office, and

• (b) an audit committee of the Office to be established to perform such monitoring, reviewing and other functions as are appropriate.

• (1B) The arrangements must secure that the audit committee consists only of non-executive members of the Office.

• (2) The arrangements may include provision for the committees established under the arrangements to include members of the Office's staff and other persons who are not members of the Office.

• (3) The arrangements may include provision for persons selected by the Office to attend meetings of the Office or of any committee established by it.

• (4) The Office may—

• (a) pay such remuneration and allowances as it may determine to members of committees established by it who are neither members of the Office nor members of its staff; and

• (b) make such payments for the reimbursement of expenses incurred by persons attending meetings in accordance with arrangements made by virtue of sub-paragraph (3) as it may determine.

• (5) The arrangements may provide for the carrying out, under the general direction of the Office, of any of the Office's functions—

• (a) by a committee established by the Office;

• (b) by one or more of the members of the Office; or

• (c) ... by one or more members of the Office's staff.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

The validity of any proceedings of the Office or of any of its committees shall not be affected by—

• (a) any defect in the appointment of the Director General or any member of the Office; or

• (b) any vacancy in the office of Director General or among the members of the Office.

Authentication of the Commission’s seal

12

The application of the seal of the Office shall be authenticated by the signature of—

• (a) any member of the Office; or

• (b) any other person who has been authorised by the Director General (whether generally or specially) for that purpose.

Evidence of documents

13

A document purporting to be—

• (a) duly executed by the Office under its seal, or

• (b) signed on its behalf,

shall be received in evidence and shall, unless the contrary is shown, be taken to be so executed or signed.

Payments by the Secretary of State

14

The Secretary of State may pay to the Office—

• (a) sums equal to any amounts paid or falling to be paid by it under any provision of this Act (other than paragraph 15); and

• (b) such other sums as appear to him to be appropriate for enabling it to meet the expenses incurred or to be incurred in the carrying out of its or the Director General's functions.

Other receipts by the Commission

15

• (1) The Office shall pay to the Secretary of State all sums received by it (otherwise than under paragraph 14) in the course of, or in connection with, the carrying out of its or the Director General's functions.

• (2) Sub-paragraph (1) shall not apply where the Secretary of State so directs.

• (3) Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.

Borrowing

16

The Office shall not borrow money unless authorised to do so (whether generally or specially) by the Secretary of State.

Accounts

17

• (1) The Office shall—

• (a) keep proper accounts and proper records in relation to the accounts;

• (b) prepare in respect of each financial year of the Office a statement of accounts in such form as the Secretary of State may direct; and

• (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of August in the financial year of the Office following that to which the statement relates.

• (2) The Comptroller and Auditor General shall—

• (a) examine, certify and report on every statement received by him by virtue of this paragraph; and

• (b) lay copies of every such statement, and of his report on it, before Parliament.

Financial year of the Commission

18

The following are financial years of the Office—

• (a) the period beginning with the day on which the Office is established and ending with 31st March falling next after that day; and

• (b) every subsequent period of twelve months ending with 31st March.

SCHEDULE 3

Part 1 — Handling of complaints

Duties to preserve evidence relating to complaints

1

• (1) Where a complaint is made about the conduct of a chief officer, it shall be the duty of the local policing body maintaining his force to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct complained of.

• (2) Where—

• (a) a complaint is made to a chief officer about the conduct of a person under his direction and control, or

• (b) a chief officer becomes aware that a complaint about the conduct of a person under his direction or control has been made to the Director General or to a local policing body,

the chief officer shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

• (3) The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after the complaint is made or, as the case may be, he becomes aware of it.

• (4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

• (5) It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of its duty under sub-paragraph (1).

• (6) It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to ... the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the local policing body maintaining his force or by the Director General.

Initial handling and recording of complaints

2

• (1) Where a complaint is made to the Director General, the Director General shall give notification of the complaint to the appropriate authority.

• (1A) But the Director General need not give that notification if the Director General considers that there are exceptional circumstances that justify its not being given.

• (2) Where a complaint is made to a local policing body, it shall—

• (a) determine whether or not it is itself the appropriate authority; and

• (b) if it determines that it is not, give notification of the complaint to the person who is.

• (3) Where a complaint is made to a chief officer, he shall—

• (a) determine whether or not he is himself the appropriate authority; and

• (b) if he determines that he is not, give notification of the complaint to the person who is.

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

• (5) Where the Director General, a local policing body or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) ..., the person who gave the notification ... shall notify the complainant—

• (a) that the notification has been given and of what it contained; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where—

• (a) a local policing body determines, in the case of any complaint made to the body, that it is itself the appropriate authority,

• (b) a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or

• (c) a complaint is notified to a local policing body or chief officer under this paragraph,

the body or chief officer shall contact the complainant and seek the complainant's views on how the complaint should be handled.

• (6A) A local policing body or chief officer that is subject to the duty in sub-paragraph (6) in relation to a complaint must record the complaint if—

• (a) at any time the complainant indicates a wish for the complaint to be recorded, or

• (b) the local policing body or chief officer determines that the complaint is to be handled in accordance with this Schedule.

• (6B) The local policing body or chief officer must determine that a complaint is to be handled in accordance with this Schedule if—

• (a) the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury,

• (b) the complaint is one alleging that there has been conduct by a person serving with the police which (if proved) might constitute the commission of a criminal offence or justify the bringing of disciplinary proceedings,

• (c) the conduct or other matter complained of (if proved) might have involved the infringement of a person's rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998), or

• (d) the complaint is of a description specified for the purposes of paragraph 4(1)(b) in regulations made by the Secretary of State.

• (6C) Where a local policing body or chief officer determines (for the purposes of sub-paragraph (6A)) that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must handle the complaint in such other manner as the local policing body or chief officer considers appropriate with a view to resolving the complaint to the complainant's satisfaction.

(The duty in this sub-paragraph ceases to apply if the complaint is recorded in accordance with sub-paragraph (6A)(a).)

• (6D) Where a local policing body or chief officer records a complaint under sub-paragraph (6A), or determines that a complaint is to be handled otherwise than in accordance with this Schedule, the local policing body or chief officer must notify the complainant of the recording of the complaint or (as the case may be) of the determination.

• (7) Nothing in this paragraph shall require the taking of any action in relation to a complaint if the complaint has been withdrawn.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) If a local policing body or chief officer decides that it or (as the case may be) he is not required to comply with any of sub-paragraphs (2), (3) and (6) to (6C) on the basis of a determination that what purports to be a complaint is not a complaint, the local policing body or chief officer must notify the complainant of the determination and the grounds on which it was made.

• (10) If a local policing body or chief officer determines that part of what has been received (whether directly or by virtue of a notification under this paragraph) is a complaint and part is not, the local policing body or chief officer must proceed under this paragraph as if those two parts had been separately received.

Failures to notify or record a complaint

3

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

Reference of complaints to the Commission

4

• (1) It shall be the duty of the appropriate authority to refer a complaint to the Director General if—

• (a) the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury;

• (b) the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

• (c) the Director General notifies the appropriate authority that the Director General requires the complaint in question to be referred to the Director General for the Director General's consideration.

• (2) In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the Director General if that authority considers that it would be appropriate to do so so by reason of—

• (a) the gravity of the subject-matter of the complaint; or

• (b) any exceptional circumstances.

• (3) In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a local policing body may refer a complaint to the Director General if—

• (a) it is one in relation to which the chief officer of police of the police force maintained by that body is the appropriate authority; and

• (b) the local policing body considers that it would be appropriate to do so reason of—

• (i) the gravity of the subject-matter of the complaint; or

• (ii) any exceptional circumstances.

• (4) Where there is an obligation under this paragraph to refer a complaint to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

• (5) Subject to sub-paragraph (7), the following powers—

• (a) the power of the Director General by virtue of sub-paragraph (1)(c) to require a complaint to be referred to the Director General, and

• (b) the power of a local policing body or chief officer to refer a complaint to the Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General.

• (5A) The power of an appropriate authority to refer a complaint to the Director General under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).

• (6) A local policing body or chief officer which refers a complaint to the Director General under this paragraph shall give a notification of the making of the reference—

• (a) to the complainant, and

• (b) except in a case where it appears to that body or chief officer that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).

• (6A) A local policing body which refers a complaint to the Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.

• (7) A complaint that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 4A—

• (a) shall not be required to be referred again under this paragraph unless the Director General so directs; and

• (b) shall not be referred in exercise of any power conferred by this paragraph unless the Director General consents.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) The appropriate authority must record any complaint that is referred to the Director General under this paragraph that has not already been recorded.

Duties of Commission on references under paragraph 4

5

• (1) It shall be the duty of the Director General in the case of every complaint referred to the Director General by a local policing body or chief officer, to determine whether or not it is necessary for the complaint to be investigated.

• (1A) The Secretary of State may by regulations provide that the Director General must determine that it is necessary for complaints referred to the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

• (1B) Regulations under sub-paragraph (1A) may provide that the duty on the Director General applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

• (1C) Regulations under sub-paragraph (1A) may also provide that, where the Director General is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

• (2) Where the Director General determines under this paragraph that it is not necessary for a complaint to be investigated —