Legalize
Legalize / United Kingdom / Public General Act

Policing and Crime Act 2009

Type Public General Act
Publication 2009-11-12
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Part 1 — Police reform

Public accountability

Police equipment

1

(aa) the views of people in the authority's area about policing in that area,

.

Appointment of senior officers

Police Senior Appointments Panel

2

The Police Senior Appointments Panel.

The Police Senior Appointments Panel

.

Regulations about senior officers

3

In section 50 of the Police Act 1996 (c. 16) (regulations for police forces) after subsection (6) insert—

(6A) Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to— (a) steps to be taken in connection with the appointment of senior officers; (b) payments to senior officers who cease to hold office before the end of a fixed term appointment. (6B) In subsection (6A) “senior officer” means— (a) a member of a police force holding a rank above that of chief superintendent; (b) the Commissioner of Police for the City of London.

Metropolitan police force appointments

4

(2) Any appointment of an Assistant Commissioner shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority. (2A) Before appointing an Assistant Commissioner the Metropolitan Police Authority shall— (a) consult the Commissioner of Police of the Metropolis, and (b) obtain the approval of the Secretary of State.

(2) Any appointment of a Deputy Assistant Commissioner shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority. (2A) Before appointing a Deputy Assistant Commissioner the Metropolitan Police Authority shall— (a) consult the Commissioner of Police of the Metropolis, and (b) obtain the approval of the Secretary of State.

(2) Any appointment of a Commander in the metropolitan police force shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority. (2A) Before appointing a Commander in the metropolitan police force the Metropolitan Police Authority shall— (a) consult the Commissioner of Police of the Metropolis, and (b) obtain the approval of the Secretary of State.

Police co-operation

Police collaboration

5

For section 23 of the Police Act 1996 substitute—

(23) (1) The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces. (2) An agreement may, in particular, provide— (a) for the joint discharge of functions by members of police forces; (b) for members of a police force to discharge functions in another force's area; (c) for members of a police force to be provided to another force. (3) An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement. (4) An agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement. (5) A chief officer may make an agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces. (6) A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force. (7) In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained. (8) An agreement under this section is referred to in this Part as a police force collaboration agreement. (23A) (1) Two or more police authorities may make an agreement about the provision of support— (a) for any of those police authorities; (b) for any of the police forces maintained by them. (2) An agreement may, in particular, provide— (a) for support to be provided jointly by two or more authorities; (b) for support to be provided for two or more authorities or forces jointly; (c) for an authority to provide support to another authority or to a force maintained by another authority. (3) In this section references to the provision of support include, in particular, the provision of— (a) premises; (b) equipment; (c) staff; (d) services; (e) facilities. (4) A police authority may make an agreement which includes provision about the discharge of functions by employees who are under the direction and control of a chief officer only with the approval of that chief officer. (5) A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces. (6) Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority. (7) An agreement under this section is referred to in this Part as a police authority collaboration agreement. (23B) (1) A collaboration agreement may provide for payments between relevant police authorities. (2) Provision under subsection (1) may, in particular— (a) specify the authorities by which and to which a payment is to be made or the manner in which those authorities are to be determined; (b) specify the amount of any payment or the manner in which it is to be determined. (3) A relevant police authority must make any payments required by provision made under subsection (1). (4) “Relevant police authority”— (a) in relation to a police force collaboration agreement, means a police authority maintaining a police force whose chief officer is a party to the agreement, and (b) in relation to a police authority collaboration agreement, means a police authority which is a party to the agreement. (5) In this Part “collaboration agreement” means— (a) a police force collaboration agreement, or (b) a police authority collaboration agreement. (23C) (1) A person must consult the Secretary of State before making a collaboration agreement to which there are 6 or more other parties. (2) A collaboration agreement must be in writing. (3) A collaboration agreement may make different provision for different cases or circumstances. (4) A collaboration agreement may be varied by a subsequent collaboration agreement. (5) A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection. (23D) (1) Where a chief officer makes a police force collaboration agreement, the police authority responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who— (a) is acting under the terms of the agreement, and (b) while so acting, is under the direction and control of the chief officer. (2) Before approving an agreement as mentioned in section 23(6), a police authority must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement. (3) When deciding what arrangements to make, the police authority shall, in particular, consider making arrangements for those functions to be discharged jointly with another police authority responsible for maintaining a force whose chief officer is a party to the agreement. (4) The functions conferred on a police authority under this section do not affect any other function of holding a chief officer to account. (23E) (1) A person who makes a collaboration agreement must— (a) publish the agreement, or (b) publish the fact that the agreement has been made and such other details about it as the person thinks appropriate. (2) In the case of a police force collaboration agreement, information notified to a chief officer under section 23D(2) must be published by the chief officer with the information under subsection (1). (23F) (1) The Secretary of State may give chief officers or police authorities guidance about collaboration agreements or related matters. (2) In discharging their functions, chief officers and police authorities must have regard to the guidance. (23G) (1) The Secretary of State may give chief officers or police authorities directions about collaboration agreements or related matters. (2) A direction may be given to— (a) one or more chief officers; (b) one or more police authorities. (3) A person to whom a direction is given must comply with it. (4) A direction may, in particular— (a) require two or more persons to make, or prohibit them from making, a collaboration agreement; (b) require two or more persons to vary, or prohibit them from varying, a collaboration agreement; (c) require two or more persons to consider making a collaboration agreement of a specified description; (d) specify terms to be included, or not to be included, in collaboration agreements. (5) A direction may relate to— (a) a particular agreement, (b) agreements of a particular description, or (c) agreements in general. (6) Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given. (23H) (1) The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement. (2) A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period. (3) Before giving a notice under this section the Secretary of State must consult the parties to the agreement. (23I) (1) This section has effect for the purposes of sections 23 to 23H. (2) “Police force” includes— (a) the British Transport Police Force, and (b) the Civil Nuclear Constabulary. (3) “Chief officer” means— (a) in relation to the British Transport Police Force, the Chief Constable of the force, (b) in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and (c) in relation to any other police force, the chief officer of police of that force. (4) “Police authority” includes— (a) the British Transport Police Authority, and (b) the Civil Nuclear Police Authority.

Authorisations to interfere with property etc

6

(za) if the authorising officer is within subsection (5)(a) to (c)— (i) by a member of the officer's police force; or (ii) in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force;

.

(3A) For the purposes of subsection (3)(za)(ii)— (a) a police force is a collaborative force if— (i) its chief officer of police is a party to the agreement mentioned in that provision; and (ii) its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and (b) a reference to a police force is to the following— (i) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); (ii) the metropolitan police force; and (iii) the City of London police force.

(aa) in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales— (i) for which any collaborative force (within the meaning of subsection (3A)) is maintained; and (ii) which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);

; and

Authorisations for obtaining and disclosing communications data

7

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

Authorisations of covert human intelligence sources: conditions

8

(c) that arrangements exist for the source's case that satisfy— (i) the requirements of subsection (4A), in the case of a source of a relevant collaborative unit; (ii) the requirements of subsection (4B), in the case of a source of a relevant Scottish collaborative unit; (iii) the requirements of subsection (5), in the case of any other source; and that satisfy such other requirements as may be imposed by order made by the Secretary of State.

(2A) For the purposes of subsection (2)— (a) a relevant collaborative unit is a unit consisting of two or more police forces whose chief officers of police have made an agreement under section 23(1) of the Police Act 1996 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source; and (b) a relevant Scottish collaborative unit is a unit consisting of two or more Scottish police forces whose chief constables have made an agreement under section 12(1) of the Police (Scotland) Act 1967 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source.

(4A) For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring— (a) that there will at all times be a qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare; (b) that there will at all times be another qualifying person who will have general oversight of the use made of the source; (c) that there will at all times be a qualifying person who will have responsibility for maintaining a record of the use made of the source; (d) that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and (e) that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons. (4B) For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring— (a) that there will at all times be a Scottish qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare; (b) that there will at all times be another Scottish qualifying person who will have general oversight of the use made of the source; (c) that there will at all times be a Scottish qualifying person who will have responsibility for maintaining a record of the use made of the source; (d) that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and (e) that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

(7A) For the purposes of subsection (4A) a person is a qualifying person if— (a) the person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2A)(a); and (b) persons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4A) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require). (7B) For the purposes of subsection (4B), a person is a Scottish qualifying person if— (a) the person holds an office, rank or position with a Scottish police force whose chief constable is a party to the agreement mentioned in subsection (2A)(b); and (b) persons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4B) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.