Legalize / United Kingdom / Public General Act

Policing and Crime Act 2017

Type Public General Act

Publication 2017-01-31

Last updated 2023-12-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

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Part 1 — Emergency services collaboration

CHAPTER 1 — Collaboration agreements

Transfer of property, rights and liabilities to the London Fire Commissioner

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(1) A collaboration agreement may be made by—

(a) one or more persons within a paragraph of subsection (2), and

(b) one or more persons within another paragraph of that subsection.

(2) Those persons are—

(a) an ambulance trust in England,

(b) a fire and rescue body in England, and

(3) A collaboration agreement is an agreement in writing that sets out how the parties to the agreement will work together in discharging their functions.

(4) Subsection (1) does not prevent a person other than a person listed in subsection (2) from being a party to a collaboration agreement.

(5) This section is subject to section 3 (collaboration agreements: specific restrictions).

(6) Section 4 makes further provision about collaboration agreements.

Independent Office for Police Conduct

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(1) A relevant emergency service in England (“the relevant service”) must keep under consideration whether entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services.

(2) If the relevant service considers that entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services (“the proposed collaboration”), the relevant service must notify those other services of the proposed collaboration.

(3) The relevant service and the other services (“the proposed parties”) must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of the proposed parties.

(4) Subsection (5) applies if—

(a) a proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party), and

(b) at least one other proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party).

(5) Each proposed party which is of that view must give effect to the proposed collaboration, or give effect to it so far as it relates to that party, by entering into a collaboration agreement (if the party has power to do so).

(6) In the application of this section to a local policing body, references to the efficiency or effectiveness of that body include the efficiency or effectiveness of the police force it is responsible for maintaining.

(7) This section is subject to section 3 (collaboration agreements: specific restrictions).

Arrest elsewhere than at a police station: release before charge

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(1) Section 2 does not require a relevant emergency service in England to enter into a collaboration agreement if the service is of the view that the proposed collaboration would have an adverse effect on public safety or otherwise have an adverse effect on its efficiency or effectiveness.

(2) Section 2 does not require an ambulance trust in England to enter into a collaboration agreement that would in the view of that trust have an adverse effect on—

(a) its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, or

(b) the health service in England (within the meaning of the National Health Service Act 2006).

(3) Section 2 applies to an ambulance trust in England only so far as it provides an emergency ambulance service.

(4) Subsection (5) applies where an ambulance trust in England is considering whether a proposed collaboration would be in the interests of the efficiency or effectiveness of the trust for the purposes of section 2.

(5) The ambulance trust must have particular regard to any effect that entering into a collaboration agreement pursuant to the proposed collaboration would have on—

(a) its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, and

(b) the health service in England (within the meaning of the National Health Service Act 2006).

(6) The London Fire Commissioner must consult the Mayor of London before entering into a collaboration agreement (unless the Mayor is a party to the agreement).

(7) A combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined authority is entitled to exercise.

(7A) A combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined county authority is entitled to exercise.

(8) An elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a fire and rescue authority that the mayor is entitled to exercise.

(9) An elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a police and crime commissioner that the mayor is entitled to exercise.

(10) A chief officer of police of a police force may not enter into a collaboration agreement unless the local policing body responsible for maintaining that police force also enters into the agreement.

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

Collaboration agreements: supplementary

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(1) A collaboration agreement may, in particular, make provision about the use, for the purposes of the agreement, of a power of a party to the agreement to—

(a) make arrangements for the exercise of the party's functions by another person, or

(b) exercise functions jointly with another person.

(2) A collaboration agreement may include provision for payments to be made by the parties to the agreement for the purposes of facilitating that agreement.

(3) A party to a collaboration agreement may do anything that is necessary or expedient for the purposes of facilitating the agreement.

(4) Subsection (3) is subject to any restriction imposed on a party by, or by virtue of, an enactment or rule of law.

(5) A collaboration agreement may not include provision for the delegation of a function where that function may not otherwise be delegated.

(6) The delegation of a function pursuant to a collaboration agreement does not affect the responsibility of any party to the agreement for the exercise of its functions.

(7) A collaboration agreement must make provision for a party to withdraw from the agreement where in the view of that party the agreement is no longer in the interests of its efficiency or effectiveness.

(8) A collaboration agreement may be—

(a) varied with the agreement of all of the parties to the agreement, or

(b) replaced by a subsequent collaboration agreement.

Licensing Act 2003: addition of further relevant offences

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(1) This section has effect for the purposes of this Chapter.

(2) “Collaboration agreement” has the meaning given by section 1(3).

(3) “Relevant emergency service in England” means—

(a) an ambulance trust in England,

(b) a fire and rescue body in England, or

(4) “Ambulance trust in England” means—

(a) an NHS trust all or most of whose hospitals, establishments and facilities are in England and which provides ambulance services, or

(b) an NHS foundation trust which provides such services.

(5) “Fire and rescue body in England” means—

(a) a fire and rescue authority in England,

(b) a combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009, ...

(d) a combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023, or

(e) an elected mayor who exercises the functions of a fire and rescue authority by virtue of section 30 of that Act.

(6) “Fire and rescue authority in England” has the same meaning as in the Fire and Rescue Services Act 2004.

(7) “Police body in England” means—

(a) a police and crime commissioner for a police area in England,

(b) a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),

(d) the Commissioner of Police of the Metropolis,

(e) the Common Council of the City of London in its capacity as police authority for the City of London police area,

(f) the Commissioner of Police for the City of London, or

(g) an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.

(8) “Chief officer” means—

(a) a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),

(b) the Commissioner of Police of the Metropolis, or

(9) “Local policing body” means—

(a) a police and crime commissioner for a police area in England,

(b) the Mayor's Office for Policing and Crime,

(d) an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.

(10) “The City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force.

CHAPTER 2 — Police and crime commissioners etc: fire and rescue functions

Provision for police and crime commissioner to be fire and rescue authority

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Schedule 1 makes provision for a person who is the police and crime commissioner for an area to be the fire and rescue authority for that area.

Involvement of police and crime commissioner in fire and rescue authority

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(1) The Local Government Act 1972 is amended in accordance with subsections (2) to (4).

(2) In section 102 (appointment of committees) after subsection (5) insert—

(6) Subsection (7) applies in relation to— (a) a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority, (b) a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or (c) a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions. (7) A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee. (8) If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must— (a) consider the request, (b) give reasons for their decision to agree to or refuse the request, and (c) publish those reasons in such manner as they think appropriate. (9) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee to which the commissioner is appointed in accordance with this section only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority. (10) Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to— (a) a committee or sub-committee appointed by a local authority, (b) a joint committee appointed by two or more local authorities, or (c) a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities. (11) For those purposes “relevant police and crime commissioner” means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or (b) all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.

(3) In Part 1 of Schedule 12 (meetings and proceedings of principal councils) after paragraph 6 insert—

(6ZA) (1) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority. (2) Sub-paragraph (1) applies— (a) only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and (b) only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so. (3) If a request under sub-paragraph (2)(b) is made to a principal council, the council must— (a) consider the request, (b) give reasons for their decision to agree to or refuse the request, and (c) publish those reasons in such manner as they think appropriate. (4) If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority— (a) paragraph 3(2); (b) paragraph 4(1A); (c) paragraph 5(3); (d) paragraph 6; (e) paragraph 39; (f) paragraph 40; (g) paragraph 41(3); (h) paragraph 43. (5) In this paragraph “relevant police and crime commissioner”, in relation to a principal council, means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of the principal council, or (b) all or part of whose area falls within the area of the principal council.

(4) In Part 1A of Schedule 12 (joint authorities etc) in paragraph 6B (application of Part 1) after “this Schedule” insert “ other than paragraph 6ZA ”.

(5) The Local Government Act 1985 is amended in accordance with subsections (6) and (7).

(6) In section 26 (metropolitan county fire and rescue authorities)—

(a) in subsection (3) for “Each” substitute “ Subject to subsection (5), each ”, and

(b) after subsection (4) insert—

(5) A metropolitan county fire and rescue authority may appoint a relevant police and crime commissioner to be a member of the authority. (6) An appointment under subsection (5) may only be made in response to a request by the relevant police and crime commissioner. (7) If a request under subsection (6) is made to a metropolitan county fire and rescue authority, the authority must— (a) consider the request, (b) give reasons for their decision to agree to or refuse the request, and (c) publish those reasons in such manner as they think appropriate. (8) In this section “relevant police and crime commissioner”, in relation to a metropolitan county fire and rescue authority, means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of the authority, or (b) all or part of whose area falls within the area of the authority.

(7) In section 34 (chairman, vice-chairman and clerk of metropolitan county fire and rescue authority) in subsection (7) for the “and” at the end of paragraph (b) substitute—

(ba) if the chairman is a police and crime commissioner and the authority and the commissioner have agreed that the commissioner should cease to be a member of the authority, the date agreed by the authority and the commissioner as the date on which the commissioner's membership should cease; and

(8) In section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees) after subsection (5) insert—

(5ZA) Nothing in this section shall prevent the appointment of a police and crime commissioner as a voting member of— (a) any committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority, (b) any joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or (c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions. (5ZB) In subsection (5ZA) “local authority” does not include— (a) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, (b) a joint authority which is a metropolitan county fire and rescue authority, or (c) the London Fire Commissioner.

(9) In Schedule A1 to the Local Government Act 2000 (executive arrangements in England: further provisions) after paragraph 4 insert—

(4A) (1) A relevant police and crime commissioner may attend, speak at and vote at— (a) a meeting of an executive of a local authority which is a fire and rescue authority, or (b) a meeting of a committee of such an executive. (2) Sub-paragraph (1) applies— (a) only if and to the extent that the business of the meeting relates to the functions of the authority as a fire and rescue authority, and (b) only if the executive has consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so. (3) If a request under sub-paragraph (2)(b) is made to an executive of a local authority, the executive must— (a) consider the request, (b) give reasons for its decision to agree to or refuse the request, and (c) publish those reasons in such manner as it thinks appropriate. (4) In this paragraph “relevant police and crime commissioner” means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of the local authority, or (b) all or part of whose area falls within the area of the local authority.

(10) Section 3 of the Fire and Rescue Services Act 2004 (creation of combined fire and rescue authority: supplementary) is amended in accordance with subsections (11) and (12).

(11) In subsection (3)(a) for “or by the Secretary of State” substitute “ , by the Secretary of State or, in the case of a combined authority for an area which is wholly within England, by the combined authority ”.

(12) After subsection (5) insert—

(6) The following provisions apply if a scheme under section 2 provides for members of a combined authority to be appointed by the authority. (7) The scheme must provide that a relevant police and crime commissioner may only be appointed as a member of the authority in response to a request by the commissioner. (8) The scheme must provide that, if such a request is made to the authority, the authority must— (a) consider the request, (b) give reasons for its decision to agree to or refuse the request, and (c) publish those reasons in such manner as it thinks appropriate. (9) In this section “relevant police and crime commissioner”, in relation to a combined authority, means a police and crime commissioner— (a) whose area is the same as, or contains all of, the area of the authority, or (b) all or part of whose area falls within the area of the authority.

(13) The Localism Act 2011 is amended in accordance with subsections (14) and (15).

(14) In section 27 (duty to promote and maintain high standards of conduct) after subsection (4) insert—

(4A) In this Chapter “co-opted member” includes a police and crime commissioner who— (a) is entitled to participate in meetings of a county or district council by virtue of paragraph 6ZA of Part 1 of Schedule 12 to the Local Government Act 1972, or (b) is entitled to participate in meetings of an executive of a county or district council by virtue of paragraph 4A of Schedule A1 to the Local Government Act 2000.

(15) In section 28 (codes of conduct) after subsection (11) insert—

(11A) Subsections (11B) to (11D) apply if a police and crime commissioner is a member or co-opted member of a relevant authority in the commissioner's capacity as such. (11B) Arrangements put in place under subsection (6)(b) by the relevant authority must include provision for an allegation against the commissioner to be referred to the police and crime panel for the commissioner's police area. (11C) If, in response to an allegation referred to it by virtue of subsection (11B), the police and crime panel makes a report or recommendation to the police and crime commissioner under section 28(6) of the Police Reform and Social Responsibility Act 2011, the panel may also make a report or recommendation on the allegation to the relevant authority. (11D) The relevant authority must take any such report or recommendation into account in determining— (a) whether the police and crime commissioner has failed to comply with the authority's code of conduct, (b) whether to take action in relation to the commissioner, and (c) what action to take.

Combined authority mayors: exercise of fire and rescue functions

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(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (4).

(2) After section 107E insert—

(107EA) (1) This section applies to a mayor for the area of a combined authority who— (a) by virtue of section 107D(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and (b) by virtue of section 107F(1), may exercise functions of a police and crime commissioner. (2) The Secretary of State may by order make provision— (a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor; (b) authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable's fire and rescue functions. (3) An order under subsection (2) may provide that arrangements made under the order— (a) may authorise the exercise of any functions mentioned in that subsection; (b) may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the order; (c) may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the order. (4) The persons mentioned in subsection (2)(b) are— (a) members of the chief constable's police force; (b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011; (c) members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1); (d) members of staff appointed by the chief constable under section 107EC(2). (5) Provision in an order under section 107D(1) for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2). (6) This section is subject to— (a) section 107EB (section 107EA orders: procedure), and (b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting). (7) In this section “fire and rescue functions”, in relation to a chief constable, means— (a) functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment. (107EB) (1) An order under section 107EA(2) may be made in relation to the mayor for the area of a combined authority only if the mayor has requested the Secretary of State to make the order. (2) A request under subsection (1) must be accompanied by a report which contains— (a) an assessment of why— (i) it is in the interests of economy, efficiency and effectiveness for the order to be made, or (ii) it is in the interests of public safety for the order to be made, (b) a description of any public consultation which the mayor has carried out on the proposal for the order to be made, (c) a summary of the responses to any such consultation, and (d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the combined authority. (3) Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor's response to the representations made or views expressed in response to any consultations on the proposal. (4) Subsections (5) to (7) apply if— (a) the mayor for the area of a combined authority makes a request under subsection (1) for the Secretary of State to make an order under section 107EA(2), and (b) at least two thirds of the constituent members of the combined authority have indicated that they disagree with the proposal for the order to be made. (5) The mayor must, in providing the report under subsection (2), provide the Secretary of State with— (a) copies of the representations (if any) made by the constituent members of the combined authority about that proposal, and (b) the mayor's response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal. (6) The Secretary of State must— (a) obtain an independent assessment of that proposal, and (b) in deciding whether to make the order, have regard to that assessment and to the material provided under subsection (5) (as well as the material provided under subsection (2)). (7) The Secretary of State must publish the independent assessment— (a) as soon as is reasonably practicable after making a determination in response to the proposal, and (b) in such manner as the Secretary of State thinks appropriate. (8) An order under section 107EA(2) may be made only if it appears to the Secretary of State that— (a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or (b) it is in the interests of public safety for the order to be made. (9) The Secretary of State may not make an order under section 107EA(2) in a case within subsection (8)(a) of this section if the Secretary of State thinks that the order would have an adverse effect on public safety. (10) The Secretary of State may, in making an order under section 107EA(2) in relation to the mayor for the area of a combined authority, give effect to the mayor's proposal for the order with such modifications as the Secretary of State thinks appropriate. (11) Before making an order which gives effect to such a proposal with modifications, the Secretary of State must consult the mayor and the combined authority on the modifications. (12) In this section— - “constituent council”, in relation to a combined authority, means— 1. a county council the whole or any part of whose area is within the area of the combined authority, or 2. a district council whose area is within the area of the combined authority; - “constituent member”, in relation to a combined authority, means a member of the authority appointed by a constituent council (but does not include the mayor for the area of the combined authority). (107EC) (1) An order under section 107EA(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)— (a) from a fire and rescue authority or the combined authority to the chief constable, or (b) from the chief constable to the combined authority, (including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011). (2) A chief constable to whom an order under section 107EA(2) applies may appoint staff for the purpose of the exercise of the chief constable's fire and rescue functions. (3) A chief constable to whom an order under section 107EA(2) applies may— (a) pay remuneration, allowances and gratuities to members of the chief constable's fire and rescue staff; (b) pay pensions to, or in respect of, persons who are or have been such members of staff; (c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff. (4) In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff. (5) Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011. (6) Where an order under section 107EA(2) is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force's chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions. (7) Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions. (8) In subsection (7)— - “finance officer for fire functions” means a member of a chief constable's fire and rescue staff who— 1. is not a chief finance officer of the kind mentioned in subsection (6), and 2. is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions; - “finance officer for police functions” means a member of a chief constable's civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who— 1. is not a chief finance officer of the kind mentioned in subsection (6), and 2. is employed to carry out duties relating to the proper administration of a police force's financial affairs. (9) Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay— (a) any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff; (b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings; (c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff, if the settlement is approved by the authority. (10) Where an order under section 107EA(2) is in force, the combined authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay— (a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff; (b) costs incurred and not recovered by such a member of staff in such proceedings; (c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings. (11) In this section— - “fire and rescue functions” has the same meaning as in section 107EA; - “fire and rescue staff”, in relation to a chief constable to whom an order under section 107EA(2) applies, means— 1. staff transferred to the chief constable under a scheme made by virtue of subsection (1); 2. staff appointed by the chief constable under subsection (2). (107ED) (1) This section applies if— (a) an order under section 107EA(2) makes provision in relation to the area of a combined authority, and (b) by virtue of the order, fire and rescue functions exercisable by the mayor for the area of the combined authority are exercisable by the chief constable of the police force for the police area which corresponds to that area. (2) The chief constable must secure that good value for money is obtained in exercising— (a) functions which are exercisable by the chief constable by virtue of the order, and (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment. (3) The chief constable must secure that other persons exercising functions by virtue of the order obtain good value for money in exercising those functions. (4) The mayor must— (a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the order, (b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment, (c) secure that functions which are exercisable by the chief constable or another person by virtue of the order are exercised efficiently and effectively, and (d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively. (5) The mayor must hold the chief constable to account for the exercise of such functions. (107EE) (1) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision. (2) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 107EC(1) or appointed by a chief constable under section 107EC(2), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff. (3) The provision referred to in subsection (2) is— (a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002; (b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act. (4) The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002. (5) Before making an order under this section the Secretary of State must consult— (a) the Police Advisory Board for England and Wales, (b) the Independent Police Complaints Commission, (c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and (e) such other persons as the Secretary of State considers appropriate. (107EF) (1) The Secretary of State may by order— (a) apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2); (b) make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment. (2) Those persons are— (a) a chief constable of a police force for a police area to whom an order under section 107EA(2) applies, (b) a member of staff transferred to such a chief constable under a scheme made by virtue of section 107EC(1), (c) a member of staff appointed by such a chief constable under section 107EC(2), (d) a member of such a chief constable's police force by whom functions are exercisable by virtue of section 107EA(2)(b), and (e) a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 107EA(2)(b). (3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision. (4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1). (5) In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority). (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made. (107EG) (1) The Secretary of State may by order— (a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2); (b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment. (2) Those persons are— (a) a mayor for the area of a combined authority to whom an order under section 107EA(2) applies, (b) a chief constable to whom such an order applies, and (c) a panel established by virtue of an order under paragraph 4 of Schedule 5C for such an area. (3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision. (4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1). (5) In this section “local policing enactment” means an enactment relating to a police and crime commissioner. (6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

(3) In section 107D(6)(b) (general functions exercisable by the mayor for the area of a combined authority) after “section 107E” insert “ or 107EA ”.

(4) In section 120 (interpretation) after the definition of “EPB” insert—

“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;

(5) In section 26 of the Fire Services Act 1947 (firefighters' pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) in subsection (5A) (as inserted by paragraph 14 of Schedule 1)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

(c) a transfer to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or (d) an appointment by the chief constable under section 107EC(2) of that Act.

(6) In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales) in subsection (4) (as inserted by paragraph 76 of Schedule 1) for “also imposes a requirement” substitute “ and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements ”.

(7) In section 38 of the Police Reform Act 2002 (police powers for civilian staff) in subsection (11A) (as inserted by paragraph 82 of Schedule 1) after paragraph (b) insert—

(c) any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated); (d) any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).

(8) In section 34 of the Fire and Rescue Services Act 2004 (pensions etc) in subsection (11) (as inserted by paragraph 11 of Schedule 1)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

(c) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or (d) appointed by the chief constable under section 107EC(2) of that Act.

(9) In section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting) (as substituted by paragraph 12 of Schedule 1) in subsection (3)—

(a) after “whom” insert “ —(a) ”, and

(b) after paragraph (a) insert

, or (b) functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.

(10) In Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process) in sub-paragraph (1AA) (as inserted by paragraph 93 of Schedule 1) after “section 4H of the Fire and Rescue Services Act 2004” insert “ or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009 ”.

(11) In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as inserted by paragraph 95 of Schedule 1)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) for the “or” at the end of sub-paragraph (ii) substitute—

(iii) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or (iv) appointed by the chief constable under section 107EC(2) of that Act, or

CHAPTER 3 — London Fire Commissioner

The London Fire Commissioner

9

(1) The London Fire and Emergency Planning Authority is abolished.

(2) The functions of the London Fire and Emergency Planning Authority are (subject to this Act) transferred to the London Fire Commissioner.

(3) Schedule 2—

(a) amends the Greater London Authority Act 1999 in consequence of the abolition of the London Fire and Emergency Planning Authority,

(b) amends that Act so as to make provision about the London Fire Commissioner, and

Transfer of property, rights and liabilities to the London Fire Commissioner

10

(1) The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities of the London Fire and Emergency Planning Authority to the London Fire Commissioner.

(2) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(3) A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

(a) create rights, or impose liabilities, in relation to property transferred;

(b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor, in respect of anything transferred;

(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

(e) if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

(4) A transfer scheme may provide—

(a) for the scheme to be modified by agreement after it comes into effect;

(b) for any such modifications to have effect from the date when the original scheme came into effect.

(5) In this section—

(a) references to the transfer of property include the grant of a lease;

(b) references to rights and liabilities include rights and liabilities under a contract of employment;

CHAPTER 4 — Inspection of fire and rescue services

Inspection of fire and rescue services

11

(1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 28 (inspectors), before subsection (1) insert—

(A1) Her Majesty may appoint such number of inspectors of fire and rescue authorities in England (the “English inspectors”) as the Secretary of State may determine. (A2) Of the persons appointed under subsection (A1) one is to be appointed as the chief fire and rescue inspector for England. (A3) The English inspectors must inspect, and report on the efficiency and effectiveness of, fire and rescue authorities in England. (A4) The English inspectors must carry out such other duties for the purpose of furthering the efficiency and effectiveness of fire and rescue authorities in England as the Secretary of State may from time to time direct. (A5) The chief fire and rescue inspector for England may appoint assistant inspectors and other officers for the purpose of assisting the English inspectors. (A6) When carrying out an inspection under subsection (A3) of a fire and rescue authority created by an order under section 4A, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function. (A7) For the purposes of subsection (A6), the following are excluded functions in relation to a fire and rescue authority— (a) the function of preparing a fire and rescue plan and a fire and rescue statement (within the meaning of Schedule A2); (b) the functions that the authority has in its capacity as a major precepting authority for the purposes of Part 1 of the Local Government Finance Act 1992; (c) the function of appointing a chief finance officer under section 4D(4); (d) where functions of the authority have been delegated to a chief constable under an order under section 4H, the functions conferred on the authority by section 4J(4) and (5); (e) functions specified, or of a description specified, in relation to that authority in an order made by the Secretary of State. (A8) The power under subsection (A7)(e) may be exercised in relation to— (a) all fire and rescue authorities created by an order under section 4A, (b) a particular fire and rescue authority created by an order under section 4A, or (c) a particular description of fire and rescue authorities created by an order under section 4A. (A9) Schedule A3 makes further provision in relation to the English inspectors.

(3) In section 28, in subsection (1)(a), after “fire and rescue authorities” insert “ in Wales ”.

(4) After section 28 insert—

(28A) (1) The chief fire and rescue inspector for England must from time to time prepare— (a) a document setting out what inspections of fire and rescue authorities in England the English inspectors propose to carry out under section 28(A3) (an “inspection programme”); (b) a document setting out the manner in which the English inspectors propose to carry out the function conferred on them by section 28(A3) (an “inspection framework”). (2) The chief fire and rescue inspector for England must obtain the approval of the Secretary of State to an inspection programme or inspection framework before the English inspectors act in accordance with it. (3) The Secretary of State may at any time require the chief fire and rescue inspector for England to carry out, or arrange for another English inspector to carry out, an inspection under section 28(A3) of— (a) a fire and rescue authority in England; (b) all fire and rescue authorities in England; (c) all fire and rescue authorities in England of a particular type. (4) A requirement imposed under subsection (3) may limit the inspection to a particular matter. (5) The chief fire and rescue inspector for England or, at the request of that inspector, any other English inspector may carry out an inspection under section 28(A3) of a fire and rescue authority in England that has not been set out in an inspection programme (and has not been required under subsection (3)). (6) Before deciding to carry out, or to request another English inspector to carry out, an inspection of a fire and rescue authority in England that has not been set out in an inspection programme, the chief fire and rescue inspector for England must consult the Secretary of State. (7) Nothing in an inspection programme or inspection framework is to be read as preventing an English inspector from making a visit without notice. (8) In this section “English inspector” means an inspector appointed under section 28(A1).

(5) After section 28A (as inserted by subsection (4)) insert—

(28B) (1) The chief fire and rescue inspector for England must arrange for a report prepared under section 28(A3) to be published in such manner as appears to him or her to be appropriate. (2) But the chief fire and rescue inspector for England must exclude from publication under subsection (1) anything that he or she considers— (a) would be against the interests of national security, or (b) might jeopardise the safety of any person. (3) The chief fire and rescue inspector for England must— (a) send a copy of the published report to the Secretary of State, and (b) disclose to the Secretary of State anything excluded from publication by virtue of subsection (2). (4) The chief fire and rescue inspector for England must in each year submit to the Secretary of State a report on the carrying out of inspections under section 28(A3) (during the period since the last report). (5) A report under subsection (4) must include the chief fire and rescue inspector for England's assessment of the efficiency and effectiveness of fire and rescue authorities in England for the period in respect of which the report is prepared. (6) The chief fire and rescue inspector for England must lay before Parliament a copy of a report submitted under subsection (4). (7) In this section “English inspector” means an inspector appointed under section 28(A1).

(6) In Schedule A2 (application of legislation relating to police and crime commissioners) (as inserted by Schedule 1 to this Act), in paragraph 8(2) (powers of police and crime panels: modifications of section 28 of the Police Reform and Social Responsibility Act 2011), after paragraph (d) insert—

(da) the references in subsection (6) to the commissioner's functions were to the functions of the relevant fire and rescue authority that are excluded functions for the purposes of section 28(A6) of this Act (see section 28(A7)),

(7) After Schedule A2 insert the new Schedule A3 set out in Schedule 3 to this Act.

(8) A person appointed, before the coming into force of this section, under section 28 of the Fire and Rescue Services Act 2004 for the purpose of obtaining information in relation to the functions of fire and rescue authorities in England (including a person taken to have been so appointed by virtue of subsection (3) of that section) is to be taken—

(a) if an inspector, to have been appointed under subsection (A1) of that section, and

(b) if an assistant inspector or other officer, to have been appointed under subsection (A5) of that section.

Fire safety inspections

12

(1) The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.

(2) In article 2 (interpretation), in the definition of “fire inspector”—

(a) after “inspector”” insert “ , in relation to Wales, ”;

(b) for “section 28” substitute “ section 28(1) ”.

(3) In article 27 (powers of inspectors), after paragraph (4) insert—

(5) This article applies to a person authorised by the Secretary of State under article 25(1)(e) in relation to premises in England as it applies to an inspector; and article 32(2)(d) to (f), with the necessary modifications, applies accordingly.

(4) In article 28 (exercise on behalf of fire inspectors etc of their powers by officers of fire brigades)—

(a) in paragraph (1)—

(i) omit “, or any other person authorised by the Secretary of State under article 25(e),”;

(ii) for “and (3)” substitute “ to (4) ”;

(b) after paragraph (1) insert—

(1A) The powers conferred by article 27 on an authorised person (by virtue of paragraph (5) of that article) are also exercisable by an employee of a fire and rescue authority in England when authorised in writing by such an authorised person for the purpose of reporting to him or her on any matter falling within the authorised person's functions under this Order; and articles 27(2) to (4) and 32(2)(d) to (f), with the necessary modifications, apply accordingly.

;

(d) after paragraph (2) insert—

(3) In this article, “authorised person” means a person authorised by the Secretary of State under article 25(1)(e) in relation to premises in England.

Part 2 — Police complaints, discipline and inspection

CHAPTER 1 — Police complaints

Local policing bodies: functions in relation to complaints

13

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after section 13 insert—

(13A) (1) The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3). (2) The provisions specified in this subsection are— (a) paragraph 2(6) to (6D) of Schedule 3, and (b) paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule. (3) The provisions specified in this subsection are— (a) section 20, and (b) section 21 in so far as that section relates to complaints. (4) In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given— (a) the functions of the chief officer to which the notice relates become functions of the local policing body, (b) references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and (c) for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer. (5) Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a). (6) The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal. (7) Regulations under subsection (6) may (amongst other things) make provision about— (a) the steps that a local policing body must take before giving a notice; (b) the circumstances in which a notice may be withdrawn.

Definition of police complaint

14

(1) Section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies) is amended as follows.

(2) For subsection (1) substitute—

(1) In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public. (1A) But an expression of dissatisfaction is a complaint for the purposes of this Part— (a) where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B); (b) in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed. (1B) In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is— (a) a person who claims to be the person in relation to whom the conduct took place; (b) a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or (c) a person who claims to have witnessed the conduct.

(3) In subsection (3)—

(a) for “subsection (1)(b)” substitute “ subsection (1B)(b) ”;

(b) for “made by or on behalf of a person who” substitute “ where the person in question ”.

(4) After subsection (4) insert—

(4A) In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.

(5) In subsection (6), for the words before paragraph (a) substitute “ For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless— ”.

(6) Schedule 4 makes amendments of the Police Reform Act 2002 in consequence of the amendments of section 12 of that Act made by this section.

Duty to keep complainant and other interested persons informed

15

(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2) In section 20 (duty to keep the complainant informed), after subsection (3) insert—

(3A) In any case in which a complaint is being handled— (a) in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or (b) otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule), it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).

(3) In section 20, for subsection (4) substitute—

(4) The matters of which the complainant must be kept properly informed are— (a) the progress of the handling of the complaint; (b) the outcome of the handling of the complaint; (c) any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be); (d) such other matters as may be specified in regulations made by the Secretary of State. (4A) The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.

(4) In section 20, after subsection (8) insert—

(8A) In any case in which there is an investigation of a complaint, the Commission or the appropriate authority may comply with its duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted under paragraph 22 of Schedule 3, by sending the complainant a copy of the report. (8B) Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to— (a) regulations made under subsection (5), and (b) section 21A.

(5) In section 20(9), after “under this Part” insert “ , or who is otherwise involved in the handling of a complaint under this Part, ”.

(6) In section 21 (duty to provide information for other persons), after subsection (8) insert—

(8A) In any case in which— (a) the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or (b) the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf, it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).

(7) In section 21, for subsection (9) substitute—

(9) The matters of which the interested person must be kept properly informed are— (a) the progress of the handling of the complaint, recordable conduct matter or DSI matter; (b) the outcome of the handling of the complaint, recordable conduct matter or DSI matter; (c) such other matters as may be specified in regulations made by the Secretary of State. (9A) The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.

(8) In section 21, after subsection (11) insert—

(11A) In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the Commission or the appropriate authority may comply with its duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report. (11B) Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to— (a) regulations made under subsection (10), and (b) section 21A.

(9) In Schedule 3—

(a) in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), omit sub-paragraphs (4) and (9) to (12);

(b) in paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22), omit sub-paragraphs (4) and (7) to (10).

(10) In consequence of the repeal made by subsection (9)(b), Schedule 3 is further amended as follows—

(a) in paragraph 24, after sub-paragraph (6A) (as inserted by Schedule 5) insert—

(6B) It shall be the duty of the appropriate authority— (a) to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

;

(b) in paragraph 27 (duties with respect to disciplinary proceedings etc)—

(i) in sub-paragraph (1), omit paragraph (a) (including the “or” at the end);

(ii) in sub-paragraph (2)(a), omit “which has been or is required to be notified or, as the case may be,”.

(11) In consequence of the repeals made by subsection (9), omit the following—

(a) in the Criminal Justice and Immigration Act 2008, in Schedule 23, paragraph 14(7) and (8);

(b) in the Anti-social Behaviour, Crime and Policing Act 2014, in Part 3 of Schedule 11, paragraph 95(6).

Complaints, conduct matters and DSI matters: procedure

16

Schedule 5 amends Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc).

Initiation of investigations by IPCC

17

(1) Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.

(2) In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 4A ”.

(3) After paragraph 4 insert—

(4A) (1) The Commission may treat a complaint that comes to its attention otherwise than by having been referred to it under paragraph 4 as having been so referred. (2) Where the Commission treats a complaint as having been referred to it— (a) paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and (b) paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Commission by the appropriate authority under paragraph 4. (3) The Commission must notify the following that it is treating a complaint as having been referred to it— (a) the appropriate authority; (b) the complainant; (c) except in a case where it appears to the Commission that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any). (4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.

(4) In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).

(5) In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 13A ”.

(6) After paragraph 13 insert—

(13A) (1) The Commission may treat a conduct matter that comes to its attention otherwise than by having been referred to it under paragraph 13 as having been so referred. (2) Where the Commission treats a conduct matter as having been referred to it— (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 Commission by the appropriate authority under paragraph 13. (3) The Commission must notify the following that it is treating a conduct matter as having been referred to it— (a) the appropriate authority; (b) except in a case where it appears to the Commission 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.

(7) In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).

(8) In paragraph 14C (reference of DSI matters to the Commission), in sub-paragraph (3), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 14CA, ”.

(9) After paragraph 14C insert—

(14CA) (1) The Commission may treat a DSI matter that comes to its attention otherwise than by having been referred to it under paragraph 14C as having been so referred. (2) Where the Commission treats a DSI matter as having been referred to it— (a) paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and (b) paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 14C. (3) The Commission must notify the appropriate authority that it is treating a DSI matter as having been referred to it. (4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.

(10) In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act), in subsection (1), in paragraph (a) of the definition of “recordable conduct matter”, for “or 11” substitute “ , 11 or 13A ”.

IPCC power to require re-investigation

18

(1) In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after section 13A (as inserted by section 13) insert—

(13B) (1) This section applies where— (a) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Commission has been submitted to it under paragraph 22(3) or 24A of Schedule 3, or (b) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Commission has been submitted to it under paragraph 22(5) or 24A of Schedule 3. (2) The Commission may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if it is satisfied that there are compelling reasons for doing so. (3) Where the Commission makes a determination under subsection (2), it must determine that the re-investigation is to take the form of an investigation by the Commission unless subsection (4) applies, in which case the Commission must determine that the re-investigation is to take the form described in that subsection. (4) This subsection applies where the Commission determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the Commission. (5) Where— (a) the Commission determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the Commission, and (b) at any time after that the Commission determines that subsection (4) applies in relation to the re-investigation, the Commission may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the Commission. (6) Where the Commission determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the Commission, the Commission must keep under review whether subsection (4) continues to apply in relation to the re-investigation. (7) If, on such a review, the Commission determines that subsection (4) no longer applies in relation to a re-investigation, the Commission must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Commission. (8) Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph. (9) The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15. (10) The Commission shall notify the appropriate authority of any determination that it makes under this section and of its reasons for making the determination. (11) The Commission shall also notify the following of any determination that it makes under this section and of its reasons for making the determination— (a) every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the re-investigation will relate. (12) The duty imposed by subsection (11) on the Commission shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State. (13) Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section. (14) In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question. (15) The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.

(2) Part 3 of Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc: investigations and subsequent proceedings) is amended as follows.

(3) In paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), after sub-paragraph (1) insert—

(1A) But if, following the submission of such a report, the Commission determines under section 13B that the complaint or recordable conduct matter is to be re-investigated the provisions of this paragraph other than sub-paragraph (2)(a) do not apply, or cease to apply, in relation to that report.

(4) In paragraph 24A (final reports on investigations: DSI matters), after sub-paragraph (5) (as inserted by Schedule 5) insert—

(6) But sub-paragraphs (4) and (5) and paragraphs 24B and 24C do not apply, or cease to apply, in relation to a report submitted under sub-paragraph (2) if, following the submission of the report, the Commission determines under section 13B that the DSI matter is to be re-investigated.

(5) In paragraph 27 (duties with respect to disciplinary proceedings etc), after sub-paragraph (1) insert—

(1A) But where this paragraph would otherwise apply by virtue of sub-paragraph (1)(c), it does not apply, or ceases to apply, in relation to the investigation if the Commission determines under section 13B that the DSI matter is to be re-investigated.

(6) In paragraph 28B (response to recommendation by the Commission under paragraph 28A), at the end insert—

(12) This paragraph does not apply, or ceases to apply, in relation to a recommendation made by virtue of paragraph 28A(1) if the Commission determines under section 13B that the complaint, recordable conduct matter or DSI matter that the Commission received a report on is to be re-investigated.

Sensitive information received by IPCC: restriction on disclosure

19

(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2) After section 21 insert—

(21A) (1) Where the Commission receives information within subsection (3), the Commission must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. (2) Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the Commission unless the relevant authority consents to the disclosure. (3) The information is— (a) intelligence service information; (b) protected information relating to a relevant warrant; (c) information obtained from a government department which, at the time it is provided to the Commission or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority— (i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or (ii) jeopardise the safety of any person. (4) Where the Commission or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the Commission or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (5) In this section— - “government department” means a department of Her Majesty's Government but does not include— 1. the Security Service, 2. the Secret Intelligence Service, or 3. the Government Communications Headquarters (“GCHQ”); - “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to— 1. the Security Service, 2. the Secret Intelligence Service, 3. GCHQ, or 4. any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities; - “Minister of the Crown” includes the Treasury; - “paragraph 18 investigator” has the meaning given by subsection (2); - “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant; - “relevant authority” means— 1. in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service; 2. in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service; 3. in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ; 4. in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State; 5. in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed; 6. in the case of information within subsection (3)(c)— 1. the Secretary of State, or 2. the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State); - “relevant warrant” means— 1. a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or 2. a warrant under Chapter 1 of Part 6 of that Act. (21B) (1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Commission or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must— (a) make the Commission or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and (b) provide the Commission or the paragraph 18 investigator with such additional information as will enable the Commission or the paragraph 18 investigator to identify the relevant authority in relation to the information. (2) In this section, “intelligence service information”, “protected information relating to a relevant warrant”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.

(3) In Schedule 3 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings)—

(a) omit paragraph 19ZD (sensitive information: restriction on further disclosure of information received under an information notice);

(b) in paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—

(i) after sub-paragraph (6) insert—

(6A) Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.

;

(ii) in sub-paragraph (8), at the end insert “ except so far as the person is prevented from doing so by section 21A ”;

(i) in sub-paragraph (1A) (as inserted by section 18), after “sub-paragraph (2)(a)” insert “ (read with sub-paragraph (2ZA)) ”;

(ii) after sub-paragraph (2) insert—

(2ZA) Where the Commission would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the Commission must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the Commission must not disclose.

;

(d) in paragraph 24A (final reports on investigations: other DSI matters), after sub-paragraph (3) insert—

(3A) Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.

;

(e) in paragraph 24B (action by the Commission in response to an investigation report under paragraph 24A), after sub-paragraph (1) insert—

(1A) Sub-paragraph (3A) of paragraph 24A applies for the purposes of sub-paragraph (1) of this paragraph as it applies for the purposes of sub-paragraph (2)(b) of that paragraph.

Investigations by IPCC: powers of seizure and retention

20

(1) In Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings), before paragraph 19A insert—

(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). (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. (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 Commission. (2) Anything to which this paragraph applies may be retained by the Commission 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 Commission may arrange for the thing to be photographed or copied before it ceases to be retained). (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 Commission 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 Commission 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 Commission must allow the person who made the request access to it under the supervision of a member of the Commission'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 Commission 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 Commission must either— (a) allow the person who made the request access to the thing under the supervision of a member of the Commission's staff for the purpose of photographing or copying it, or (b) arrange for the thing to be photographed or copied. (5) If the Commission acts under sub-paragraph (4)(b), the Commission 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 Commission is not obliged to do anything in response to a request under sub-paragraph (2) or (3) if the Commission 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.

(2) In section 21 of the Police and Criminal Evidence Act 1984 (access and copying), at the end insert—

(10) The references to a constable in subsections (1) and (2) do not include a constable who has seized a thing under paragraph 19ZE of Schedule 3 to the Police Reform Act 2002.

References to England and Wales in connection with IPCC functions

21

(1) In section 29 of the Police Reform Act 2002 (interpretation of Part 2), at the end insert—

(8) References in sections 26, 26BA and 26C to England and Wales include the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.

(2) In section 28 of the Commissioners for Revenue and Customs Act 2005 (complaints and misconduct: England and Wales), in subsection (6), at the end insert “ , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales ”.

(3) In section 41 of the Police and Justice Act 2006 (immigration and asylum enforcement functions and customs functions: complaints and misconduct), in subsection (7), at the end insert “ , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales ”.

Oversight functions of local policing bodies

22

(1) In section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners), in subsection (8) (duty to hold chief constable to account), after paragraph (c) insert—

(ca) the exercise of the chief constable's functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

(2) In section 3 of that Act (Mayor's Office for Policing and Crime), in subsection (8) (duty to hold Commissioner of Police of the Metropolis to account), after paragraph (c) insert—

(ca) the exercise of the Commissioner's functions under Part 2 of the Police Reform Act 2002 in relation to the handling of complaints;

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