Policing and Crime Act 2017

• (3) In section 6ZA of the Police Act 1996 (power to confer particular functions on the Common Council), in subsection (2), after paragraph (a) insert—

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

.

Delegation of functions by local policing bodies

23

• (1) In section 23 of the Police Reform Act 2002 (Part 2 regulations), in subsection (2), after paragraph (p) insert—

(pa) for local policing bodies to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part (including powers and duties that are acquired by virtue of giving a notice under section 13A);

.

• (2) In section 18 of the Police Reform and Social Responsibility Act 2011 (delegation of functions by police and crime commissioners), in subsection (3), after paragraph (a) insert—

(aa) arrange, under subsection (1)(b) or (2), for the deputy police and crime commissioner or any other person to exercise a function that the police and crime commissioner has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision);

.

• (3) In section 19 of the Police Reform and Social Responsibility Act 2011 (delegation of functions by Mayor's Office for Policing and Crime), in subsection (3), after paragraph (a) insert—

(aa) arrange, under subsection (1)(b) or (2), for the Deputy Mayor for Policing and Crime or any other person to exercise a function that the Mayor's Office for Policing and Crime has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision);

.

• (4) In section 107 of the Local Government Act 1972 (application of sections 101 to 106 of that Act to the Common Council)—

• (a) in subsection (2), omit the words from the beginning to “and” in the first place it occurs;

• (b) after subsection (2) insert—

(2A) The Common Council may not, under section 101(1)(a), arrange for any person to exercise a function that the Common Council has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision).

Transfer of staff to local policing bodies

24

• (1) A local policing body may make one or more schemes for the transfer to itself from the chief officer of police of the police force maintained by the local policing body of rights and liabilities under, or in connection with, a relevant contract of employment provided that the condition in subsection (2) is satisfied in relation to each such scheme.

• (2) The condition referred to in subsection (1) is that it is desirable to make the scheme to enable the local policing body to discharge functions that are, or are to be, conferred on it under or by virtue of the Police Reform Act 2002 as a result of the amendments of that Act made by section 13 of, and paragraph 39 of Schedule 5 to, this Act.

• (3) For the purposes of this section a contract of employment is a relevant contract of employment if it is a contract of employment of a member of the civilian staff of the police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011) and the staff member is not designated under section 38 of the Police Reform Act 2002.

• (4) The local policing body must obtain the consent of the chief officer of police to the making of the scheme.

• (5) Where the chief officer of police does not consent to the making of the scheme, the local policing body may make the scheme notwithstanding subsection (4) if the Secretary of State consents to the making of the scheme.

• (6) A scheme under subsection (1) must make provision that has the same or similar effect as the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) (so far as those regulations do not apply in relation to the transfer).

CHAPTER 2 — Police super-complaints

Power to make super-complaints

25

After Part 2 of the Police Reform Act 2002 (complaints and misconduct) insert—

(29A) (1) A designated body may make a complaint to Her Majesty's Chief Inspector of Constabulary that a feature, or combination of features, of policing in England and Wales by one or more than one police force is, or appears to be, significantly harming the interests of the public. (2) See section 29B for the meaning of “designated body”. (3) In this section- - “England and Wales” includes the adjacent United Kingdom waters within the meaning of section 30 of the Police Act 1996, - “police force” means any of the following— 1. the metropolitan police force, 2. a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London), 3. the National Crime Agency, 4. the City of London police force, 5. the Ministry of Defence Police, 6. the Civil Nuclear Constabulary, 7. the British Transport Police.

Bodies who may make super-complaints

26

In Part 2A of the Police Reform Act 2002, after section 29A (for which see section 25 above), insert—

(29B) (1) In this Part “designated body” means a body designated in regulations made by the Secretary of State. (2) The Secretary of State— (a) may make or revoke such a designation if the Secretary of State considers it appropriate to do so, and (b) must make or revoke such a designation if asked to do so by an authorised person. (3) The Secretary of State must, in deciding whether to act under subsection (2)(a), apply criteria specified or described in regulations made by the Secretary of State. (4) The authorised person must, in deciding whether to ask the Secretary of State to act under subsection (2)(b), apply criteria specified or described in regulations made by the Secretary of State. (5) The Secretary of State must, before making regulations under subsection (3) or (4), consult such persons as the Secretary of State considers appropriate. (6) In this section “authorised person” means any person specified or described in regulations made by the Secretary of State.

Regulations about super-complaints

27

• (1) In Part 2A of the Police Reform Act 2002, after section 29B (for which see section 26 above), insert—

(29C) (1) The Secretary of State may by regulations make provision about complaints under section 29A. (2) Such provision may, in particular, include provision about— (a) the procedure for dealing with a matter before a complaint is made under section 29A (including who is to deal with the matter), (b) the procedure for dealing with a complaint under section 29A (including who is to deal with the matter), (c) whether, or the extent to which, a matter is to be dealt with under this Part or Part 2. (3) Regulations under this section may— (a) confer (or enable the conferring of) functions on Her Majesty's Chief Inspector of Constabulary, the Independent Police Complaints Commission, the College of Policing or any other person, (b) apply (with or without modifications), in relation to any matter to be dealt with by the Independent Police Complaints Commission under this Part, any provision made by or under Part 2.

• (2) After section 10(3) of that Act (general functions of the Commission) insert—

(3A) The Commission also has any functions conferred on it by regulations under section 29C of this Act (regulations about super-complaints).

CHAPTER 3 — Whistle-blowing: power of IPCC to investigate

Investigations by the IPCC: whistle-blowing

28

• (1) After Part 2A of the Police Reform Act 2002 (for which see sections 25 to 27 above) insert—

(29D) (1) The Commission may investigate any concern raised by a whistle-blower of which it becomes aware (whether because the whistle-blower has contacted the Commission or for any other reason) but only if the whistle-blower informs the Commission, before the beginning of the investigation, that he or she consents to an investigation taking place. (2) In deciding whether to investigate, the Commission must take into account the public interest. (3) For the purposes of this Part, a person is a “whistle-blower” if— (a) the person is, or was at any time, under the direction and control of a chief officer of police, (b) the person raises a concern that is about a police force or a person serving with the police, (c) the matter to which the concern relates is not— (i) about the conditions of service of persons serving with the police, or (ii) a matter that is, or could be, the subject of a complaint by the person under Part 2, and (d) at the time the Commission first becomes aware of the concern, the matter to which it relates is not— (i) under investigation under the direction of the Commission in accordance with paragraph 18 of Schedule 3, (ii) under investigation by the Commission in accordance with paragraph 19 of that Schedule, (iii) being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or (iv) under investigation under this Part. (4) Subsection (1) is subject to section 29F (which deals with the position where the concern is a conduct matter for the purposes of Part 2) and to section 29G (which deals with the position where the concern is a DSI matter for the purposes of that Part). (5) Schedule 3A (which makes provision about the procedure etc where the Commission decides to investigate under subsection (1)) has effect. (29E) (1) If the Commission decides not to carry out an investigation under section 29D(1), the Commission must inform the whistle-blower of the decision. (2) In such a case, the Commission may, with the consent of the whistle-blower— (a) disclose the nature of the concern to the appropriate authority, and (b) make recommendations in the light of the concern. (3) In this Part, except where otherwise provided, “appropriate authority” means— (a) if the concern relates to a chief officer or an acting chief officer, the local policing body for the area of the police force of which he or she is a member; (b) if the concern relates to any other person, the chief officer under whose direction and control that person is; (c) if the concern does not relate to any particular persons, the chief officer of the police force to which the concern relates. (4) The Secretary of State may by regulations make further provision about recommendations under subsection (2). (5) The regulations may (amongst other things)— (a) describe the kinds of recommendations that the Commission may make under subsection (2); (b) specify the persons to whom the recommendations may be made; (c) authorise the Commission to require a response to any recommendation made by the Commission under subsection (2). (29F) (1) Before deciding whether to carry out an investigation under section 29D(1), the Commission must consider whether the concern is about a conduct matter for the purposes of Part 2 (see section 12(2)). (2) If the Commission determines that the concern is about a conduct matter for the purposes of Part 2— (a) it may not carry out an investigation under section 29D(1), and (b) it must notify the appropriate authority in relation to the person whose conduct is in question of its determination. (3) Where the appropriate authority in relation to the person whose conduct is in question is notified under subsection (2), it must record the matter under paragraph 11 of Schedule 3 to this Act as a conduct matter. (4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a conduct matter that, in accordance with subsection (3), is recorded under paragraph 11 of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers. (29G) (1) Before deciding whether to carry out an investigation under section 29D(1), the Commission must consider whether the concern is about a death or serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section 12(2A)). (2) If the Commission determines that the concern is about a DSI matter for the purposes of Part 2— (a) it may not carry out an investigation under section 29D(1), and (b) it must notify the appropriate authority in relation to the DSI matter. (3) Where the appropriate authority in relation to the DSI matter is notified under subsection (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter. (4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a DSI matter that, in accordance with subsection (3), is recorded under paragraph 14A of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers. (5) In this section, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29). (29H) (1) The power of the Commission to carry out an investigation under section 29D(1) applies where the whistle-blower dies before the Commission becomes aware of the concern (or before it decides to investigate). (2) Any investigation begun by the Commission under section 29D(1) before the death of the whistle-blower may be continued after the death. (3) Where a whistle-blower dies— (a) any requirement under this Part to obtain the consent of the whistle-blower may be satisfied by obtaining the consent of that person's approved representative; (b) any requirement under this Part to give any document or other information to the whistle-blower may be satisfied by giving the document or other information to the person's approved representative; (c) any requirement under this Part not to disclose the identity of the whistle-blower does not apply or (where the Commission became aware of the concern before the death) ceases to apply. (4) For the purpose of this section, “approved representative” means a person who has been approved by the Commission for the purposes of this Part. (5) The Commission may only approve a person who is— (a) the widow or widower (or surviving civil partner) of the deceased whistle-blower, (b) a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or (c) any other person appearing to the Commission to have, by reason of a family or similar relationship with the deceased whistle-blower, a relevant interest in the outcome of the concern. (29I) (1) Where the Commission carries out an investigation under section 29D(1), it must keep the whistle-blower properly informed about the progress of the investigation and its outcome. (2) The Secretary of State may by regulations provide for exceptions to the duty under subsection (1). (3) The power conferred by subsection (2) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes. (4) “The permitted non-disclosure purposes” are— (a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings; (b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure— (i) is in the interests of national security, (ii) is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders, (iii) is for the purposes of the investigation of an allegation of misconduct against the whistle-blower or the taking of disciplinary proceedings or other appropriate action in relation to such an allegation, (iv) is for the purposes of an investigation under Part 2 that relates to the whistle-blower, (v) is required on proportionality grounds, or (vi) is otherwise necessary in the public interest. (5) The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure. (29J) (1) The Secretary of State may by regulations make provision setting out the circumstances in which the Commission is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations. (2) The information falling within this subsection is— (a) the identity of a whistle-blower or information that might (whether alone or with other information) tend to reveal that identity; (b) the nature of a concern raised by a whistle-blower. (3) The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes. (4) “The permitted disclosure purposes” are— (a) the protection of the interests of national security; (b) the prevention or detection of crime or the apprehension of offenders; (c) the institution or conduct of criminal proceedings; (d) the investigation of allegations of misconduct against whistle-blowers and the taking of disciplinary proceedings or other appropriate action in relation to such allegations; (e) investigations under Part 2 that relate to whistle-blowers; (f) investigations under this Part; (g) any other purpose that is for the protection of the public interest. (5) Except as provided by regulations under subsection (1) or by any other provision of this Part, the Commission may not disclose information falling within subsection (2) unless the whistle-blower consents to the disclosure. (29K) (1) The Secretary of State may by regulations make provision setting out the circumstances in which the Commission is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations. (2) The information falling within this subsection is— (a) information relating to an investigation under section 29D; (b) information relating to the outcome of any such investigation. (3) The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes. (4) In this section, “the permitted disclosure purposes” has the same meaning as in section 29J. (5) Except as provided by regulations under subsection (1) or by any other provision of this Part, the Commission may not disclose information falling within subsection (2). (29L) (1) The following provisions of Part 2 apply in relation to the functions of the Commission under this Part as they apply in relation to the functions of the Commission under Part 2— (a) section 15 (general duties of local policing bodies, chief officers and inspectors); (b) section 16 (payment for assistance with investigation); (c) section 17 (provision of information to the Commission); (d) section 18 (inspection of police premises on behalf of the Commission); (e) section 19 (use of investigatory powers by or on behalf of the Commission); (f) section 21A (restriction on disclosure of sensitive information); (g) section 21B (provision of sensitive information to the Commission); (h) section 22 (power of the Commission to issue guidance); (i) section 26 (forces maintained otherwise than by local policing bodies); (j) section 26BA (College of Policing); (k) section 26C (the National Crime Agency). (2) Except as provided by subsection (1), the provision made by sections 15 to 29 of Part 2 does not apply in relation to the functions of the Commission under this Part. (29M) Before making regulations under this Part, the Secretary of State must consult— (a) the Commission, (b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners, (c) the Mayor's Office for Policing and Crime; (d) the Common Council, (e) the National Police Chiefs' Council, and (f) such other persons as the Secretary of State thinks fit. (29N) (1) In this Part— - “the Commission” means the Independent Police Complaints Commission; - “appropriate authority” has the meaning given by section 29E(3); - “chief officer” means the chief officer of police of any police force; and “acting chief officer” means (as appropriate)— 1. a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011, 2. a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or 3. a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839; - “conduct” has the same meaning as in Part 2 (see section 29(1)); - “whistle-blower” has the meaning given by section 29D(3). (2) References in this Part to a person serving with the police have the same meaning as in Part 2 (see section 12(7)).

• (2) After Schedule 3 to the Police Reform Act 2002 insert the new Schedule 3A set out in Schedule 6 to this Act.

• (3) In section 10 of that Act, after subsection (3A) (for which see section 27 above), insert—

(3B) The Commission also has the functions which are conferred on it by Part 2B (whistle-blowing).

• (4) In section 105 of that Act, in subsection (5), after “Part 2” insert “ or 2B ”.

• (5) In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), in subsection (3)(b), after “Part 2” insert “ or 2B ”.

CHAPTER 4 — Police discipline

Disciplinary proceedings: former members of police forces and former special constables

29

• (1) The Police Act 1996 is amended as follows.

• (2) In section 50 (regulations for police forces), after subsection (3) (regulations concerning disciplinary proceedings) insert—

(3A) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (3) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where— (a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the Independent Police Complaints Commission, (b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of a police force, and (c) condition A, B or C is satisfied in relation to the person. (3B) Condition A is that the person ceases to be a member of a police force after the allegation first comes to the attention of a person mentioned in subsection (3A)(a). (3C) Condition B is that the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a) but the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) does not exceed the period specified in regulations under this section. (3D) Condition C is that— (a) the person had ceased to be a member of a police force before the allegation first came to the attention of a person mentioned in subsection (3A)(a), (b) the period between the person having ceased to be a member of a police force and the allegation first coming to the attention of a person mentioned in subsection (3A)(a) exceeds the period specified for the purposes of condition B, and (c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of a police force. (3E) Regulations made by virtue of subsection (3A) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the Independent Police Complaints Commission determines that taking such proceedings would be reasonable and proportionate having regard to— (a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness, (b) the impact of the allegation on public confidence in the police, and (c) the public interest. (3F) Regulations made by virtue of subsection (3A) may make provision about matters to be taken into account by the Independent Police Complaints Commission for the purposes of subsection (3E)(a) to (c). (3G) Regulations made by virtue of subsection (3A) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations. The period specified must begin with the date when the person ceased to be a member of a police force.

• (3) In section 51 (regulations for special constables), after subsection (2A) (regulations concerning disciplinary proceedings) insert—

(2B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (2A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where— (a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of a chief officer of police, a local policing body or the Independent Police Complaints Commission, (b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a special constable, and (c) condition A, B or C is satisfied in relation to the person. (2C) Condition A is that the person ceases to be a special constable after the allegation first comes to the attention of a person mentioned in subsection (2B)(a). (2D) Condition B is that the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a) but the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) does not exceed the period specified in regulations under this section. (2E) Condition C is that— (a) the person had ceased to be a special constable before the allegation first came to the attention of a person mentioned in subsection (2B)(a), (b) the period between the person having ceased to be a special constable and the allegation first coming to the attention of a person mentioned in subsection (2B)(a) exceeds the period specified for the purposes of condition B, and (c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a special constable. (2F) Regulations made by virtue of subsection (2B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the Independent Police Complaints Commission determines that taking such proceedings would be reasonable and proportionate having regard to— (a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness, (b) the impact of the allegation on public confidence in the police, and (c) the public interest. (2G) Regulations made by virtue of subsection (2B) may make provision about matters to be taken into account by the Independent Police Complaints Commission for the purposes of subsection (2F)(a) to (c). (2H) Regulations made by virtue of subsection (2B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or under the Police Reform Act 2002) that begins within the period specified in the regulations. The period specified must begin with the date when the person ceased to be a special constable.

• (4) In section 84 (representation etc at disciplinary and other proceedings)—

• (a) in subsection (1)—

• (i) after “50(3)” insert “ or (3A) ”;

• (ii) after “51(2A)” insert “ or (2B) ”;

• (b) in subsection (4)—

• (i) in the definition of “the officer concerned”, after “constable” insert “ or, as the case may be, the former member of a police force or the former special constable, ”;

• (ii) in the definition of “relevant authority”, after “authority”” insert “ , in relation to proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A), ”;

• (iii) after the definition of “relevant authority” insert—

“relevant authority”, in relation to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means— (a) where the officer concerned is a former member of a police force (other than a former chief officer of police), or a former special constable, the chief officer of police of the police force of which the officer was last a member, or for which the officer was last appointed as a special constable; (b) where the officer concerned is a former chief officer of police, the local policing body for the police force of which the officer was last a member;

.

• (5) In section 85 (appeals against dismissal etc), in subsection (1), after “constable” insert “ , or a former member of a police force or a former special constable, ”.

• (6) In Schedule 6 (appeals to Police Appeals Tribunals), in paragraph 10—

• (a) in paragraph (b), before “means” insert “ , except in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), ”;

• (b) after paragraph (b) insert—

(ba) the relevant local policing body”, in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains— (i) the police force of which the appellant was last a member, or (ii) the police force for the area for which the appellant was last appointed as a special constable, as the case may be.

• (7) Regulations made in pursuance of section 50(3A) or 51(2B) of the Police Act 1996 (as inserted by subsections (2) and (3))—

• (a) may not make provision in relation to a person who ceases to be a member of a police force or a special constable (as the case may be) before the coming into force of subsections (2) and (3);

• (b) may make provision in relation to a person who ceases to be a member of a police force or a special constable (as the case may be) after the coming into force of this section even though the alleged misconduct, inefficiency or ineffectiveness occurred at a time before the coming into force of subsections (2) and (3), but only if the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of a police force or a special constable.

• (8) Schedule 7 makes amendments of the Ministry of Defence Police Act 1987, the Railways and Transport Safety Act 2003 and the Energy Act 2004 which produce an equivalent effect to the amendments made by this section.

Police barred list and police advisory list

30

• (1) After Part 4 of the Police Act 1996, insert the Part set out in Schedule 8 to this Act.

• (2) In consequence of the new Part 4A of the Police Act 1996 (as inserted by Schedule 8), the Police Reform and Social Responsibility Act 2011 is amended as follows.

• (3) In section 42 (appointment of Commissioner of Police of the Metropolis), after subsection (3A) insert—

(3AA) But a person who would be eligible for appointment by virtue of subsection (3A) is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

• (4) In section 43 (Deputy Commissioner of Police of the Metropolis), after subsection (3) insert—

(3A) The Secretary of State may not recommend to Her Majesty that She appoint a person as the Deputy Commissioner of Police of the Metropolis unless that person is eligible for appointment. (3B) A person is not eligible for appointment at a time when the person is included in the police barred list maintained under section 88B of the Police Act 1996.

• (5) In Part 1 of Schedule 8 (appointment of Chief Constables), in paragraph 1—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) The police and crime commissioner also has duties under section 88C of the Police Act 1996 (effect of inclusion in police barred list) in relation to the appointment of a chief constable.

• (6) The Secretary of State may by regulations made by statutory instrument make provision that—

• (a) corresponds or is similar to that made by or under Part 4A of the Police Act 1996 (as inserted by Schedule 8), and

• (b) relates to a person who is, or has been, employed or appointed by a person with functions of a public nature exercisable in, or in relation to, England and Wales that relate to policing or law enforcement (other than a chief officer of police or a local policing body, within the meaning of the Police Act 1996).

• (7) A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

Appeals to Police Appeals Tribunals

31

• (1) Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals) is amended as follows.

• (2) In paragraph 1 (appeal by a senior officer), in sub-paragraph (1), in the words before paragraph (a), for “Secretary of State” substitute “ relevant person ”.

• (3) In paragraph 2 (appeal by a member of a police force other than a senior officer or by a special constable), in sub-paragraph (1)—

• (a) in the words before paragraph (a), for “relevant local policing body” substitute “ relevant person ”;

• (b) omit paragraph (d);

• (c) at the end insert—

(e) one shall be a lay person.

• (4) After paragraph 2 insert—

(2A) (1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State. (2) Rules under sub-paragraph (1) may make— (a) different provision for different cases and circumstances; (b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal. (3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In paragraph 10 (interpretation)—

• (a) after paragraph (a) insert—

(aa) lay person” means a person who is not, and has never been— (i) a member of a police force or a special constable, (ii) a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(4) and (6) of that Act), (iii) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London, (iv) a police and crime commissioner, (v) a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(3) and (5) of that Act), (vi) a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8) (see section 99 of that Act), (vii) a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, (viii) a member of the British Transport Police Force or a special constable appointed under section 25 of the Railways and Transport Safety Act 2003, (ix) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003, (x) a member of the Ministry of Defence Police, (xi) a person (other than a member of the Ministry of Defence Police) who is under the direction and control of the chief constable for the Ministry of Defence Police, (xii) a member of the Civil Nuclear Constabulary, or (xiii) an employee of the Civil Nuclear Police Authority appointed under paragraph 6 of Schedule 10 to the Energy Act 2004,

;

• (b) omit sub-paragraph (c).

• (6) In consequence of the other provision made by this section—

• (a) in the Criminal Justice and Immigration Act 2008, in Part 1 of Schedule 22, omit paragraph 11(6)(b);

• (b) in the Police Reform and Social Responsibility Act 2011, in Part 1 of Schedule 16, omit paragraph 47(2)(b).

Guidance concerning disciplinary proceedings and conduct etc

32

• (1) Section 87 of the Police Act 1996 (guidance concerning disciplinary proceedings etc) is amended as follows.

• (2) For subsections (1) to (1A) substitute—

(1) The Secretary of State may issue guidance as to the discharge of their disciplinary functions to— (a) local policing bodies, (b) chief officers of police, (c) other members of police forces, (d) civilian police employees, and (e) the Independent Police Complaints Commission.

• (3) Before subsection (2) insert—

(1B) The College of Policing may, with the approval of the Secretary of State, issue guidance to the persons mentioned in subsection (1)(a) to (c) as to the discharge of their disciplinary functions in relation to members of police forces and special constables and former members of police forces and former special constables.

• (4) After subsection (4) insert—

(4A) In this section “disciplinary functions” means— (a) functions in relation to the conduct, efficiency and effectiveness of, and the maintenance of discipline of, the following persons (including functions in relation to disciplinary proceedings)— (i) members of police forces; (ii) special constables; (iii) civilian police employees; (b) functions in relation to disciplinary proceedings against persons who were, but have ceased to be, persons falling within paragraph (a).

• (5) For subsection (5) substitute—

(5) In this section— - “civilian police employee” means— 1. a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or 2. a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London; - “disciplinary proceedings”— 1. in relation to a member of a police force or a special constable, or a former member of a police force or a former special constable, means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations; 2. in relation to any other person, means any proceedings identified as disciplinary proceedings by regulations made by the Secretary of State for the purposes of this section.

• (6) After subsection (5) insert—

(6) A statutory instrument containing regulations under paragraph (b) of the definition of “disciplinary proceedings” in subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) After section 87 of the Police Act 1996 insert—

(87A) (1) The Secretary of State may issue guidance as to matters of conduct, efficiency and effectiveness to— (a) members of police forces, (b) special constables, and (c) civilian police employees. (2) The College of Policing may, with the approval of the Secretary of State, issue guidance of the type described in subsection (1) to the persons mentioned in paragraphs (a) and (b) of that subsection. (3) It shall be the duty of every person to whom any guidance under this section is issued to have regard to the guidance. (4) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings brought against the person. (5) In this section “civilian police employees” and “disciplinary proceedings” have the same meaning as in section 87.

CHAPTER 5 — IPCC: re-naming and organisational change

Independent Office for Police Conduct

33

• (1) The body corporate known as the Independent Police Complaints Commission—

• (a) is to continue to exist, and

• (b) is to be known instead as the Independent Office for Police Conduct.

• (2) Section 9 of the Police Reform Act 2002 (which established the Independent Police Complaints Commission) is amended in accordance with subsections (3) to (8).

• (3) For the heading substitute “ The Independent Office for Police Conduct ”.

• (4) For subsection (1) substitute—

(1) The body corporate previously known as the Independent Police Complaints Commission— (a) is to continue to exist, and (b) is to be known instead as the Independent Office for Police Conduct.

• (5) For subsection (2) substitute—

(2) The Office is to consist of— (a) a Director General appointed by Her Majesty, and (b) at least six other members. (2A) The other members must consist of— (a) persons appointed as non-executive members (see paragraph 1A of Schedule 2), and (b) persons appointed as employee members (see paragraph 1B of that Schedule), but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.

• (6) In subsection (3)—

• (a) for “chairman of the Commission” substitute “ Director General ”;

• (b) omit “, or as another member of the Commission,”.

• (7) In subsection (5)—

• (a) for “The Commission shall not—” substitute “ Neither the Office nor the Director General shall— ”;

• (b) for “Commission's” substitute “Office's”.

• (8) In subsection (6) for “Commission” substitute “ Office ”.

• (9) Schedule 9 makes further provision in relation to the Independent Office for Police Conduct.

Exercise of functions

34

• (1) Section 10 of the Police Reform Act 2002 (general functions of the Commission) is amended in accordance with subsections (2) to (5) (see also paragraph 17 of Schedule 9 for further minor and consequential amendments).

• (2) For “Commission”, in each place except as otherwise provided by subsection (5) (including in the heading and in provisions inserted by amendments made by this Act), substitute “ Director General ”.

• (3) In subsection (2)—

• (a) in paragraph (a), at the end insert “ or other concerns raised by virtue of Part 2B (whistle-blowing) ”;

• (b) in paragraph (c), after “complaints” insert “ or other concerns ”.

• (4) After subsection (5) insert—

(5A) In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).

• (5) In subsection (7), for “Commission”, in the first place it occurs, substitute “ Office ”.

• (6) After that section insert—

(10A) (1) The functions of the Office are— (a) to secure that the Office has in place appropriate arrangements for good governance and financial management, (b) to determine and promote the strategic aims and values of the Office, (c) to provide support and advice to the Director General in the carrying out of the Director General's functions, and (d) to monitor and review the carrying out of such functions. (2) The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made). (3) The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). (4) In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. (5) The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions. (10B) The Director General and the Office must carry out their functions efficiently and effectively. (10C) (1) The Director General and the Office must jointly— (a) prepare a strategy for the carrying out of their functions, and (b) review the strategy (and revise it as appropriate) at least once every 12 months. (2) The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period. (3) The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office. (4) The Director General and the Office must each give effect to the strategy in carrying out their functions. (5) The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect). (6) In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy. (10D) (1) The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office. (2) In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions. (3) The code must include provision as to the following— (a) how the strategy required by section 10C is to be prepared, reviewed and revised; (b) the matters to be covered by the strategy and the periods to be covered by it from time to time; (c) how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office; (d) the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General; (e) the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so; (f) how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2). (4) The Code may include whatever other provision the Director General and the Office think appropriate. (5) The Director General and the Office must jointly review the code regularly and revise it as appropriate. (6) The Director General and the Office must each comply with the code. (7) The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).

Public records

35

• (1) In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, insert at the appropriate place—

Independent Office for Police Conduct.

• (2) The records that become public records for the purposes of that Act as a result of the amendment made by subsection (1) include all records of the Independent Office for Police Conduct of the kind mentioned in paragraph 3(1) of Schedule 1 to that Act (whether created before or after the coming into force of this section, and whether created under that name or under the name of the Independent Police Complaints Commission).

• (3) If the amendment made by subsection (1) comes into force before subsection (1) of section 33 comes into force, the reference in that amendment to the Independent Office for Police Conduct is, until subsection (1) of that section comes into force, to be read as a reference to the Independent Police Complaints Commission.

CHAPTER 6 — Inspection

Powers of inspectors to obtain information, access to police premises etc

36

• (1) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), for paragraphs 6A and 6B substitute—

(6A) (1) An inspector may serve on a person a notice requiring the person— (a) to provide the inspector with any information or documents that the inspector reasonably requires for the purposes of an inspection under section 54; (b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for those purposes. This is subject to sub-paragraphs (6) to (9). (2) A notice under this paragraph must— (a) specify or describe the information, documents, evidence or other things that are required by the inspector; (b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up; (c) where the notice is served on a person who has a right of appeal under paragraph 6D, give details of that right of appeal. (3) In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought. (4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up. (5) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served. (6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from— (a) the Security Service, (b) the Secret Intelligence Service, (c) the Government Communications Headquarters, (d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities, (e) the Crown Prosecution Service, (f) the Service Prosecuting Authority, or (g) the Serious Fraud Office. (7) A notice under this paragraph must also not be used to obtain information, or any document or other thing, from any person if— (a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (6), or (b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph. (8) A notice under this paragraph must not require a person— (a) to provide information that might incriminate the person; (b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act); (c) to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016; (d) to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information. (9) A notice under this paragraph must not require a postal or telecommunications operator to provide communications data. (10) In sub-paragraph (9), “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act). (11) In this paragraph— - “document” means anything in which information of any description is recorded; - “inspector” means— 1. an inspector of constabulary, 2. a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or 3. a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph. (6B) (1) An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to— (a) premises that are occupied (wholly or partly) for the purposes of— (i) a police force, (ii) a local policing body, (iii) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or (iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and (b) documents and other things on those premises. (2) A notice under this paragraph must— (a) specify or describe the premises to which the inspector requires access; (b) specify the time when access is required (which may be immediately after the service of the notice). (3) Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds. (4) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served. (5) In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph). (6C) (1) If a person who has received a notice under paragraph 6A or 6B— (a) fails or refuses without reasonable excuse to do what is required by the notice, or (b) (in the case of a notice under paragraph 6A) knowingly or recklessly provides information in response to the notice that is false in a material respect, the chief inspector of constabulary may certify in writing to the High Court that the person has failed to comply with the notice. (2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court. (6D) (1) A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law. (2) The right of appeal conferred by sub-paragraph (1) does not apply where the notice is served on a person who is— (a) a member of a police force; (b) a special constable; (c) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011); (d) a local policing body or a person employed by a local policing body; (e) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of a police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions; (f) a person employed by a person providing services as mentioned in paragraph (e); (g) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force. (3) If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal. (4) If the Tribunal considers that the notice is not in accordance with the law— (a) it must quash the notice, and (b) it may give directions regarding the service of a further notice under paragraph 6A. (6E) (1) Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. (2) 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 inspector, 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. (3) Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (4) A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another. (5) In this paragraph— - “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”); - “inspector” means— 1. an inspector of constabulary, 2. a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or 3. a person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise); - “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; - “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 sub-paragraph (2)(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. (6F) (1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to an inspector (whether under a provision of this Schedule or otherwise) must— (a) make the inspector 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 inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information. (2) In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.

• (2) Omit section 86 of the Police Reform and Social Responsibility Act 2011 (which is spent as a result of subsection (1) above).

Inspectors and inspections: miscellaneous

37

• (1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), after subsection (6) insert—

(7) For the purposes of this section, a police force includes— (a) staff appointed by the chief officer of police of the police force; (b) staff appointed by a local policing body if, or to the extent that, they are employed to assist the police force; (c) persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of police of the police force or its local policing body), to assist the police force in relation to the discharge of its chief officer's functions; (d) any other persons if, or to the extent that, they are engaged by virtue of any enactment in carrying out the activities of the police force.

• (2) In section 55 of that Act (publication of reports of inspections), after subsection (5) insert—

(5A) The comments of the local policing body, together with any comments submitted by the chief officer of police and any response to those comments by the local policing body, must be published before the end of the period of 56 days beginning with the day on which the report is published. (5B) If the published report includes a recommendation, the comments of the local policing body must include an explanation of— (a) the action the local policing body has taken or proposes to take in response to the recommendation, or (b) why the local policing body has not taken, or does not propose to take, any action in response.

• (3) In that section, in subsection (6), for the words after “subsection (5)” substitute

to— (a) the inspectors of constabulary, and (b) the Secretary of State.

• (4) In section 56 of that Act (assistant inspectors and staff officers), in subsections (1) and (2), for “Secretary of State” substitute “ chief inspector of constabulary ”.

• (5) In paragraph 2 of Schedule 4A to that Act (inspection programmes and inspection frameworks)—

• (a) in sub-paragraph (1)(a), for “he proposes” substitute “ the inspectors of constabulary propose ”;

• (b) in sub-paragraph (1)(b), for “he proposes to carry out his” substitute “ they propose to carry out their ”;

• (c) after sub-paragraph (5) insert—

(6) The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)). (7) Before deciding to carry out, or to request another inspector to carry out, an inspection that has not been set out in an inspection programme, the chief inspector of constabulary must consult — (a) the Secretary of State, and (b) the local policing body for the police force to which the inspection relates.

• (6) In Schedule 6 to the Crime and Courts Act 2013 (inspection and complaints), in paragraph 4, after sub-paragraph (1) insert—

(1A) The comments must be published before the end of the period of 56 days beginning with the day on which the HMIC report is published by the Secretary of State. (1B) If the HMIC report includes a recommendation, the comments must include an explanation of— (a) the action the Director General has taken or proposes to take in response to the recommendation, or (b) why the Director General has not taken, or does not propose to take, any action in response.

Part 3 — Police workforce and representative institutions

CHAPTER 1 — Police workforce

Powers of police civilian staff and volunteers

Powers of police civilian staff and police volunteers

38

• (1) Chapter 1 of Part 4 of the Police Reform Act 2002 (exercise of police powers etc by civilians) is amended as follows.

• (2) In section 38 (police powers for civilian staff), for subsections (1) and (2) substitute—

(1) The chief officer of police of any police force may designate a relevant employee as either or both of the following— (a) a community support officer; (b) a policing support officer. (1A) The chief officer of police of any police force may designate a police volunteer as either or both of the following— (a) a community support volunteer; (b) a policing support volunteer.

• (3) In that section, omit subsections (5A) to (6A).

• (4) In that section, before subsection (7) insert—

(6B) The powers and duties that may be conferred or imposed on a person designated under this section are— (a) any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties); (b) where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer. (6C) The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it. (6D) Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section. (6E) Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person— (a) in the area of that police force, and (b) in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force. (6F) A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated— (a) in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force); (b) only in such parts of the area of that police force as are specified in the designation; (c) only in cases or circumstances so specified.

• (5) In that section, after subsection (7) insert—

(7A) A police volunteer authorised or required to do anything by virtue of a designation under this section — (a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer; (b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.

• (6) In that section, after subsection (9) insert—

(9A) The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation. (9B) However, subsection (9A) does not apply to— (a) the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances— (i) the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile; (ii) the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide; (b) the use of a weapon for a purpose specified in regulations made by the Secretary of State; (c) the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.

• (7) In that section, after subsection (9B) (as inserted by subsection (6) above) insert—

(9C) A statutory instrument containing regulations under subsection (6C) or (9B)(b) or (c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (8) In that section, at the end insert—

(12) In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee. (13) For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.

• (9) In the heading to section 38, after “civilian staff” insert “ and volunteers ”.

• (10) Omit section 38A (standard powers and duties of community support officers).

• (11) After Schedule 3 insert —

• (a) the new Schedule 3B set out in Schedule 10 to this Act, and

• (b) (after that new Schedule) the new Schedule 3C set out in Schedule 11 to this Act.

Application of Firearms Act 1968 to the police: special constables and volunteers

39

• (1) The Firearms Act 1968 is amended as follows.

• (2) In section 54 of that Act (Application of Parts 1 and 2 to Crown servants), in subsection (3)—

• (a) after paragraph (b) insert—

(ba) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 by the chief constable of a police force in England and Wales,

;

• (b) after paragraph (f) insert

, or (g) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 (as it applies by virtue of section 28 of the Railways and Transport Safety Act 2003) by the Chief Constable of the British Transport Police Force.

• (3) In section 57 of that Act (interpretation), in subsection (4), after the definition of “imitation firearm” insert—

“member of a police force” means— (a) as respects England and Wales, a constable who is a member of a police force or a special constable appointed under section 27 of the Police Act 1996; (b) as respects Scotland, a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8); “member of the British Transport Police Force” includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003;

.

Training etc of police volunteers

40

• (1) After section 53E of the Police Act 1996 (guidance about civilian staff employed by local policing bodies and chief officers) insert—

(53F) (1) The College of Policing may issue guidance to chief officers of police about— (a) the experience or qualifications that it would be appropriate for a person to have before being designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002; (b) the training to be undertaken by a person before being so designated or after being so designated. (2) The College may from time to time revise the whole or any part of any guidance issued under this section. (3) The College must publish any guidance issued under this section and any revision of it. (4) Each chief officer of police must have regard to guidance issued under this section.

• (2) In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces about police training etc), in subsection (6)(c)—

• (a) omit the “or” at the end of sub-paragraph (ii);

• (b) after sub-paragraph (iii) insert

or (iv) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

Police volunteers: complaints and disciplinary matters

41

• (1) In section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies), in subsection (7) (what it means to be a person serving with the police)—

• (a) omit the “or” at the end of paragraph (b);

• (b) at the end of paragraph (c) insert

; or (d) he is a person designated as a community support volunteer or a policing support volunteer under section 38.

• (2) In section 87 of the Police Act 1996 (guidance concerning disciplinary proceedings etc), in subsection (4A)(a) (as inserted by section 32), after sub-paragraph (iii) insert—

(iv) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;

.

• (3) In section 87A of the Police Act 1996 (guidance concerning conduct etc) (as inserted by section 32), in subsection (1)—

• (a) omit the “and” at the end of paragraph (b);

• (b) at the end of paragraph (c) insert

, and (d) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002.

• (4) In Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals), in paragraph 10(aa) (as inserted by section 31), after paragraph (iii) insert—

(iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,

.

Police volunteers: police barred list and police advisory list

42

• (1) Part 4A of the Police Act 1996 (police barred list and police advisory list) (as inserted by Schedule 8) is amended as follows.

• (2) In section 88C (effect of inclusion in police barred list), at the end insert—

(9) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is a barred person. (10) A chief officer of police may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

• (3) In section 88I (duty to report resignations and retirements to College of Policing)—

• (a) in the heading, after “retirements” insert “ etc ”;

• (b) in subsection (1), after paragraph (b) insert—

(c) the person's designation as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 is withdrawn and the reason, or one of the reasons, for the withdrawal of the designation relates to conduct, efficiency or effectiveness; (d) the person, having been designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, decides to stop volunteering as a police volunteer (within the meaning of that section) after a relevant allegation about the person comes to the attention of the relevant authority.

;

• (c) in subsection (4), after paragraph (d) insert—

(e) in relation to a person falling within subsection (1)(c) or (d), the chief officer of police by whom the person was designated.

;

• (d) in subsection (6)(b), at the end insert “ or (as the case may be) the person's designation as a community support volunteer or a policing support volunteer being withdrawn if the person had not decided to stop volunteering ”.

• (4) In section 88K (effect of inclusion in police advisory list), at the end insert—

(8) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is included in the police advisory list.

• (5) In section 88L (removal from police advisory list), in subsection (7)—

• (a) the words from “a person who,” to the end of the subsection become paragraph (a);

• (b) after that paragraph insert—

(b) a person who was designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

Police volunteers: inspection

43

• (1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), in subsection (7) (as inserted by section 37), after paragraph (a) insert—

(aa) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;

.

• (2) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), in paragraph 6D (as inserted by section 36), after sub-paragraph (2)(c) insert—

(ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;

.

Restrictions on designated persons acting as covert human intelligence sources

44

In section 29 of the Regulation of Investigatory Powers Act 2000 (authorisation of covert human intelligence sources), after subsection (6) insert—

(6A) An authorisation under this section may not have the effect of authorising a covert human intelligence source who is a person designated under section 38 of the Police Reform Act 2002 to establish contact in person with another person.

Further amendments consequential on section 38 etc

45

Schedule 12—

• (a) makes further amendments in consequence of the amendments made by section 38 (see Parts 1 and 2 of that Schedule), and

• (b) makes minor correcting amendments of the Police Reform Act 2002 (see Part 3 of that Schedule).

Removal of powers of police to appoint traffic wardens

Removal of powers of police in England and Wales to appoint traffic wardens

46

• (1) Sections 95 to 97 of the Road Traffic Regulation Act 1984 (traffic wardens), so far as extending to England and Wales, are repealed.

• (2) Those sections, so far as extending to Scotland, are amended as follows.

• (3) In section 95 (appointment of traffic wardens), omit subsection (1).

• (4) In subsection (2) of that section, for “any such functions as are mentioned in subsection (1) above” substitute “ , in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles ”.

• (5) In subsection (3) of that section, omit “under subsection (1) or”.

• (6) In subsection (4) of that section—

• (a) omit “(whether in England and Wales or in Scotland)”;

• (b) for “subsection (1)” substitute “ subsection (2) ”;

• (c) in paragraph (b)—

• (i) omit “or (in England and Wales) with the Secretary of State”;

• (ii) omit “or, as the case may be, by the Secretary of State”.

• (7) Omit subsection (4A) of that section.

• (8) In section 96 (additional powers of traffic wardens), in subsection (2), omit paragraphs (a), (b) and (d).

• (9) In section 97 (supplementary provisions as to traffic wardens), in subsection (3), omit, in both places where it occurs, “the Common Council or”.

• (10) Schedule 13 makes further amendments consequential on the repeal made by subsection (1).

Police rank structure

Power to make regulations about police ranks

47

After section 50 of the Police Act 1996 insert—

(50A) (1) The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police. (2) The ranks must include the rank of constable. (3) The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1). (4) The power conferred by subsection (3) includes power to— (a) repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1); (b) make other amendments of legislation that are consequential on regulations under subsection (1). (5) In subsection (4), “legislation” means any provision of— (a) an Act (including this Act), (b) subordinate legislation within the meaning of the Interpretation Act 1978, (c) an Act of the Scottish Parliament or an instrument made under such an Act, (d) a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or (e) Northern Ireland legislation or an instrument made under Northern Ireland legislation. (6) Regulations under this section may include transitional, transitory or saving provision. (7) Regulations under this section may make different provision for different cases or circumstances. (50B) (1) A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (2) If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must— (a) lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and (b) if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms. (3) The duty under subsection (2) does not apply if the Secretary of State considers— (a) that it would be unlawful to make regulations in terms of the draft, (b) that it would impair the efficiency of the police to do so, or (c) that it would for some other reason be wrong to do so. (4) The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless— (a) the draft is laid in accordance with the duty under subsection (2), or (b) the College of Policing has approved the text of the regulations.

Section 47: consequential amendments

48

• (1) The Police Act 1996 is amended as follows.

• (2) Omit—

• (a) section 9H (other members of the metropolitan police force);

• (b) section 13 (other members of police forces).

• (3) Section 50 (regulations for police forces) is amended as follows.

• (4) Omit subsection (2)(a).

• (5) In subsection (2ZA), after “under”, in the second place it occurs, insert “ section 50A (regulations as to police ranks) or under ”.

• (6) In each of subsections (2ZB) and (2ZC), for “subsection (2)(a), (b), (c) or (g)” substitute “ subsection (2)(b), (c) or (g) ”.

CHAPTER 2 — Representative institutions

Duties of Police Federation for England and Wales in fulfilling its purpose

49

In section 59 of the Police Act 1996 (Police Federations), after subsection (1) insert—

(1A) In fulfilling that purpose, the Police Federation for England and Wales must— (a) protect the public interest, (b) maintain high standards of conduct, and (c) maintain high standards of transparency.

Freedom of Information Act etc: Police Federation for England and Wales

50

• (1) The Police Federation for England and Wales is to be treated for the purposes of—

• (a) the Freedom of Information Act 2000,

• (b) the data protection legislation, and

• (c) section 18 of the Inquiries Act 2005,

as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).

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

Removal of references to ACPO

51

Schedule 14 removes references in legislation to the Association of Chief Police Officers and replaces most of them with references to the National Police Chiefs' Council.

Part 4 — Police powers

CHAPTER 1 — Pre-charge bail

Release without bail or on bail

Arrest elsewhere than at a police station: release before charge

52

• (1) Section 30A of the Police and Criminal Evidence Act 1984 (release of a person arrested elsewhere than at police station) is amended as follows.

• (2) In the heading for “Bail” substitute “ Release of a person arrested ”.

• (3) In subsection (1)—

• (a) omit “on bail”, and

• (b) at the end insert

— (a) without bail unless subsection (1A) applies, or (b) on bail if subsection (1A) applies.

• (4) After subsection (1) insert—

(1A) This subsection applies if— (a) the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and (b) a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).

• (5) In subsection (2) omit “on bail”.

Section 52: consequential amendments

53

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 18(5)(a) (circumstances in which a search after arrest may be conducted) omit “on bail”.

• (3) In section 30 (arrest elsewhere than at police station)—

• (a) in subsection (1B) for “on bail” substitute “ of a person arrested elsewhere than at police station ”,

• (b) in subsection (7A) omit the words from “or releasing” to the end, and

• (c) in subsections (10) and (11) for “on bail” substitute “ under section 30A ”.

• (4) Section 30B (section 30A: notices) is amended as follows.

• (5) In the heading omit “Bail under”.

• (6) In subsection (1) for “grants bail to” substitute “ releases ”.

• (7) In subsection (2)—

• (a) omit the “and” before paragraph (b), and

• (b) after paragraph (b) insert

and (c) whether the person is being released without bail or on bail

.

• (8) In subsection (3) for “The notice” substitute “ A notice given to a person who is released on bail ”.

• (9) In section 30C (section 30A: supplemental)—

• (a) in the heading omit “Bail under”, and

• (b) in subsection (4) omit “on bail”.

Release from detention at a police station

54

• (1) Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention) is amended as follows.

• (2) In subsection (5) for the words from “without” to the end substitute

— (a) without bail unless subsection (5A) applies, or (b) on bail if subsection (5A) applies.

• (3) After subsection (5) insert—

(5A) This subsection applies if— (a) it appears to the custody officer— (i) that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person's detention, or (ii) that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and (b) the pre-conditions for bail are satisfied.

• (4) Section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) is amended as follows.

• (5) In subsection (2) for the words from “either” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied, (subject to subsection (3))

.

• (6) In subsection (3) for “so believing” substitute “ believing that the person's detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person ”.

• (7) In subsection (7) for paragraphs (b) and (c) substitute—

(b) shall be released without charge and without bail unless the pre-conditions for bail are satisfied, (c) shall be released without charge and on bail if those pre-conditions are satisfied but not for the purpose mentioned in paragraph (a), or

.

• (8) In subsection (8A)(b) for “(b)” substitute “ (c) ”.

Release following arrest for breach of bail etc

55

• (1) Section 37CA of the Police and Criminal Evidence Act 1984 (release following arrest for breach of bail) is amended as follows.

• (2) In the heading and subsection (1) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.

• (3) In subsection (2)(b) for the words from “, either” to the end substitute

— (i) without bail unless the pre-conditions for bail are satisfied, or (ii) on bail if those pre-conditions are satisfied.

• (4) In subsection (4) at the end insert “ (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly) ”.

• (5) In section 37D(4A) of the Police and Criminal Evidence Act 1984 (power to keep a person in police detention) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.

Release from further detention at police station

56

• (1) In section 41(7) of the Police and Criminal Evidence Act 1984 (limits on period of detention without charge) for the words from “either” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied.