Policing and Crime Act 2017

(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 ”;

• (c) in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22)—

• (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;

.

• (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—