Police Reform Act 2002

Changes to legislation:

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Changes and effects

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s. 15 title words substituted by 2011 c. 13 Sch. 16 para. 281(2)
s. 15(1)(a) words substituted by 2011 c. 13 Sch. 16 para. 281(3)
s. 15(3)(a) words substituted by 2011 c. 13 Sch. 16 para. 281(3)
s. 15(3)(c) words substituted by 2011 c. 13 Sch. 16 para. 281(4)
s. 15(4)(a) words substituted by 2011 c. 13 Sch. 16 para. 281(5)
s. 15(5)(a) words substituted by 2011 c. 13 Sch. 16 para. 281(5)
s. 15(6) words substituted by 2011 c. 13 Sch. 16 para. 281(5)
s. 15(8A) words substituted by 2011 c. 13 Sch. 16 para. 281(5)

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 15(2A)-(2C) inserted by 2011 c. 13 Sch. 14 para. 7
s. 28A inserted by 2012 c. 22 s. 2(2)
s. 38B 38C inserted by 2011 c. 13 Sch. 13 para. 3

Commencement Orders yet to be applied to the Police Reform Act 2002:

Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/3300 art. 3 commences (2003 c. 38)
S.I. 2004/1502 art. 2(c)(ii) commences (2003 c. 38)
S.I. 2005/910 art. 3(aa) commences (2003 c. 39)
S.I. 2006/795 art. 2(3) Sch. 2 commences (2005 c. 16)
S.I. 2007/709 art. 3(e) commences (2006 c. 48)
S.I. 2010/999 art. 2-4 commences (2009 c. 26)
S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
S.I. 2011/414 art. 2 commences (2010 c. 17)
S.I. 2011/2148 art. 2 commences (2009 c. 25)
S.I. 2011/2515 art. 2 3 commences (2011 c. 13)
S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)
S.I. 2012/2374 art. 3(c) commences (2009 c. 25)

15 General duties of police authorities, chief officers and inspectorsE+W+S+N.I.

This section has no associated Explanatory Notes

(1)It shall be the duty of—

(a)every police authority maintaining a police force,

(b)the chief officer of police of every police force, and

(c)every inspector of constabulary carrying out any of his functions in relation to a police force,

to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).

[F1(1A)It shall be the duty of the Serious Organised Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).]

[F2(1B)It shall be the duty of the National Policing Improvement Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).]

F2(2)Those matters are—

(a)matters with respect to which any provision of this Part has effect;

(b)anything which is done under or for the purposes of any such provision; and

(c)any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.

(3)Where—

(a)a police authority maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16, 17 or 18 of Schedule 3,

(b)the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or

[F3(c)a police authority or chief officer requires the Director General of the Serious Organised Crime Agency to provide a member of the staff of that Agency for appointment under any of those paragraphs,]

F3it shall be the duty of the chief officer [F4to whom the requirement is addressed or of the Director General]F4 to comply with it.

(4)It shall be the duty of—

(a)every police authority maintaining a police force,

(b)the chief officer of police of every police force,[F5 and]

[F6(c)the Serious Organised Crime Agency,]

F6to provide the Commission and every member of the Commission’s staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the Commission under this Part.

(5)It shall be the duty of—

(a)every police authority maintaining a police force,

(b)the chief officer of every police force,[F7 and]

[F8(c)the Serious Organised Crime Agency,]

F8to ensure that a person appointed under paragraph 16, 17 or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require

(6)The duties imposed by subsections (4) and (5) on a police authority maintaining a police force and on the chief officer of such a force and on [F9the Serious Organised Crime Agency]F9 have effect—

(a)irrespective of whether the investigation relates to the conduct of a person who is or has been a member of that force or [F10a member of the staff of the Agency]F10; and

(b)irrespective of who has the person appointed to carry out the investigation under his direction and control;

but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongsF11....

(7)In subsection (6) “third force”, in relation to an investigation, means a police force other than—

(a)the force to which the person carrying out the investigation belongs; or

(b)the force to which the person whose conduct is under investigation belonged at the time of the conduct;

[F12 and where the person whose conduct is under investigation was a member of the staff of the Serious Organised Crime Agency at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.]

[F13(8)Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the Serious Organised Crime Agency, a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

[F14(8A)Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the National Policing Improvement Agency—

(a)the chief officer of a third force, or

(b)the police authority maintaining a third force,

may be required to give that assistance and co-operation only with the approval of the chief executive of the National Policing Improvement Agency.

(8B)In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.]

(9)Where—

(a)the person carrying out an investigation is not a member of the staff of the Serious Organised Crime Agency; and

(b)the person whose conduct is under investigation was not a member of the staff of the Agency at the time of the conduct,

[F15the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.]]

[F16(10)In subsection (9) “the relevant directing officer”—

(a)in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; and

(b)in a case where the person who requires assistance and co-operation is a member of the staff of the National Policing Improvement Agency, means the chief executive of that Agency.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 15(1A) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 5(2); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F2S. 15(1B) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 84(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F3S. 15(3)(c) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 5(3)(a); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F4Words in s. 15(3) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 5(3)(b); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))