Police Reform Act 2002

16 Payment for assistance with investigations E+W+S+N.I.

(1) This section applies where—

(a) one police force is required to provide assistance to another in connection with an investigation under this Part; or

(b) a police force is required to provide assistance in such a connection to the Commission.

(2) For the purposes of this section—

(a) assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

[F1 (i) an investigation relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

(ii) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and]

(b) assistance is required to be provided in such a connection by a police force (“the assisting force”) to the Commission if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

[F2 (i) an investigation relating to the conduct of a person who, at the time of the conduct, was not a member of that force, or

(ii) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that force.]

(3) Where the assistance is required to be provided by one police force to another, the police authority maintaining that other police force shall pay to the police authority maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a) as may be agreed between them; or

(b) in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i) have been agreed to by police authorities generally; and

(ii) are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

(c) in the absence of any such arrangements, as may be determined by the Secretary of State.

(4) Where the assistance is required to be provided by a police force to the Commission, the Commission shall pay to the police authority maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a) as may be agreed between the Commission and that authority; or

(b) in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i) have been agreed to by police authorities generally and by the Commission; and

(ii) are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the Commission; or

(c) in the absence of any such arrangements, as may be determined by the Secretary of State.

[F3 (5) In this section (subject to subsection (6))—

(a) references to a police force and to a police authority maintaining a police force include references to the Serious Organised Crime Agency; and

(b) in relation to that Agency, references to the chief officer are references to the Director General.

(6) This section shall have effect in relation to cases in which assistance is required to be provided by the Serious Organised Crime Agency as if—

(a) the reference in subsection (3)(b) to police authorities generally included a reference to the Agency; and

(b) the reference in subsection (4)(b) to police authorities generally were a reference to the Agency.]

(7) This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.

Annotations:

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Amendments (Textual)

F1 S. 16(2)(a)(i)(ii) substituted for words (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 5(2); S.I. 2005/1521, art. 3(1)(w)

F2 S. 16(2)(b)(i)(ii) substituted for words (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 5(3); S.I. 2005/1521, art. 3(1)(w)

F3 S. 16(5)(6) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 6; S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

Modifications etc. (not altering text)

C1 S. 16 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1