College of Policing
Section 123: Regulations to be prepared or approved by the College
336.Subsection (1) inserts new subsections (2ZA) and (2ZB) into section 50 of the Police Act 1996 (“the 1996 Act”). Section 50 of the 1996 Act confers on the Home Secretary the power to make regulations (subject to the negative resolution procedure) regarding the government, administration and conditions of service of members of police forces. Subsection (2)(a), (b), (c) and (g) of that section, read with subsection (1), gives the Home Secretary the power to make regulations regarding the ranks held by members of police forces (that is police officers), the qualifications for appointment and promotion of members of police forces, the periods spent on probation and the maintenance of personal records of members of police forces. New section 50(2ZA) and (2ZB) give responsibility for determining such matters to the College of Policing. The power to make regulations on such matters would continue to reside with the Home Secretary, but in future decisions as to the content will rest with the College. New section 50(2ZA) sets out the circumstances in which the Home Secretary is able to decline to make police regulations proposed by the College. The power to decline to make regulations on the grounds that “it would for some other reason be wrong to do so” (in new section 50(2ZA)(c)) should be read as covering similar kinds of things to those covered by new section 50(2ZA)(a) and (b). This limb could be used to cover a case where it would not be unlawful to make the regulations in the terms proposed by the College but it would be undesirable to do so because, for example, the regulation as drafted was not sufficiently clear, was flawed, or would not achieve the policy intention the College intended to achieve. In such circumstances the Home Secretary could ask that the College prepare a fresh draft so as not to lay flawed regulations before Parliament.
337.Subsection (2) inserts new subsections (2ZA), (2ZB) and (2ZC) into section 51 of the 1996 Act. Section 51 of that Act gives the Home Secretary the power to make regulations (subject to the negative resolution procedure) regarding the government, administration and conditions of service of special constables. The new subsections give the College of Policing responsibility for determining the same list of matters in respect of special constables as it will have under section 50 of the 1996 Act in respect of members of police forces. Again, responsibility for making regulations under section 51 will continue to reside with the Home Secretary but responsibility for the content of those regulations insofar as it relates to matters specified in new section 51(2ZA) will rest with the College. New section 51(2ZB) sets out the circumstances in which the Home Secretary is able to decline to make police regulations proposed by the College.
338.Subsection (3)(a) inserts new subsections (1A) and (1B) into section 53A of the 1996 Act. Section 53A of that Act gives the Home Secretary the power to make regulations (the first exercise of the power is subject to the affirmative resolution procedure, with any subsequent regulations being subject to the negative resolution procedure) requiring all police forces in England and Wales to adopt particular practices or procedures. New subsections (1A) and (1B) give the responsibility for determining the content of those regulations to the College of Policing. Responsibility for making regulations under section 53A will continue to reside with the Home Secretary (subject to the affirmative resolution procedure in all cases (subsection (3)(c)). New section 53A(1A) sets out the circumstances in which the Home Secretary is able to decline to make police regulations proposed by the College.
339.Subsection (3)(b) repeals provisions in section 53A of the 1996 Act concerning the preparation of, and consultation on, regulations about police practices and procedures. These provisions are no longer necessary in light of the role of the College of Policing, as set out in new section 53A(1A) and (1B).
340.Subsection (4) amends section 63 of the 1996 Act. Section 63 requires the Home Secretary, prior to making regulations under section 50 or 51, to consult the Police Advisory Board for England and Wales (“the PABEW”) on changes she intends to make to certain police regulations. In consulting the PABEW, the Home Secretary must provide a draft copy of those regulations. Subsection (4) removes that requirement in respect of those regulations made under the new section 50(2ZB).
341.Subsection (5) amends section 97 of the Criminal Justice and Police Act 2001. Section 97(1) of that Act gives the Home Secretary the power to make regulations (subject to the negative resolution procedure) regarding police training, and the qualifications for deployment to perform particular tasks of individuals serving or employed for policing purposes in England and Wales. Subsection (5)(a) inserts new subsections (1A) and (1B) into section 97, which confer responsibility for determining the content of such regulations on the College of Policing. Responsibility for making regulations under section 97 will continue to reside with the Home Secretary. New section 97(1A) sets out the circumstances in which the Home Secretary is able to decline to make police regulations proposed by the College.
Section 124: Codes of Practice issued by the College
342.This section amends section 39A of the 1996 Act. Section 39A of the 1996 Act gives the Home Secretary the power to issue Codes of Practice relating to the way in which chief constables discharge their functions. Using the powers given to her under section 39A, the Home Secretary has issued Codes of Practice on the following issues: police use of firearms and less lethal weapons; national intelligence model; management of police information; serious crime analysis section; collecting and sharing data on missing persons with public authorities; and management of police pursuits.
343.Subsection (2) substitutes a new subsection (1) of section 39A so as to provide that the College of Policing, rather than the Home Secretary, may issue such Codes of Practice but subject to the Home Secretary’s approval. New section 39A(1) also broadens the circumstances in which a Code of Practice under this section may be issued. At present, the Home Secretary may only issue a Code of Practice if she considers it necessary to do so for the purpose of promoting the efficiency and effectiveness of police forces. Under the new section 39A(1), the College may issue a Code of Practice if one of three tests is satisfied, namely that it considers it necessary to do so in order to improve the efficiency and effectiveness of the police, to facilitate joint or co-ordinated activity by two or more police forces, or if the College otherwise considers that it would be in the national interest for it to issue a Code of Practice.
344.Subsections (3) to (5) make consequential and supplementary amendments to: section 39A(2), to confer power on the College to revise in whole or in part a Code of Practice; section 39A(4), to require the College to consult with the National Crime Agency prior to issuing a Code of Practice; and section 39A(5) to maintain the requirement for the Home Secretary to lay Codes of Practice before Parliament, even though they will be issued by the College.
Section 125: Guidance by the College about employment etc of civilian staff
345.This section inserts a new section 53E into the 1996 Act, which provides for the College of Policing to issue, revise and publish guidance with regard to the experience or qualifications of police civilian staff and the training they should undertake. The new section applies to private sector staff providing services under contract, as well as employed staff.
346.New section 53E(5) imposes a duty on chief constables, Police and Crime Commissioners, the Mayor’s Office of Policing and Crime in London and the Common Council for the City of London Police to have regard to any such guidance issued by the College under new section 53E.
Section 126: Power to give directions to the College
347.Subsections (1) and (2) give the Home Secretary the power to direct the College to carry out activities if the Home Secretary believes those activities will improve the efficiency, effectiveness and integrity of the police in England and Wales.
Section 127: Charging of fees by the College
348.This section inserts new section 95A into the 1996 Act, which makes provision permitting the College of Policing to charge for providing services of a public nature only if the services are provided with a view to promoting the efficiency, effectiveness or professionalism of the police and are of a description specified by the Secretary of State by order (subject to the negative resolution procedure). The order must also specify the level of fees that the College may charge for providing a specified service, or specify how such fees are to be determined. The College already has the powers it needs to charge for providing commercial services through its status as a company limited by guarantee.
Section 128: Appointment of senior officers as members of staff of the College
349.This section inserts new section 100A into the 1996 Act, which allows those individuals who hold the office of constable to continue to do so after appointment as a member of staff of the College of Policing if they hold, or are eligible to hold, a rank higher than that of chief superintendent. New section 100A(3) allows the College of Policing to appoint such an individual to a higher rank than they may have held in their police force prior to appointment.
Section 129: Disclosure of information to the College
350.This section inserts a new section 100B in the 1996 Act which contains a broad information gateway to authorise any person to disclose information to the College if the disclosure is made for the purposes of the exercise of the College’s functions. This would allow other organisations to share information with the College, such as data that would inform any research the College wished to carry out, or case studies that may assist with police training.
Section 130: The College and the IPCC
351.This section inserts a new section 26BA into Part 2 of the Police Reform Act 2002 (“the 2002 Act”) which requires the Independent Police Complaints Commission (“the IPCC”) and the College to enter into an agreement for the establishment of procedures for the handling of complaints against College staff that is akin to the procedures in Part 2 of that Act. Part 2 confers functions on the IPCC in respect of complaints about, or matters indicating, misconduct or death or serious injury involving persons serving with police forces in England and Wales. Such functions include the examination of police forces’ complaint handling procedures and undertaking, managing or supervising investigations into complaints or other matters. The purpose of these provisions is not simply to replicate Part 2 of the 2002 Act, because the arrangements will need to be tailored to the circumstances of the College, but they will ensure that the IPCC has oversight of the College in broadly the same way as it has in relation to the police. The intention is that such an agreement would only relate to those staff of the College who hold the office of constable.
