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Part 1 E+W+S+N.I.Emergency services collaboration

CHAPTER 1E+WCollaboration agreements

1Collaboration agreementsE+W

(1)A collaboration agreement may be made by—

(a)one or more persons within a paragraph of subsection (2), and

(b)one or more persons within another paragraph of that subsection.

(2)Those persons are—

(a)an ambulance trust in England,

(b)a fire and rescue body in England, and

(c)a police body in England.

(3)A collaboration agreement is an agreement in writing that sets out how the parties to the agreement will work together in discharging their functions.

(4)Subsection (1) does not prevent a person other than a person listed in subsection (2) from being a party to a collaboration agreement.

(5)This section is subject to section 3 (collaboration agreements: specific restrictions).

(6)Section 4 makes further provision about collaboration agreements.

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Commencement Information

I1S. 1 in force for certain purposes at Royal Assent, see s. 183

2Duties in relation to collaboration agreementsE+W

(1)A relevant emergency service in England (“the relevant service”) must keep under consideration whether entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services.

(2)If the relevant service considers that entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services (“the proposed collaboration”), the relevant service must notify those other services of the proposed collaboration.

(3)The relevant service and the other services (“the proposed parties”) must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of the proposed parties.

(4)Subsection (5) applies if—

(a)a proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party), and

(b)at least one other proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party).

(5)Each proposed party which is of that view must give effect to the proposed collaboration, or give effect to it so far as it relates to that party, by entering into a collaboration agreement (if the party has power to do so).

(6)In the application of this section to a local policing body, references to the efficiency or effectiveness of that body include the efficiency or effectiveness of the police force it is responsible for maintaining.

(7)This section is subject to section 3 (collaboration agreements: specific restrictions).

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Commencement Information

I2S. 2 in force for certain purposes at Royal Assent, see s. 183

3Collaboration agreements: specific restrictionsE+W

(1)Section 2 does not require a relevant emergency service in England to enter into a collaboration agreement if the service is of the view that the proposed collaboration would have an adverse effect on public safety or otherwise have an adverse effect on its efficiency or effectiveness.

(2)Section 2 does not require an ambulance trust in England to enter into a collaboration agreement that would in the view of that trust have an adverse effect on—

(a)its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, or

(b)the health service in England (within the meaning of the National Health Service Act 2006).

(3)Section 2 applies to an ambulance trust in England only so far as it provides an emergency ambulance service.

(4)Subsection (5) applies where an ambulance trust in England is considering whether a proposed collaboration would be in the interests of the efficiency or effectiveness of the trust for the purposes of section 2.

(5)The ambulance trust must have particular regard to any effect that entering into a collaboration agreement pursuant to the proposed collaboration would have on—

(a)its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, and

(b)the health service in England (within the meaning of the National Health Service Act 2006).

(6)The London Fire Commissioner must consult the Mayor of London before entering into a collaboration agreement (unless the Mayor is a party to the agreement).

(7)A combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined authority is entitled to exercise.

(8)An elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a fire and rescue authority that the mayor is entitled to exercise.

(9)An elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a police and crime commissioner that the mayor is entitled to exercise.

(10)A chief officer of police of a police force may not enter into a collaboration agreement unless the local policing body responsible for maintaining that police force also enters into the agreement.

(11)A local policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before entering into a collaboration agreement (unless that chief officer is a party to the agreement).

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Commencement Information

I3S. 3 in force for certain purposes at Royal Assent, see s. 183

4Collaboration agreements: supplementaryE+W

(1)A collaboration agreement may, in particular, make provision about the use, for the purposes of the agreement, of a power of a party to the agreement to—

(a)make arrangements for the exercise of the party's functions by another person, or

(b)exercise functions jointly with another person.

(2)A collaboration agreement may include provision for payments to be made by the parties to the agreement for the purposes of facilitating that agreement.

(3)A party to a collaboration agreement may do anything that is necessary or expedient for the purposes of facilitating the agreement.

(4)Subsection (3) is subject to any restriction imposed on a party by, or by virtue of, an enactment or rule of law.

(5)A collaboration agreement may not include provision for the delegation of a function where that function may not otherwise be delegated.

(6)The delegation of a function pursuant to a collaboration agreement does not affect the responsibility of any party to the agreement for the exercise of its functions.

(7)A collaboration agreement must make provision for a party to withdraw from the agreement where in the view of that party the agreement is no longer in the interests of its efficiency or effectiveness.

(8)A collaboration agreement may be—

(a)varied with the agreement of all of the parties to the agreement, or

(b)replaced by a subsequent collaboration agreement.

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Commencement Information

I4S. 4 in force for certain purposes at Royal Assent, see s. 183

5Collaboration agreements: definitionsE+W

(1)This section has effect for the purposes of this Chapter.

(2)Collaboration agreement” has the meaning given by section 1(3).

(3)Relevant emergency service in England” means—

(a)an ambulance trust in England,

(b)a fire and rescue body in England, or

(c)a police body in England.

(4)Ambulance trust in England” means—

(a)an NHS trust all or most of whose hospitals, establishments and facilities are in England and which provides ambulance services, or

(b)an NHS foundation trust which provides such services.

(5)Fire and rescue body in England” means—

(a)a fire and rescue authority in England,

(b)a combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009, or

(c)an elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of that Act.

(6)Fire and rescue authority in England” has the same meaning as in the Fire and Rescue Services Act 2004.

(7)Police body in England” means—

(a)a police and crime commissioner for a police area in England,

(b)a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),

(c)the Mayor's Office for Policing and Crime,

(d)the Commissioner of Police of the Metropolis,

(e)the Common Council of the City of London in its capacity as police authority for the City of London police area,

(f)the Commissioner of Police for the City of London, or

(g)an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.

(8)Chief officer” means—

(a)a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),

(b)the Commissioner of Police of the Metropolis, or

(c)the Commissioner of Police for the City of London.

(9)Local policing body” means—

(a)a police and crime commissioner for a police area in England,

(b)the Mayor's Office for Policing and Crime,

(c)the Common Council of the City of London in its capacity as police authority for the City of London police area, or

(d)an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.

(10)The City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force.

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Modifications etc. (not altering text)

Commencement Information

I5S. 5 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 2E+W+S+N.I.Police and crime commissioners etc: fire and rescue functions

6Provision for police and crime commissioner to be fire and rescue authorityE+W+S+N.I.

Schedule 1 makes provision for a person who is the police and crime commissioner for an area to be the fire and rescue authority for that area.

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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.

Commencement Information

I6S. 6 in force for certain purposes at Royal Assent, see s. 183

7Involvement of police and crime commissioner in fire and rescue authorityE+W+S

(1)The Local Government Act 1972 is amended in accordance with subsections (2) to (4).

(2)In section 102 (appointment of committees) after subsection (5) insert—

(6)Subsection (7) applies in relation to—

(a)a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,

(b)a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or

(c)a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.

(7)A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee.

(8)If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must—

(a)consider the request,

(b)give reasons for their decision to agree to or refuse the request, and

(c)publish those reasons in such manner as they think appropriate.

(9)A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee to which the commissioner is appointed in accordance with this section only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority.

(10)Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to—

(a)a committee or sub-committee appointed by a local authority,

(b)a joint committee appointed by two or more local authorities, or

(c)a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities.

(11)For those purposes “relevant police and crime commissioner” means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or

(b)all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.

(3)In Part 1 of Schedule 12 (meetings and proceedings of principal councils) after paragraph 6 insert—

6ZA(1)A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.

(2)Sub-paragraph (1) applies—

(a)only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and

(b)only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.

(3)If a request under sub-paragraph (2)(b) is made to a principal council, the council must—

(a)consider the request,

(b)give reasons for their decision to agree to or refuse the request, and

(c)publish those reasons in such manner as they think appropriate.

(4)If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—

(a)paragraph 3(2);

(b)paragraph 4(1A);

(c)paragraph 5(3);

(d)paragraph 6;

(e)paragraph 39;

(f)paragraph 40;

(g)paragraph 41(3);

(h)paragraph 43.

(5)In this paragraph “relevant police and crime commissioner”, in relation to a principal council, means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the principal council, or

(b)all or part of whose area falls within the area of the principal council.

(4)In Part 1A of Schedule 12 (joint authorities etc) in paragraph 6B (application of Part 1) after “this Schedule” insert “ other than paragraph 6ZA ”.

(5)The Local Government Act 1985 is amended in accordance with subsections (6) and (7).

(6)In section 26 (metropolitan county fire and rescue authorities)—

(a)in subsection (3) for “Each” substitute “ Subject to subsection (5), each ”, and

(b)after subsection (4) insert—

(5)A metropolitan county fire and rescue authority may appoint a relevant police and crime commissioner to be a member of the authority.

(6)An appointment under subsection (5) may only be made in response to a request by the relevant police and crime commissioner.

(7)If a request under subsection (6) is made to a metropolitan county fire and rescue authority, the authority must—

(a)consider the request,

(b)give reasons for their decision to agree to or refuse the request, and

(c)publish those reasons in such manner as they think appropriate.

(8)In this section “relevant police and crime commissioner”, in relation to a metropolitan county fire and rescue authority, means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the authority, or

(b)all or part of whose area falls within the area of the authority.

(7)In section 34 (chairman, vice-chairman and clerk of metropolitan county fire and rescue authority) in subsection (7) for the “and” at the end of paragraph (b) substitute—

(ba)if the chairman is a police and crime commissioner and the authority and the commissioner have agreed that the commissioner should cease to be a member of the authority, the date agreed by the authority and the commissioner as the date on which the commissioner's membership should cease; and.

(8)In section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees) after subsection (5) insert—

(5ZA)Nothing in this section shall prevent the appointment of a police and crime commissioner as a voting member of—

(a)any committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,

(b)any joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or

(c)any sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.

(5ZB)In subsection (5ZA) “local authority” does not include—

(a)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,

(b)a joint authority which is a metropolitan county fire and rescue authority, or

(c)the London Fire Commissioner.

(9)In Schedule A1 to the Local Government Act 2000 (executive arrangements in England: further provisions) after paragraph 4 insert—

Attendance of police and crime commissioner at meetings

4A(1)A relevant police and crime commissioner may attend, speak at and vote at—

(a)a meeting of an executive of a local authority which is a fire and rescue authority, or

(b)a meeting of a committee of such an executive.

(2)Sub-paragraph (1) applies—

(a)only if and to the extent that the business of the meeting relates to the functions of the authority as a fire and rescue authority, and

(b)only if the executive has consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.

(3)If a request under sub-paragraph (2)(b) is made to an executive of a local authority, the executive must—

(a)consider the request,

(b)give reasons for its decision to agree to or refuse the request, and

(c)publish those reasons in such manner as it thinks appropriate.

(4)In this paragraph “relevant police and crime commissioner” means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the local authority, or

(b)all or part of whose area falls within the area of the local authority.

(10)Section 3 of the Fire and Rescue Services Act 2004 (creation of combined fire and rescue authority: supplementary) is amended in accordance with subsections (11) and (12).

(11)In subsection (3)(a) for “or by the Secretary of State” substitute “ , by the Secretary of State or, in the case of a combined authority for an area which is wholly within England, by the combined authority ”.

(12)After subsection (5) insert—

(6)The following provisions apply if a scheme under section 2 provides for members of a combined authority to be appointed by the authority.

(7)The scheme must provide that a relevant police and crime commissioner may only be appointed as a member of the authority in response to a request by the commissioner.

(8)The scheme must provide that, if such a request is made to the authority, the authority must—

(a)consider the request,

(b)give reasons for its decision to agree to or refuse the request, and

(c)publish those reasons in such manner as it thinks appropriate.

(9)In this section “relevant police and crime commissioner”, in relation to a combined authority, means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the authority, or

(b)all or part of whose area falls within the area of the authority.

(13)The Localism Act 2011 is amended in accordance with subsections (14) and (15).

(14)In section 27 (duty to promote and maintain high standards of conduct) after subsection (4) insert—

(4A)In this Chapter “co-opted member” includes a police and crime commissioner who—

(a)is entitled to participate in meetings of a county or district council by virtue of paragraph 6ZA of Part 1 of Schedule 12 to the Local Government Act 1972, or

(b)is entitled to participate in meetings of an executive of a county or district council by virtue of paragraph 4A of Schedule A1 to the Local Government Act 2000.

(15)In section 28 (codes of conduct) after subsection (11) insert—

(11A)Subsections (11B) to (11D) apply if a police and crime commissioner is a member or co-opted member of a relevant authority in the commissioner's capacity as such.

(11B)Arrangements put in place under subsection (6)(b) by the relevant authority must include provision for an allegation against the commissioner to be referred to the police and crime panel for the commissioner's police area.

(11C)If, in response to an allegation referred to it by virtue of subsection (11B), the police and crime panel makes a report or recommendation to the police and crime commissioner under section 28(6) of the Police Reform and Social Responsibility Act 2011, the panel may also make a report or recommendation on the allegation to the relevant authority.

(11D)The relevant authority must take any such report or recommendation into account in determining—

(a)whether the police and crime commissioner has failed to comply with the authority's code of conduct,

(b)whether to take action in relation to the commissioner, and

(c)what action to take.

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Commencement Information

I7S. 7 in force for certain purposes at Royal Assent, see s. 183

8Combined authority mayors: exercise of fire and rescue functionsE+W+S+N.I.

(1)The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (4).

(2)After section 107E insert—

107EAExercise of fire and rescue functions

(1)This section applies to a mayor for the area of a combined authority who—

(a)by virtue of section 107D(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and

(b)by virtue of section 107F(1), may exercise functions of a police and crime commissioner.

(2)The Secretary of State may by order make provision—

(a)authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor;

(b)authorising that chief constable to arrange for a person within subsection (4) to exercise the chief constable's fire and rescue functions.

(3)An order under subsection (2) may provide that arrangements made under the order—

(a)may authorise the exercise of any functions mentioned in that subsection;

(b)may authorise the exercise of any functions mentioned in that subsection other than those specified or described in the order;

(c)may authorise the exercise of such of the functions mentioned in that subsection as are specified or described in the order.

(4)The persons mentioned in subsection (2)(b) are—

(a)members of the chief constable's police force;

(b)the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;

(c)members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1);

(d)members of staff appointed by the chief constable under section 107EC(2).

(5)Provision in an order under section 107D(1) for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2).

(6)This section is subject to—

(a)section 107EB (section 107EA orders: procedure), and

(b)section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).

(7)In this section “fire and rescue functions”, in relation to a chief constable, means—

(a)functions which are exercisable by the chief constable by virtue of provision made under subsection (2)(a), and

(b)functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

107EBSection 107EA orders: procedure

(1)An order under section 107EA(2) may be made in relation to the mayor for the area of a combined authority only if the mayor has requested the Secretary of State to make the order.

(2)A request under subsection (1) must be accompanied by a report which contains—

(a)an assessment of why—

(i)it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(ii)it is in the interests of public safety for the order to be made,

(b)a description of any public consultation which the mayor has carried out on the proposal for the order to be made,

(c)a summary of the responses to any such consultation, and

(d)a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the combined authority.

(3)Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor's response to the representations made or views expressed in response to any consultations on the proposal.

(4)Subsections (5) to (7) apply if—

(a)the mayor for the area of a combined authority makes a request under subsection (1) for the Secretary of State to make an order under section 107EA(2), and

(b)at least two thirds of the constituent members of the combined authority have indicated that they disagree with the proposal for the order to be made.

(5)The mayor must, in providing the report under subsection (2), provide the Secretary of State with—

(a)copies of the representations (if any) made by the constituent members of the combined authority about that proposal, and

(b)the mayor's response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.

(6)The Secretary of State must—

(a)obtain an independent assessment of that proposal, and

(b)in deciding whether to make the order, have regard to that assessment and to the material provided under subsection (5) (as well as the material provided under subsection (2)).

(7)The Secretary of State must publish the independent assessment—

(a)as soon as is reasonably practicable after making a determination in response to the proposal, and

(b)in such manner as the Secretary of State thinks appropriate.

(8)An order under section 107EA(2) may be made only if it appears to the Secretary of State that—

(a)it is in the interests of economy, efficiency and effectiveness for the order to be made, or

(b)it is in the interests of public safety for the order to be made.

(9)The Secretary of State may not make an order under section 107EA(2) in a case within subsection (8)(a) of this section if the Secretary of State thinks that the order would have an adverse effect on public safety.

(10)The Secretary of State may, in making an order under section 107EA(2) in relation to the mayor for the area of a combined authority, give effect to the mayor's proposal for the order with such modifications as the Secretary of State thinks appropriate.

(11)Before making an order which gives effect to such a proposal with modifications, the Secretary of State must consult the mayor and the combined authority on the modifications.

(12)In this section—

  • constituent council”, in relation to a combined authority, means—

    (a)

    a county council the whole or any part of whose area is within the area of the combined authority, or

    (b)

    a district council whose area is within the area of the combined authority;

  • constituent member”, in relation to a combined authority, means a member of the authority appointed by a constituent council (but does not include the mayor for the area of the combined authority).

107ECSection 107EA orders: further provision

(1)An order under section 107EA(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)—

(a)from a fire and rescue authority or the combined authority to the chief constable, or

(b)from the chief constable to the combined authority,

(including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).

(2)A chief constable to whom an order under section 107EA(2) applies may appoint staff for the purpose of the exercise of the chief constable's fire and rescue functions.

(3)A chief constable to whom an order under section 107EA(2) applies may—

(a)pay remuneration, allowances and gratuities to members of the chief constable's fire and rescue staff;

(b)pay pensions to, or in respect of, persons who are or have been such members of staff;

(c)pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

(4)In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

(5)Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

(6)Where an order under section 107EA(2) is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force's chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions.

(7)Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

(8)In subsection (7)—

  • finance officer for fire functions” means a member of a chief constable's fire and rescue staff who—

    (a)

    is not a chief finance officer of the kind mentioned in subsection (6), and

    (b)

    is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions;

  • finance officer for police functions” means a member of a chief constable's civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—

    (a)

    is not a chief finance officer of the kind mentioned in subsection (6), and

    (b)

    is employed to carry out duties relating to the proper administration of a police force's financial affairs.

(9)Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay—

(a)any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff;

(b)any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

(c)any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff, if the settlement is approved by the authority.

(10)Where an order under section 107EA(2) is in force, the combined authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—

(a)any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;

(b)costs incurred and not recovered by such a member of staff in such proceedings;

(c)sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(11)In this section—

  • fire and rescue functions” has the same meaning as in section 107EA;

  • fire and rescue staff”, in relation to a chief constable to whom an order under section 107EA(2) applies, means—

    (a)

    staff transferred to the chief constable under a scheme made by virtue of subsection (1);

    (b)

    staff appointed by the chief constable under subsection (2).

107EDSection 107EA orders: exercise of fire and rescue functions

(1)This section applies if—

(a)an order under section 107EA(2) makes provision in relation to the area of a combined authority, and

(b)by virtue of the order, fire and rescue functions exercisable by the mayor for the area of the combined authority are exercisable by the chief constable of the police force for the police area which corresponds to that area.

(2)The chief constable must secure that good value for money is obtained in exercising—

(a)functions which are exercisable by the chief constable by virtue of the order, and

(b)functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

(3)The chief constable must secure that other persons exercising functions by virtue of the order obtain good value for money in exercising those functions.

(4)The mayor must—

(a)secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the order,

(b)secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,

(c)secure that functions which are exercisable by the chief constable or another person by virtue of the order are exercised efficiently and effectively, and

(d)secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

(5)The mayor must hold the chief constable to account for the exercise of such functions.

107EESection 107EA orders: complaints and conduct matters etc

(1)If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

(2)If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 107EC(1) or appointed by a chief constable under section 107EC(2), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.

(3)The provision referred to in subsection (2) is—

(a)provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

(b)provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

(4)The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

(5)Before making an order under this section the Secretary of State must consult—

(a)the Police Advisory Board for England and Wales,

(b)the Independent Police Complaints Commission,

(c)such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(d)such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

(e)such other persons as the Secretary of State considers appropriate.

107EFSection 107EA orders: application of fire and rescue provisions

(1)The Secretary of State may by order—

(a)apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);

(b)make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.

(2)Those persons are—

(a)a chief constable of a police force for a police area to whom an order under section 107EA(2) applies,

(b)a member of staff transferred to such a chief constable under a scheme made by virtue of section 107EC(1),

(c)a member of staff appointed by such a chief constable under section 107EC(2),

(d)a member of such a chief constable's police force by whom functions are exercisable by virtue of section 107EA(2)(b), and

(e)a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 107EA(2)(b).

(3)The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.

(4)The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

(5)In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).

(6)References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

107EGSection 107EA orders: application of local policing provisions

(1)The Secretary of State may by order—

(a)apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);

(b)make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.

(2)Those persons are—

(a)a mayor for the area of a combined authority to whom an order under section 107EA(2) applies,

(b)a chief constable to whom such an order applies, and

(c)a panel established by virtue of an order under paragraph 4 of Schedule 5C for such an area.

(3)The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.

(4)The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

(5)In this section “local policing enactment” means an enactment relating to a police and crime commissioner.

(6)References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

(3)In section 107D(6)(b) (general functions exercisable by the mayor for the area of a combined authority) after “section 107E” insert “ or 107EA ”.

(4)In section 120 (interpretation) after the definition of “EPB” insert—

fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;.

(5)In section 26 of the Fire Services Act 1947 (firefighters' pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) in subsection (5A) (as inserted by paragraph 14 of Schedule 1)—

(a)omit the “or” at the end of paragraph (a), and

(b)after paragraph (b) insert—

(c)a transfer to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(d)an appointment by the chief constable under section 107EC(2) of that Act.

(6)In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales) in subsection (4) (as inserted by paragraph 76 of Schedule 1) for “also imposes a requirement” substitute “ and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements ”.

(7)In section 38 of the Police Reform Act 2002 (police powers for civilian staff) in subsection (11A) (as inserted by paragraph 82 of Schedule 1) after paragraph (b) insert—

(c)any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);

(d)any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).

(8)In section 34 of the Fire and Rescue Services Act 2004 (pensions etc) in subsection (11) (as inserted by paragraph 11 of Schedule 1)—

(a)omit the “or” at the end of paragraph (a), and

(b)after paragraph (b) insert—

(c)transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(d)appointed by the chief constable under section 107EC(2) of that Act.

(9)In section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting) (as substituted by paragraph 12 of Schedule 1) in subsection (3)—

(a)after “whom” insert “ —(a) ”, and

(b)after paragraph (a) insert , or

(b)functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.

(10)In Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process) in sub-paragraph (1AA) (as inserted by paragraph 93 of Schedule 1) after “section 4H of the Fire and Rescue Services Act 2004” insert “ or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009 ”.

(11)In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as inserted by paragraph 95 of Schedule 1)—

(a)omit the “or” at the end of sub-paragraph (i), and

(b)for the “or” at the end of sub-paragraph (ii) substitute—

(iii)transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or

(iv)appointed by the chief constable under section 107EC(2) of that Act, or.

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Commencement Information

I8S. 8 in force for certain purposes at Royal Assent, see. s, 183

I9S. 8 in force at 17.7.2017 in so far as not already in force by S.I. 2017/726, reg. 2(a)

CHAPTER 3E+W+S+N.I.London Fire Commissioner

9The London Fire CommissionerE+W+S+N.I.

(1)The London Fire and Emergency Planning Authority is abolished.

(2)The functions of the London Fire and Emergency Planning Authority are (subject to this Act) transferred to the London Fire Commissioner.

(3)Schedule 2—

(a)amends the Greater London Authority Act 1999 in consequence of the abolition of the London Fire and Emergency Planning Authority,

(b)amends that Act so as to make provision about the London Fire Commissioner, and

(c)makes consequential amendments to other Acts.

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Commencement Information

I10S. 9 in force for certain purposes at Royal Assent, see s. 183

I11S. 9(1)(2) in force at 1.4.2018 in so far as not already in force by S.I. 2018/227, art. 4(a)

I12S. 9(3) in force at 1.3.2018 for specified purposes by S.I. 2018/227, art. 2(a)

I13S. 9(3) in force at 22.3.2018 for specified purposes by S.I. 2018/227, art. 3(1)(a)

I14S. 9(3) in force at 1.4.2018 for specified purposes by S.I. 2018/227, art. 4(b)

10Transfer of property, rights and liabilities to the London Fire CommissionerE+W

(1)The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities of the London Fire and Emergency Planning Authority to the London Fire Commissioner.

(2)The things that may be transferred under a transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme;

(c)criminal liabilities.

(3)A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

(a)create rights, or impose liabilities, in relation to property transferred;

(b)make provision about the continuing effect of things done by the transferor in respect of anything transferred;

(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor, in respect of anything transferred;

(d)make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

(e)if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

(4)A transfer scheme may provide—

(a)for the scheme to be modified by agreement after it comes into effect;

(b)for any such modifications to have effect from the date when the original scheme came into effect.

(5)In this section—

(a)references to the transfer of property include the grant of a lease;

(b)references to rights and liabilities include rights and liabilities under a contract of employment;

(c)TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

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Commencement Information

I15S. 10 in force for certain purposes at Royal Assent, see s. 183

I16S. 10 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, art. 2(c)

CHAPTER 4E+WInspection of fire and rescue services

11Inspection of fire and rescue servicesE+W

(1)The Fire and Rescue Services Act 2004 is amended as follows.

(2)In section 28 (inspectors), before subsection (1) insert—

(A1)Her Majesty may appoint such number of inspectors of fire and rescue authorities in England (the “English inspectors”) as the Secretary of State may determine.

(A2)Of the persons appointed under subsection (A1) one is to be appointed as the chief fire and rescue inspector for England.

(A3)The English inspectors must inspect, and report on the efficiency and effectiveness of, fire and rescue authorities in England.

(A4)The English inspectors must carry out such other duties for the purpose of furthering the efficiency and effectiveness of fire and rescue authorities in England as the Secretary of State may from time to time direct.

(A5)The chief fire and rescue inspector for England may appoint assistant inspectors and other officers for the purpose of assisting the English inspectors.

(A6)When carrying out an inspection under subsection (A3) of a fire and rescue authority created by an order under section 4A, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.

(A7)For the purposes of subsection (A6), the following are excluded functions in relation to a fire and rescue authority—

(a)the function of preparing a fire and rescue plan and a fire and rescue statement (within the meaning of Schedule A2);

(b)the functions that the authority has in its capacity as a major precepting authority for the purposes of Part 1 of the Local Government Finance Act 1992;

(c)the function of appointing a chief finance officer under section 4D(4);

(d)where functions of the authority have been delegated to a chief constable under an order under section 4H, the functions conferred on the authority by section 4J(4) and (5);

(e)functions specified, or of a description specified, in relation to that authority in an order made by the Secretary of State.

(A8)The power under subsection (A7)(e) may be exercised in relation to—

(a)all fire and rescue authorities created by an order under section 4A,

(b)a particular fire and rescue authority created by an order under section 4A, or

(c)a particular description of fire and rescue authorities created by an order under section 4A.

(A9)Schedule A3 makes further provision in relation to the English inspectors.

(3)In section 28, in subsection (1)(a), after “fire and rescue authorities” insert “ in Wales ”.

(4)After section 28 insert—

28AInspection programme and inspection framework etc: England

(1)The chief fire and rescue inspector for England must from time to time prepare—

(a)a document setting out what inspections of fire and rescue authorities in England the English inspectors propose to carry out under section 28(A3) (an “inspection programme”);

(b)a document setting out the manner in which the English inspectors propose to carry out the function conferred on them by section 28(A3) (an “inspection framework”).

(2)The chief fire and rescue inspector for England must obtain the approval of the Secretary of State to an inspection programme or inspection framework before the English inspectors act in accordance with it.

(3)The Secretary of State may at any time require the chief fire and rescue inspector for England to carry out, or arrange for another English inspector to carry out, an inspection under section 28(A3) of—

(a)a fire and rescue authority in England;

(b)all fire and rescue authorities in England;

(c)all fire and rescue authorities in England of a particular type.

(4)A requirement imposed under subsection (3) may limit the inspection to a particular matter.

(5)The chief fire and rescue inspector for England or, at the request of that inspector, any other English inspector may carry out an inspection under section 28(A3) of a fire and rescue authority in England that has not been set out in an inspection programme (and has not been required under subsection (3)).

(6)Before deciding to carry out, or to request another English inspector to carry out, an inspection of a fire and rescue authority in England that has not been set out in an inspection programme, the chief fire and rescue inspector for England must consult the Secretary of State.

(7)Nothing in an inspection programme or inspection framework is to be read as preventing an English inspector from making a visit without notice.

(8)In this section “English inspector” means an inspector appointed under section 28(A1).

(5)After section 28A (as inserted by subsection (4)) insert—

28BPublication of inspection reports etc: England

(1)The chief fire and rescue inspector for England must arrange for a report prepared under section 28(A3) to be published in such manner as appears to him or her to be appropriate.

(2)But the chief fire and rescue inspector for England must exclude from publication under subsection (1) anything that he or she considers—

(a)would be against the interests of national security, or

(b)might jeopardise the safety of any person.

(3)The chief fire and rescue inspector for England must—

(a)send a copy of the published report to the Secretary of State, and

(b)disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).

(4)The chief fire and rescue inspector for England must in each year submit to the Secretary of State a report on the carrying out of inspections under section 28(A3) (during the period since the last report).

(5)A report under subsection (4) must include the chief fire and rescue inspector for England's assessment of the efficiency and effectiveness of fire and rescue authorities in England for the period in respect of which the report is prepared.

(6)The chief fire and rescue inspector for England must lay before Parliament a copy of a report submitted under subsection (4).

(7)In this section “English inspector” means an inspector appointed under section 28(A1).

(6)In Schedule A2 (application of legislation relating to police and crime commissioners) (as inserted by Schedule 1 to this Act), in paragraph 8(2) (powers of police and crime panels: modifications of section 28 of the Police Reform and Social Responsibility Act 2011), after paragraph (d) insert—

(da)the references in subsection (6) to the commissioner's functions were to the functions of the relevant fire and rescue authority that are excluded functions for the purposes of section 28(A6) of this Act (see section 28(A7)),.

(7)After Schedule A2 insert the new Schedule A3 set out in Schedule 3 to this Act.

(8)A person appointed, before the coming into force of this section, under section 28 of the Fire and Rescue Services Act 2004 for the purpose of obtaining information in relation to the functions of fire and rescue authorities in England (including a person taken to have been so appointed by virtue of subsection (3) of that section) is to be taken—

(a)if an inspector, to have been appointed under subsection (A1) of that section, and

(b)if an assistant inspector or other officer, to have been appointed under subsection (A5) of that section.

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Commencement Information

I17S. 11 in force for certain purposes at Royal Assent, see s. 183

I18S. 11(1)-(7) in force at 17.7.2017 in so far as not already in force by S.I. 2017/726, reg. 2(b) (with reg. 4)

12Fire safety inspectionsE+W

(1)The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.

(2)In article 2 (interpretation), in the definition of “fire inspector”—

(a)after “inspector”” insert “ , in relation to Wales, ”;

(b)for “section 28” substitute “ section 28(1) ”.

(3)In article 27 (powers of inspectors), after paragraph (4) insert—

(5)This article applies to a person authorised by the Secretary of State under article 25(1)(e) in relation to premises in England as it applies to an inspector; and article 32(2)(d) to (f), with the necessary modifications, applies accordingly.

(4)In article 28 (exercise on behalf of fire inspectors etc of their powers by officers of fire brigades)—

(a)in paragraph (1)—

(i)omit “, or any other person authorised by the Secretary of State under article 25(e),”;

(ii)for “and (3)” substitute “ to (4) ”;

(b)after paragraph (1) insert—

(1A)The powers conferred by article 27 on an authorised person (by virtue of paragraph (5) of that article) are also exercisable by an employee of a fire and rescue authority in England when authorised in writing by such an authorised person for the purpose of reporting to him or her on any matter falling within the authorised person's functions under this Order; and articles 27(2) to (4) and 32(2)(d) to (f), with the necessary modifications, apply accordingly.;

(c)in paragraph (2), for “, or other person authorised by the Secretary of State,” substitute “ or authorised person ”;

(d)after paragraph (2) insert—

(3)In this article, “authorised person” means a person authorised by the Secretary of State under article 25(1)(e) in relation to premises in England.

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Commencement Information

I19S. 12 in force for certain purposes at Royal Assent, see s. 183

I20S. 12 in force at 17.7.2017 in so far as not already in force by S.I. 2017/726, reg. 2(c)

Part 2 E+W+S+N.I.Police complaints, discipline and inspection

CHAPTER 1E+W+S+N.I.Police complaints

13Local policing bodies: functions in relation to complaintsE+W

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after section 13 insert—

13ALocal policing bodies: functions in relation to complaints

(1)The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).

(2)The provisions specified in this subsection are—

(a)paragraph 2(6) to (6D) of Schedule 3, and

(b)paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.

(3)The provisions specified in this subsection are—

(a)section 20, and

(b)section 21 in so far as that section relates to complaints.

(4)In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—

(a)the functions of the chief officer to which the notice relates become functions of the local policing body,

(b)references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and

(c)for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.

(5)Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

(6)The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.

(7)Regulations under subsection (6) may (amongst other things) make provision about—

(a)the steps that a local policing body must take before giving a notice;

(b)the circumstances in which a notice may be withdrawn.

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Commencement Information

I21S. 13 in force for certain purposes at Royal Assent, see s. 183

14Definition of police complaintE+W

(1)Section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies) is amended as follows.

(2)For subsection (1) substitute—

(1)In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public.

(1A)But an expression of dissatisfaction is a complaint for the purposes of this Part—

(a)where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B);

(b)in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed.

(1B)In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is—

(a)a person who claims to be the person in relation to whom the conduct took place;

(b)a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or

(c)a person who claims to have witnessed the conduct.

(3)In subsection (3)—

(a)for “subsection (1)(b)” substitute “ subsection (1B)(b) ”;

(b)for “made by or on behalf of a person who” substitute “ where the person in question ”.

(4)After subsection (4) insert—

(4A)In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.

(5)In subsection (6), for the words before paragraph (a) substitute “ For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless— ”.

(6)Schedule 4 makes amendments of the Police Reform Act 2002 in consequence of the amendments of section 12 of that Act made by this section.

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Commencement Information

I22S. 14 in force for certain purposes at Royal Assent, see s. 183

15 Duty to keep complainant and other interested persons informedE+W

(1)Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2)In section 20 (duty to keep the complainant informed), after subsection (3) insert—

(3A)In any case in which a complaint is being handled—

(a)in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b)otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).

(3)In section 20, for subsection (4) substitute—

(4)The matters of which the complainant must be kept properly informed are—

(a)the progress of the handling of the complaint;

(b)the outcome of the handling of the complaint;

(c)any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);

(d)such other matters as may be specified in regulations made by the Secretary of State.

(4A)The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.

(4)In section 20, after subsection (8) insert—

(8A)In any case in which there is an investigation of a complaint, the Commission or the appropriate authority may comply with its duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.

(8B)Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

(a)regulations made under subsection (5), and

(b)section 21A.

(5)In section 20(9), after “under this Part” insert “ , or who is otherwise involved in the handling of a complaint under this Part, ”.

(6)In section 21 (duty to provide information for other persons), after subsection (8) insert—

(8A)In any case in which—

(a)the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b)the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).

(7)In section 21, for subsection (9) substitute—

(9)The matters of which the interested person must be kept properly informed are—

(a)the progress of the handling of the complaint, recordable conduct matter or DSI matter;

(b)the outcome of the handling of the complaint, recordable conduct matter or DSI matter;

(c)such other matters as may be specified in regulations made by the Secretary of State.

(9A)The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.

(8)In section 21, after subsection (11) insert—

(11A)In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the Commission or the appropriate authority may comply with its duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.

(11B)Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

(a)regulations made under subsection (10), and

(b)section 21A.

(9)In Schedule 3—

(a)in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), omit sub-paragraphs (4) and (9) to (12);

(b)in paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22), omit sub-paragraphs (4) and (7) to (10).

(10)In consequence of the repeal made by subsection (9)(b), Schedule 3 is further amended as follows—

(a)in paragraph 24, after sub-paragraph (6A) (as inserted by Schedule 5) insert—

(6B)It shall be the duty of the appropriate authority—

(a)to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and

(b)in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.;

(b)in paragraph 27 (duties with respect to disciplinary proceedings etc)—

(i)in sub-paragraph (1), omit paragraph (a) (including the “or” at the end);

(ii)in sub-paragraph (2)(a), omit “which has been or is required to be notified or, as the case may be,”.

(11)In consequence of the repeals made by subsection (9), omit the following—

(a)in the Criminal Justice and Immigration Act 2008, in Schedule 23, paragraph 14(7) and (8);

(b)in the Anti-social Behaviour, Crime and Policing Act 2014, in Part 3 of Schedule 11, paragraph 95(6).

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Commencement Information

I23S. 15 in force for certain purposes at Royal Assent, see s. 183

16Complaints, conduct matters and DSI matters: procedureE+W+S+N.I.

Schedule 5 amends Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc).

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Commencement Information

I24S. 16 in force for certain purposes at Royal Assent, see s. 183

17Initiation of investigations by IPCCE+W

(1)Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.

(2)In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 4A ”.

(3)After paragraph 4 insert—

4APower of Commission to treat complaint as having been referred

(1)The Commission may treat a complaint that comes to its attention otherwise than by having been referred to it under paragraph 4 as having been so referred.

(2)Where the Commission treats a complaint as having been referred to it—

(a)paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and

(b)paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Commission by the appropriate authority under paragraph 4.

(3)The Commission must notify the following that it is treating a complaint as having been referred to it—

(a)the appropriate authority;

(b)the complainant;

(c)except in a case where it appears to the Commission that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

(4)Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.

(4)In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).

(5)In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 13A ”.

(6)After paragraph 13 insert—

13APower of Commission to treat conduct matter as having been referred

(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—

14CAPower of Commission to treat DSI matter as having been referred

(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 ”.

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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.

Commencement Information

I25S. 17 in force for certain purposes at Royal Assent, see s. 183

18IPCC power to require re-investigationE+W

(1)In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after section 13A (as inserted by section 13) insert—

13BPower of the Commission to require re-investigation

(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.

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Commencement Information

I26S. 18 in force for certain purposes at Royal Assent, see s. 183

19Sensitive information received by IPCC: restriction on disclosureE+W

(1)Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.

(2)After section 21 insert—

21ARestriction on disclosure of sensitive information

(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—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service, or

    (c)

    the Government Communications Headquarters (“GCHQ”);

  • intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service,

    (c)

    GCHQ, or

    (d)

    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—

    (a)

    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;

    (b)

    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;

    (c)

    in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

    (d)

    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;

    (e)

    in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;

    (f)

    in the case of information within subsection (3)(c)—

    (i)

    the Secretary of State, or

    (ii)

    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—

    (a)

    a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

    (b)

    a warrant under Chapter 1 of Part 6 of that Act.

21BProvision of sensitive information to the Commission and certain investigators

(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.

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Commencement Information

I27S. 19 in force for certain purposes at Royal Assent, see s. 183

20Investigations by IPCC: powers of seizure and retentionE+W

(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—

Investigations by the Commission: power of seizure

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).

Further provision about seizure under paragraph 19ZE

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.

Investigations by the Commission: power of retention

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).

Further provision about things retained under paragraph 19ZG

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.

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Commencement Information

I28S. 20 in force for certain purposes at Royal Assent, see s. 183

21References to England and Wales in connection with IPCC functionsE+W+S+N.I.

(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 ”.

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Commencement Information

I29S. 21 in force for certain purposes at Royal Assent, see s. 183

22Oversight functions of local policing bodiesE+W

(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;.

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Commencement Information

I30S. 22 in force for certain purposes at Royal Assent, see s. 183

23Delegation of functions by local policing bodiesE+W

(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).

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Commencement Information

I31S. 23 in force for certain purposes at Royal Assent, see s. 183

24Transfer of staff to local policing bodiesE+W

(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).

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Commencement Information

I32S. 24 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 2E+WPolice super-complaints

25Power to make super-complaintsE+W

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

Part 2A E+WSuper-complaints
29APower to make super-complaints

(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—

    (a)

    the metropolitan police force,

    (b)

    a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),

    (c)

    the National Crime Agency,

    (d)

    the City of London police force,

    (e)

    the Ministry of Defence Police,

    (f)

    the Civil Nuclear Constabulary,

    (g)

    the British Transport Police.

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Commencement Information

I33S. 25 in force for certain purposes at Royal Assent, see s. 183

I34S. 25 in force at 16.4.2018 in so far as not already in force by S.I. 2018/456, reg. 3(a)

26Bodies who may make super-complaintsE+W

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

29BBodies who may make super-complaints

(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.

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Commencement Information

I35S. 26 in force for certain purposes at Royal Assent, see s. 183

I36S. 26 in force at 16.4.2018 in so far as not already in force by S.I. 2018/456, reg. 3(b)

27Regulations about super-complaintsE+W

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

29CRegulations about super-complaints

(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).

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Commencement Information

I37S. 27 in force for certain purposes at Royal Assent, see s. 183

I38S. 27 in force at 16.4.2018 in so far as not already in force by S.I. 2018/456, reg. 3(c)

CHAPTER 3E+WWhistle-blowing: power of IPCC to investigate

28Investigations by the IPCC: whistle-blowingE+W

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

Part 2B E+WInvestigation of concerns raised by whistle-blowers
29DPower to investigate concerns raised by whistle-blowers

(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.

29ECommission's powers and duties where it decides not to investigate

(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).

29FSpecial provision for “conduct matters”

(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.

29GSpecial provision for “DSI matters”

(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).

29HCommission's powers and duties where whistle-blower is deceased

(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.

29IDuty to keep whistle-blowers informed

(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.

29JProtection of anonymity of whistle-blowers

(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.

29KOther restrictions on disclosure of information

(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).

29LApplication of provisions of Part 2

(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.

29MRegulation-making powers: consultation

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.

29NInterpretation

(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)—

    (a)

    a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,

    (b)

    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

    (c)

    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 ”.

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Commencement Information

I39S. 28 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 4E+W+S+N.I.Police discipline

29Disciplinary proceedings: former members of police forces and former special constablesE+W+S+N.I.

(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.

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Commencement Information

I40S. 29 in force for certain purposes at Royal Assent, see s. 183

I41S. 29(1)-(7) in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(a) (as amended by S.I 2017/1162, reg. 2)

I42S. 29(8) in force at 15.12.2017 for specified purposes by S.I. 2017/1139, reg. 2(b) (as amended by S.I 2017/1162, reg. 2)

30Police barred list and police advisory listE+W

(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.

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Commencement Information

I43S. 30 in force for certain purposes at Royal Assent, see s. 183

I44S. 30 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(c) (as amended by S.I 2017/1162, reg. 2)

31Appeals to Police Appeals TribunalsE+W

(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).

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Commencement Information

I45S. 31 in force for certain purposes at Royal Assent, see s. 183

32Guidance concerning disciplinary proceedings and conduct etcE+W

(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—

    (a)

    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

    (b)

    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”—

    (a)

    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;

    (b)

    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—

87AGuidance concerning conduct etc

(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.

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Commencement Information

I46S. 32 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 5E+W+S+N.I.IPCC: re-naming and organisational change

33Independent Office for Police ConductE+W+S+N.I.

(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.

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Commencement Information

I47S. 33 in force for certain purposes at Royal Assent, see s. 183

I48S. 33(9) in force at 17.7.2017 for specified purposes by S.I. 2017/726, reg. 2(d)

I49S. 33 in force at 8.1.2018 in so far as not already in force by S.I. 2017/1249, reg. 2 (with reg. 3)

34Exercise of functionsE+W

(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—

10AGeneral functions of the Office

(1)The functions of the Office are—

(a)to secure that the Office has in place appropriate arrangements for good governance and financial management,

(b)to determine and promote the strategic aims and values of the Office,

(c)to provide support and advice to the Director General in the carrying out of the Director General's functions, and

(d)to monitor and review the carrying out of such functions.

(2)The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).

(3)The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

(4)In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

(5)The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.

10BEfficiency etc in exercise of functions

The Director General and the Office must carry out their functions efficiently and effectively.

10CStrategy for exercise of functions

(1)The Director General and the Office must jointly—

(a)prepare a strategy for the carrying out of their functions, and

(b)review the strategy (and revise it as appropriate) at least once every 12 months.

(2)The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.

(3)The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office.

(4)The Director General and the Office must each give effect to the strategy in carrying out their functions.

(5)The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect).

(6)In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.

10DCode of practice

(1)The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.

(2)In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions.

(3)The code must include provision as to the following—

(a)how the strategy required by section 10C is to be prepared, reviewed and revised;

(b)the matters to be covered by the strategy and the periods to be covered by it from time to time;

(c)how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office;

(d)the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General;

(e)the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so;

(f)how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2).

(4)The Code may include whatever other provision the Director General and the Office think appropriate.

(5)The Director General and the Office must jointly review the code regularly and revise it as appropriate.

(6)The Director General and the Office must each comply with the code.

(7)The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).

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Commencement Information

I50S. 34 in force for certain purposes at Royal Assent, see s. 183

I51S. 34(1)(2)(4)-(6) in force at 8.1.2018 in so far as not already in force by S.I. 2017/1249, reg. 2 (with reg. 3)

35Public recordsE+W+S+N.I.

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

Independent Office for Police Conduct.

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

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

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Commencement Information

I52S. 35 in force for certain purposes at Royal Assent, see s. 183

I53S. 35 in force at 8.1.2018 in so far as not already in force by S.I. 2017/1249, reg. 2 (with reg. 3)

CHAPTER 6E+W+S+N.I.Inspection

36Powers of inspectors to obtain information, access to police premises etcE+W

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

Powers of inspectors to obtain information etc

6A(1)An inspector may serve on a person a notice requiring the person—

(a)to provide the inspector with any information or documents that the inspector reasonably requires for the purposes of an inspection under section 54;

(b)to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for those purposes.

This is subject to sub-paragraphs (6) to (9).

(2)A notice under this paragraph must—

(a)specify or describe the information, documents, evidence or other things that are required by the inspector;

(b)specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up;

(c)where the notice is served on a person who has a right of appeal under paragraph 6D, give details of that right of appeal.

(3)In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought.

(4)A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

(5)An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(6)A notice under this paragraph must not be used to obtain information, or any document or other thing, from—

(a)the Security Service,

(b)the Secret Intelligence Service,

(c)the Government Communications Headquarters,

(d)any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities,

(e)the Crown Prosecution Service,

(f)the Service Prosecuting Authority, or

(g)the Serious Fraud Office.

(7)A notice under this paragraph must also not be used to obtain information, or any document or other thing, from any person if—

(a)the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (6), or

(b)the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.

(8)A notice under this paragraph must not require a person—

(a)to provide information that might incriminate the person;

(b)to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(c)to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

(d)to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

(9)A notice under this paragraph must not require a postal or telecommunications operator to provide communications data.

(10)In sub-paragraph (9), “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

(11)In this paragraph—

  • document” means anything in which information of any description is recorded;

  • inspector” means—

    (a)

    an inspector of constabulary,

    (b)

    a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or

    (c)

    a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph.

Powers of inspectors to obtain access to police premises

6B(1)An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to—

(a)premises that are occupied (wholly or partly) for the purposes of—

(i)a police force,

(ii)a local policing body,

(iii)a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or

(iv)any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and

(b)documents and other things on those premises.

(2)A notice under this paragraph must—

(a)specify or describe the premises to which the inspector requires access;

(b)specify the time when access is required (which may be immediately after the service of the notice).

(3)Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds.

(4)An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(5)In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph).

Failure to comply with notice under paragraph 6A or 6B

6C(1)If a person who has received a notice under paragraph 6A or 6B—

(a)fails or refuses without reasonable excuse to do what is required by the notice, or

(b)(in the case of a notice under paragraph 6A) knowingly or recklessly provides information in response to the notice that is false in a material respect,

the chief inspector of constabulary may certify in writing to the High Court that the person has failed to comply with the notice.

(2)The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

Appeals against notices under paragraph 6A

6D(1)A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.

(2)The right of appeal conferred by sub-paragraph (1) does not apply where the notice is served on a person who is—

(a)a member of a police force;

(b)a special constable;

(c)a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);

(d)a local policing body or a person employed by a local policing body;

(e)a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of a police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions;

(f)a person employed by a person providing services as mentioned in paragraph (e);

(g)any other person who is, by virtue of any enactment, carrying out any of the activities of a police force.

(3)If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal.

(4)If the Tribunal considers that the notice is not in accordance with the law—

(a)it must quash the notice, and

(b)it may give directions regarding the service of a further notice under paragraph 6A.

Sensitive information: restriction on further disclosure

6E(1)Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2)The information is—

(a)intelligence service information;

(b)protected information relating to a relevant warrant;

(c)information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i)cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii)jeopardise the safety of any person.

(3)Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(4)A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another.

(5)In this paragraph—

  • government department” means a department of Her Majesty's Government but does not include—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service, or

    (c)

    the Government Communications Headquarters (“GCHQ”);

  • inspector” means—

    (a)

    an inspector of constabulary,

    (b)

    a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or

    (c)

    a person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise);

  • intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service,

    (c)

    GCHQ, or

    (d)

    any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

  • Minister of the Crown” includes the Treasury;

  • protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

  • relevant authority” means—

    (a)

    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;

    (b)

    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;

    (c)

    in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

    (d)

    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;

    (e)

    in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;

    (f)

    in the case of information within sub-paragraph (2)(c)—

    (i)

    the Secretary of State, or

    (ii)

    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—

    (a)

    a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

    (b)

    a warrant under Chapter 1 of Part 6 of that Act.

Provision of sensitive information to inspectors

6F(1)A person who provides information that is intelligence service information or protected information relating to a relevant warrant to an inspector (whether under a provision of this Schedule or otherwise) must—

(a)make the inspector aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and

(b)provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information.

(2)In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.

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

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Commencement Information

I54S. 36 in force for certain purposes at Royal Assent, see s. 183

I55S. 36 in force at 2.5.2017 in so far as not already in force by S.I. 2017/399, reg. 4(a)

37Inspectors and inspections: miscellaneousE+W+S+N.I.

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

(7)For the purposes of this section, a police force includes—

(a)staff appointed by the chief officer of police of the police force;

(b)staff appointed by a local policing body if, or to the extent that, they are employed to assist the police force;

(c)persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of police of the police force or its local policing body), to assist the police force in relation to the discharge of its chief officer's functions;

(d)any other persons if, or to the extent that, they are engaged by virtue of any enactment in carrying out the activities of the police force.

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

(5A)The comments of the local policing body, together with any comments submitted by the chief officer of police and any response to those comments by the local policing body, must be published before the end of the period of 56 days beginning with the day on which the report is published.

(5B)If the published report includes a recommendation, the comments of the local policing body must include an explanation of—

(a)the action the local policing body has taken or proposes to take in response to the recommendation, or

(b)why the local policing body has not taken, or does not propose to take, any action in response.

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

(a)the inspectors of constabulary, and

(b)the Secretary of State.

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

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

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

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

(c)after sub-paragraph (5) insert—

(6)The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)).

(7)Before deciding to carry out, or to request another inspector to carry out, an inspection that has not been set out in an inspection programme, the chief inspector of constabulary must consult —

(a)the Secretary of State, and

(b)the local policing body for the police force to which the inspection relates.

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

(1A)The comments must be published before the end of the period of 56 days beginning with the day on which the HMIC report is published by the Secretary of State.

(1B)If the HMIC report includes a recommendation, the comments must include an explanation of—

(a)the action the Director General has taken or proposes to take in response to the recommendation, or

(b)why the Director General has not taken, or does not propose to take, any action in response.

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Commencement Information

I56S. 37 in force for certain purposes at Royal Assent, see s. 183

I57S. 37 in force at 2.5.2017 in so far as not already in force by S.I. 2017/399, reg. 4(a) (with regs. 7, 8)

Part 3 E+W+S+N.I.Police workforce and representative institutions

CHAPTER 1E+W+S+N.I.Police workforce

Powers of police civilian staff and volunteersE+W+S+N.I.

38Powers of police civilian staff and police volunteersE+W

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

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

(1)The chief officer of police of any police force may designate a relevant employee as either or both of the following—

(a)a community support officer;

(b)a policing support officer.

(1A)The chief officer of police of any police force may designate a police volunteer as either or both of the following—

(a)a community support volunteer;

(b)a policing support volunteer.

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

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

(6B)The powers and duties that may be conferred or imposed on a person designated under this section are—

(a)any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties);

(b)where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer.

(6C)The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it.

(6D)Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section.

(6E)Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person—

(a)in the area of that police force, and

(b)in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force.

(6F)A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated—

(a)in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force);

(b)only in such parts of the area of that police force as are specified in the designation;

(c)only in cases or circumstances so specified.

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

(7A)A police volunteer authorised or required to do anything by virtue of a designation under this section —

(a)shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer;

(b)shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.

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

(9A)The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation.

(9B)However, subsection (9A) does not apply to—

(a)the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances—

(i)the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile;

(ii)the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide;

(b)the use of a weapon for a purpose specified in regulations made by the Secretary of State;

(c)the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.

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

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

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

(12)In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee.

(13)For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.

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

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

(11)After Schedule 3 insert —

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

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

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Commencement Information

I58S. 38 in force for certain purposes at Royal Assent, see s. 183

I59S. 38 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(d) (with regs. 4, 5) (as amended by S.I 2017/1162, reg. 2)

39Application of Firearms Act 1968 to the police: special constables and volunteersE+W+S

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

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

(a)after paragraph (b) insert—

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

(b)after paragraph (f) insert , or

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

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

member of a police force” means—

(a)as respects England and Wales, a constable who is a member of a police force or a special constable appointed under section 27 of the Police Act 1996;

(b)as respects Scotland, a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8);

member of the British Transport Police Force” includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003;.

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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.

Commencement Information

I60S. 39 in force for certain purposes at Royal Assent, see s. 183

I61S. 39 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(e) (as amended by S.I 2017/1162, reg. 2)

40Training etc of police volunteersE+W

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

53FGuidance about designated police volunteers

(1)The College of Policing may issue guidance to chief officers of police about—

(a)the experience or qualifications that it would be appropriate for a person to have before being designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;

(b)the training to be undertaken by a person before being so designated or after being so designated.

(2)The College may from time to time revise the whole or any part of any guidance issued under this section.

(3)The College must publish any guidance issued under this section and any revision of it.

(4)Each chief officer of police must have regard to guidance issued under this section.

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

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

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

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

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Commencement Information

I62S. 40 in force for certain purposes at Royal Assent, see s. 183

I63S. 40 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(f) (as amended by S.I 2017/1162, reg. 2)

41Police volunteers: complaints and disciplinary mattersE+W

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

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

(b)at the end of paragraph (c) insert ; or

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

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

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

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

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

(b)at the end of paragraph (c) insert , and

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

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

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

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Commencement Information

I64S. 41 in force for certain purposes at Royal Assent, see s. 183

I65S. 41 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(g) (as amended by S.I 2017/1162, reg. 2)

42Police volunteers: police barred list and police advisory listE+W

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

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

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

(10)A chief officer of police may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

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

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

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

(c)the person's designation as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 is withdrawn and the reason, or one of the reasons, for the withdrawal of the designation relates to conduct, efficiency or effectiveness;

(d)the person, having been designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, decides to stop volunteering as a police volunteer (within the meaning of that section) after a relevant allegation about the person comes to the attention of the relevant authority.;

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

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

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

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

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

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

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

(b)after that paragraph insert—

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

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Commencement Information

I66S. 42 in force for certain purposes at Royal Assent, see s. 183

I67S. 42 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(h) (as amended by S.I 2017/1162, reg. 2)

43Police volunteers: inspectionE+W

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

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

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

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

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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.

Commencement Information

I68S. 43 in force for certain purposes at Royal Assent, see s. 183

I69S. 43 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(i) (as amended by S.I 2017/1162, reg. 2)

44Restrictions on designated persons acting as covert human intelligence sourcesE+W

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

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

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Commencement Information

I70S. 44 in force for certain purposes at Royal Assent, see s. 183

I71S. 44 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(j) (as amended by S.I 2017/1162, reg. 2)

45Further amendments consequential on section 38 etcE+W+S+N.I.

Schedule 12—

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

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

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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.

Commencement Information

I72S. 45 in force for certain purposes at Royal Assent, see s. 183

I73S. 45 in force at 15.12.2017 in so far as not already in force by S.I. 2017/1139, reg. 2(k) (as amended by S.I 2017/1162, reg. 2)

Removal of powers of police to appoint traffic wardensE+W+S+N.I.

46Removal of powers of police in England and Wales to appoint traffic wardensE+W+S+N.I.

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

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

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

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

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

(6)In subsection (4) of that section—

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

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

(c)in paragraph (b)—

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

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

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

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

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

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

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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.

Commencement Information

I74S. 46 in force for certain purposes at Royal Assent, see s. 183

Police rank structureE+W+S+N.I.

47Power to make regulations about police ranksE+W+S+N.I.

After section 50 of the Police Act 1996 insert—

50ARegulations for police forces: ranks

(1)The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police.

(2)The ranks must include the rank of constable.

(3)The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1).

(4)The power conferred by subsection (3) includes power to—

(a)repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1);

(b)make other amendments of legislation that are consequential on regulations under subsection (1).

(5)In subsection (4), “legislation” means any provision of—

(a)an Act (including this Act),

(b)subordinate legislation within the meaning of the Interpretation Act 1978,

(c)an Act of the Scottish Parliament or an instrument made under such an Act,

(d)a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or

(e)Northern Ireland legislation or an instrument made under Northern Ireland legislation.

(6)Regulations under this section may include transitional, transitory or saving provision.

(7)Regulations under this section may make different provision for different cases or circumstances.

50BRegulations under section 50A: procedure

(1)A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2)If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must—

(a)lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and

(b)if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms.

(3)The duty under subsection (2) does not apply if the Secretary of State considers—

(a)that it would be unlawful to make regulations in terms of the draft,

(b)that it would impair the efficiency of the police to do so, or

(c)that it would for some other reason be wrong to do so.

(4)The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless—

(a)the draft is laid in accordance with the duty under subsection (2), or

(b)the College of Policing has approved the text of the regulations.

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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.

Commencement Information

I75S. 47 in force for certain purposes at Royal Assent, see s. 183

48Section 47: consequential amendmentsE+W

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

(2)Omit—

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

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

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

(4)Omit subsection (2)(a).

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

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

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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.

Commencement Information

I76S. 48 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 2E+W+S+N.I.Representative institutions

49Duties of Police Federation for England and Wales in fulfilling its purposeE+W+S

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

(1A)In fulfilling that purpose, the Police Federation for England and Wales must—

(a)protect the public interest,

(b)maintain high standards of conduct, and

(c)maintain high standards of transparency.

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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.

Commencement Information

I77S. 49 in force for certain purposes at Royal Assent, see s. 183

50Freedom of Information Act etc: Police Federation for England and WalesE+W+S+N.I.

[F1(1)]The Police Federation for England and Wales is to be treated for the purposes of—

(a)the Freedom of Information Act 2000,

(b)[F2the data protection legislation], and

(c)section 18 of the Inquiries Act 2005,

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

[F3(2)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

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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)

F2Words in s. 50(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 210(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I78S. 50 in force for certain purposes at Royal Assent, see s. 183

51Removal of references to ACPOE+W+S+N.I.

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

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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.

Commencement Information

I79S. 51 in force for certain purposes at Royal Assent, see s. 183

Part 4 E+W+S+N.I.Police powers

CHAPTER 1E+W+N.I.Pre-charge bail

Release without bail or on bailE+W

52Arrest elsewhere than at a police station: release before chargeE+W

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

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

(3)In subsection (1)—

(a)omit “on bail”, and

(b)at the end insert

(a)without bail unless subsection (1A) applies, or

(b)on bail if subsection (1A) applies.

(4)After subsection (1) insert—

(1A)This subsection applies if—

(a)the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and

(b)a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).

(5)In subsection (2) omit “on bail”.

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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.

Commencement Information

I80S. 52 in force for certain purposes at Royal Assent, see s. 183

53Section 52: consequential amendmentsE+W

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

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

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

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

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

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

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

(5)In the heading omit “Bail under”.

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

(7)In subsection (2)—

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

(b)after paragraph (b) insert and

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

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

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

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

(b)in subsection (4) omit “on bail”.

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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.

Commencement Information

I81S. 53 in force for certain purposes at Royal Assent, see s. 183

54Release from detention at a police stationE+W

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

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

(a)without bail unless subsection (5A) applies, or

(b)on bail if subsection (5A) applies.

(3)After subsection (5) insert—

(5A)This subsection applies if—

(a)it appears to the custody officer—

(i)that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person's detention, or

(ii)that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and

(b)the pre-conditions for bail are satisfied.

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

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

(a)without bail unless the pre-conditions for bail are satisfied, or

(b)on bail if those pre-conditions are satisfied,

(subject to subsection (3)) .

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

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

(b)shall be released without charge and without bail unless the pre-conditions for bail are satisfied,

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

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

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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.

Commencement Information

I82S. 54 in force for certain purposes at Royal Assent, see s. 183

55Release following arrest for breach of bail etcE+W

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

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

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

(i)without bail unless the pre-conditions for bail are satisfied, or

(ii)on bail if those pre-conditions are satisfied.

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

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

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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.

Commencement Information

I83S. 55 in force for certain purposes at Royal Assent, see s. 183

56Release from further detention at police stationE+W

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

(a)without bail unless the pre-conditions for bail are satisfied, or

(b)on bail if those pre-conditions are satisfied.

(2)Section 42 of the Police and Criminal Evidence Act 1984 (authorisation of continued detention) is amended as follows.

(3)In subsection (10)—

(a)omit “, either on bail or without bail”, and

(b)for the words from “, unless” to the end substitute

(a)without bail unless the pre-conditions for bail are satisfied, or

(b)on bail if those pre-conditions are satisfied,

(subject to subsection (10A)) .

(4)After subsection (10) insert—

(10A)Subsection (10) does not apply if—

(a)the person has been charged with an offence, or

(b)the person's continued detention is authorised or otherwise permitted in accordance with section 43.

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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.

Commencement Information

I84S. 56 in force for certain purposes at Royal Assent, see s. 183

57Warrants of further detention: releaseE+W

(1)Section 43 of the Police and Criminal Evidence Act 1984 (warrants of further detention) is amended as follows.

(2)In subsection (15) for the words from “, either” to the end substitute

(a)without bail unless the pre-conditions for bail are satisfied, or

(b)on bail if those pre-conditions are satisfied.

(3)In subsection (18) for the words from “be released” to the end substitute , unless the person is charged, be released from police detention upon or before the expiry of the warrant—

(a)without bail unless the pre-conditions for bail are satisfied, or

(b)on bail if those pre-conditions are satisfied.

(4)In section 44(7) of the Police and Criminal Evidence Act 1984 (extension of warrants of further detention) for the words from “, either” to the end substitute

(a)without bail unless the pre-conditions for bail are satisfied, or

(b)on bail if those pre-conditions are satisfied.

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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.

Commencement Information

I85S. 57 in force for certain purposes at Royal Assent, see s. 183

58Meaning of “pre-conditions for bail”E+W

After section 50 of the Police and Criminal Evidence Act 1984 insert—

50AInterpretation of references to pre-conditions for bail

For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—

(a)that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and

(b)that an officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person or the person's legal representative).

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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.

Commencement Information

I86S. 58 in force for certain purposes at Royal Assent, see s. 183

59Release without bail: fingerprinting and samplesE+W

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

(2)In section 61(5A) (fingerprinting of person arrested for a recordable offence) —

(a)in paragraph (a) omit “in the case of a person who is on bail,”, and

(b)in paragraph (b) omit “in any case,”.

(3)In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—

(a)in paragraph (a) omit “in the case of a person who is on bail,”, and

(b)in paragraph (b) omit “in any case,”.

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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.

Commencement Information

I87S. 59 in force for certain purposes at Royal Assent, see s. 183

60Release under section 24A of the Criminal Justice Act 2003E+W

(1)Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.

(2)In subsection (2) for paragraphs (b) and (c) substitute—

(b)released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or

(c)released without charge and on bail if—

(i)the release is to enable a decision to be made as to whether the person should be charged with the offence, and

(ii)the pre-conditions for bail are satisfied.

(3)In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “ subsection (2)(c) ”.

(4)After subsection (8) insert—

(8A)In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.

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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.

Commencement Information

I88S. 60 in force for certain purposes at Royal Assent, see s. 183

Conditions of bailE+W

61Bail before charge: conditions of bail etcE+W

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

(2)In section 46A(1A) (power of arrest for failure to answer police bail) for “section 37, 37C(2)(b) or 37CA(2)(b) above” substitute “ this Part ”.

(3)Section 47 (bail after arrest) is amended as follows.

(4)In subsection (1A) for the words from “section 37” to “cases” substitute “ this Part (except sections 37C(2)(b) and 37CA(2)(b)) ”.

(5)In subsections (1B) and (1C) omit “37,”.

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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.

Commencement Information

I89S. 61 in force for certain purposes at Royal Assent, see s. 183

Time limits on period of bailE+W

62Limit on period of bail under section 30A of PACEE+W

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

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

(3)For subsection (4) substitute—

(4)The notice must also specify—

(a)the police station which the person is required to attend, and

(b)the time on the bail end date when the person is required to attend the police station.

(4)Omit subsection (4A)(c) and the “and” before it.

(5)Omit subsection (5).

(6)In subsection (6) for the words from “(5)” to the end substitute “ to attend at a different time or an additional time ”.

(7)After subsection (6) insert—

(6A)A person may not be required under subsection (6) to attend a police station at a time which is after the bail end date in relation to the person.

(8)After subsection (7) insert—

(8)In this section “bail end date”, in relation to a person, means the last day of the period of 28 days beginning with the day after the day on which the person was arrested for the offence in relation to which bail is granted under section 30A.

(9)In section 30CA (bail under section 30A: variation of conditions by police) omit subsection (1)(b) and the “or” before it.

(10)In section 30D(3) (meaning of “specified” in section 30D(1)) omit “or (5)”.

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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.

Commencement Information

I90S. 62 in force for certain purposes at Royal Assent, see s. 183

63Limits on period of bail without charge under Part 4 of PACEE+W

After section 47 of the Police and Criminal Evidence Act 1984 insert—

47ZALimits on period of bail without charge

(1)This section applies in relation to the power conferred on a custody officer, when releasing a person on bail under this Part, to appoint a time for the person to attend at a police station in accordance with section 47(3)(c).

(2)The power must be exercised so as to appoint a time on the day on which the applicable bail period in relation to the person ends, unless subsection (3) or (4) applies.

(3)This subsection applies where—

(a)at the time of the exercise of the power the person is on bail under this Part in relation to one or more offences other than the relevant offence, and

(b)the custody officer believes that it is appropriate to align the person's attendance in relation to the relevant offence with the person's attendance in relation to the one or more other offences.

(4)This subsection applies where the custody officer believes that a decision as to whether to charge the person with the relevant offence would be made before the end of the applicable bail period in relation to the person.

(5)Where subsection (3) or (4) applies, the power may be exercised so as to appoint a time on a day falling before the end of the applicable bail period in relation to the person.

(6)This section is subject to section 47ZL.

(7)In this section references to attendance are to attendance at a police station in accordance with section 47(3)(c).

(8)In this Part the “relevant offence”, in relation to a person, means the offence in respect of which the power mentioned in subsection (1) is exercised in relation to the person.

47ZBApplicable bail period: initial limit

(1)In this Part the “applicable bail period”, in relation to a person, means—

(a)in an SFO case, the period of 3 months beginning with the person's bail start date, or

(b)in an FCA case or any other case, the period of 28 days beginning with the person's bail start date.

(2)The applicable bail period in relation to a person may be extended under sections 47ZD to 47ZG or treated as extended under section 47ZJ(3).

(3)Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL and 47ZM.

(4)For the purposes of this Part—

(a)a person's bail start date is the day after the day on which the person was arrested for the relevant offence,

(b)an “FCA case” is a case in which—

(i)the relevant offence in relation to the person is being investigated by the Financial Conduct Authority, and

(ii)a senior officer confirms that sub-paragraph (i) applies,

(c)an “SFO case” is a case in which—

(i)the relevant offence in relation to the person is being investigated by the Director of the Serious Fraud Office, and

(ii)a senior officer confirms that sub-paragraph (i) applies, and

(d)senior officer” means a police officer of the rank of superintendent or above.

47ZCApplicable bail period: conditions A to D in sections 47ZD to 47ZG

(1)This section applies for the purposes of sections 47ZD to 47ZG.

(2)Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.

(3)Condition B is that the decision-maker has reasonable grounds for believing—

(a)in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or

(b)otherwise, that further investigation is needed of any matter in connection with the relevant offence.

(4)Condition C is that the decision-maker has reasonable grounds for believing—

(a)in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or

(b)otherwise, that the investigation is being conducted diligently and expeditiously.

(5)Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).

(6)In this section “decision-maker” means—

(a)in relation to a condition which falls to be considered by virtue of section 47ZD, the senior officer in question;

(b)in relation to a condition which falls to be considered by virtue of section 47ZE, the appropriate decision-maker in question;

(c)in relation to a condition which falls to be considered by virtue of section 47ZF or 47ZG, the court in question.

47ZDApplicable bail period: extension of initial limit in standard cases

(1)This section applies in relation to a person if—

(a)the applicable bail period in relation to the person is the period mentioned in section 47ZB(1)(b),

(b)that period has not ended, and

(c)a senior officer is satisfied that conditions A to D are met in relation to the person.

(2)The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 3 months beginning with the person's bail start date.

(3)Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person's legal representative to be informed that a determination is to be made.

(4)In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person's legal representative.

(5)The senior officer must arrange for the person or the person's legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

47ZEApplicable bail period: extension of limit in designated cases

(1)This section applies in relation to a person if—

(a)the person's case is an SFO case, or

(b)a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD.

(2)A qualifying prosecutor may designate the person's case as being an exceptionally complex case (a “designated case”).

(3)If an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person in a designated case, the decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person's bail start date.

(4)An appropriate decision-maker is—

(a)a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this paragraph by the Chief Executive of the Authority (in an FCA case),

(b)a member of the Serious Fraud Office who is of the Senior Civil Service (in an SFO case), or

(c)a qualifying police officer (in any other case).

(5)Before determining whether to give an authorisation under subsection (3) in relation to a person—

(a)the appropriate decision-maker must arrange for the person or the person's legal representative to be informed that a determination is to be made, and

(b)if the appropriate decision-maker is a qualifying police officer, the officer must consult a qualifying prosecutor.

(6)In determining whether to give an authorisation under subsection (3) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person's legal representative.

(7)The appropriate decision-maker must arrange for the person or the person's legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.

(8)Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.

(9)In this section—

  • qualifying police officer” means a police officer of the rank of commander or assistant chief constable or above, and

  • qualifying prosecutor” means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions.

47ZFApplicable bail period: first extension of limit by court

(1)This section applies in relation to a person if—

(a)the person's case is an SFO case,

(b)a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, or

(c)an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZE.

(2)Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3)If the court is satisfied that—

(a)conditions B to D are met in relation to the person, and

(b)the case does not fall within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4)The applicable bail period is to end—

(a)in a case falling within subsection (1)(a) or (b), at the end of the period of 6 months beginning with the person's bail start date;

(b)in a case falling within subsection (1)(c), at the end of the period of 9 months beginning with the person's bail start date.

(5)If the court is satisfied that—

(a)conditions B to D are met in relation to the person, and

(b)the case falls within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6)The applicable bail period is to end—

(a)in a case falling within subsection (1)(a) or (b), at the end of the period of 9 months beginning with the person's bail start date;

(b)in a case falling within subsection (1)(c), at the end of the period of 12 months beginning with the person's bail start date.

(7)A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).

(8)In this section “qualifying applicant” means—

(a)a constable,

(b)a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,

(c)a member of the Serious Fraud Office, or

(d)a Crown Prosecutor.

47ZGApplicable bail period: subsequent extensions of limit by court

(1)Subsections (2) to (6) apply where a court has authorised an extension of the applicable bail period in relation to a person under section 47ZF.

(2)Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3)If the court is satisfied that—

(a)conditions B to D are met in relation to the person, and

(b)the case does not fall within subsection (8),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4)The applicable bail period is to end at the end of the period of 3 months beginning with the end of the current applicable bail period in relation to the person.

(5)If the court is satisfied that—

(a)conditions B to D are met in relation to the person, and

(b)the case falls within subsection (8),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6)The applicable bail period is to end at the end of the period of 6 months beginning with the end of the current applicable bail period in relation to the person.

(7)Where a court has authorised an extension of the applicable bail period in relation to a person under subsection (3) or (5), a qualifying applicant may make further applications under subsection (2) (and subsections (3) to (6) apply accordingly).

(8)A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the current applicable bail period in relation to the person is not extended as specified in subsection (6).

(9)For the purposes of this section—

(a)references to the current applicable bail period in relation to a person are to the applicable bail period applying to the person when the application under this section is made (subject to section 47ZJ(3)), and

(b)qualifying applicant” has the same meaning as in section 47ZF.

47ZHSections 47ZF and 47ZG: withholding sensitive information

(1)This section applies where a qualifying applicant makes an application to a magistrates' court under section 47ZF or 47ZG in relation to a person.

(2)The qualifying applicant may apply to the court for it to authorise the specified information to be withheld from the person and any legal representative of the person.

(3)The court may grant an application under subsection (2) only if satisfied that there are reasonable grounds for believing that the specified information is sensitive information.

(4)For the purposes of this section information is sensitive information if its disclosure would have one or more of the following results—

(a)evidence connected with an indictable offence would be interfered with or harmed;

(b)a person would be interfered with or physically injured;

(c)a person suspected of having committed an indictable offence but not yet arrested for the offence would be alerted;

(d)the recovery of property obtained as a result of an indictable offence would be hindered.

(5)In this section “specified information” means the information specified in the application under subsection (2).

47ZISections 47ZF to 47ZH: proceedings in magistrates' court

(1)An application made to a magistrates' court under section 47ZF or 47ZG in relation to a person is to be determined by a single justice of the peace on written evidence unless subsection (2) or (3) applies.

(2)This subsection applies if—

(a)the effect of the application would be to extend the applicable bail period in relation to the person so that it ends at or before the end of the period of 12 months beginning with the person's bail start date, and

(b)a single justice of the peace considers that the interests of justice require an oral hearing.

(3)This subsection applies if—

(a)the effect of the application would be to extend the applicable bail period in relation to the person so that it ends after the end of the period of 12 months beginning with the person's bail start date, and

(b)the person, or the person who made the application, requests an oral hearing.

(4)If subsection (2) or (3) applies, the application is to be determined by two or more justices of the peace sitting otherwise than in open court.

(5)Where an application under section 47ZF or 47ZG in relation to a person is to be determined as mentioned in subsection (4), the justices may direct that the person and any legal representative of the person be excluded from any part of the hearing.

(6)The justices may give a direction under subsection (5) only if satisfied that there are reasonable grounds for believing that sensitive information would be disclosed at the part of the hearing in question.

(7)An application under section 47ZH is to be determined by a single justice of the peace on written evidence unless the justice determines that the interests of justice require an oral hearing.

(8)If the justice makes a determination under subsection (7)—

(a)the application is to be determined by two or more justices of the peace sitting otherwise than in open court, and

(b)the justices hearing the application must direct that the person to whom the application relates and any legal representative of the person be excluded from the hearing.

(9)In this section “sensitive information” has the meaning given in section 47ZH(4).

47ZJSections 47ZF and 47ZG: late applications to magistrates' court

(1)This section applies where—

(a)an application under section 47ZF or 47ZG is made to a magistrates' court before the end of the applicable bail period in relation to a person, but

(b)it is not practicable for the court to determine the application before the end of that period.

(2)The court must determine the application as soon as is practicable.

(3)The applicable bail period in relation to the person is to be treated as extended until the application is determined.

(4)If it appears to the court that it would have been reasonable for the application to have been made in time for it to have been determined by the court before the end of the applicable bail period in relation to the person, it may refuse the application.

47ZKRules

Criminal Procedure Rules may make provision in connection with applications under sections 47ZF, 47ZG and 47ZH and the proceedings for determining such applications.

47ZLApplicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)

(1)This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).

(2)The running of the applicable bail period in relation to the person—

(a)does not begin (in the case of a first release on bail), or

(b)is suspended (in any other case),

(subject to subsection (6)).

(3)Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.

(4)Subsections (5) and (6) apply if a DPP request is made in relation to the person.

(5)A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).

(6)The applicable bail period in relation to the person—

(a)begins to run on the day on which the DPP request is made (in the case of a first release on bail), or

(b)resumes running on that day (in any other case).

(7)Subsection (8) applies where—

(a)a DPP request has been made in relation to the person, and

(b)the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.

(8)The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.

(9)Subsections (10) and (11) apply if the DPP request made in relation to the person is met.

(10)The running of the applicable bail period in relation to the person is suspended.

(11)Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).

(12)For the purposes of this section—

(a)a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,

(b)a DPP request is met when the further information specified in the request is provided, and

(c)references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.

47ZMApplicable bail period: special cases of release on bail under section 30A and periods in hospital

(1)Subsections (2) and (3) apply where a person was released on bail under section 30A.

(2)The period of 28 days mentioned in section 30B(8) in relation to the person is to be treated as being the period of 28 days mentioned in section 47ZB(1)(b) in relation to the person.

(3)Any reference to the relevant offence, in relation to the person, is to be read as a reference to the offence in respect of which the power in section 30A(1) was exercised.

(4)Subsection (5) applies if, at any time on the day on which the applicable bail period in relation to a person would end, the person is in hospital as an in-patient.

(5)The running of the applicable bail period in relation to the person is to be treated as having been suspended for any day on which the patient was in hospital as an in-patient.

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Commencement Information

I91S. 63 in force for certain purposes at Royal Assent, see s. 183

64Section 63: consequential amendmentsE+W

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

(2)Section 37D (release on bail under section 37) is amended as follows.

(3)Omit subsections (1) to (3).

(4)In subsections (4) to (5) for “subsection (1) above” substitute “ section 47(4A) ”.

(5)Section 47 (bail after arrest) is amended as follows.

(6)In subsection (3)(c) at the end insert “ (subject to section 47ZA) ”.

(7)After subsection (4) insert—

(4A)Where a person has been granted bail under this Part subject to a duty to attend at a police station, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.

(4B)The custody officer must give the person notice in writing of the exercise of the power under subsection (4A).

(4C)The exercise of the power under subsection (4A) does not affect the conditions of bail (if any).

(4D)A custody officer may not appoint a time for a person's attendance under subsection (4A) which is after the end of the applicable bail period in relation to the person.

(4E)Subsection (4D) is subject to section 47ZL.

(8)In the Criminal Justice Act 2003—

(a)in section 24A(5)(b) (purposes for which person may be kept in police detention) for “section 37D(1)” substitute “ section 47(4A) ”, and

(b)in section 24B(5) (application of provisions of the Police and Criminal Evidence Act 1984)—

(i)omit paragraph (a), and

(ii)in paragraph (c) at the end insert “ except subsections (4D) and (4E) ”.

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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.

Commencement Information

I92S. 64 in force for certain purposes at Royal Assent, see s. 183

Re-arrest of person released under provisions of PACEE+W

65Release under provisions of PACE: re-arrestE+W

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

(2)In section 30C(4) (re-arrest without warrant of person released under section 30A) for the words from “new” to the end substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person's release ”.

(3)In section 41(9) (re-arrest without warrant of person released under section 41(7)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.

(4)In section 42(11) (re-arrest without warrant of person released under section 42(10)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.

(5)In section 43(19) (re-arrest without warrant of person released under section 43(18)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.

(6)In section 47(2) (re-arrest without warrant of person released on bail subject to a duty to attend at a police station) for the words from “new” to the end substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person's release ”.

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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.

Commencement Information

I93S. 65 in force for certain purposes at Royal Assent, see s. 183

Notification of decision not to prosecuteE+W

66Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecutedE+W

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

(2)In section 34 (limitations on police detention) after subsection (5A) (inserted by section 54 of this Act) insert—

(5B)Subsection (5C) applies where—

(a)a person is released under subsection (5), and

(b)the custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(5C)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(5D)Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5E)In this Part “caution” includes—

(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b)a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c)a youth caution under section 66ZA of that Act.

(3)Section 37 (duties of custody officer before charge) is amended as follows.

(4)After subsection (6) insert—

(6A)Subsection (6B) applies where—

(a)a person is released under subsection (2), and

(b)the custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6B)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(6C)Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5)After subsection (8) insert—

(8ZA)Where—

(a)a person is released under subsection (7)(b) or (c), and

(b)the custody officer makes a determination as mentioned in subsection (6A)(b),

subsections (6B) and (6C) apply.

(6)Section 37B (consultation with Director of Public Prosecutions) is amended as follows.

(7)After subsection (5) insert—

(5A)Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(8)Omit subsection (9).

(9)In section 37CA (release following arrest for breach of bail) after subsection (4) insert—

(5)Subsection (6) applies where—

(a)a person is released under subsection (2), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(7)Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(10)In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—

(a)in paragraph (d) for “(5)” substitute “ (5E) ”, and

(b)in paragraph (f) for “(6)” substitute “ (6C) ”.

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Commencement Information

I94S. 66 in force for certain purposes at Royal Assent, see s. 183

67Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecutedE+W

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

(2)In section 41 (limits on period of detention without charge) after subsection (9) insert—

(10)Subsection (11) applies where—

(a)a person is released under subsection (7), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(11)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(12)Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(3)In section 42 (authorisation of continued detention) after subsection (11) insert—

(12)Subsection (13) applies where—

(a)a person is released under subsection (10), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(13)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(14)Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(4)In section 43 (warrants of further detention) after subsection (19) insert—

(20)Subsection (21) applies where—

(a)a person is released under subsection (15) or (18), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(21)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(22)Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5)In section 44 (extension of warrants of further detention) after subsection (8) insert—

(9)Subsection (10) applies where—

(a)a person is released under subsection (7), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(10)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(11)Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

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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.

Commencement Information

I95S. 67 in force for certain purposes at Royal Assent, see s. 183

Breach of pre-charge bail conditions relating to travelE+W+N.I.

68Offence of breach of pre-charge bail conditions relating to travelE+W+N.I.

(1)This section applies where—

(a)a person is arrested under section 24 of the Police and Criminal Evidence Act 1984, or under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12), in respect of an offence mentioned in section 41(1) or (2) of the Counter-Terrorism Act 2008,

(b)the person is released without charge and on bail under Part 4 of the 1984 Act or (as the case may be) Part 5 of the 1989 Order, and

(c)the release on bail is subject to a travel restriction condition.

(2)Each of the following is a travel restriction condition—

(a)a condition that the person must not leave the United Kingdom,

(b)a condition that the person must not enter any port, or one or more particular ports, in the United Kingdom,

(c)a condition that the person must not go to a place in Northern Ireland that is within one mile of the border between Northern Ireland and the Republic of Ireland,

(d)a condition that the person must surrender all of his or her travel documents or all of his or her travel documents that are of a particular kind,

(e)a condition that the person must not have any travel documents, or travel documents of a particular kind, in his or her possession (whether the documents relate to that person or to another person),

(f)a condition that the person must not obtain, or seek to obtain, any travel documents (whether relating to that person or to another person) or travel documents of a particular kind.

(3)The person commits an offence if—

(a)the person's release on bail is subject to the travel restriction condition mentioned in subsection (2)(a) and he or she fails to comply with the condition, or

(b)the person's release on bail is subject to a travel restriction condition mentioned in subsection (2)(b) to (f) and he or she fails, without reasonable excuse, to comply with the condition.

(4)A person guilty of an offence under subsection (3) is liable—

(a)on summary conviction—

(i)in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii)in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.

(5)Where an offence under this section is committed by a person released without charge and on bail under Part 4 of the Police and Criminal Evidence Act 1984, the offence is to be treated as having been committed in England and Wales (whether or not the conduct constituting the offence took place there).

(6)Where an offence under this section is committed by a person released without charge and on bail under Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), the offence is to be treated as having been committed in Northern Ireland (whether or not the conduct constituting the offence took place there).

(7)Section 69 defines words used in subsection (2).

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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.

Commencement Information

I96S. 68 in force for certain purposes at Royal Assent, see s. 183

69Offence of breach of pre-charge bail conditions relating to travel: interpretationE+W+N.I.

(1)This section defines words used in section 68(2).

(2)Travel document” means anything that is or appears to be—

(a)a passport, or

(b)a ticket or other document that permits a person to make a journey by any means from a place within the United Kingdom to a place outside the United Kingdom.

(3)Passport” means—

(a)a United Kingdom passport (within the meaning of the Immigration Act 1971),

(b)a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or

(c)a document that can be used (in some or all circumstances) instead of a passport.

(4)Port” means—

(a)an airport,

(b)a sea port,

(c)a hoverport,

(d)a heliport,

(e)a railway station where passenger trains depart for places outside the United Kingdom, or

(f)any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with leaving the United Kingdom.

Annotations: Help about Annotation
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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.

Commencement Information

I97S. 69 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 2E+W+S+N.I.Retention of biometric material

70Retention of fingerprints and DNA profiles: PACEE+W

(1)Part 5 of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police) is amended as follows.

(2)In section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence), after subsection (2) insert—

(2A)In subsection (2), references to a recordable offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (and, in the application of subsection (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

(3)In that section, after subsection (11) insert—

(12)For the purposes of the definition of “excluded offence” in subsection (11)—

(a)references to a recordable offence or a qualifying offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and

(b)in the application of paragraph (b) of that definition in relation to an offence under the law of a country or territory outside England and Wales, the reference to a relevant custodial sentence of 5 years or more is to be read as a reference to a sentence of imprisonment or other form of detention of 5 years or more.

(4)In section 63H (retention of section 63D material: persons arrested for or charged with a minor offence), after subsection (2) insert—

(2A)In subsection (2), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

(5)In that section, in subsection (3), after “section 63F(11)” insert “ (read with section 63F(12)) ”.

(6)After section 63I insert—

63IARetention of material: persons convicted of an offence outside England and Wales after taking of section 63D material

(1)This section applies where—

(a)section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,

(b)at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales, and

(c)the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales.

(2)The material may be retained indefinitely.

(3)This section does not apply where section 63KA applies.

(7)In the heading of section 63J, at the end insert “ : other cases ”.

(8)In section 63K (retention of section 63D material: exception for persons under 18 convicted of minor offence), after subsection (1) insert—

(1A)In subsection (1)(a)(ii), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

(9)In that section, after subsection (5) insert—

(5A)In subsection (5), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.

(10)After section 63K insert—

63KARetention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales

(1)This section applies where—

(a)section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,

(b)at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales,

(c)the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales but would not constitute a qualifying offence,

(d)the person is aged under 18 at the time of the offence mentioned in paragraph (b), and

(e)the person has not previously been convicted of a recordable offence.

(2)In subsection (1)(e), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

(3)Where the person is sentenced to imprisonment or another form of detention for less than 5 years in respect of the offence mentioned in subsection (1)(b), the section 63D material may be retained until the end of the period consisting of the term of the sentence plus 5 years.

(4)Where the person is sentenced to imprisonment or another form of detention for 5 years or more in respect of the offence mentioned in subsection (1)(b), the material may be retained indefinitely.

(5)Where the person is given a sentence other than a sentence of imprisonment or other form of detention in respect of the offence mentioned in subsection (1)(b), the material may be retained until the end of the period of 5 years beginning with the date on which the person was arrested for the offence (or, if the person was not arrested for the offence, the date on which the person was charged with it).

(6)But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.

(7)In subsection (6), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.

(11)In section 63N (retention of section 63D material given voluntarily), after subsection (4) insert—

(5)The reference to a recordable offence in subsection (3)(a) includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.

(6)The reference to a recordable offence in subsections (3)(b) and (4), and the reference to a qualifying offence in subsection (4), includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

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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.

Commencement Information

I98S. 70 in force for certain purposes at Royal Assent, see s. 183

71Retention of fingerprints and DNA profiles: Terrorism Act 2000E+W+S+N.I.

(1)Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

(2)In paragraph 20B (retention of paragraph 20A material: persons detained under section 41), after sub-paragraph (2) insert—

(2A)In sub-paragraph (2) —

(a)the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—

(i)a recordable offence under the law of England and Wales if done there, or

(ii)a recordable offence under the law of Northern Ireland if done there,

(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);

(b)the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

(3)In paragraph 20C (retention of paragraph 20A material: persons detained under Schedule 7), after sub-paragraph (2) insert—

(2A)In sub-paragraph (2) —

(a)the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—

(i)a recordable offence under the law of England and Wales if done there, or

(ii)a recordable offence under the law of Northern Ireland if done there,

(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);

(b)the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

(4)In paragraph 20D (interpretation), after sub-paragraph (5) insert—

(5A)For the purposes of sub-paragraph (4)—

(a)a person is to be treated as having previously been convicted in England and Wales of a recordable offence if —

(i)the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii)the act constituting the offence would constitute a recordable offence under the law of England and Wales if done there (whether or not it constituted such an offence when the person was convicted);

(b)a person is to be treated as having previously been convicted in Northern Ireland of a recordable offence if—

(i)the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii)the act constituting the offence would constitute a recordable offence under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted);

(c)a person is to be treated as having previously been convicted in Scotland of an offence which is punishable by imprisonment if—

(i)the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii)the act constituting the offence would constitute an offence punishable by imprisonment under the law of Scotland if done there (whether or not it constituted such an offence when the person was convicted);

(d)the reference in sub-paragraph (4)(b) to a qualifying offence includes a reference to an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute a qualifying offence under the law of England and Wales if done there or (as the case may be) under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted).

(5B)For the purposes of paragraphs 20B and 20C and this paragraph—

(a)offence, in relation to any country or territory outside the United Kingdom, includes an act punishable under the law of that country or territory, however it is described;

(b)a person has in particular been convicted of an offence under the law of a country or territory outside the United Kingdom if—

(i)a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity, or

(ii)such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence.

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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.

Commencement Information

I99S. 71 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 3E+W+S+N.I.Powers under PACE: miscellaneous

72PACE: entry and search of premises for the purpose of arrestE+W

In section 17 of the Police and Criminal Evidence Act 1984 (entry for the purpose of arrest) after subsection (1)(caa) insert—

(cab)of arresting a person under any of the following provisions—

(i)section 30D(1) or (2A);

(ii)section 46A(1) or (1A);

(iii)section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);

(iv)section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);

(v)section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);.

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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.

Commencement Information

I100S. 72 in force for certain purposes at Royal Assent, see s. 183

73PACE: treatment of those aged 17E+W

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

(2)In section 30A (bail elsewhere than at police station), in subsection (3B)(d), for “under the age of 17” substitute “ under the age of 18 ”.

(3)In section 63B (testing for presence of class A drugs)—

(a)in subsection (5A), for “has not attained the age of 17” substitute “ has not attained the age of 18 ”;

(b)in subsection (10), in the definition of “appropriate adult”, for “has not attained the age of 17” substitute “ has not attained the age of 18 ”.

(4)In section 65 (which makes provision to supplement the provisions of Part 5 on the questioning and treatment of persons by the police), in subsection (1), in the definition of “appropriate consent”, in paragraph (a), for “has attained the age of 17 years” substitute “ has attained the age of 18 years ”.

Annotations: Help about Annotation
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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.

Commencement Information

I101S. 73 in force for certain purposes at Royal Assent, see s. 183

74PACE: detention: use of live linksE+W

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

(2)After section 45 insert—

Use of live linksE+W
45ZAFunctions of extending detention: use of live links

(1)The functions of a police officer under section 42(1) or (2) may be performed, in relation to an arrested person who is held at a police station, by an officer who is not present at the police station but has access to the use of a live link if—

(a)a custody officer considers that the use of the live link is appropriate,

(b)the arrested person has had advice from a solicitor on the use of the live link, and

(c)the appropriate consent to the use of the live link has been given.

(2)In subsection (1)(c), “the appropriate consent” means—

(a)in relation to a person who has attained the age of 18, the consent of that person;

(b)in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;

(c)in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.

(3)The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.

(4)Section 42 applies with the modifications set out in subsections (5) to (7) below in any case where the functions of a police officer under that section are, by virtue of subsection (1), performed by an officer who is not at the police station where the arrested person is held.

(5)Subsections (5)(b) and (9)(iii) and (iv) of that section are each to be read as if, instead of requiring the officer to make a record, they required the officer to cause another police officer to make a record.

(6)Subsection (6) of that section is to be read as if it required the officer to give the persons mentioned in that subsection an opportunity to make representations—

(a)if facilities exist for the immediate transmission of written representations to the officer, either in writing by means of those facilities or orally by means of the live link, or

(b)in any other case, orally by means of the live link.

(7)Subsection (9) of that section is to be read as if the reference in paragraph (b) to the right conferred by section 58 were omitted.

(8)In this section—

  • live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person's solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);

  • vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under section 42(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);

  • appropriate adult”, in relation to a person who has not attained the age of 18, means—

    (a)

    the persons's parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

    (b)

    a social worker of a local authority, or

    (c)

    if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

  • appropriate adult”, in relation to a vulnerable adult, means—

    (a)

    a relative, guardian or other person responsible for the vulnerable adult's care,

    (b)

    a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or

    (c)

    if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(9)In subsection (8), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

45ZBWarrants for further detention: use of live links

(1)A magistrates' court may give a live link direction for the purpose of the hearing of an application under section 43 for a warrant authorising further detention of a person, or the hearing of an application under section 44 for an extension of such a warrant, if—

(a)a custody officer considers that the use of a live link for that purpose is appropriate,

(b)the person to whom the application relates has had legal advice on the use of the live link,

(c)the appropriate consent to the use of the live link has been given, and

(d)it is not contrary to the interests of justice to give the direction.

(2)In subsection (1)(c), “the appropriate consent” means—

(a)in relation to a person who has attained the age of 18, the consent of that person;

(b)in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;

(c)in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.

(3)Where a live link direction is given, the requirement under section 43(2)(b) for the person to whom the application relates to be brought before the court for the hearing does not apply.

(4)In this section—

  • live link direction” means a direction that a live link be used for the purposes of the hearing;

  • live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

  • vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of the hearing or what occurs at it (whether because of a mental disorder or for any other reason);

  • appropriate adult”, in relation to a person aged under 18, means—

    (a)

    the person's parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

    (b)

    a social worker of a local authority, or

    (c)

    if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

  • appropriate adult”, in relation to a vulnerable adult, means—

    (a)

    a relative, guardian or other person responsible for the appropriate adult's care,

    (b)

    a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or

    (c)

    if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(5)In subsection (4), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

(3)In section 45 (detention before charge-supplementary), in subsection (1), for “sections 43 and 44” substitute “ sections 43, 44 and 45ZB ”.

(4)In section 45A—

(a)for the heading substitute “ Use of live links for other decisions about detention ”;

(b)in subsection (1)(b), for the words from “video-conferencing facilities” to the end substitute “ a live link ”;

(c)in subsection (3), for “the facilities mentioned in subsection (1) above” substitute “ a live link ”;

(d)in subsection (7), in each of paragraphs (a)(i) and (b), for “the video-conferencing facilities” substitute “ the live link ”;

(e)for subsection (10) substitute—

(10)In this section, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).

(5)In consequence of the amendments made by subsection (4), in section 40A—

(a)in subsection (2)(a), for “video-conferencing facilities” substitute “ a live link ”;

(b)in subsection (5), for “video-conferencing facilities” substitute “ live link ”.

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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.

Commencement Information

I102S. 74 in force for certain purposes at Royal Assent, see s. 183

75PACE: interviews: use of live linksE+W

(1)Section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) is amended as follows.

(2)In subsection (2)(a), for “a police officer investigating an offence for which that person is in police detention” substitute “ another police officer at the police station where the person is in police detention, for the purpose of an interview that is part of the investigation of an offence for which the person is in police detention or otherwise in connection with the investigation of such an offence ”.

(3)After subsection (3) insert—

(3A)Subsections (3B) and (3C) apply if the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention to an officer mentioned in subsection (2)(a) for the purpose of an interview that is to be conducted to any extent by means of a live link by another police officer who is investigating the offence but is not at the police station where the person in police detention is held at the time of the interview.

(3B)The officer who is not at the police station has the same duty as the officer mentioned in subsection (2)(a) to ensure that the person is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1).

(3C)If the person detained is subsequently returned to the custody of the custody officer, the officer who is not at the police station also has the same duty under subsection (3) as the officer mentioned in subsection (2)(a).

(3D)For the purpose of subsection (3C), subsection (3) applies as if the reference to “in his custody” were a reference to “being interviewed”.

(3E)In subsection (3A), “live link” means an arrangement by which the officer who is not at the police station is able to see and hear, and to be seen and heard by, the person in police detention, any legal representative of that person and the officer who has custody of that person at the police station (and for this purpose any impairment of eyesight or hearing is to be disregarded).

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Commencement Information

I103S. 75 in force for certain purposes at Royal Assent, see s. 183

76PACE: audio recording of interviewsE+W+S+N.I.

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

(2)In section 60 (which currently makes provision about the tape-recording of interviews)—

(a)in subsection (1), in each of paragraphs (a) and (b), for “tape-recording” substitute “ audio recording ”;

(b)in the heading of the section, for “Tape-recording” substitute “ Audio recording ”.

(3)In section 113 (application of Act to armed forces), in subsection (4)(a), for “tape-recording” substitute “ audio recording ”.

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Commencement Information

I104S. 76 in force for certain purposes at Royal Assent, otherwise 31.3.2017, see s. 183

77PACE: duty to notify person interviewed that not to be prosecutedE+W

After section 60A of the Police and Criminal Evidence Act 1984 insert—

60BNotification of decision not to prosecute person interviewed

(1)This section applies where—

(a)a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and

(b)the police officer in charge of investigating the offence determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(2)A police officer must give the person notice in writing that the person is not to be prosecuted.

(3)Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(4)In this section “caution” includes—

(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b)a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c)a youth caution under section 66ZA of that Act.

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Commencement Information

I105S. 77 in force for certain purposes at Royal Assent, see s. 183

78PACE: consultation on codes of practiceE+W

In section 67 of the Police and Criminal Evidence Act 1984 (codes of practice: supplementary), after subsection (4) insert—

(4A)The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—

(a)the revision is necessary in consequence of legislation, and

(b)the Secretary of State has no discretion as to the nature of the revision.

(4B)Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.

(4C)In subsection (4A), “legislation” means any provision of—

(a)an Act,

(b)subordinate legislation within the meaning of the Interpretation Act 1978.

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Commencement Information

I106S. 78 in force for certain purposes at Royal Assent, see s. 183

79Definition of “appropriate adult” in criminal justice legislationE+W

(1)In section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs), in subsection (10), in paragraph (c), in the definition of “appropriate adult”, for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.

(2)In section 66ZA of the Crime and Disorder Act 1998 (youth cautions), in subsection (7) (which defines “appropriate adult”), in paragraph (d), for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.

(3)In section 161 of the Criminal Justice Act 2003 (pre-sentence drug testing), in subsection (8) (which defines “appropriate adult”), in paragraph (c), for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.

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Commencement Information

I107S. 79 in force for certain purposes at Royal Assent, see s. 183

CHAPTER 4E+WPowers under the Mental Health Act 1983

80Extension of powers under sections 135 and 136 of the Mental Health Act 1983E+W

(1)The Mental Health Act 1983 is amended as follows.

(2)In section 135 (warrant to search for and remove patients), after subsection (1) insert—

(1A)If the premises specified in the warrant are a place of safety, the constable executing the warrant may, instead of removing the person to another place of safety, keep the person at those premises for the purpose mentioned in subsection (1).

(3)In subsection (3) of that section—

(a)for “under this section” substitute “ under subsection (1) ”;

(b)before “may” insert “ , or kept at the premises specified in the warrant under subsection (1A), ”.

(4)In section 136 (mentally disordered persons found in public places), for subsection (1) substitute—

(1)If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—

(a)remove the person to a place of safety within the meaning of section 135, or

(b)if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.

(1A)The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than—

(a)any house, flat or room where that person, or any other person, is living, or

(b)any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms.

(1B)For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.

(5)After subsection (1B) of that section (inserted by subsection (4) above) insert—

(1C)Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult—

(a)a registered medical practitioner,

(b)a registered nurse,

(c)an approved mental health professional, or

(d)a person of a description specified in regulations made by the Secretary of State.

(6)In subsection (2) of that section, for “removed to” substitute “ removed to, or kept at, ”.

(7)For the heading of that section substitute “ Removal etc of mentally disordered persons without a warrant ”.

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Commencement Information

I108S. 80 in force for certain purposes at Royal Assent, see s. 183

I109S. 80 in force at 11.12.2017 in so far as not already in force by S.I. 2017/1017, reg. 3(a) (with reg. 4)

81Restrictions on places that may be used as places of safetyE+W

(1)The Mental Health Act 1983 is amended as follows.

(2)In section 135 (warrant to search for and remove patients), in subsection (6), omit the words “the occupier of which is willing temporarily to receive the patient”.

(3)After subsection (6) of that section insert—

(7)For the purpose of subsection (6)—

(a)a house, flat or room where a person is living may not be regarded as a suitable place unless—

(i)if the person believed to be suffering from a mental disorder is the sole occupier of the place, that person agrees to the use of the place as a place of safety;

(ii)if the person believed to be suffering from a mental disorder is an occupier of the place but not the sole occupier, both that person and one of the other occupiers agree to the use of the place as a place of safety;

(iii)if the person believed to be suffering from a mental disorder is not an occupier of the place, both that person and the occupier (or, if more than one, one of the occupiers) agree to the use of the place as a place of safety;

(b)a place other than one mentioned in paragraph (a) may not be regarded as a suitable place unless a person who appears to the constable exercising powers under this section to be responsible for the management of the place agrees to its use as a place of safety.

(4)After subsection (7) of that section (inserted by subsection (3) above) insert—

(8)This section is subject to section 136A which makes provision about the removal and taking of persons to a police station under this section.

(5)In section 136, after subsection (4) insert—

(5)This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section.

(6)After section 136 insert—

136AUse of police stations as places of safety

(1)A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.

(2)The Secretary of State may by regulations—

(a)provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;

(b)make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.

(3)Regulations under this section—

(a)may make different provision for different cases;

(b)may make provision that applies subject to specified exceptions;

(c)may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.

(4)The powers to which this section applies are—

(a)the power to remove a person to a place of safety under a warrant issued under section 135(1);

(b)the power to take a person to a place of safety under section 135(3A);

(c)the power to remove a person to, or to keep a person at, a place of safety under section 136(1);

(d)the power to take a person to a place of safety under section 136(3).

(5)In this section—

(a)child” means a person aged under 18;

(b)adult” means a person aged 18 or over.

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Commencement Information

I110S. 81 in force for certain purposes at Royal Assent, see s. 183

I111S. 81 in force at 11.12.2017 in so far as not already in force by S.I. 2017/1017, reg. 3(b) (with reg. 4)

82Periods of detention in places of safety etcE+W

(1)The Mental Health Act 1983 is amended as follows.

(2)In section 135 (warrant to search for and remove patients)—

(a)in subsection (3), for “72 hours” substitute “ the permitted period of detention ”;

(b)after subsection (3) insert—

(3ZA)In subsection (3), “the permitted period of detention” means—

(a)the period of 24 hours beginning with—

(i)in a case where the person is removed to a place of safety, the time when the person arrives at that place;

(ii)in a case where the person is kept at the premises specified in the warrant, the time when the constable first entered the premises to execute the warrant; or

(b)where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.;

(c)in subsection (3A), for “the period of 72 hours” substitute “ the permitted period of detention ”;

(d)in subsection (3B), for “the period of 72 hours” substitute “ the permitted period of detention ”.

(3)In section 136 (mentally disordered persons found in public places)—

(a)in subsection (2), for “72 hours” substitute “ the permitted period of detention ”;

(b)after subsection (2) insert—

(2A)In subsection (2), “the permitted period of detention” means—

(a)the period of 24 hours beginning with—

(i)in a case where the person is removed to a place of safety, the time when the person arrives at that place;

(ii)in a case where the person is kept at a place of safety, the time when the constable decides to keep the person at that place; or

(b)where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.;

(c)in subsection (3), for “the period of 72 hours” substitute “ the permitted period of detention ”;

(d)in subsection (4), for “the period of 72 hours” substitute “ the permitted period of detention ”.

(4)After section 136A (inserted by section 81) insert—

136BExtension of detention

(1)The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours).

(2)An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).

(3)If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it.

(5)In section 138 (retaking of patients escaping from custody), in subsection (3), for the words from “after the expiration of the period” to the end of the subsection substitute “—

(a)in a case where the person escapes while being removed to a place of safety in the execution of a warrant under section 135(1) or under section 136(1), after the end of the period of 24 hours beginning with the escape;

(b)in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped).”

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Commencement Information

I112S. 82 in force for certain purposes at Royal Assent, see s. 183

I113S. 82 in force at 11.12.2017 in so far as not already in force by S.I. 2017/1017, reg. 3(c) (with reg. 4)

83Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983E+W

After section 136B of the Mental Health Act 1983 (inserted by section 82) insert—

136CProtective searches

(1)Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—

(a)may present a danger to himself or herself or to others, and

(b)is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

(2)The power to search conferred by subsection (1) may be exercised—

(a)in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;

(b)in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.

(3)Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—

(a)may present a danger to himself or herself or to others, and

(b)is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

(4)The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.

(5)The power to search conferred by subsection (1) or (3)—

(a)does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but

(b)does authorise a search of a person's mouth.

(6)A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.

(7)The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.

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Commencement Information

I114S. 83 in force for certain purposes at Royal Assent, see s. 183

I115S. 83 in force at 11.12.2017 in so far as not already in force by S.I. 2017/1017, reg. 3(d) (with reg. 4)

CHAPTER 5E+W+SMaritime enforcement: English and Welsh offences

Application of maritime enforcement powers: generalE+W+S

84Application of maritime enforcement powers: generalE+W+S

(1)A law enforcement officer may, for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales, exercise any of the maritime enforcement powers in relation to—

(a)a United Kingdom ship in England and Wales waters, foreign waters or international waters,

(b)a ship without nationality in England and Wales waters or international waters,

(c)a foreign ship in England and Wales waters or international waters, or

(d)a ship, registered under the law of a relevant territory, in England and Wales waters or international waters.

(2)In this Chapter, “the maritime enforcement powers” are the powers set out in—

(a)section 88 (power to stop, board, divert and detain);

(b)section 89 (power to search and obtain information);

(c)section 90 (power of arrest and seizure).

(3)The following persons are “law enforcement officers” for the purpose of this Chapter—

(a)a constable who is a member of a police force in England and Wales,

(b)a special constable appointed under section 27 of the Police Act 1996,

(c)a constable who is a member of the British Transport Police Force,

(d)a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964,

(e)a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),

(f)a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or

(g)a person of a description specified in regulations made by the Secretary of State.

(4)Regulations under subsection (3)(g) are to be made by statutory instrument.

(5)A statutory instrument containing regulations under subsection (3)(g) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)This section is subject to section 85 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).

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Commencement Information

I116S. 84 in force for certain purposes at Royal Assent, see s. 183

I117S. 84 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, art. 2(d)

85Restriction on exercise of maritime enforcement powersE+W

(1)The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 84(1), in relation to a United Kingdom ship in foreign waters.

(2)The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.

(3)The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 84(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales or in international waters.

(4)The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—

(a)the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales,

(b)the home state has authorised the United Kingdom to act for that purpose, or

(c)the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.

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Commencement Information

I118S. 85 in force for certain purposes at Royal Assent, see s. 183

I119S. 85 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, art. 2(d)

Ships in Scotland waters: hot pursuitE+W+S

86Hot pursuit of ships in Scotland watersE+W+S

(1)A law enforcement officer may, for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales, exercise any of the maritime enforcement powers in relation to a ship in Scotland waters if—

(a)the ship is pursued there,

(b)immediately before the pursuit of the ship, the ship was in England and Wales waters or international waters,

(c)before the pursuit of the ship, a signal was given for it to stop,

(d)the signal was given in such a way as to be audible or visible from the ship, and

(e)the pursuit of the ship is not interrupted.

(2)For the purposes of subsection (1)(e), pursuit is not interrupted by reason only of the fact that—

(a)the method of carrying out the pursuit, or

(b)the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(3)This section is subject to section 87 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland).

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Commencement Information

I120S. 86 in force for certain purposes at Royal Assent, see s. 183

I121S. 86 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, art. 2(d)

87Restriction on exercise of maritime enforcement powers in hot pursuitE+W+S

(1)The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 86, in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland.

(2)The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—

(a)the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales,

(b)the home state has authorised the United Kingdom to act for that purpose, or

(c)the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.

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Commencement Information

I122S. 87 in force for certain purposes at Royal Assent, see s. 183

I123S. 87 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, art. 2(d)

The maritime enforcement powersE+W+S

88Power to stop, board, divert and detainE+W+S

(1)This section applies if a law enforcement officer has reasonable grounds to suspect that—

(a)an offence under the law of England and Wales is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86, or

(b)a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.

(2)The law enforcement officer may—

(a)stop the ship;

(b)board the ship;

(c)require the ship to be taken to a port in England and Wales or elsewhere and detained there.

(3)Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4)The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.

(5)If the law enforcement officer is acting under authority given for the purposes of section 85(3) or 87(1), the law enforcement officer may require the ship to be taken to—

(a)a port in the home state or relevant territory in question, or

(b)if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.

(6)The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).

(7)A law enforcement officer must give notice in writing to the master of any ship detained under this section.

(8)The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.

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Commencement Information

I124S. 88 in force for certain purposes at Royal Assent, see s. 183

I125S. 88 in force at 1.3.2018 in so far as not already in force by S.I. 2018/227, art. 2(d)

89Power to search and obtain informationE+W+S

(1)This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of England and Wales (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86.

(2)The law enforcement officer may search—

(a)the ship;

(b)anyone found on the ship;

(c)anything found on the ship (including cargo).

(3)The law enforcement officer may require a person found on the ship to give information about himself or herself or about anything found on the ship.

(4)The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).

(5)The power to search a person conferred by subsection (2