Search Legislation

Policing and Crime Act 2017

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Emergency services collaboration

    1. CHAPTER 1 Collaboration agreements

      1. 1.Collaboration agreements

      2. 2.Duties in relation to collaboration agreements

      3. 3.Collaboration agreements: specific restrictions

      4. 4.Collaboration agreements: supplementary

      5. 5.Collaboration agreements: definitions

    2. CHAPTER 2 Police and crime commissioners etc: fire and rescue functions

      1. 6.Provision for police and crime commissioner to be fire and rescue authority

      2. 7.Involvement of police and crime commissioner in fire and rescue authority

      3. 8.Combined authority mayors: exercise of fire and rescue functions

    3. CHAPTER 3 London Fire Commissioner

      1. 9.The London Fire Commissioner

      2. 10.Transfer of property, rights and liabilities to the London Fire Commissioner

    4. CHAPTER 4 Inspection of fire and rescue services

      1. 11.Inspection of fire and rescue services

      2. 12.Fire safety inspections

  3. Part 2 Police complaints, discipline and inspection

    1. CHAPTER 1 Police complaints

      1. 13.Local policing bodies: functions in relation to complaints

      2. 14.Definition of police complaint

      3. 15.Duty to keep complainant and other interested persons informed

      4. 16.Complaints, conduct matters and DSI matters: procedure

      5. 17.Initiation of investigations by IPCC

      6. 18.IPCC power to require re-investigation

      7. 19.Sensitive information received by IPCC: restriction on disclosure

      8. 20.Investigations by IPCC: powers of seizure and retention

      9. 21.References to England and Wales in connection with IPCC functions

      10. 22.Oversight functions of local policing bodies

      11. 23.Delegation of functions by local policing bodies

      12. 24.Transfer of staff to local policing bodies

    2. CHAPTER 2 Police super-complaints

      1. 25.Power to make super-complaints

      2. 26.Bodies who may make super-complaints

      3. 27.Regulations about super-complaints

    3. CHAPTER 3 Whistle-blowing: power of IPCC to investigate

      1. 28.Investigations by the IPCC: whistle-blowing

    4. CHAPTER 4 Police discipline

      1. 29.Disciplinary proceedings: former members of police forces and former special constables

      2. 30.Police barred list and police advisory list

      3. 31.Appeals to Police Appeals Tribunals

      4. 32.Guidance concerning disciplinary proceedings and conduct etc

    5. CHAPTER 5 IPCC: re-naming and organisational change

      1. 33.Independent Office for Police Conduct

      2. 34.Exercise of functions

      3. 35.Public records

    6. CHAPTER 6 Inspection

      1. 36.Powers of inspectors to obtain information, access to police premises etc

      2. 37.Inspectors and inspections: miscellaneous

  4. Part 3 Police workforce and representative institutions

    1. CHAPTER 1 Police workforce

      1. Powers of police civilian staff and volunteers

        1. 38.Powers of police civilian staff and police volunteers

        2. 39.Application of Firearms Act 1968 to the police: special constables and volunteers

        3. 40.Training etc of police volunteers

        4. 41.Police volunteers: complaints and disciplinary matters

        5. 42.Police volunteers: police barred list and police advisory list

        6. 43.Police volunteers: inspection

        7. 44.Restrictions on designated persons acting as covert human intelligence sources

        8. 45.Further amendments consequential on section 38 etc

      2. Removal of powers of police to appoint traffic wardens

        1. 46.Removal of powers of police in England and Wales to appoint traffic wardens

      3. Police rank structure

        1. 47.Power to make regulations about police ranks

        2. 48.Section 47: consequential amendments

    2. CHAPTER 2 Representative institutions

      1. 49.Duties of Police Federation for England and Wales in fulfilling its purpose

      2. 50.Freedom of Information Act etc: Police Federation for England and Wales

      3. 51.Removal of references to ACPO

  5. Part 4 Police powers

    1. CHAPTER 1 Pre-charge bail

      1. Release without bail or on bail

        1. 52.Arrest elsewhere than at a police station: release before charge

        2. 53.Section 52: consequential amendments

        3. 54.Release from detention at a police station

        4. 55.Release following arrest for breach of bail etc

        5. 56.Release from further detention at police station

        6. 57.Warrants of further detention: release

        7. 58.Meaning of “pre-conditions for bail”

        8. 59.Release without bail: fingerprinting and samples

        9. 60.Release under section 24A of the Criminal Justice Act 2003

      2. Conditions of bail

        1. 61.Bail before charge: conditions of bail etc

      3. Time limits on period of bail

        1. 62.Limit on period of bail under section 30A of PACE

        2. 63.Limits on period of bail without charge under Part 4 of PACE

        3. 64.Section 63: consequential amendments

      4. Re-arrest of person released under provisions of PACE

        1. 65.Release under provisions of PACE: re-arrest

      5. Notification of decision not to prosecute

        1. 66.Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

        2. 67.Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted

      6. Breach of pre-charge bail conditions relating to travel

        1. 68.Offence of breach of pre-charge bail conditions relating to travel

        2. 69.Offence of breach of pre-charge bail conditions relating to travel: interpretation

    2. CHAPTER 2 Retention of biometric material

      1. 70.Retention of fingerprints and DNA profiles: PACE

      2. 71.Retention of fingerprints and DNA profiles: Terrorism Act 2000

    3. CHAPTER 3 Powers under PACE: miscellaneous

      1. 72.PACE: entry and search of premises for the purpose of arrest

      2. 73.PACE: treatment of those aged 17

      3. 74.PACE: detention: use of live links

      4. 75.PACE: interviews: use of live links

      5. 76.PACE: audio recording of interviews

      6. 77.PACE: duty to notify person interviewed that not to be prosecuted

      7. 78.PACE: consultation on codes of practice

      8. 79.Definition of “appropriate adult” in criminal justice legislation

    4. CHAPTER 4 Powers under the Mental Health Act 1983

      1. 80.Extension of powers under sections 135 and 136 of the Mental Health Act 1983

      2. 81.Restrictions on places that may be used as places of safety

      3. 82.Periods of detention in places of safety etc

      4. 83.Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983

    5. CHAPTER 5 Maritime enforcement: English and Welsh offences

      1. Application of maritime enforcement powers: general

        1. 84.Application of maritime enforcement powers: general

        2. 85.Restriction on exercise of maritime enforcement powers

      2. Ships in Scotland waters: hot pursuit

        1. 86.Hot pursuit of ships in Scotland waters

        2. 87.Restriction on exercise of maritime enforcement powers in hot pursuit

      3. The maritime enforcement powers

        1. 88.Power to stop, board, divert and detain

        2. 89.Power to search and obtain information

        3. 90.Power of arrest and seizure

      4. Supplementary provision

        1. 91.Maritime enforcement powers: supplementary: protective searches

        2. 92.Maritime enforcement powers: other supplementary provision

        3. 93.Maritime enforcement powers: offences

        4. 94.Maritime enforcement powers: code of practice

        5. 95.Interpretation

    6. CHAPTER 6 Maritime enforcement: Scottish offences

      1. Application of maritime enforcement powers: general

        1. 96.Application of maritime enforcement powers: general

        2. 97.Restriction on exercise of maritime enforcement powers

      2. Ships in England and Wales waters: hot pursuit

        1. 98.Hot pursuit of ships in England and Wales waters

        2. 99.Restriction on exercise of maritime enforcement powers in hot pursuit

      3. The maritime enforcement powers

        1. 100.Power to stop, board, divert and detain

        2. 101.Power to search and obtain information

        3. 102.Power of arrest and seizure

      4. Supplementary provision

        1. 103.Maritime enforcement powers: supplementary: protective searches

        2. 104.Maritime enforcement powers: other supplementary provision

        3. 105.Maritime enforcement powers: offences

        4. 106.Interpretation

    7. CHAPTER 7 Maritime enforcement: Northern Irish offences

      1. Application of maritime enforcement powers: general

        1. 107.Application of maritime enforcement powers: general

        2. 108.Restriction on exercise of maritime enforcement powers

      2. The maritime enforcement powers

        1. 109.Power to stop, board, divert and detain

        2. 110.Power to search and obtain information

        3. 111.Power of arrest and seizure

      3. Supplementary provision

        1. 112.Maritime enforcement powers: supplementary: protective searches

        2. 113.Maritime enforcement powers: other supplementary provision

        3. 114.Maritime enforcement powers: offences

        4. 115.Interpretation

    8. CHAPTER 8 Cross-border enforcement

      1. 116.Extension of cross-border powers of arrest: urgent cases

      2. 117.Cross-border enforcement: powers of entry to effect arrest

      3. 118.Cross-border enforcement: officers of Revenue and Customs

      4. 119.Cross-border enforcement: minor and consequential amendments

    9. CHAPTER 9 Miscellaneous

      1. 120.Powers to require removal of disguises: oral authorisation

  6. Part 5 Police and crime commissioners and police areas

    1. Deputy PCCs etc: terms and eligibility

      1. 121.Term of office of deputy police and crime commissioners

      2. 122.Eligibility of deputy police and crime commissioners for election

      3. 123.Deputy Mayor for Policing and Crime as member of local authority

    2. Names of police areas

      1. 124.Amendments to the names of police areas

  7. Part 6 Firearms and pyrotechnic articles

    1. Firearms

      1. 125.Firearms Act 1968: meaning of “firearm” etc

      2. 126.Firearms Act 1968: meaning of “antique firearm”

      3. 127.Possession of articles for conversion of imitation firearms

      4. 128.Controls on defectively deactivated weapons

      5. 129.Controls on ammunition which expands on impact

      6. 130.Authorised lending and possession of firearms for hunting etc

      7. 131.Limited extension of firearm certificates etc

      8. 132.Applications under the Firearms Acts: fees

      9. 133.Guidance to police officers in respect of firearms

    2. Pyrotechnic articles

      1. 134.Possession of pyrotechnic articles at musical events

  8. Part 7 Alcohol and late night refreshment

    1. Licensing

      1. 135.Meaning of “alcohol”: inclusion of alcohol in any state

      2. 136.Interim steps pending review: representations

      3. 137.Summary reviews of premises licences: review of interim steps

      4. 138.Personal licences: licensing authority powers in relation to convictions

      5. 139.Licensing Act 2003: addition of further relevant offences

      6. 140.Licensing Act 2003: guidance

      7. 141.Cumulative impact assessments

    2. Late night levy

      1. 142.Late night levy requirements

  9. Part 8 Financial sanctions

    1. Interpretation

      1. 143.Interpretation

    2. Enhanced maximum penalties

      1. 144.Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment

      2. 145.Other offences: maximum term of imprisonment

    3. Civil sanctions

      1. 146.Power to impose monetary penalties

      2. 147.Monetary penalties: procedural rights

      3. 148.Monetary penalties: bodies corporate and unincorporated associations

      4. 149.Monetary penalties: supplementary

    4. Other provisions about enforcement

      1. 150.Deferred prosecution agreements

      2. 151.Serious crime prevention orders

    5. Avoidance of delay: temporary regulations

      1. 152.Implementation of UN financial sanctions Resolutions: temporary regulations

      2. 153.Content of regulations under section 152

    6. Avoidance of delay: temporary listing

      1. 154.Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations

      2. 155.Implementation of UN financial sanctions Resolutions: temporary listing

    7. Power to extend to Bailiwick of Guernsey etc

      1. 156.Extension to the Bailiwick of Guernsey, Isle of Man and BOTs

  10. Part 9 Miscellaneous and general

    1. CHAPTER 1 Miscellaneous

      1. Police collaboration

        1. 157.Power to enter into police collaboration agreements

      2. NCA powers

        1. 158.Powers of NCA officers in relation to customs matters

      3. Requirements to confirm nationality

        1. 159.Requirement to state nationality

        2. 160.Requirement to produce nationality document

        3. 161.Pilot schemes

        4. 162.Requirement to give information in criminal proceedings

      4. Seizure etc of travel documents

        1. 163.Powers to seize etc invalid travel documents

      5. Pardons for certain abolished offences etc

        1. 164.Posthumous pardons for convictions etc of certain abolished offences: England and Wales

        2. 165.Other pardons for convictions etc of certain abolished offences: England and Wales

        3. 166.Power to provide for disregards and pardons for additional abolished offences: England and Wales

        4. 167.Sections 164 to 166: supplementary

        5. 168.Disregarding certain convictions etc for abolished offences: Northern Ireland

        6. 169.Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland

        7. 170.Other pardons for convictions etc of certain abolished offences: Northern Ireland

        8. 171.Power to provide for disregards and pardons for additional abolished offences: Northern Ireland

        9. 172.Sections 169 to 171: supplementary

      6. Forced marriage: anonymity for victims

        1. 173.Anonymity of victims of forced marriage: England and Wales

        2. 174.Anonymity of victims of forced marriage: Northern Ireland

      7. Stalking

        1. 175.Sentences for offences of putting people in fear of violence etc

      8. Protection of children and vulnerable adults

        1. 176.Child sexual exploitation: streaming indecent images

        2. 177.Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults

      9. Coroners' investigations into deaths

        1. 178.Coroners’ investigations into deaths: meaning of “state detention”

      10. Powers of Scottish litter authorities

        1. 179.Powers of litter authorities in Scotland

    2. CHAPTER 2 General

      1. 180.Consequential amendments, repeals and revocations

      2. 181.Financial provision

      3. 182.Extent

      4. 183.Commencement

      5. 184.Short title

  11. SCHEDULES

    1. SCHEDULE 1

      Provision for police and crime commissioner to be fire and rescue authority

      1. Part 1 Amendments to the Fire and Rescue Services Act 2004

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

        2. 2.Before section 1 insert— Fire and rescue authorities .

        3. 3.In section 1(4) (fire and rescue authorities) for the words...

        4. 4.Before section 2 insert— Combined fire and rescue authorities ....

        5. 5.After section 4 insert— Fire and rescue authority involving police...

        6. 6.Before section 5A insert— Powers of certain fire and rescue...

        7. 7.In section 5A (powers of certain fire and rescue authorities)...

        8. 8.After section 5L insert— Interpretation of Part 1 Interpretation of...

        9. 9.In section 21 (Fire and Rescue National Framework) after subsection...

        10. 10.After section 25 (but before the italic heading before section...

        11. 11.In section 34 (pensions etc) after subsection (10) insert—

        12. 12.For section 37 (prohibition on employment of police) substitute— Prohibition...

        13. 13.Before Schedule 1 insert— Schedule A1 Procedure for orders under...

      2. Part 2 Amendments to other Acts

        1. 14.Fire Services Act 1947 (c. 41)

        2. 15.Landlord and Tenant Act 1954 (c. 56)

        3. 16.Local Government Act 1966 (c. 42)

        4. 17.Leasehold Reform Act 1967 (c. 88)

        5. 18.In section 28 (retention or resumption of land required for...

        6. 19.In Schedule 4A (exclusion of certain shared ownership leases) in...

        7. 20.Local Government Grants (Social Need) Act 1969 (c. 2)

        8. 21.Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

        9. 22.Local Authorities (Goods and Services) Act 1970 (c. 39)

        10. 23.Local Government Act 1972 (c. 70)

        11. 24.In section 120 (acquisition of land by agreement) after subsection...

        12. 25.In section 138C(1) (application of provisions about religious etc observance...

        13. 26.In section 222 (power of local authority to prosecute or...

        14. 27.In section 223 (appearance of local authorities in legal proceedings)...

        15. 28.In section 229 (photographic copies of documents) in subsection (8)...

        16. 29.In section 231 (service of notices on local authorities, etc)...

        17. 30.In section 232 (public notices) in subsection (1A) (meaning of...

        18. 31.In section 233 (service of notices by local authorities) in...

        19. 32.In section 234 (authentication of documents) in subsection (4) (meaning...

        20. 33.Employment Agencies Act 1973 (c. 35)

        21. 34.Local Government Act 1974 (c. 7)

        22. 35.Health and Safety at Work etc Act 1974 (c. 37)

        23. 36.Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

        24. 37.Rent (Agriculture) Act 1976 (c. 80)

        25. 38.Rent Act 1977 (c. 42)

        26. 39.Protection from Eviction Act 1977 (c. 43)

        27. 40.Local Government, Planning and Land Act 1980 (c. 65)

        28. 41.In section 99 (disposal of land at direction of Secretary...

        29. 42.In Schedule 16 (bodies to whom Part 10 applies) after...

        30. 43.Acquisition of Land Act 1981 (c. 67)

        31. 44.Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

        32. 45.In section 33 (enforceability by local authorities of certain covenants...

        33. 46.In section 41 (lost and uncollected property) in subsection (13)...

        34. 47.In section 45 (arrangements under Employment and Training Act 1973)...

        35. 48.County Courts Act 1984 (c. 28)

        36. 49.Housing Act 1985 (c. 68)

        37. 50.Landlord and Tenant Act 1985 (c.70)

        38. 51.Local Government Act 1986 (c. 10)

        39. 52.In section 6(2)(a) (meaning of “local authority” for the purposes...

        40. 53.In section 9(1)(a) (meaning of “local authority” for the purposes...

        41. 54.Landlord and Tenant Act 1987 (c.31)

        42. 55.Local Government Act 1988 (c. 9)

        43. 56.Housing Act 1988 (c. 50)

        44. 57.In section 74(8) (transfer of land etc to housing action...

        45. 58.In Part 1 of Schedule 1 (tenancies which cannot be...

        46. 59.Road Traffic Act 1988 (c. 52)

        47. 60.Local Government and Housing Act 1989 (c. 42)

        48. 61.In section 1(9) (meaning of politically restricted post under a...

        49. 62.(1) Section 4 (designation and reports of head of paid...

        50. 63.(1) Section 5 (designation and reports of monitoring officer) is...

        51. 64.In section 21 (interpretation of Part 1) after subsection (1)...

        52. 65.In section 152(2) (meaning of “relevant authority” for the purposes...

        53. 66.In section 155(4) (emergency financial assistance to local authorities: meaning...

        54. 67.Until the coming into force of the repeal of section...

        55. 68.Town and Country Planning Act 1990 (c. 8)

        56. 69.In section 252 (procedures for highways orders) in the definition...

        57. 70.In Schedule 14 (procedure for footpaths and bridleway orders) in...

        58. 71.Local Government Finance Act 1992 (c. 14)

        59. 72.Local Government (Overseas Assistance) Act 1993 (c. 25)

        60. 73.Deregulation and Contracting Out Act 1994 (c. 40)

        61. 74.In section 70(1ZB) (functions of local authorities: application to certain...

        62. 75.In section 79A (local authorities in England) after paragraph (n)...

        63. 76.Police Act 1996 (c. 16)

        64. 77.Crime and Disorder Act 1998 (c. 37)

        65. 78.In section 5(5) (authorities responsible for strategies: interpretation) in the...

        66. 79.In section 17(2) (duty to consider crime and disorder implications:...

        67. 80.In section 115(2) (disclosure of information: meaning of relevant authority)...

        68. 81.Freedom of Information Act 2000 (c. 36)

        69. 82.Police Reform Act 2002 (c. 30)

        70. 83.Local Government Act 2003 (c. 26)

        71. 84.Local Government and Public Involvement in Health Act 2007 (c. 28)

        72. 85.Equality Act 2010 (c. 15)

        73. 86.Police Reform and Social Responsibility Act 2011 (c. 13)

        74. 87.(1) Section 1 (police and crime commissioners) is amended as...

        75. 88.In section 5 (police and crime commissioner to issue police...

        76. 89.In section 28 (police and crime panels outside London) after...

        77. 90.In section 66 (disqualification from election or holding office as...

        78. 91.In Schedule 1 (police and crime commissioners) in paragraph 2...

        79. 92.(1) Schedule 6 (police and crime panels) is amended as...

        80. 93.In Schedule 8 (appointment, suspension and removal of senior police...

        81. 94.Localism Act 2011 (c. 20)

        82. 95.Public Service Pensions Act 2013 (c. 25)

        83. 96.Energy Act 2013 (c. 32)

        84. 97.Local Audit and Accountability Act 2014 (c. 2)

    2. SCHEDULE 2

      The London Fire Commissioner

      1. Part 1 Amendments to the Greater London Authority Act 1999

        1. 1.The Greater London Authority Act 1999 is amended as follows....

        2. 2.In section 21 (disqualification from being the Mayor or an...

        3. 3.In section 31(1) (limits of the Authority’s general power) for...

        4. 4.(1) Section 45 (the Mayor’s periodic report to the Assembly)...

        5. 5.(1) Section 60A (confirmation hearings etc for certain appointments by...

        6. 6.(1) Section 61 (power to require attendance at Assembly meetings)...

        7. 7.In section 67(1)(b) (power of Mayor to appoint ten members...

        8. 8.In section 68 (disqualification and political restriction) after subsection (3)...

        9. 9.In section 70 (terms and conditions of employment) after subsection...

        10. 10.After Part 6 insert— Part 6A The London Fire Commissioner...

        11. 11.(1) Omit Part 7 (the London Fire and Emergency Planning...

        12. 12.In section 419(1) (bodies to be treated as local authorities...

        13. 13.(1) Section 424(1) (interpretation) is amended as follows.

        14. 14.(1) Schedule 4A (confirmation hearings etc for certain appointments) is...

        15. 15.After Schedule 27 insert— Schedule 27A The London Fire Commissioner...

        16. 16.Omit Schedule 28 (the London Fire and Emergency Planning Authority)....

        17. 17.Omit Schedule 29 (amendments relating to the London Fire and...

      2. Part 2 Amendments to other Acts

        1. 18.Essex County Council Act 1952 (c. l)

        2. 19.Landlord and Tenant Act 1954 (c. 56)

        3. 20.Local Government (Records) Act 1962 (c. 56)

        4. 21.In section 2 (acquisition and deposit of records) in subsection...

        5. 22.In section 8(1) (interpretation) in the definition of “local authority”...

        6. 23.London Government Act 1963 (c. 33)

        7. 24.In section 5(3) (delegation of functions in Greater London) for...

        8. 25.In section 75 (compensation for injury to or death of...

        9. 26.Local Government Act 1966 (c. 42)

        10. 27.Leasehold Reform Act 1967 (c. 88)

        11. 28.In section 28 (retention or resumption of land required for...

        12. 29.In Schedule 4A (exclusion of certain shared ownership leases) in...

        13. 30.Local Government Grants (Social Need) Act 1969 (c. 2)

        14. 31.Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

        15. 32.Greater London Council (General Powers) Act 1969 (c. lii)

        16. 33.Local Authorities (Goods and Services) Act 1970 (c. 39)

        17. 34.Pensions (Increase) Act 1971 (c. 56)

        18. 35.Local Government Act 1972 (c. 70)

        19. 36.In section 70 (restriction on promotion of Bills for changing...

        20. 37.(1) Section 100J (application of provisions about access to meetings...

        21. 38.(1) Section 101 (arrangements for discharge of functions by local...

        22. 39.In section 104 (disqualification for membership of committees and joint...

        23. 40.In section 138 (powers of principal councils with respect to...

        24. 41.In section 138C(1) (other authorities to which provisions about prayer...

        25. 42.In section 142 (provision of information etc relating to matters...

        26. 43.(1) Section 146A (application of miscellaneous provisions about local authorities...

        27. 44.In section 175 (allowances for attending conferences and meetings) in...

        28. 45.In section 176 (payment of expenses of official and courtesy...

        29. 46.In section 222 (power of local authority to prosecute or...

        30. 47.For section 244A substitute— Application of this Part to the...

        31. 48.Employment Agencies Act 1973 (c. 35)

        32. 49.Local Government Act 1974 (c. 7)

        33. 50.Health and Safety at Work etc Act 1974 (c. 37)

        34. 51.Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

        35. 52.Rent (Agriculture) Act 1976 (c. 80)

        36. 53.Rent Act 1977 (c. 42)

        37. 54.London Hydraulic Power Act 1977 (c. xi)

        38. 55.Protection from Eviction Act 1977 (c. 43)

        39. 56.Local Government, Planning and Land Act 1980 (c. 65)

        40. 57.In section 2 (duty of authorities to publish information) in...

        41. 58.In section 98 (disposal of land at direction of Secretary...

        42. 59.In section 99 (disposal of land at direction of Secretary...

        43. 60.In section 100 (interpretation and extent of Part 10) in...

        44. 61.In Schedule 16 (bodies to whom Part 10 applies) for...

        45. 62.Acquisition of Land Act 1981 (c. 67)

        46. 63.In section 7(1) (interpretation) in the definition of “local authority”...

        47. 64.In section 17(4) (local authority and statutory undertakers’ land: interpretation)...

        48. 65.Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

        49. 66.In section 33 (enforceability by local authorities of certain covenants...

        50. 67.In section 41 (lost and uncollected property) in subsection (13)...

        51. 68.In section 45 (arrangements under Employment and Training Act 1973)...

        52. 69.County Courts Act 1984 (c. 28)

        53. 70.Local Government Act 1985 (c. 51)

        54. 71.In section 72 (accounts and audit) in subsection (5) for...

        55. 72.In Schedule 11 (police and fire services) in paragraph 2(4)...

        56. 73.Housing Act 1985 (c. 68)

        57. 74.Housing Associations Act 1985 (c.69)

        58. 75.Landlord and Tenant Act 1985 (c.70)

        59. 76.Local Government Act 1986 (c. 10)

        60. 77.In section 6(2)(a) (meaning of “local authority” for the purposes...

        61. 78.In section 9(1)(a) (meaning of “local authority” for the purposes...

        62. 79.Landlord and Tenant Act 1987 (c.31)

        63. 80.Local Government Act 1988 (c. 9)

        64. 81.Housing Act 1988 (c. 50)

        65. 82.In section 74(8) (transfer of land etc to housing action...

        66. 83.In Part 1 of Schedule 1 (tenancies which cannot be...

        67. 84.Road Traffic Act 1988 (c. 52)

        68. 85.Local Government and Housing Act 1989 (c. 42)

        69. 86.In section 1(9) (meaning of politically restricted post under a...

        70. 87.(1) Section 4 (designation and reports of head of paid...

        71. 88.(1) Section 5 (designation and reports of monitoring officer) is...

        72. 89.(1) Section 21 (interpretation of Part 1) is amended as...

        73. 90.In section 152(2) (meaning of “relevant authority” for the purposes...

        74. 91.In section 155(1A) (emergency financial assistance to local authorities: expenditure...

        75. 92.Town and Country Planning Act 1990 (c. 8)

        76. 93.In section 252 (procedures for highways orders) in the definition...

        77. 94.In section 336(1) (interpretation) in the definition of “local authority”...

        78. 95.In Schedule 14 (procedure for footpaths and bridleways orders) in...

        79. 96.London Local Authorities Act 1991 (c. xiii)

        80. 97.In section 7 (licensing of special treatment premises: duty to...

        81. 98.In section 15(1) (powers of entry) for “the London Fire...

        82. 99.Local Government (Overseas Assistance) Act 1993 (c. 25)

        83. 100.London Local Authorities Act 1995 (c. x)

        84. 101.Housing Grants, Construction and Regeneration Act 1996 (c. 53)

        85. 102.Channel Tunnel Rail Link Act 1996 (c. 61)

        86. 103.Crime and Disorder Act 1998 (c. 37)

        87. 104.In section 5(5) (authorities responsible for strategies: interpretation) in the...

        88. 105.In section 17(2) (duty to consider crime and disorder implications:...

        89. 106.In section 115(2) (disclosure of information: meaning of relevant authority)...

        90. 107.Local Government Act 1999 (c. 27)

        91. 108.Freedom of Information Act 2000 (c. 36)

        92. 109.Courts Act 2003 (c. 39)

        93. 110.Fire and Rescue Services Act 2004 (c. 21)

        94. 111.In section 1(2) (fire and rescue authorities in England) in...

        95. 112.In section 5A(3) (powers of certain fire and rescue authorities:...

        96. 113.In section 5B (boundaries of power under section 5A) after...

        97. 114.Local Government and Public Involvement in Health Act 2007 (c. 28)

        98. 115.Crossrail Act 2008 (c. 18)

        99. 116.Equality Act 2010 (c. 15)

        100. 117.Police Reform and Social Responsibility Act 2011 (c. 13)

        101. 118.Localism Act 2011 (c. 20)

        102. 119.In section 27 (duty to promote and maintain high standards...

        103. 120.In section 43(1) (meaning of “relevant authority” for purposes of...

        104. 121.Energy Act 2013 (c. 32)

        105. 122.Local Audit and Accountability Act 2014 (c. 2)

        106. 123.Consequential repeals

    3. SCHEDULE 3

      Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004

    4. SCHEDULE 4

      Amendments consequential on the amended definition of police complaint

      1. 1.The Police Reform Act 2002 is amended as follows.

      2. 2.In section 10 (general functions of the Independent Police Complaints...

      3. 3.(1) Section 16 (payment for assistance with investigations) is amended...

      4. 4.In section 21 (duty to provide information for other persons),...

      5. 5.In section 23 (regulations), in subsection (2)(a), in the words...

      6. 6.(1) Section 29 (interpretation of Part 2) is amended as...

      7. 7.(1) Part 1 of Schedule 3 (handling of complaints) is...

      8. 8.(1) Part 3 of Schedule 3 (investigations and subsequent proceedings)...

    5. SCHEDULE 5

      Complaints, conduct matters and DSI matters: procedure

      1. Part 1 Recording and reference of complaints

        1. 1.Part 1 of Schedule 3 to the Police Reform Act...

        2. 2.(1) Paragraph 2 (initial handling and recording of complaints) is...

        3. 3.Omit paragraph 3 (failures to notify or record a complaint)...

        4. 4.(1) Paragraph 4 (reference of complaints to the Commission) is...

      2. Part 2 Handling of complaints

        1. 5.Part 1 of Schedule 3 to the Police Reform Act...

        2. 6.(1) Paragraph 6 (handling of complaints by the appropriate authority)...

        3. 7.Omit paragraph 7 (disapplication of requirements of Schedule) and the...

        4. 8.Omit paragraph 8 (local resolution of complaints) and the italic...

      3. Part 3 Investigations and subsequent proceedings

        1. 9.Schedule 3 to the Police Reform Act 2002 (handling of...

        2. 10.(1) Paragraph 5 (duties of Commission on references under paragraph...

        3. 11.In paragraph 6 (handling of complaints by the appropriate authority),...

        4. 12.In paragraph 13 (reference of conduct matters to the Commission),...

        5. 13.(1) Paragraph 14 (duties of Commission on references under paragraph...

        6. 14.(1) Paragraph 14D (duties of Commission on references under paragraph...

        7. 15.(1) Paragraph 15 (power of the Commission to determine the...

        8. 16.(1) Paragraph 16 (investigations by the appropriate authority on its...

        9. 17.Omit paragraph 17 (investigations supervised by the Commission) and the...

        10. 18.In the italic heading before paragraph 18, for “managed” substitute...

        11. 19.(1) Paragraph 18 (investigations managed by the Commission) is amended...

        12. 20.In paragraph 19 (investigations by the Commission itself), in sub-paragraph...

        13. 21.For paragraphs 19A to 19E (special procedure where investigation relates...

        14. 22.(1) Paragraph 19F (interview of persons serving with the police...

        15. 23.For paragraphs 20A to 20I (accelerated procedure in special cases)...

        16. 24.Omit paragraph 21 (power to discontinue an investigation) and the...

        17. 25.(1) Paragraph 21A (procedure where conduct matter is revealed during...

        18. 26.(1) Paragraph 23 (action by the Commission in response to...

        19. 27.(1) Paragraph 24 (action by the appropriate authority in response...

        20. 28.In paragraph 24A (final reports on investigations: other DSI matters),...

      4. Part 4 Reviews

        1. 29.Schedule 3 to the Police Reform Act 2002 (handling of...

        2. 30.In paragraph 4 (reference of complaints to the Commission), after...

        3. 31.After paragraph 6 insert— Reviews relating to complaints dealt with...

        4. 32.Omit paragraph 8A (appeals relating to complaints dealt with other...

        5. 33.In the italic heading before paragraph 25, for “Appeals” substitute...

        6. 34.(1) Paragraph 25 (appeals with respect to an investigation) is...

        7. 35.After paragraph 25 insert— Information for complainant about disciplinary recommendations...

        8. 36.For the italic heading before paragraph 26, substitute “Re-investigations following...

        9. 37.(1) Paragraph 26 (reviews and re-investigations following an appeal) is...

        10. 38.In the italic heading before paragraph 30—

        11. 39.(1) Paragraph 30 (appeals: the relevant appeal body) is amended...

        12. 40.For paragraph 31 (appeal made to the Commission in error)...

        13. 41.For paragraph 32 (appeal made to appropriate authority in error)...

        14. 42.In section 15 of the Police Reform Act 2002 (general...

        15. 43.In section 16 of the Police Reform Act 2002 (payment...

        16. 44.In section 18 of the Police Reform Act 2002 (inspections...

      5. Part 5 Recommendations by the Commission and local policing bodies

        1. 45.In Part 3 of Schedule 3 to the Police Reform...

        2. 46.In consequence of the insertion of paragraph 28ZA, in paragraph...

      6. Part 6 Consequential amendments

        1. 47.In the Police Reform Act 2002— (a) in section 15—...

        2. 48.In the Serious Organised Crime and Police Act 2005—

        3. 49.In the Police and Justice Act 2006, in Part 7...

        4. 50.In the Criminal Justice and Immigration Act 2008, in Schedule...

        5. 51.In the Police Reform and Social Responsibility Act 2011—

        6. 52.In the Police (Complaints and Conduct) Act 2012, omit section...

        7. 53.In the Crime and Courts Act 2013, in Part 2...

        8. 54.In the Anti-social Behaviour, Crime and Policing Act 2014, in...

    6. SCHEDULE 6

      Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

    7. SCHEDULE 7

      Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary

      1. 1.Ministry of Defence Police Act 1987 (c. 4)

      2. 2.(1) Section 3A (regulations relating to disciplinary matters) is amended...

      3. 3.In section 4 (representation etc at disciplinary proceedings), in subsection...

      4. 4.In section 4A (appeals against dismissal etc), in subsection (1)(a),...

      5. 5.Regulations made in pursuance of section 3A(1B) of the Ministry...

      6. 6.Railways and Transport Safety Act 2003 (c. 20)

      7. 7.In section 36 (police regulations: general), after subsection (1) insert—...

      8. 8.In section 37 (police regulations: special constables), after subsection (1)...

      9. 9.In section 42 (police regulations by Secretary of State), in...

      10. 10.Regulations made under section 36, 37 or 42 of the...

      11. 11.Energy Act 2004 (c. 20)

      12. 12.In section 58 (government, administration and conditions of service of...

      13. 13.(1) In Schedule 13 (directions by Secretary of State about...

      14. 14.Provision made by the Civil Nuclear Police Authority that relates...

    8. SCHEDULE 8

      Part to be inserted as Part 4A of the Police Act 1996

    9. SCHEDULE 9

      Independent Office for Police Conduct

      1. Part 1 Amendments to Schedule 2 to the Police Reform Act 2002

        1. 1.Introductory

        2. 2.Director General

        3. 3.Appointment etc of members

        4. 4.(1) Paragraph 2 (ordinary members of the Commission) is amended...

        5. 5.After paragraph 2 insert— Terms of appointment etc: employee members...

        6. 6.Omit paragraph 3 (deputy chairmen) (including the italic heading before...

        7. 7.Omit paragraph 5 (chief executive) (including the italic heading before...

        8. 8.Vacancy or incapacity in office of Director General

        9. 9.Remuneration arrangements

        10. 10.Staff

        11. 11.Delegation of functions

        12. 12.Protection from personal liability

        13. 13.Regional offices

        14. 14.Proceedings

      2. Part 2 Minor and consequential amendments to the Police Reform Act 2002

        1. 15.The Police Reform Act 2002 is amended in accordance with...

        2. 16.For the italic heading before section 9, substitute “The Independent...

        3. 17.(1) Section 10 (general functions of the Commission) is amended...

        4. 18.(1) Section 11 (reports to the Secretary of State) is...

        5. 19.In section 12 (complaints, matters and persons to which Part...

        6. 20.(1) Section 13B (power of the Commission to require re-investigation)...

        7. 21.(1) Section 15 (general duties of local policing bodies, chief...

        8. 22.(1) Section 16 (payment for assistance with investigations) is amended...

        9. 23.(1) Section 17 (provision of information to the Commission) is...

        10. 24.(1) Section 18 (inspections of police premises on behalf of...

        11. 25.(1) Section 19 (use of investigatory powers by or on...

        12. 26.(1) Section 20 (duty to keep complainant informed) is amended...

        13. 27.(1) Section 21 (duty to provide information for other persons)...

        14. 28.In section 21A (restriction on disclosure of sensitive information) (as...

        15. 29.In section 21B (provision of sensitive information to the Commission...

        16. 30.(1) Section 22 (power of the Commission to issue guidance)...

        17. 31.(1) Section 23 (regulations) is amended as follows.

        18. 32.In section 24 (consultation on regulations), for paragraph (a) substitute—...

        19. 33.In section 26 (forces maintained otherwise than by local policing...

        20. 34.In section 26BA (College of Policing), for “Commission”, in both...

        21. 35.(1) Section 26C (the National Crime Agency) is amended as...

        22. 36.(1) Section 26D (labour abuse prevention officers) is amended as...

        23. 37.(1) Section 27 (conduct of the Commission’s staff) is amended...

        24. 38.(1) Omit section 28 (transitional arrangements in connection with establishing...

        25. 39.(1) Section 28A (application of Part 2 to old cases)...

        26. 40.(1) Section 29 (interpretation of Part 2) is amended as...

        27. 41.In section 29C (regulations about super-complaints) (as inserted by this...

        28. 42.(1) Section 29D (power to investigate concerns raised by whistle-blowers)...

        29. 43.(1) Section 29E (Commission’s powers and duties where it decides...

        30. 44.(1) Section 29F (special provision for “conduct matters”) (as inserted...

        31. 45.(1) Section 29G (special provision for “DSI matters”) (as inserted...

        32. 46.(1) Section 29H (Commission’s powers and duties where whistle-blower is...

        33. 47.In section 29I (duty to keep whistle-blowers informed) (as inserted...

        34. 48.In section 29J (protection of anonymity of whistle-blowers) (as inserted...

        35. 49.In section 29K (other restrictions on disclosure of information) (as...

        36. 50.In section 29L (application of provisions of Part 2) (as...

        37. 51.In section 29M (regulation-making powers: consultation) (as inserted by this...

        38. 52.In section 29N (interpretation) (as inserted by this Act), in...

        39. 53.In section 36 (conduct of disciplinary proceedings), in subsection (1)(a)...

        40. 54.In section 105 (powers of Secretary of State to make...

        41. 55.(1) Schedule 2 (the Independent Police Complaints Commission) is amended...

        42. 56.(1) Schedule 3 is amended as follows.

        43. 57.(1) Schedule 3 is further amended as follows (but an...

        44. 58.(1) Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this...

      3. Part 3 Other minor and consequential amendments

        1. 59.Superannuation Act 1972 (c. 11)

        2. 60.House of Commons Disqualification Act 1975 (c. 24)

        3. 61.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        4. 62.Police Pensions Act 1976 (c. 35)

        5. 63.Ministry of Defence Police Act 1987 (c. 4)

        6. 64.Aviation and Maritime Security Act 1990 (c. 31)

        7. 65.Police Act 1996 (c. 16)

        8. 66.Freedom of Information Act 2000 (c. 36)

        9. 67.Fire and Rescue Services Act 2004 (c. 21)

        10. 68.Commissioners for Revenue and Customs Act 2005 (c. 11)

        11. 69.Police and Justice Act 2006 (c. 48)

        12. 70.Local Democracy, Economic Development and Construction Act 2009 (c. 20)

        13. 71.Coroners and Justice Act 2009 (c. 25)

        14. 72.Equality Act 2010 (c. 15)

        15. 73.Police Reform and Social Responsibility Act 2011 (c. 13)

        16. 74.Investigatory Powers Act 2016

    10. SCHEDULE 10

      Schedule to be inserted as Schedule 3B to the Police Reform Act 2002

    11. SCHEDULE 11

      Schedule to be inserted as Schedule 3C to the Police Reform Act 2002

    12. SCHEDULE 12

      Powers of civilian staff and volunteers: further amendments

      1. Part 1 Amendments of the Police Reform Act 2002

        1. 1.(1) Section 38B (police powers for civilian employees under collaboration...

        2. 2.(1) Section 42 (supplementary provisions relating to designations and accreditations)...

        3. 3.Omit section 45 (code of practice relating to chief officers’...

        4. 4.In section 105 (powers of Secretary of State to make...

        5. 5.(1) Schedule 4 is amended as follows.

      2. Part 2 Other amendments

        1. 6.(1) Schedule 1 to the Representation of the People Act...

        2. 7.(1) The Police and Criminal Evidence Act 1984 is amended...

        3. 8.In the Road Traffic Act 1988, in section 144 (exceptions...

        4. 9.In the Road Traffic Offenders Act 1988, in section 79...

        5. 10.(1) The Police Act 1996 is amended as follows.

        6. 11.In the Crime and Disorder Act 1998, in section 66H...

        7. 12.In the Representation of the People Act 2000, in Schedule...

        8. 13.In the Terrorism Act 2000, in section 47AE (effect of...

        9. 14.In the Private Security Industry Act 2001, in Schedule 2...

        10. 15.In the Anti-social Behaviour Act 2003 omit the following—

        11. 16.(1) The Criminal Justice Act 2003 is amended as follows....

        12. 17.(1) Section 28 of the Railways and Transport Safety Act...

        13. 18.In the Serious Organised Crime and Police Act 2005—

        14. 19.In the Violent Crime Reduction Act 2006, omit section 24(6)....

        15. 20.In the Education and Inspections Act 2006, omit the following—...

        16. 21.(1) The Police and Justice Act 2006 is amended as...

        17. 22.In the Local Government and Public Involvement in Health Act...

        18. 23.In the UK Borders Act 2007, omit section 47.

        19. 24.In the Local Transport Act 2008, in Schedule 4, omit...

        20. 25.In the Local Democracy, Economic Development and Construction Act 2009,...

        21. 26.In the Policing and Crime Act 2009, in Schedule 7,...

        22. 27.In the Police Reform and Social Responsibility Act 2011, in...

        23. 28.In the Protection of Freedoms Act 2012, in Schedule 9,...

        24. 29.In the Legal Aid, Sentencing and Punishment of Offenders Act...

        25. 30.In the Local Government Byelaws (Wales) Act 2012 (anaw 2),...

        26. 31.In the Anti-social Behaviour, Crime and Policing Act 2014, omit...

        27. 32.In the Psychoactive Substances Act 2016, in Schedule 5, omit...

      3. Part 3 Minor correcting amendments

        1. 33.(1) The Police Reform Act 2002 is amended as follows....

    13. SCHEDULE 13

      Abolition of office of traffic warden

      1. 1.Chronically Sick and Disabled Persons Act 1970 (c.44)

      2. 2.Aviation Security Act 1982 (c.36)

      3. 3.Road Traffic Offenders Act 1988 (c.53)

      4. 4.Greater London Authority Act 1999 (c.29)

      5. 5.Police Reform Act 2002 (c.30)

      6. 6.Police Reform and Social Responsibility Act 2011 (c.13)

    14. SCHEDULE 14

      Removal of references to ACPO

      1. 1.Replacement of definition of ACPO with definition of NPCC

      2. 2.Repeal of references to ACPO

      3. 3.(1) The Police and Justice Act 2006 is amended as...

      4. 4.Substitution of references to NPCC for references to ACPO

      5. 5.The provisions mentioned in paragraph 4 are—

      6. 6.In each of the provisions listed in paragraph 7 for...

      7. 7.The provisions mentioned in paragraph 6 are—

    15. SCHEDULE 15

      Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994

    16. SCHEDULE 16

      Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994

    17. SCHEDULE 17

      Cross-border enforcement: minor and consequential amendments

      1. Part 1 Amendments of Part 10 of the Criminal Justice and Public Order Act 1994

        1. 1.Part 10 of the Criminal Justice and Public Order Act...

        2. 2.Powers of constables of PSNI etc under section 137

        3. 3.In section 138 (powers of arrest: supplementary provisions), omit subsections...

        4. 4.Powers to search premises under section 139

        5. 5.Reciprocal powers of arrest - minor correction

        6. 6.References to the British Transport Commission Act 1949 - updating

        7. 7.Other amendments

        8. 8.(1) Section 137 (cross-border powers of arrest etc.) is amended...

      2. Part 2 Amendments of other legislation

        1. 9.Finance Act 2007 (c.11)

        2. 10.Crime and Courts Act 2013 (c.22)

    18. SCHEDULE 18

      Late night levy requirements

      1. 1.Chapter 2 of Part 2 of the Police Reform and...

      2. 2.(1) Section 126 (“relevant late night authorisation” and related definitions)...

      3. 3.(1) Section 127 (liability to pay late night levy) is...

      4. 4.(1) Section 128 (amount of late night levy) is amended...

      5. 5.(1) Section 129 (payment and administration of the levy) is...

      6. 6.(1) Section 130 (net amount of levy payments) is amended...

      7. 7.(1) Section 131 (application of net amount of levy payments)...

      8. 8.(1) Section 132 (introduction of late night levy requirement) is...

      9. 9.(1) Section 133 (amendment of late night levy requirement) is...

      10. 10.(1) Section 134 (introduction or variation of late night levy...

      11. 11.(1) Section 135 (permitted exemption and reduction categories) is amended...

      12. 12.After section 136 insert— Late night levy: requests by relevant...

      13. 13.(1) Section 137 (interpretation) is amended as follows.

    19. SCHEDULE 19

      Amendments where NCA is party to police collaboration agreement

      1. 1.Police Act 1997 (c. 50)

      2. 2.Regulation of Investigatory Powers Act 2000 (c. 23)

      3. 3.(1) Section 29 (authorisation of covert human intelligence sources) is...

      4. 4.After section 29 insert— Section 29: supplementary provision in relation...

      5. 5.(1) Section 33 (rules for grant of authorisations) is amended...

      6. 6.After section 33 insert— Section 33: further provision in cases...

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