Policing and Crime Act 2017

37 Inspectors and inspections: miscellaneous

(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.”