Police Act 1996

[F1 88L Removal from police advisory list U.K.

(1) Subsection (2) applies where a relevant authority reports a person to the College of Policing under section 88I(1)(a) or (b) and—

(a) it is determined that no disciplinary proceedings will be brought against the person,

(b) the disciplinary proceedings brought against the person are withdrawn, or

(c) the disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had still been a person serving with the police.

(2) Where this subsection applies, the relevant authority must make a further report to the College of Policing in relation to the person.

(3) A report under subsection (2)—

(a) must be made within such period as is specified in regulations made by the Secretary of State;

(b) must include such information as is so specified.

(4) On receipt of a report under subsection (2) in relation to a person the College of Policing must remove the person from the police advisory list.

(5) The College of Policing must remove a person from the police advisory list if the person becomes included in the police barred list by virtue of section 88A(1)(b) or (d).

(6) The Secretary of State may by regulations make provision in connection with the removal from the police advisory list (otherwise than under subsection (4) or (5)) of a person who, immediately before resigning or retiring, was a member of a police force or a special constable.

(7) The Secretary of State must by regulations make provision in connection with the removal from the police advisory list (otherwise than under subsection (4) or (5)) of

[F2 (a) a person who, immediately before resigning or retiring, was a civilian police employee;]

[F3 (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.]

(8) Regulations under subsection (6) or (7) may confer functions on the College of Policing including functions which involve the exercise of a discretion.

(9) In this section—

• “civilian police employee” has the same meaning as in section 88A;

• “disciplinary proceedings” has the same meaning as in section 88A;

• “person serving with the police” has the same meaning as in section 88I;

• “relevant authority” has the same meaning as in section 88I.

(10) Regulations under this section may make different provision for different cases and circumstances.

(11) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Pt. 4A inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 8; S.I. 2017/1139, reg. 2(c) (as amended by S.I. 2017/1162, reg. 2)

F2 Words in s. 88L(7) renumbered as s. 88L(7)(a) (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 42(5)(a), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)

F3 S. 88L(7)(b) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 42(5)(b), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)