Police Act 1996 (c. 16)

SCHEDULES

Section 54

F1 [F2 SCHEDULE 4A U.K. Further provision about Her Majesty's Inspectors of Constabulary

Textual Amendments

F1 Sch. 4A paras. 6A-6F and cross-headings substituted for Sch. 4A paras. 6A, 6B and cross-headings (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 36(1), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

F2 Sch. 4A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 29(2), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)

Modifications etc. (not altering text)

C1 Sch. 4A modified (temp.) (1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), arts. 1(1), 3(4)

Delegation of functions U.K.

1 (1) An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority. U.K.

(2) If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule as carried out by the inspector.

(3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks U.K.

2 (1) F3 The chief inspector of constabulary shall from time to time ... prepare— U.K.

(a) a document setting out what inspections [F4 the inspectors of constabulary propose] to carry out (an “inspection programme”);

(b) a document setting out the manner in which [F5 they propose to carry out their] functions of inspecting and reporting (an “inspection framework”).

(2) Before preparing an inspection programme or an inspection framework the chief inspector of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(c) [F6 Her Majesty’s Chief Inspector of Probation for England and Wales],

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

F8 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (g) the Care Quality Commission,]

F10 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other person or body specified by an order made by the Secretary of State,

and he shall send to [F11 the Secretary of State] a copy of each programme or framework once it is prepared.

[F12 (2A) The chief inspector of constabulary must—

(a) lay before Parliament a copy of each inspection programme or inspection framework prepared under this paragraph,

(b) arrange for each such programme or framework to be published in such manner as the chief inspector thinks appropriate, and

(c) send a copy of each such programme or framework to each of the persons or bodies listed in sub-paragraph (2)(a) to (j).

(2B) But the chief inspector of constabulary must obtain the approval of the Secretary of State to the inspection programme or framework in question before acting under sub-paragraph (2A).]

(3) The requirement in sub-paragraph (2) to consult, and [F13 under sub-paragraph (2A)(c)] to send copies to, a person or body listed in paragraphs (a) to (j) of [F14 sub-paragraph (2)] is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

F15 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (4A) The Secretary of State may by order specify matters to which the chief inspector of constabulary must have regard in preparing an inspection programme or an inspection framework.

(4B) Those matters may (in particular) include the need to secure, so far as possible, the following objectives—

(a) that any requirements placed on police forces as a result of inspections carried out under section 54 are not unduly burdensome; and

(b) that inspections under that section can be carried out promptly in response to matters that raise issues of national importance in relation to the police.

(4C) For the purposes of sub-paragraph (4B)(b), the Secretary of State may issue guidance as to the matters that raise issues of national importance in relation to the police; and the chief inspector of constabulary must have regard to any such guidance in preparing an inspection programme or an inspection framework.]

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.

[F17 (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.]

Textual Amendments

F3 Words in Sch. 4A para. 2(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(2), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F4 Words in Sch. 4A para. 2(1)(a) substituted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(5)(a), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

F5 Words in Sch. 4A para. 2(1)(b) substituted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(5)(b), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

F6 Words in Sch. 4A para. 2(2)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 27(2)(b)

F7 Sch. 4A para. 2(2)(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(a) (with art. 2)

F8 Sch. 4A para. 2(2)(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(2)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(x), 36

F9 Sch. 4A para. 2(2)(g) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(2)(b); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F10 Sch. 4A para. 2(2)(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(2); S.I. 2015/841, art. 3(x)

F11 Words in Sch. 4A para. 2(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(3), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F12 Sch. 4A para. 2(2A)(2B) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F13 Words in Sch. 4A para. 2(3) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(5)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F14 Words in Sch. 4A para. 2(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(5)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F15 Sch. 4A para. 2(4) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(6), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F16 Sch. 4A para. 2(4A)-(4C) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 85(7), 157(1); S.I. 2011/3019, art. 3, Sch. 1

F17 Sch. 4A para. 2(6)(7) inserted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(5)(c), 183(1)(5)(e); S.I. 2017/399, reg. 4(a)

Modifications etc. (not altering text)

C2 Sch. 4A para. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(5), 61(2); S.I. 2013/1682, art. 3(o)

Inspections by other inspectors of organisations within remit of inspectors of constabulary U.K.

3 (1) If— U.K.

(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(c) [F18 Her Majesty’s Inspectorate of Probation for England and Wales] ;

[F19 (d) the Care Quality Commission;]

F20 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by order amend sub-paragraph (2).

(4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.

(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.

(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9).

(9) The Secretary of State, if satisfied that the proposed inspection—

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(c) provision prescribing circumstances in which notices are, or are not, to be made public;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Textual Amendments

F18 Words in Sch. 4A para. 3(2)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 26(2)(b)

F19 Sch. 4A para. 3(2)(d) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(3); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F20 Sch. 4A para. 3(2)(e) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(3); S.I. 2015/841, art. 3(x)

Co-operation U.K.

4 U.K. The inspectors of constabulary shall co-operate with—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(c) [F21 Her Majesty’s Inspectorate of Probation for England and Wales],

F22 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

F23 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 (g) the Care Quality Commission,]

F25 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other public authority specified by an order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary.

Textual Amendments

F21 Words in Sch. 4A para. 4(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 26(2)(b)

F22 Sch. 4A para. 4(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(b) (with art. 2)

F23 Sch. 4A para. 4(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(4)(a), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(x), 36

F24 Sch. 4A para. 4(g) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 63(4)(b); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F25 Sch. 4A para. 4(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(4); S.I. 2015/841, art. 3(x)

Modifications etc. (not altering text)

C3 Sch. 4A para. 4 applied (10.12.2012) by The Customs (Inspections by Her Majestys Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012 (S.I. 2012/2840), regs. 1, 11(2)

Joint action U.K.

5 (1) The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions. U.K.

(2) The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

(a) what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

(b) what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3) The chief inspectors within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(c) [F26 Her Majesty’s Chief Inspector of Probation for England and Wales];

F27 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Textual Amendments

F26 Words in Sch. 4A para. 5(3)(c) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 27(2)(b)

F27 Sch. 4A para. 5(3)(d) repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 5(c) (with art. 2)

Modifications etc. (not altering text)

C4 Sch. 4A para. 5 applied (10.12.2012) by The Customs (Inspections by Her Majestys Inspectors of Constabulary and the Scottish Inspectors) Regulations 2012 (S.I. 2012/2840), regs. 1, 12

C5 Sch. 4A para. 5 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(5), 61(2); S.I. 2013/1682, art. 3(o)

Assistance for other public authorities U.K.

6 (1) The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. U.K.

[F28 (1A) The chief inspector of constabulary may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).]

[F29 (2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.]

Textual Amendments

F28 Sch. 4A para. 6(1A) inserted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(5)(a); S.I. 2014/900, art. 2(l)(ii)

F29 Sch. 4A para. 6(2) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 31(5)(b); S.I. 2014/900, art. 2(l)(ii)

[F1 Powers of inspectors to obtain information etc] U.K.

6A [F1 (1) An inspector may serve on a person a notice requiring the person— U.K.

(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.]

Modifications etc. (not altering text)

C6 Sch. 4A para. 6A applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 7

C7 Sch. 4A para. 6A applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 6

C8 Sch. 4A para. 6A applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 8

C9 Sch. 4A para. 6A applied (1.11.2018) by The Police Super-complaints (Designation and Procedure) Regulations 2018 (S.I. 2018/748), regs. 1(2), 9(3)

C10 Sch. 4A paras. 6A, 6B applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), regs. 1(1), 97(2)(3)(6)

[F1 Powers of inspectors to obtain access to police premises] U.K.

6B [F1 (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— U.K.

(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).]

Modifications etc. (not altering text)

C10 Sch. 4A paras. 6A, 6B applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), regs. 1(1), 97(2)(3)(6)

C11 Sch. 4A para. 6B applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 8

C12 Sch. 4A para. 6B applied (with modifications) (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 7

C13 Sch. 4A para. 6B applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 6

C14 Sch. 4A para. 6B applied (1.11.2018) by The Police Super-complaints (Designation and Procedure) Regulations 2018 (S.I. 2018/748), regs. 1(2), 9(3)

[F1 Failure to comply with notice under paragraph 6A or 6B U.K.

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

(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.

Modifications etc. (not altering text)

C15 Sch. 4A para. 6C applied (1.11.2018) by The Police Super-complaints (Designation and Procedure) Regulations 2018 (S.I. 2018/748), regs. 1(2), 9(4)

C16 Sch. 4A para. 6C applied (1.11.2018) by The Police Super-complaints (Designation and Procedure) Regulations 2018 (S.I. 2018/748), regs. 1(2), 9(5)

C17 Sch. 4A paras. 6C, 6D applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), regs. 1(1), 97(4)(5)

Appeals against notices under paragraph 6A U.K.

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. U.K.

(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);

[F30 (ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;]

(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.

Textual Amendments

F30 Sch. 4A para. 6D(2)(ca) 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. 43(2), 183(1)(5)(e); S.I. 2017/1139, reg. 2(i) (as amended by S.I. 2017/1162, reg. 2)

Modifications etc. (not altering text)

C17 Sch. 4A paras. 6C, 6D applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), regs. 1(1), 97(4)(5)

C18 Sch. 4A para. 6D applied (1.11.2018) by The Police Super-complaints (Designation and Procedure) Regulations 2018 (S.I. 2018/748), regs. 1(2), 9(4)

Sensitive information: restriction on further disclosure U.K.

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. U.K.

(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 U.K.

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— U.K.

(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.]

Orders under this Schedule U.K.

7 U.K. A statutory instrument containing an order under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.]