SCHEDULES

C5F1F2SCHEDULE 4AFurther provision about Her Majesty's Inspectors of Constabulary

Annotations:
Amendments (Textual)
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)

Modifications etc. (not altering text)

F1Powers of inspectors to obtain information etc

C2C6C1C3C46A

F11

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—

    1. a

      an inspector of constabulary,

    2. b

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

    3. c

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