[F1 Part 4A U.K.Police barred list and police advisory list

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)

Police advisory list U.K.

88I Duty to report resignations and retirements [F2 etc] to College of Policing U.K.

(1) The relevant authority must report a person to the College of Policing where—

(a) the person ceases to be a person serving with the police by resigning or retiring after a relevant allegation about the person comes to the attention of the relevant authority but before disciplinary proceedings in respect of the allegation are brought or, if brought, before they are concluded;

(b) the person is a former member of a police force or a former special constable and a relevant allegation about the person comes to the attention of the relevant authority after the person having ceased to be a member of a police force or a special constable (as the case may be) by resigning or retiring.

[F3 (c) the person's designation as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 is withdrawn and the reason, or one of the reasons, for the withdrawal of the designation relates to conduct, efficiency or effectiveness;

(d) the person, having been designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, decides to stop volunteering as a police volunteer (within the meaning of that section) after a relevant allegation about the person comes to the attention of the relevant authority.]

(2) But the duty in subsection (1)(a) does not apply if, before the person resigns or retires, it is determined that no disciplinary proceedings will be brought against the person in respect of the allegation.

(3) A report under subsection (1)—

(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) In this section “relevant authority” means—

(a) in relation to a person who was a member of a police force, other than a chief officer of police, immediately before resigning or retiring, the chief officer of police of that police force;

(b) in relation to a person who was a chief officer of police immediately before resigning or retiring, the local policing body for the police force of which the person was a member at that time;

(c) in relation to a person who was a special constable immediately before resigning or retiring, the chief officer of police of the police force for which the person was appointed as a special constable immediately before resigning or retiring;

(d) in relation to a person who was a civilian police employee immediately before resigning or retiring, the chief officer of police under whose direction and control the person was at that time.

[F4 (e) in relation to a person falling within subsection (1)(c) or (d), the chief officer of police by whom the person was designated.]

(5) For the purposes of this section a person is serving with the police if the person is—

(a) a member of a police force,

(b) a special constable, or

(c) a civilian police employee (within the meaning of section 88A).

(6) For the purposes of this section an allegation about a person is a relevant allegation if—

(a) it relates to the conduct, efficiency or effectiveness of the person, and

(b) the allegation (if proved) is of a type that might have resulted in the person being dismissed as described in section 88A(1)(a) or (c) if the person had not resigned or retired [F5 or (as the case may be) the person's designation as a community support volunteer or a policing support volunteer being withdrawn if the person had not decided to stop volunteering].

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

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

Textual Amendments

F2 Word in s. 88I heading 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(3)(a), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)

F3 S. 88I(1)(c)(d) 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(3)(b), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)

F4 S. 88I(4)(e) 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(3)(c), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)

F5 Words in s. 88I(6)(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(3)(d), 183(1)(5)(e); S.I. 2017/1139, reg. 2(h) (as amended by S.I. 2017/1162, reg. 2)