http://www.legislation.gov.uk/id/ukpga/2017/3

http://www.legislation.gov.uk/ukpga/2017/3/section/31

Policing and Crime Act 2017

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

text

text/xml

Statute Law Database

2024-05-06

Expert Participation

2023-12-26

Policing and Crime Act 2017

specified provision(s)

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

reg. 2

Part 2Police complaints, discipline and inspection

CHAPTER 4Police discipline

I1 I231Appeals to Police Appeals Tribunals

1

Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals) is amended as follows.

2

In paragraph 1 (appeal by a senior officer), in sub-paragraph (1), in the words before paragraph (a), for “Secretary of State” substitute “ relevant person ”.

3

In paragraph 2 (appeal by a member of a police force other than a senior officer or by a special constable), in sub-paragraph (1)—

a

in the words before paragraph (a), for “relevant local policing body” substitute “ relevant person ”;

b

omit paragraph (d);

c

at the end insert—

e
one shall be a lay person.

4

After paragraph 2 insert—

2A
1
For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State.
2
Rules under sub-paragraph (1) may make—
a
different provision for different cases and circumstances;
b
provision for the relevant person to be able to delegate the power to appoint the members of a tribunal.
3
A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

5

In paragraph 10 (interpretation)—

a

after paragraph (a) insert—

aa
lay person” means a person who is not, and has never been—
i
a member of a police force or a special constable,
ii
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 (see section 102(4) and (6) of that Act),
iii
a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London,
iv
a police and crime commissioner,
v
a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(3) and (5) of that Act),
vi
a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8) (see section 99 of that Act),
vii
a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
viii
a member of the British Transport Police Force or a special constable appointed under section 25 of the Railways and Transport Safety Act 2003,
ix
an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,
x
a member of the Ministry of Defence Police,
xi
a person (other than a member of the Ministry of Defence Police) who is under the direction and control of the chief constable for the Ministry of Defence Police,
xii
a member of the Civil Nuclear Constabulary, or
xiii
an employee of the Civil Nuclear Police Authority appointed under paragraph 6 of Schedule 10 to the Energy Act 2004,

b

omit sub-paragraph (c).

6

In consequence of the other provision made by this section—

a

in the Criminal Justice and Immigration Act 2008, in Part 1 of Schedule 22, omit paragraph 11(6)(b);

b

in the Police Reform and Social Responsibility Act 2011, in Part 1 of Schedule 16, omit paragraph 47(2)(b).

Part 2Police complaints, discipline and inspection

CHAPTER 4Police discipline

I1I231Appeals to Police Appeals Tribunals

1

2

3

a

b

c

e

4

2A

1

2

a

b

3

5

a

aa

i

ii

iii

iv

v

vi

vii

viii

ix

x

xi

xii

xiii

b

6

a

b

I1 I231Appeals to Police Appeals Tribunals