PART 2

The Domestic Abuse Commissioner

Duties of public authorities in relation to Commissioner

Duty to co-operate with Commissioner
15
1
The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner's functions.
2
A specified public authority must, so far as reasonably practicable, comply with a request made to it under this section.
3
In this section “specified public authority” means any of the following—
a
a chief officer of police of a police force maintained for a police area in England and Wales;
b
a local policing body;
c
the Chief Constable of the British Transport Police Force;
d
the British Transport Police Authority;
e
the Ministry of Defence Police;
f
an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum;
g
the Crown Prosecution Service;
h
the Parole Board;
i
the Criminal Cases Review Commission;
j
an English local authority;
k
an NHS body in England;
l
Her Majesty's Inspectors of Constabulary;
m
Her Majesty's Chief Inspector of the Crown Prosecution Service;
n
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
o
a body approved as an independent inspectorate under section 106 of the Education and Skills Act 2008 (inspection of registered independent educational institutions);
p
the Care Quality Commission;
q. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
r
the Independent Office for Police Conduct.
4
The Secretary of State may by regulations amend this section so as to—
a
add a public authority as a specified public authority for the purposes of this section;
b
remove a public authority added by virtue of paragraph (a);
c
vary any description of a public authority.
5
Before making regulations under subsection (4) the Secretary of State must consult the Commissioner.
6
Regulations under subsection (4) may not contain provision adding a devolved Welsh authority as a specified public authority for the purposes of this section.
7
In this section—
- “devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006;
- “English local authority” means—
  1. a county council or district council in England,
  2. a London borough council,
  3. the Greater London Authority,
  4. the Common Council of the City of London in its capacity as a local authority, or
  5. the Council of the Isles of Scilly;
- “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
- “NHS body in England” means—
  1. a National Health Service trust in England established under section 25 of the National Health Service Act 2006,
  2. an NHS foundation trust within the meaning given by section 30 of that Act,
  3. NHS England, or
  4. an integrated care board established under section 14Z25 of that Act;
...
- “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
Words in s. 15(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 38; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 15 in force at 1.11.2021 by S.I. 2021/1038, reg. 3(b)
S. 15(3)(r) inserted (16.4.2024) by The Domestic Abuse Act 2021 (Amendment) Regulations 2024 (S.I. 2024/421), regs. 1(1), 2
Words in s. 15(7) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 36(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29)
S. 15(3)(q) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 103; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 15(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 239; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)