The Police Barred List and Police Advisory List Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under Part 4A of the Police Act 1996 (the “1996 Act”), which was inserted by section 30 of, and Schedule 8 to, the Policing and Crime Act 2017. Part 4A of the 1996 Act requires the College of Policing to maintain two lists; the police barred list (see section 88B) and the police advisory list (see section 88J). These Regulations are made under various powers in Part 4A to make provision supplementing the regime established under that Part.

Regulation 3 sets out the information that must be included in a report on a person under section 88A(1) of the 1996 Act and the time period within which the report must be made. A person reported under that provision is recorded in the police barred list. Regulation 12 makes similar provision in relation to reports under section 88I(1) of the 1996 Act. A person reported under that provision is recorded in the police advisory list.

Regulations 4 and 13 specify the information from that relevant report under section 88A(1) or 88I(1) of the 1996 Act which must be included in the police barred list and the police advisory list.

Regulation 5 sets out the information that must be included in a further report under section 88F(1) on a person who is recorded in the barred list when one of the events set out in that provision occurs and the time period within which the report must be made. The effect of the further report is to trigger a requirement for the College of Policing to remove the person from the police barred list. Regulation 14 makes similar provision in relation to the police advisory list.

Regulation 6 makes provision for a person to be removed from the police barred list in other cases where the event which led to that person’s inclusion has been set aside overturned following a review or appeal.

Regulations 7 and 15 specify the circumstances in which a person on the police barred list or the police advisory list can apply to the College of Policing to be removed from the list. Regulations 8 and 16 set out the circumstances in which a person must automatically be removed from the police barred list and the police advisory list. Regulations 9 and 17 provide for the College to remove a person’s name from either list if the person has died.

Regulation 10 provides that where a person recorded in the police barred list is a police officer or former police officer (as opposed to a police civilian employee or former police civilian employee) the College must publish the entry relating to that person. Regulation 10(4) provides that in certain limited circumstances an entry on the list may be exempt from the publication requirement.

Regulation 11 provides that the College must consider whether an entry on the barred list should continue to be published if a matter comes to the College’s attention which is relevant to any of the exemptions available from the publication requirement.

An impact assessment of the effect the Policing and Crime Act 2017, and the secondary legislation to be made under it (including these Regulations) will have on the costs of business, the voluntary sector and the public sector is available from the Home Office at 2 Marsham Street, London SW1P 4DF or on the internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/499355/Impact_Assessment_-_Reform_of_the_Discipline_System.pdf.