Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Emergency services collaboration
A collaboration agreement may be made by—
one or more persons within a paragraph of subsection (2), and
one or more persons within another paragraph of that subsection.
Those persons are—
an ambulance trust in England,
a fire and rescue body in England, and
a police body in England.
A collaboration agreement is an agreement in writing that sets out how the parties to the agreement will work together in discharging their functions.
Subsection (1) does not prevent a person other than a person listed in subsection (2) from being a party to a collaboration agreement.
This section is subject to section 3 (collaboration agreements: specific restrictions).
Section 4 makes further provision about collaboration agreements.
A relevant emergency service in England (“the relevant service”) must keep under consideration whether entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services.
If the relevant service considers that entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services (“the proposed collaboration”), the relevant service must notify those other services of the proposed collaboration.
The relevant service and the other services (“the proposed parties”) must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of the proposed parties.
Subsection (5) applies if—
a proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party), and
at least one other proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party).
Each proposed party which is of that view must give effect to the proposed collaboration, or give effect to it so far as it relates to that party, by entering into a collaboration agreement (if the party has power to do so).
In the application of this section to a local policing body, references to the efficiency or effectiveness of that body include the efficiency or effectiveness of the police force it is responsible for maintaining.
This section is subject to section 3 (collaboration agreements: specific restrictions).
Section 2 does not require a relevant emergency service in England to enter into a collaboration agreement if the service is of the view that the proposed collaboration would have an adverse effect on public safety or otherwise have an adverse effect on its efficiency or effectiveness.
Section 2 does not require an ambulance trust in England to enter into a collaboration agreement that would in the view of that trust have an adverse effect on—
its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, or
the health service in England (within the meaning of the National Health Service Act 2006).
Section 2 applies to an ambulance trust in England only so far as it provides an emergency ambulance service.
Subsection (5) applies where an ambulance trust in England is considering whether a proposed collaboration would be in the interests of the efficiency or effectiveness of the trust for the purposes of section 2.
The ambulance trust must have particular regard to any effect that entering into a collaboration agreement pursuant to the proposed collaboration would have on—
its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, and
the health service in England (within the meaning of the National Health Service Act 2006).
The London Fire Commissioner must consult the Mayor of London before entering into a collaboration agreement (unless the Mayor is a party to the agreement).
A combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined authority is entitled to exercise.
A combined county authority that exercises the functions of a fire and rescue authority by virtue of section 18 or 19 of the Levelling-up and Regeneration Act 2023 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined county authority is entitled to exercise.
An elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a fire and rescue authority that the mayor is entitled to exercise.
An elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a police and crime commissioner that the mayor is entitled to exercise.
A chief officer of police of a police force may not enter into a collaboration agreement unless the local policing body responsible for maintaining that police force also enters into the agreement.
A local policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before entering into a collaboration agreement (unless that chief officer is a party to the agreement).
A collaboration agreement may, in particular, make provision about the use, for the purposes of the agreement, of a power of a party to the agreement to—
make arrangements for the exercise of the party's functions by another person, or
exercise functions jointly with another person.
A collaboration agreement may include provision for payments to be made by the parties to the agreement for the purposes of facilitating that agreement.
A party to a collaboration agreement may do anything that is necessary or expedient for the purposes of facilitating the agreement.
Subsection (3) is subject to any restriction imposed on a party by, or by virtue of, an enactment or rule of law.
A collaboration agreement may not include provision for the delegation of a function where that function may not otherwise be delegated.
The delegation of a function pursuant to a collaboration agreement does not affect the responsibility of any party to the agreement for the exercise of its functions.
A collaboration agreement must make provision for a party to withdraw from the agreement where in the view of that party the agreement is no longer in the interests of its efficiency or effectiveness.
A collaboration agreement may be—
varied with the agreement of all of the parties to the agreement, or
replaced by a subsequent collaboration agreement.
This section has effect for the purposes of this Chapter.
“Collaboration agreement” has the meaning given by section 1(3).
“Relevant emergency service in England” means—
an ambulance trust in England,
a fire and rescue body in England, or
a police body in England.
“Ambulance trust in England” means—
an NHS trust all or most of whose hospitals, establishments and facilities are in England and which provides ambulance services, or
an NHS foundation trust which provides such services.
“Fire and rescue body in England” means—
a fire and rescue authority in England,
an elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of that Act.
an elected mayor who exercises the functions of a fire and rescue authority by virtue of section 30 of that Act.
“Fire and rescue authority in England” has the same meaning as in the Fire and Rescue Services Act 2004.
“Police body in England” means—
a police and crime commissioner for a police area in England,
a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),
the Mayor's Office for Policing and Crime,
the Commissioner of Police of the Metropolis,
the Common Council of the City of London in its capacity as police authority for the City of London police area,
the Commissioner of Police for the City of London, or
an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.
“Chief officer” means—
a chief constable of a police force for a police area in England (see Schedule 1 to the Police Act 1996),
the Commissioner of Police of the Metropolis, or
the Commissioner of Police for the City of London.
“Local policing body” means—
a police and crime commissioner for a police area in England,
the Mayor's Office for Policing and Crime,
the Common Council of the City of London in its capacity as police authority for the City of London police area, or
an elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009.
“The City of London police area” means the City of London as defined for the purposes of the Acts relating to the City of London police force.
Schedule 1 makes provision for a person who is the police and crime commissioner for an area to be the fire and rescue authority for that area.
The Local Government Act 1972 is amended in accordance with subsections (2) to (4).
In section 102 (appointment of committees) after subsection (5) insert—
In Part 1 of Schedule 12 (meetings and proceedings of principal councils) after paragraph 6 insert—
In Part 1A of Schedule 12 (joint authorities etc) in paragraph 6B (application of Part 1) after “this Schedule” insert “ other than paragraph 6ZA ”.
The Local Government Act 1985 is amended in accordance with subsections (6) and (7).
In section 26 (metropolitan county fire and rescue authorities)—
in subsection (3) for “Each” substitute “ Subject to subsection (5), each ”, and
after subsection (4) insert—
In section 34 (chairman, vice-chairman and clerk of metropolitan county fire and rescue authority) in subsection (7) for the “and” at the end of paragraph (b) substitute—.
In section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees) after subsection (5) insert—
In Schedule A1 to the Local Government Act 2000 (executive arrangements in England: further provisions) after paragraph 4 insert—
Section 3 of the Fire and Rescue Services Act 2004 (creation of combined fire and rescue authority: supplementary) is amended in accordance with subsections (11) and (12).
In subsection (3)(a) for “or by the Secretary of State” substitute “ , by the Secretary of State or, in the case of a combined authority for an area which is wholly within England, by the combined authority ”.
After subsection (5) insert—
The Localism Act 2011 is amended in accordance with subsections (14) and (15).
In section 27 (duty to promote and maintain high standards of conduct) after subsection (4) insert—
In section 28 (codes of conduct) after subsection (11) insert—
The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (4).
After section 107E insert—
In section 107D(6)(b) (general functions exercisable by the mayor for the area of a combined authority) after “section 107E” insert “ or 107EA ”.
In section 120 (interpretation) after the definition of “EPB” insert—.
omit the “or” at the end of paragraph (a), and
after paragraph (b) insert—
In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales) in subsection (4) (as inserted by paragraph 76 of Schedule 1) for “also imposes a requirement” substitute “ and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements ”.
omit the “or” at the end of paragraph (a), and
after paragraph (b) insert—
after “whom” insert “ —(a) ”, and
after paragraph (a) insert
In Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process) in sub-paragraph (1AA) (as inserted by paragraph 93 of Schedule 1) after “section 4H of the Fire and Rescue Services Act 2004” insert “ or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009 ”.
In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as inserted by paragraph 95 of Schedule 1)—
omit the “or” at the end of sub-paragraph (i), and
for the “or” at the end of sub-paragraph (ii) substitute—.
The London Fire and Emergency Planning Authority is abolished.
The functions of the London Fire and Emergency Planning Authority are (subject to this Act) transferred to the London Fire Commissioner.
Schedule 2—
amends the Greater London Authority Act 1999 in consequence of the abolition of the London Fire and Emergency Planning Authority,
amends that Act so as to make provision about the London Fire Commissioner, and
makes consequential amendments to other Acts.
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities of the London Fire and Emergency Planning Authority to the London Fire Commissioner.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme;
criminal liabilities.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
create rights, or impose liabilities, in relation to property transferred;
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor, in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
A transfer scheme may provide—
for the scheme to be modified by agreement after it comes into effect;
for any such modifications to have effect from the date when the original scheme came into effect.
In this section—
references to the transfer of property include the grant of a lease;
references to rights and liabilities include rights and liabilities under a contract of employment;
“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
The Fire and Rescue Services Act 2004 is amended as follows.
In section 28 (inspectors), before subsection (1) insert—
In section 28, in subsection (1)(a), after “fire and rescue authorities” insert “ in Wales ”.
After section 28 insert—
After section 28A (as inserted by subsection (4)) insert—
After Schedule A2 insert the new Schedule A3 set out in Schedule 3 to this Act.
A person appointed, before the coming into force of this section, under section 28 of the Fire and Rescue Services Act 2004 for the purpose of obtaining information in relation to the functions of fire and rescue authorities in England (including a person taken to have been so appointed by virtue of subsection (3) of that section) is to be taken—
if an inspector, to have been appointed under subsection (A1) of that section, and
if an assistant inspector or other officer, to have been appointed under subsection (A5) of that section.
The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) is amended as follows.
In article 2 (interpretation), in the definition of “fire inspector”—
after “inspector”” insert “ , in relation to Wales, ”;
In article 27 (powers of inspectors), after paragraph (4) insert—
In article 28 (exercise on behalf of fire inspectors etc of their powers by officers of fire brigades)—
in paragraph (1)—
omit “, or any other person authorised by the Secretary of State under article 25(e),”;
for “and (3)” substitute “ to (4) ”;
after paragraph (1) insert—;
in paragraph (2), for “, or other person authorised by the Secretary of State,” substitute “ or authorised person ”;
after paragraph (2) insert—
Police complaints, discipline and inspection
In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after section 13 insert—
Section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies) is amended as follows.
For subsection (1) substitute—
In subsection (3)—
for “subsection (1)(b)” substitute “ subsection (1B)(b) ”;
for “made by or on behalf of a person who” substitute “ where the person in question ”.
After subsection (4) insert—
In subsection (6), for the words before paragraph (a) substitute “ For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless— ”.
Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.
In section 20 (duty to keep the complainant informed), after subsection (3) insert—
In section 20, for subsection (4) substitute—
In section 20, after subsection (8) insert—
In section 20(9), after “under this Part” insert “ , or who is otherwise involved in the handling of a complaint under this Part, ”.
In section 21 (duty to provide information for other persons), after subsection (8) insert—
In section 21, for subsection (9) substitute—
In section 21, after subsection (11) insert—
In Schedule 3—
in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), omit sub-paragraphs (4) and (9) to (12);
in paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22), omit sub-paragraphs (4) and (7) to (10).
In consequence of the repeal made by subsection (9)(b), Schedule 3 is further amended as follows—
in paragraph 24, after sub-paragraph (6A) (as inserted by Schedule 5) insert—;
in paragraph 27 (duties with respect to disciplinary proceedings etc)—
in sub-paragraph (1), omit paragraph (a) (including the “or” at the end);
in sub-paragraph (2)(a), omit “which has been or is required to be notified or, as the case may be,”.
In consequence of the repeals made by subsection (9), omit the following—
in the Criminal Justice and Immigration Act 2008, in Schedule 23, paragraph 14(7) and (8);
in the Anti-social Behaviour, Crime and Policing Act 2014, in Part 3 of Schedule 11, paragraph 95(6).
Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.
In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 4A ”.
After paragraph 4 insert—
In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).
In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 13A ”.
After paragraph 13 insert—
In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).
In paragraph 14C (reference of DSI matters to the Commission), in sub-paragraph (3), after “occasion” insert “ , or that has been treated as having been so referred by virtue of paragraph 14CA, ”.
After paragraph 14C insert—
In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act), in subsection (1), in paragraph (a) of the definition of “recordable conduct matter”, for “or 11” substitute “ , 11 or 13A ”.
In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after section 13A (as inserted by section 13) insert—
Part 3 of Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc: investigations and subsequent proceedings) is amended as follows.
In paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), after sub-paragraph (1) insert—
In paragraph 24A (final reports on investigations: DSI matters), after sub-paragraph (5) (as inserted by Schedule 5) insert—
In paragraph 27 (duties with respect to disciplinary proceedings etc), after sub-paragraph (1) insert—
In paragraph 28B (response to recommendation by the Commission under paragraph 28A), at the end insert—
Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.
After section 21 insert—
In Schedule 3 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings)—
omit paragraph 19ZD (sensitive information: restriction on further disclosure of information received under an information notice);
in paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—
after sub-paragraph (6) insert—;
in sub-paragraph (8), at the end insert “ except so far as the person is prevented from doing so by section 21A ”;
in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22)—
in sub-paragraph (1A) (as inserted by section 18), after “sub-paragraph (2)(a)” insert “ (read with sub-paragraph (2ZA)) ”;
after sub-paragraph (2) insert—;
in paragraph 24A (final reports on investigations: other DSI matters), after sub-paragraph (3) insert—;
in paragraph 24B (action by the Commission in response to an investigation report under paragraph 24A), after sub-paragraph (1) insert—
In Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings), before paragraph 19A insert—
In section 21 of the Police and Criminal Evidence Act 1984 (access and copying), at the end insert—
In section 29 of the Police Reform Act 2002 (interpretation of Part 2), at the end insert—
In section 28 of the Commissioners for Revenue and Customs Act 2005 (complaints and misconduct: England and Wales), in subsection (6), at the end insert “ , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales ”.
In section 41 of the Police and Justice Act 2006 (immigration and asylum enforcement functions and customs functions: complaints and misconduct), in subsection (7), at the end insert “ , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales ”.
In section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners), in subsection (8) (duty to hold chief constable to account), after paragraph (c) insert—.
In section 3 of that Act (Mayor's Office for Policing and Crime), in subsection (8) (duty to hold Commissioner of Police of the Metropolis to account), after paragraph (c) insert—.
In section 6ZA of the Police Act 1996 (power to confer particular functions on the Common Council), in subsection (2), after paragraph (a) insert—.
In section 23 of the Police Reform Act 2002 (Part 2 regulations), in subsection (2), after paragraph (p) insert—.
In section 18 of the Police Reform and Social Responsibility Act 2011 (delegation of functions by police and crime commissioners), in subsection (3), after paragraph (a) insert—.
In section 19 of the Police Reform and Social Responsibility Act 2011 (delegation of functions by Mayor's Office for Policing and Crime), in subsection (3), after paragraph (a) insert—.
in subsection (2), omit the words from the beginning to “and” in the first place it occurs;
after subsection (2) insert—
A local policing body may make one or more schemes for the transfer to itself from the chief officer of police of the police force maintained by the local policing body of rights and liabilities under, or in connection with, a relevant contract of employment provided that the condition in subsection (2) is satisfied in relation to each such scheme.
The condition referred to in subsection (1) is that it is desirable to make the scheme to enable the local policing body to discharge functions that are, or are to be, conferred on it under or by virtue of the Police Reform Act 2002 as a result of the amendments of that Act made by section 13 of, and paragraph 39 of Schedule 5 to, this Act.
For the purposes of this section a contract of employment is a relevant contract of employment if it is a contract of employment of a member of the civilian staff of the police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011) and the staff member is not designated under section 38 of the Police Reform Act 2002.
The local policing body must obtain the consent of the chief officer of police to the making of the scheme.
Where the chief officer of police does not consent to the making of the scheme, the local policing body may make the scheme notwithstanding subsection (4) if the Secretary of State consents to the making of the scheme.
A scheme under subsection (1) must make provision that has the same or similar effect as the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) (so far as those regulations do not apply in relation to the transfer).
After Part 2 of the Police Reform Act 2002 (complaints and misconduct) insert—
In Part 2A of the Police Reform Act 2002, after section 29A (for which see section 25 above), insert—
In Part 2A of the Police Reform Act 2002, after section 29B (for which see section 26 above), insert—
After section 10(3) of that Act (general functions of the Commission) insert—
In section 105 of that Act, in subsection (5), after “Part 2” insert “ or 2B ”.
In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), in subsection (3)(b), after “Part 2” insert “ or 2B ”.
The Police Act 1996 is amended as follows.
In section 50 (regulations for police forces), after subsection (3) (regulations concerning disciplinary proceedings) insert—
In section 51 (regulations for special constables), after subsection (2A) (regulations concerning disciplinary proceedings) insert—
In section 84 (representation etc at disciplinary and other proceedings)—
in subsection (1)—
after “50(3)” insert “ or (3A) ”;
after “51(2A)” insert “ or (2B) ”;
in subsection (4)—
in the definition of “the officer concerned”, after “constable” insert “ or, as the case may be, the former member of a police force or the former special constable, ”;
in the definition of “relevant authority”, after “authority”” insert “ , in relation to proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A), ”;
after the definition of “relevant authority” insert—.
In section 85 (appeals against dismissal etc), in subsection (1), after “constable” insert “ , or a former member of a police force or a former special constable, ”.
In Schedule 6 (appeals to Police Appeals Tribunals), in paragraph 10—
in paragraph (b), before “means” insert “ , except in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), ”;
after paragraph (b) insert—
may not make provision in relation to a person who ceases to be a member of a police force or a special constable (as the case may be) before the coming into force of subsections (2) and (3);
may make provision in relation to a person who ceases to be a member of a police force or a special constable (as the case may be) after the coming into force of this section even though the alleged misconduct, inefficiency or ineffectiveness occurred at a time before the coming into force of subsections (2) and (3), but only if the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of a police force or a special constable.
Schedule 7 makes amendments of the Ministry of Defence Police Act 1987, the Railways and Transport Safety Act 2003 and the Energy Act 2004 which produce an equivalent effect to the amendments made by this section.
After Part 4 of the Police Act 1996, insert the Part set out in Schedule 8 to this Act.
In consequence of the new Part 4A of the Police Act 1996 (as inserted by Schedule 8), the Police Reform and Social Responsibility Act 2011 is amended as follows.
In section 42 (appointment of Commissioner of Police of the Metropolis), after subsection (3A) insert—
In section 43 (Deputy Commissioner of Police of the Metropolis), after subsection (3) insert—
In Part 1 of Schedule 8 (appointment of Chief Constables), in paragraph 1—
the existing text becomes sub-paragraph (1);
after that sub-paragraph insert—
The Secretary of State may by regulations made by statutory instrument make provision that—
corresponds or is similar to that made by or under Part 4A of the Police Act 1996 (as inserted by Schedule 8), and
relates to a person who is, or has been, employed or appointed by a person with functions of a public nature exercisable in, or in relation to, England and Wales that relate to policing or law enforcement (other than a chief officer of police or a local policing body, within the meaning of the Police Act 1996).
A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals) is amended as follows.
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 ”.
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)—
in the words before paragraph (a), for “relevant local policing body” substitute “ relevant person ”;
omit paragraph (d);
at the end insert—
After paragraph 2 insert—
In paragraph 10 (interpretation)—
after paragraph (a) insert—;
omit sub-paragraph (c).
In consequence of the other provision made by this section—
in the Criminal Justice and Immigration Act 2008, in Part 1 of Schedule 22, omit paragraph 11(6)(b);
in the Police Reform and Social Responsibility Act 2011, in Part 1 of Schedule 16, omit paragraph 47(2)(b).
Section 87 of the Police Act 1996 (guidance concerning disciplinary proceedings etc) is amended as follows.
For subsections (1) to (1A) substitute—
Before subsection (2) insert—
After subsection (4) insert—
For subsection (5) substitute—
After subsection (5) insert—
After section 87 of the Police Act 1996 insert—
The body corporate known as the Independent Police Complaints Commission—
is to continue to exist, and
is to be known instead as the Independent Office for Police Conduct.
Section 9 of the Police Reform Act 2002 (which established the Independent Police Complaints Commission) is amended in accordance with subsections (3) to (8).
For the heading substitute “ The Independent Office for Police Conduct ”.
For subsection (1) substitute—
For subsection (2) substitute—
In subsection (3)—
for “chairman of the Commission” substitute “ Director General ”;
omit “, or as another member of the Commission,”.
In subsection (5)—
for “The Commission shall not—” substitute “ Neither the Office nor the Director General shall— ”;
for “Commission's” substitute “Office's”.
In subsection (6) for “Commission” substitute “ Office ”.
Schedule 9 makes further provision in relation to the Independent Office for Police Conduct.
For “Commission”, in each place except as otherwise provided by subsection (5) (including in the heading and in provisions inserted by amendments made by this Act), substitute “ Director General ”.
In subsection (2)—
in paragraph (a), at the end insert “ or other concerns raised by virtue of Part 2B (whistle-blowing) ”;
in paragraph (c), after “complaints” insert “ or other concerns ”.
After subsection (5) insert—
In subsection (7), for “Commission”, in the first place it occurs, substitute “ Office ”.
After that section insert—
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, insert at the appropriate place—
The records that become public records for the purposes of that Act as a result of the amendment made by subsection (1) include all records of the Independent Office for Police Conduct of the kind mentioned in paragraph 3(1) of Schedule 1 to that Act (whether created before or after the coming into force of this section, and whether created under that name or under the name of the Independent Police Complaints Commission).
If the amendment made by subsection (1) comes into force before subsection (1) of section 33 comes into force, the reference in that amendment to the Independent Office for Police Conduct is, until subsection (1) of that section comes into force, to be read as a reference to the Independent Police Complaints Commission.
In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), for paragraphs 6A and 6B substitute—
Omit section 86 of the Police Reform and Social Responsibility Act 2011 (which is spent as a result of subsection (1) above).
In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), after subsection (6) insert—
In section 55 of that Act (publication of reports of inspections), after subsection (5) insert—
In that section, in subsection (6), for the words after “subsection (5)” substitute
In section 56 of that Act (assistant inspectors and staff officers), in subsections (1) and (2), for “Secretary of State” substitute “ chief inspector of constabulary ”.
In paragraph 2 of Schedule 4A to that Act (inspection programmes and inspection frameworks)—
in sub-paragraph (1)(a), for “he proposes” substitute “ the inspectors of constabulary propose ”;
in sub-paragraph (1)(b), for “he proposes to carry out his” substitute “ they propose to carry out their ”;
after sub-paragraph (5) insert—
In Schedule 6 to the Crime and Courts Act 2013 (inspection and complaints), in paragraph 4, after sub-paragraph (1) insert—
Police workforce and representative institutions
Powers of police civilian staff and volunteers
Chapter 1 of Part 4 of the Police Reform Act 2002 (exercise of police powers etc by civilians) is amended as follows.
In section 38 (police powers for civilian staff), for subsections (1) and (2) substitute—
In that section, omit subsections (5A) to (6A).
In that section, before subsection (7) insert—
In that section, after subsection (7) insert—
In that section, after subsection (9) insert—
In that section, after subsection (9B) (as inserted by subsection (6) above) insert—
In that section, at the end insert—
In the heading to section 38, after “civilian staff” insert “ and volunteers ”.
Omit section 38A (standard powers and duties of community support officers).
After Schedule 3 insert —
the new Schedule 3B set out in Schedule 10 to this Act, and
(after that new Schedule) the new Schedule 3C set out in Schedule 11 to this Act.
The Firearms Act 1968 is amended as follows.
In section 54 of that Act (Application of Parts 1 and 2 to Crown servants), in subsection (3)—
after paragraph (b) insert—;
after paragraph (f) insert
In section 57 of that Act (interpretation), in subsection (4), after the definition of “imitation firearm” insert—.
After section 53E of the Police Act 1996 (guidance about civilian staff employed by local policing bodies and chief officers) insert—
In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces about police training etc), in subsection (6)(c)—
omit the “or” at the end of sub-paragraph (ii);
after sub-paragraph (iii) insert
In section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies), in subsection (7) (what it means to be a person serving with the police)—
omit the “or” at the end of paragraph (b);
at the end of paragraph (c) insert
omit the “and” at the end of paragraph (b);
at the end of paragraph (c) insert
Part 4A of the Police Act 1996 (police barred list and police advisory list) (as inserted by Schedule 8) is amended as follows.
In section 88C (effect of inclusion in police barred list), at the end insert—
In section 88I (duty to report resignations and retirements to College of Policing)—
in the heading, after “retirements” insert “ etc ”;
in subsection (1), after paragraph (b) insert—;
in subsection (4), after paragraph (d) insert—;
in subsection (6)(b), at the end insert “ 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 ”.
In section 88K (effect of inclusion in police advisory list), at the end insert—
In section 88L (removal from police advisory list), in subsection (7)—
the words from “a person who,” to the end of the subsection become paragraph (a);
after that paragraph insert—
In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), in paragraph 6D (as inserted by section 36), after sub-paragraph (2)(c) insert—.
In section 29 of the Regulation of Investigatory Powers Act 2000 (authorisation of covert human intelligence sources), after subsection (6) insert—
Schedule 12—
makes further amendments in consequence of the amendments made by section 38 (see Parts 1 and 2 of that Schedule), and
makes minor correcting amendments of the Police Reform Act 2002 (see Part 3 of that Schedule).
Removal of powers of police to appoint traffic wardens
Sections 95 to 97 of the Road Traffic Regulation Act 1984 (traffic wardens), so far as extending to England and Wales, are repealed.
Those sections, so far as extending to Scotland, are amended as follows.
In section 95 (appointment of traffic wardens), omit subsection (1).
In subsection (2) of that section, for “any such functions as are mentioned in subsection (1) above” substitute “ , in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles ”.
In subsection (3) of that section, omit “under subsection (1) or”.
In subsection (4) of that section—
omit “(whether in England and Wales or in Scotland)”;
for “subsection (1)” substitute “ subsection (2) ”;
in paragraph (b)—
omit “or (in England and Wales) with the Secretary of State”;
omit “or, as the case may be, by the Secretary of State”.
Omit subsection (4A) of that section.
In section 96 (additional powers of traffic wardens), in subsection (2), omit paragraphs (a), (b) and (d).
In section 97 (supplementary provisions as to traffic wardens), in subsection (3), omit, in both places where it occurs, “the Common Council or”.
Schedule 13 makes further amendments consequential on the repeal made by subsection (1).
Police rank structure
After section 50 of the Police Act 1996 insert—
The Police Act 1996 is amended as follows.
Omit—
section 9H (other members of the metropolitan police force);
section 13 (other members of police forces).
Section 50 (regulations for police forces) is amended as follows.
Omit subsection (2)(a).
In subsection (2ZA), after “under”, in the second place it occurs, insert “ section 50A (regulations as to police ranks) or under ”.
In each of subsections (2ZB) and (2ZC), for “subsection (2)(a), (b), (c) or (g)” substitute “ subsection (2)(b), (c) or (g) ”.
In section 59 of the Police Act 1996 (Police Federations), after subsection (1) insert—
The Police Federation for England and Wales is to be treated for the purposes of—as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).
the Freedom of Information Act 2000,
the data protection legislation, and
section 18 of the Inquiries Act 2005,
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Schedule 14 removes references in legislation to the Association of Chief Police Officers and replaces most of them with references to the National Police Chiefs' Council.
Police powers
Release without bail or on bail
Section 30A of the Police and Criminal Evidence Act 1984 (release of a person arrested elsewhere than at police station) is amended as follows.
In the heading for “Bail” substitute “ Release of a person arrested ”.
In subsection (1)—
omit “on bail”, and
at the end insert
After subsection (1) insert—
In subsection (2) omit “on bail”.
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 18(5)(a) (circumstances in which a search after arrest may be conducted) omit “on bail”.
In section 30 (arrest elsewhere than at police station)—
in subsection (1B) for “on bail” substitute “ of a person arrested elsewhere than at police station ”,
in subsection (7A) omit the words from “or releasing” to the end, and
in subsections (10) and (11) for “on bail” substitute “ under section 30A ”.
Section 30B (section 30A: notices) is amended as follows.
In the heading omit “Bail under”.
In subsection (1) for “grants bail to” substitute “ releases ”.
In subsection (2)—
omit the “and” before paragraph (b), and
after paragraph (b) insert.
In subsection (3) for “The notice” substitute “ A notice given to a person who is released on bail ”.
In section 30C (section 30A: supplemental)—
in the heading omit “Bail under”, and
in subsection (4) omit “on bail”.
Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention) is amended as follows.
In subsection (5) for the words from “without” to the end substitute
After subsection (5) insert—
Section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) is amended as follows.
In subsection (2) for the words from “either” to the end substitute.
In subsection (3) for “so believing” substitute “ believing that the person's detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person ”.
In subsection (7) for paragraphs (b) and (c) substitute—.
In subsection (8A)(b) for “(b)” substitute “ (c) ”.
Section 37CA of the Police and Criminal Evidence Act 1984 (release following arrest for breach of bail) is amended as follows.
In the heading and subsection (1) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.
In subsection (2)(b) for the words from “, either” to the end substitute
In subsection (4) at the end insert “ (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly) ”.
In section 37D(4A) of the Police and Criminal Evidence Act 1984 (power to keep a person in police detention) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.
In section 41(7) of the Police and Criminal Evidence Act 1984 (limits on period of detention without charge) for the words from “either” to the end substitute
Section 42 of the Police and Criminal Evidence Act 1984 (authorisation of continued detention) is amended as follows.
In subsection (10)—
omit “, either on bail or without bail”, and
for the words from “, unless” to the end substitute.
After subsection (10) insert—
Section 43 of the Police and Criminal Evidence Act 1984 (warrants of further detention) is amended as follows.
In subsection (15) for the words from “, either” to the end substitute
In subsection (18) for the words from “be released” to the end substitute
In section 44(7) of the Police and Criminal Evidence Act 1984 (extension of warrants of further detention) for the words from “, either” to the end substitute
After section 50 of the Police and Criminal Evidence Act 1984 insert—
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 61(5A) (fingerprinting of person arrested for a recordable offence) —
in paragraph (a) omit “in the case of a person who is on bail,”, and
in paragraph (b) omit “in any case,”.
In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—
in paragraph (a) omit “in the case of a person who is on bail,”, and
in paragraph (b) omit “in any case,”.
Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.
In subsection (2) for paragraphs (b) and (c) substitute—
In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “ subsection (2)(c) ”.
After subsection (8) insert—
Conditions of bail
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 46A(1A) (power of arrest for failure to answer police bail) for “section 37, 37C(2)(b) or 37CA(2)(b) above” substitute “ this Part ”.
Section 47 (bail after arrest) is amended as follows.
In subsection (1A) for the words from “section 37” to “cases” substitute “ this Part (except sections 37C(2)(b) and 37CA(2)(b)) ”.
In subsections (1B) and (1C) omit “37,”.
Time limits on period of bail
The Police and Criminal Evidence Act 1984 is amended as follows.
Section 30B (section 30A: notices) is amended as follows.
For subsection (4) substitute—
Omit subsection (4A)(c) and the “and” before it.
Omit subsection (5).
In subsection (6) for the words from “(5)” to the end substitute “ to attend at a different time or an additional time ”.
After subsection (6) insert—
After subsection (7) insert—
In section 30CA (bail under section 30A: variation of conditions by police) omit subsection (1)(b) and the “or” before it.
In section 30D(3) (meaning of “specified” in section 30D(1)) omit “or (5)”.
After section 47 of the Police and Criminal Evidence Act 1984 insert—
The Police and Criminal Evidence Act 1984 is amended as follows.
Section 37D (release on bail under section 37) is amended as follows.
Omit subsections (1) to (3).
In subsections (4) to (5) for “subsection (1) above” substitute “ section 47(4A) ”.
Section 47 (bail after arrest) is amended as follows.
In subsection (3)(c) at the end insert “ (subject to section 47ZA) ”.
After subsection (4) insert—
In the Criminal Justice Act 2003—
in section 24A(5)(b) (purposes for which person may be kept in police detention) for “section 37D(1)” substitute “ section 47(4A) ”, and
in section 24B(5) (application of provisions of the Police and Criminal Evidence Act 1984)—
omit paragraph (a), and
in paragraph (c) at the end insert “ except subsections (4D) and (4E) ”.
Re-arrest of person released under provisions of PACE
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 30C(4) (re-arrest without warrant of person released under section 30A) for the words from “new” to the end substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person's release ”.
In section 41(9) (re-arrest without warrant of person released under section 41(7)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.
In section 42(11) (re-arrest without warrant of person released under section 42(10)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.
In section 43(19) (re-arrest without warrant of person released under section 43(18)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.
In section 47(2) (re-arrest without warrant of person released on bail subject to a duty to attend at a police station) for the words from “new” to the end substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person's release ”.
Notification of decision not to prosecute
The Police and Criminal Evidence Act 1984 is amended as follows.
Section 37 (duties of custody officer before charge) is amended as follows.
After subsection (6) insert—
After subsection (8) insert—
Section 37B (consultation with Director of Public Prosecutions) is amended as follows.
After subsection (5) insert—
Omit subsection (9).
In section 37CA (release following arrest for breach of bail) after subsection (4) insert—
In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—
in paragraph (d) for “(5)” substitute “ (5E) ”, and
in paragraph (f) for “(6)” substitute “ (6C) ”.
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 41 (limits on period of detention without charge) after subsection (9) insert—
In section 42 (authorisation of continued detention) after subsection (11) insert—
In section 43 (warrants of further detention) after subsection (19) insert—
In section 44 (extension of warrants of further detention) after subsection (8) insert—
Breach of pre-charge bail conditions relating to travel
This section applies where—
the person is released without charge and on bail under Part 4 of the 1984 Act or (as the case may be) Part 5 of the 1989 Order, and
the release on bail is subject to a travel restriction condition.
Each of the following is a travel restriction condition—
a condition that the person must not leave the United Kingdom,
a condition that the person must not enter any port, or one or more particular ports, in the United Kingdom,
a condition that the person must not go to a place in Northern Ireland that is within one mile of the border between Northern Ireland and the Republic of Ireland,
a condition that the person must surrender all of his or her travel documents or all of his or her travel documents that are of a particular kind,
a condition that the person must not have any travel documents, or travel documents of a particular kind, in his or her possession (whether the documents relate to that person or to another person),
a condition that the person must not obtain, or seek to obtain, any travel documents (whether relating to that person or to another person) or travel documents of a particular kind.
The person commits an offence if—
the person's release on bail is subject to the travel restriction condition mentioned in subsection (2)(a) and he or she fails to comply with the condition, or
the person's release on bail is subject to a travel restriction condition mentioned in subsection (2)(b) to (f) and he or she fails, without reasonable excuse, to comply with the condition.
A person guilty of an offence under subsection (3) is liable—
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court (or, in relation to offences committed before 2 May 2022, 6 months) or to a fine, or to both;
in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.
Where an offence under this section is committed by a person released without charge and on bail under Part 4 of the Police and Criminal Evidence Act 1984, the offence is to be treated as having been committed in England and Wales (whether or not the conduct constituting the offence took place there).
Where an offence under this section is committed by a person released without charge and on bail under Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), the offence is to be treated as having been committed in Northern Ireland (whether or not the conduct constituting the offence took place there).
Section 69 defines words used in subsection (2).
This section defines words used in section 68(2).
“Travel document” means anything that is or appears to be—
a passport, or
a ticket or other document that permits a person to make a journey by any means from a place within the United Kingdom to a place outside the United Kingdom.
“Passport” means—
a United Kingdom passport (within the meaning of the Immigration Act 1971),
a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or
a document that can be used (in some or all circumstances) instead of a passport.
“Port” means—
an airport,
a sea port,
a hoverport,
a heliport,
a railway station where passenger trains depart for places outside the United Kingdom, or
any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with leaving the United Kingdom.
Part 5 of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police) is amended as follows.
In section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence), after subsection (2) insert—
In that section, after subsection (11) insert—
In section 63H (retention of section 63D material: persons arrested for or charged with a minor offence), after subsection (2) insert—
In that section, in subsection (3), after “section 63F(11)” insert “ (read with section 63F(12)) ”.
After section 63I insert—
In the heading of section 63J, at the end insert “ : other cases ”.
In section 63K (retention of section 63D material: exception for persons under 18 convicted of minor offence), after subsection (1) insert—
In that section, after subsection (5) insert—
After section 63K insert—
In section 63N (retention of section 63D material given voluntarily), after subsection (4) insert—
Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
In paragraph 20B (retention of paragraph 20A material: persons detained under section 41), after sub-paragraph (2) insert—
In paragraph 20C (retention of paragraph 20A material: persons detained under Schedule 7), after sub-paragraph (2) insert—
In paragraph 20D (interpretation), after sub-paragraph (5) insert—
In section 17 of the Police and Criminal Evidence Act 1984 (entry for the purpose of arrest) after subsection (1)(caa) insert—.
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 30A (bail elsewhere than at police station), in subsection (3B)(d), for “under the age of 17” substitute “ under the age of 18 ”.
In section 63B (testing for presence of class A drugs)—
in subsection (5A), for “has not attained the age of 17” substitute “ has not attained the age of 18 ”;
in subsection (10), in the definition of “appropriate adult”, for “has not attained the age of 17” substitute “ has not attained the age of 18 ”.
In section 65 (which makes provision to supplement the provisions of Part 5 on the questioning and treatment of persons by the police), in subsection (1), in the definition of “appropriate consent”, in paragraph (a), for “has attained the age of 17 years” substitute “ has attained the age of 18 years ”.
The Police and Criminal Evidence Act 1984 is amended as follows.
After section 45 insert—
In section 45A—
for the heading substitute “ Use of live links for other decisions about detention ”;
in subsection (1)(b), for the words from “video-conferencing facilities” to the end substitute “ a live link ”;
in subsection (3), for “the facilities mentioned in subsection (1) above” substitute “ a live link ”;
in subsection (7), in each of paragraphs (a)(i) and (b), for “the video-conferencing facilities” substitute “ the live link ”;
for subsection (10) substitute—
In consequence of the amendments made by subsection (4), in section 40A—
in subsection (2)(a), for “video-conferencing facilities” substitute “ a live link ”;
in subsection (5), for “video-conferencing facilities” substitute “ live link ”.
Section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) is amended as follows.
In subsection (2)(a), for “a police officer investigating an offence for which that person is in police detention” substitute “ another police officer at the police station where the person is in police detention, for the purpose of an interview that is part of the investigation of an offence for which the person is in police detention or otherwise in connection with the investigation of such an offence ”.
After subsection (3) insert—
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 60 (which currently makes provision about the tape-recording of interviews)—
in subsection (1), in each of paragraphs (a) and (b), for “tape-recording” substitute “ audio recording ”;
in the heading of the section, for “Tape-recording” substitute “ Audio recording ”.
In section 113 (application of Act to armed forces), in subsection (4)(a), for “tape-recording” substitute “ audio recording ”.
After section 60A of the Police and Criminal Evidence Act 1984 insert—
In section 67 of the Police and Criminal Evidence Act 1984 (codes of practice: supplementary), after subsection (4) insert—
In section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs), in subsection (10), in paragraph (c), in the definition of “appropriate adult”, for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.
In section 66ZA of the Crime and Disorder Act 1998 (youth cautions), in subsection (7) (which defines “appropriate adult”), in paragraph (d), for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Mental Health Act 1983 is amended as follows.
In section 135 (warrant to search for and remove patients), after subsection (1) insert—
In subsection (3) of that section—
for “under this section” substitute “ under subsection (1) ”;
before “may” insert “ , or kept at the premises specified in the warrant under subsection (1A), ”.
In section 136 (mentally disordered persons found in public places), for subsection (1) substitute—
After subsection (1B) of that section (inserted by subsection (4) above) insert—
In subsection (2) of that section, for “removed to” substitute “ removed to, or kept at, ”.
For the heading of that section substitute “ Removal etc of mentally disordered persons without a warrant ”.
The Mental Health Act 1983 is amended as follows.
In section 135 (warrant to search for and remove patients), in subsection (6), omit the words “the occupier of which is willing temporarily to receive the patient”.
After subsection (6) of that section insert—
After subsection (7) of that section (inserted by subsection (3) above) insert—
In section 136, after subsection (4) insert—
After section 136 insert—
The Mental Health Act 1983 is amended as follows.
In section 135 (warrant to search for and remove patients)—
in subsection (3), for “72 hours” substitute “ the permitted period of detention ”;
after subsection (3) insert—;
in subsection (3A), for “the period of 72 hours” substitute “ the permitted period of detention ”;
in subsection (3B), for “the period of 72 hours” substitute “ the permitted period of detention ”.
In section 136 (mentally disordered persons found in public places)—
in subsection (2), for “72 hours” substitute “ the permitted period of detention ”;
after subsection (2) insert—;
in subsection (3), for “the period of 72 hours” substitute “ the permitted period of detention ”;
in subsection (4), for “the period of 72 hours” substitute “ the permitted period of detention ”.
After section 136A (inserted by section 81) insert—
In section 138 (retaking of patients escaping from custody), in subsection (3), for the words from “after the expiration of the period” to the end of the subsection substitute “—
in a case where the person escapes while being removed to a place of safety in the execution of a warrant under section 135(1) or under section 136(1), after the end of the period of 24 hours beginning with the escape;
in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped).”
After section 136B of the Mental Health Act 1983 (inserted by section 82) insert—
Application of maritime enforcement powers: general
A law enforcement officer may, for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales, exercise any of the maritime enforcement powers in relation to—
a United Kingdom ship in England and Wales waters, foreign waters or international waters,
a ship without nationality in England and Wales waters or international waters,
a foreign ship in England and Wales waters or international waters, or
a ship, registered under the law of a relevant territory, in England and Wales waters or international waters.
In this Chapter, “the maritime enforcement powers” are the powers set out in—
section 88 (power to stop, board, divert and detain);
section 89 (power to search and obtain information);
section 90 (power of arrest and seizure).
The following persons are “law enforcement officers” for the purpose of this Chapter—
a constable who is a member of a police force in England and Wales,
a special constable appointed under section 27 of the Police Act 1996,
a constable who is a member of the British Transport Police Force,
a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964,
a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or
a person of a description specified in regulations made by the Secretary of State.
Regulations under subsection (3)(g) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (3)(g) is subject to annulment in pursuance of a resolution of either House of Parliament.
This section is subject to section 85 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 84(1), in relation to a United Kingdom ship in foreign waters.
The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 84(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales or in international waters.
The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales,
the home state has authorised the United Kingdom to act for that purpose, or
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
Ships in Scotland waters: hot pursuit
A law enforcement officer may, for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales, exercise any of the maritime enforcement powers in relation to a ship in Scotland waters if—
the ship is pursued there,
immediately before the pursuit of the ship, the ship was in England and Wales waters or international waters,
before the pursuit of the ship, a signal was given for it to stop,
the signal was given in such a way as to be audible or visible from the ship, and
the pursuit of the ship is not interrupted.
For the purposes of subsection (1)(e), pursuit is not interrupted by reason only of the fact that—changes during the course of the pursuit.
the method of carrying out the pursuit, or
the identity of the ship or aircraft carrying out the pursuit,
This section is subject to section 87 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland).
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 86, in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland.
The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales,
the home state has authorised the United Kingdom to act for that purpose, or
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
The maritime enforcement powers
This section applies if a law enforcement officer has reasonable grounds to suspect that—
a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.
The law enforcement officer may—
stop the ship;
board the ship;
require the ship to be taken to a port in England and Wales or elsewhere and detained there.
Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.
The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.
a port in the home state or relevant territory in question, or
if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.
The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).
A law enforcement officer must give notice in writing to the master of any ship detained under this section.
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.
This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of England and Wales (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86.
The law enforcement officer may search—
the ship;
anyone found on the ship;
anything found on the ship (including cargo).
The law enforcement officer may require a person found on the ship to give information about himself or herself or about anything found on the ship.
The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).
The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—
open any containers;
require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;
make photographs or copies of anything the production of which the law enforcement officer has power to require.
The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.
The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.
The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.
Supplementary provision
This section applies where a power conferred by section 88 is exercised in relation to a ship.
A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
cause physical injury,
cause damage to property, or
endanger the safety of any ship.
The power under subsection (2) may be exercised on board the ship or elsewhere.
A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.
Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.
The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.
A law enforcement officer may—to assist the officer in the exercise of powers under this Chapter.
be accompanied by other persons, and
take equipment or materials,
A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.
A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.
A law enforcement officer must produce evidence of the officer's authority if asked to do so.
A law enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Chapter if the court is satisfied that—
the act was done in good faith, and
there were reasonable grounds for doing it.
The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.
A person commits an offence if the person—
intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or
fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.
A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—
the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
the person intentionally fails to disclose any material particular.
A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.
A person guilty of an offence under this section is liable on summary conviction to a fine.
The Secretary of State must prepare and issue a code of practice in respect of the practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90.
The code must, in particular, provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
A failure of a law enforcement officer to comply with any provision of the code does not of itself render the law enforcement officer liable to any criminal or civil proceedings.
The code—
is admissible in evidence in criminal and civil proceedings, and
may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
The Secretary of State may at any time revise the whole or any part of the code.
The code, or any revision of the code, does not come into operation until the Secretary of State so provides by regulations.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations under this section that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in subsection (8)).
Where a statutory instrument, or draft of a statutory instrument, is laid under this section, the code or revision of the code to which it relates must also be laid.
In this Chapter—“designated NCA officer” means a National Crime Agency officer who is either or both of the following—an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable; an officer designated under that section as having the powers of a general customs official;“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;“foreign ship” means a ship which—is registered in a State other than the United Kingdom, or is not so registered but is entitled to fly the flag of a State other than the United Kingdom;“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;“home state”, in relation to a foreign ship, means—the State in which the ship is registered, or the State whose flag the ship is otherwise entitled to fly;“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);“law enforcement officer” has the meaning given by section 84(3);“maritime enforcement powers” has the meaning given by section 84(2);“relevant territory” means—the Isle of Man; any of the Channel Islands; a British overseas territory;“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;“ship” includes every description of vessel (including a hovercraft) used in navigation;“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995, is a Government ship within the meaning of that Act, is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
a British citizen, a British overseas territories citizen or a British Overseas citizen,
an individual who is habitually resident in the United Kingdom, or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
Application of maritime enforcement powers: general
A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to—
a United Kingdom ship in Scotland waters, foreign waters or international waters,
a ship without nationality in Scotland waters or international waters,
a foreign ship in Scotland waters or international waters, or
a ship, registered under the law of a relevant territory, in Scotland waters or international waters.
In this Chapter, “the maritime enforcement powers” are the powers set out in—
section 100 (power to stop, board, divert and detain);
section 101 (power to search and obtain information);
section 102 (power of arrest and seizure).
The following persons are “law enforcement officers” for the purpose of this Chapter—
a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8),
a constable who is a member of the British Transport Police Force,
a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or
a person of a description specified in regulations made by the Secretary of State.
Regulations under subsection (3)(e) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Scottish Ministers.
For the purpose of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations and it would be within the legislative competence of the Scottish Parliament to confer those functions on persons of that description in an Act of the Scottish Parliament.
This section is subject to section 97 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a United Kingdom ship in foreign waters.
The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland or in international waters.
The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,
the home state has authorised the United Kingdom to act for that purpose, or
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
Ships in England and Wales waters: hot pursuit
A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to a ship in England and Wales waters if—
the ship is pursued there,
immediately before the pursuit of the ship, the ship was in Scotland waters or international waters,
before the pursuit of the ship, a signal was given for it to stop,
the signal was given in such a way as to be audible or visible from the ship, and
the pursuit of the ship is not interrupted.
For the purposes of subsection (1)(e), pursuit is not interrupted by reason only of the fact that—changes during the course of the pursuit.
the method of carrying out the pursuit, or
the identity of the ship or aircraft carrying out the pursuit,
This section is subject to section 99 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales).
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 98 in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales.
The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,
the home state has authorised the United Kingdom to act for that purpose, or
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
The maritime enforcement powers
This section applies if a law enforcement officer has reasonable grounds to suspect that—
a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.
The law enforcement officer may—
stop the ship;
board the ship;
require the ship to be taken to a port in Scotland or elsewhere and detained there.
Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.
The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.
a port in the home state or relevant territory in question, or
if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.
The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).
A law enforcement officer must give notice in writing to the master of any ship detained under this section.
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.
This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Scotland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.
The law enforcement officer may search—
the ship;
anyone found on the ship;
anything found on the ship (including cargo).
The law enforcement officer may require a person found on the ship to give information about himself or herself.
The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).
The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—
open any containers;
require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;
make photographs or copies of anything the production of which the law enforcement officer has power to require.
The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.
The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.
The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.
Supplementary provision
This section applies where a power conferred by section 100 is exercised in relation to a ship.
A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
cause physical injury,
cause damage to property, or
endanger the safety of any ship.
The power under subsection (2) may be exercised on board the ship or elsewhere.
A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.
Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.
The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.
A law enforcement officer may—to assist the officer in the exercise of powers under this Chapter.
be accompanied by other persons, and
take equipment or materials,
A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.
A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.
A law enforcement officer must produce evidence of the officer's authority if asked to do so.
The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.
A person commits an offence if the person—
intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or
fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.
A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—
the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
the person intentionally fails to disclose any material particular.
A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this Chapter—“designated NCA officer” means a National Crime Agency officer who is either or both of the following—an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Scottish constable (see paragraph 11(3) to (5) of Schedule 5 to that Act); an officer designated under that section as having the powers of a general customs official;“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;“foreign ship” means a ship which—is registered in a State other than the United Kingdom, or is not so registered but is entitled to fly the flag of a State other than the United Kingdom;“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;“home state”, in relation to a foreign ship, means—the State in which the ship is registered, or the State whose flag the ship is otherwise entitled to fly;“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);“law enforcement officer” has the meaning given by section 96(3);“maritime enforcement powers” has the meaning given by section 96(2);“relevant territory” means—the Isle of Man; any of the Channel Islands; a British overseas territory;“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;“ship” includes every description of vessel (including a hovercraft) used in navigation;“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995, is a Government ship within the meaning of that Act, is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
a British citizen, a British overseas territories citizen or a British Overseas citizen,
an individual who is habitually resident in the United Kingdom, or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
Application of maritime enforcement powers: general
A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Northern Ireland, exercise any of the maritime enforcement powers in relation to—
a United Kingdom ship in Northern Ireland waters,
a ship without nationality in Northern Ireland waters,
a foreign ship in Northern Ireland waters, or
a ship, registered under the law of a relevant territory, in Northern Ireland waters.
In this Chapter, “the maritime enforcement powers” are the powers set out in—
section 109 (power to stop, board, divert and detain);
section 110 (power to search and obtain information);
section 111 (power of arrest and seizure).
The following persons are “law enforcement officers” for the purpose of this Chapter—
a constable who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847,
a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or
a person of a description specified in regulations made by the Secretary of State.
Regulations under subsection (3)(e) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Department of Justice in Northern Ireland.
For the purposes of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that—
the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations,
it would be within the legislative competence of the Northern Ireland Assembly to confer those functions on persons of that description in an Act of the Northern Ireland Assembly, and
the consent of the Secretary of State would not be required under section 8 of the Northern Ireland Act 1998 in relation to a Bill conferring such functions.
This section is subject to section 108 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 107(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Northern Ireland.
The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Northern Ireland,
the home state has authorised the United Kingdom to act for that purpose, or
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
The maritime enforcement powers
This section applies if a law enforcement officer has reasonable grounds to suspect that—
an offence under the law of Northern Ireland is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107, or
a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.
The law enforcement officer may—
stop the ship;
board the ship;
require the ship to be taken to a port in Northern Ireland.
The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).
A law enforcement officer must give notice in writing to the master of any ship detained under this section.
The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.
This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Northern Ireland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107.
The law enforcement officer may search—
the ship;
anyone found on the ship;
anything found on the ship (including cargo).
The law enforcement officer may require a person found on the ship to give information about himself or herself.
The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).
The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—
open any containers;
require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;
make photographs or copies of anything the production of which the law enforcement officer has power to require.
The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.
This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of Northern Ireland has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107.
The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.
The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.
Supplementary provision
This section applies where a power conferred by section 109 is exercised in relation to a ship.
A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
cause physical injury,
cause damage to property, or
endanger the safety of any ship.
The power under subsection (2) may be exercised on board the ship or elsewhere.
A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.
Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.
The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.
A law enforcement officer may—to assist the officer in the exercise of powers under this Chapter.
be accompanied by other persons, and
take equipment or materials,
A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.
A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.
A law enforcement officer must produce evidence of the officer's authority if asked to do so.
The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.
A person commits an offence if the person—
intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or
fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.
A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—
the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
the person intentionally fails to disclose any material particular.
A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this Chapter—“designated NCA officer” means a National Crime Agency officer who is either or both of the following—an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Northern Ireland constable (see paragraph 11(6) of Schedule 5 to that Act); an officer designated under that section as having the powers of a general customs official;“foreign ship” means a ship which—is registered in a State other than the United Kingdom, or is not so registered but is entitled to fly the flag of a State other than the United Kingdom;“home state”, in relation to a foreign ship, means—the State in which the ship is registered, or the State whose flag the ship is otherwise entitled to fly;“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see article 12 of that Order);“law enforcement officer” has the meaning given by section 107(3);“maritime enforcement powers” has the meaning given by section 107(2);“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;“relevant territory” means—the Isle of Man; any of the Channel Islands; a British overseas territory;“ship” includes every description of vessel (including a hovercraft) used in navigation;“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995, is a Government ship within the meaning of that Act, is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
a British citizen, a British overseas territories citizen or a British Overseas citizen,
an individual who is habitually resident in the United Kingdom, or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137 insert—
After Schedule 7A to that Act (as inserted by subsection (2) above) insert, as Schedule 7B to that Act, the Schedule set out in Schedule 16 to this Act.
In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137D (as inserted by section 116) insert—
In section 87 of the Finance Act 2007 (cross-border exercise of powers: officers of Revenue and Customs), in subsection (4) for “only in the exercise of a function relating to tax (including duties and tax credits)” substitute “ in the exercise of any function of the Commissioners for Her Majesty's Revenue and Customs or of officers of Revenue and Customs, within the meaning of the Commissioners for Revenue and Customs Act 2005 (see section 51(2) to (2B) of that Act) ”.
Schedule 17—
makes minor amendments of Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), and
makes amendments consequential on the other amendments of that Part made by this Chapter.
In section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises), for subsection (6) substitute—
Police and crime commissioners and police areas
Deputy PCCs etc: terms and eligibility
Schedule 1 to the Police Reform and Social Responsibility Act 2011 (police and crime commissioners) is amended in accordance with subsections (2) and (3).
In paragraph 8 (the deputy police and crime commissioner), for sub-paragraph (3) substitute—
In that paragraph, omit sub-paragraph (5).
The amendments made by this section apply in relation to the terms and conditions of a person appointed as a deputy police and crime commissioner before this section comes into force (as well as to the terms and conditions of a person appointed after it comes into force).
But the amendments do not apply in relation to the terms and conditions of a person appointed as a deputy police and crime commissioner before this section comes into force if, at the time when it comes into force, an election held under section 51 of the 2011 Act to fill a vacancy in the office of police and crime commissioner for the police area in question is in progress.
For the purpose of subsection (5), an election held under section 51 of the 2011 Act is in progress during the period—
beginning with the time when the vacancy in the office of police and crime commissioner occurred, and
ending immediately after the person elected to fill the vacancy has made and delivered a declaration of acceptance under section 70(1) of that Act.
In section 65 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: police grounds), after subsection (1) insert—
Section 65(1A)(b) of the 2011 Act (as inserted by subsection (1) above) does not apply in relation to an election held under section 51 of that Act to fill a vacancy in the office of police and crime commissioner if the election is in progress at the time this section comes into force.
For the purpose of subsection (2), an election held under section 51 of the 2011 Act is in progress during the period—
beginning with the time when the vacancy in the office of police and crime commissioner occurred, and
ending immediately after the person elected to fill the vacancy has made and delivered a declaration of acceptance under section 70(1) of that Act.
Section 1 of the Local Government and Housing Act 1989 (disqualification and political restriction of certain local authority officers and staff) is amended as follows.
In subsection (9) (references to a person holding a politically restricted post under a local authority include every member of the staff of an elected local policing body) omit “, except for a deputy police and crime commissioner”.
After that subsection insert—
Names of police areas
After section 31 of the Police Act 1996 insert—
In consequence of the amendment made by subsection (1), in section 1(2)(a) of that Act (police areas), in the words in brackets, for “any amendment made to that Schedule by an order” substitute “ any amendment made to the first column of that Schedule by regulations under section 31A or any amendment made to the second column, or to the first and second columns, by an order ”.
Firearms and pyrotechnic articles
Firearms
The Firearms Act 1968 is amended as follows.
In section 57 (interpretation), in subsection (1), for the words from the beginning to the end of paragraph (c) substitute—.
In that section, before subsection (2) insert—
In that section, after subsection (1C) (as inserted by subsection (3) above) insert—
After section 57 insert—
After section 57A (as inserted by subsection (5) above) insert—
Section 58 of the Firearms Act 1968 (particular savings) is amended in accordance with subsections (2) and (3).
After subsection (2) (which makes provision about antique firearms) insert—
In subsection (2)—
Subsections (5) to (7) apply where—
immediately before the coming into force of regulations under section 58(2B), (2C) or (2D) of the Firearms Act 1968 (as inserted by subsection (2) above), a person has in his or her possession a firearm that is an antique firearm for the purposes of section 58(2) of that Act, and
in consequence of the coming into force of the regulations, the firearm ceases to be an antique firearm for those purposes.
Section 5 of the Firearms Act 1968 does not apply in relation to the possession of the firearm by the person unless—
the person carries on a business as a firearms dealer, and
the firearm is in his or her possession for the purpose of the business.
The provision made by subsections (4) to (7) does not prevent additional transitional provision being made (under the power conferred by section 183(9)) in connection with the coming into force of this section (including provision for enabling certificates and authorisations under the Firearms Act 1968 to be issued or granted before this section comes fully into force).
After section 4 of the Firearms Act 1968 (conversion of weapons) insert—
After section 8 of the Firearms (Amendment) Act 1988 insert—
The Firearms Act 1968 is amended in accordance with subsections (2) and (3).
In section 5 (weapons subject to general prohibition), in subsection (1A), for paragraph (f) substitute—.
In section 5A (exemptions from requirement of authority under section 5), in subsection (8)(a), after “which”, in the first place it occurs, insert “ is designed to be used with a pistol and ”.
In consequence of the amendment made by subsection (2), omit section 9 of the Firearms (Amendment) Act 1997.
After section 11 of the Firearms Act 1968 insert—
In consequence of the amendment made by subsection (1), omit the following—
section 11(5) of the Firearms Act 1968;
section 16 of the Firearms (Amendment) Act 1988.
After section 28A of the Firearms Act 1968 (certificates: supplementary) insert—
In consequence of the amendment made by subsection (1), in section 28A of that Act (certificates: supplementary), after subsection (1) insert—
After section 32 of the Firearms Act 1968 (fee for certificate and exemption from paying it in certain cases) insert—
Before section 16 of the Firearms (Amendment) Act 1988 insert—
In the Schedule to the Firearms (Amendment) Act 1988 (firearms and ammunition in museums), omit paragraph 3.
In that Schedule, before paragraph 4 insert—
In consequence of the amendment made by subsection (2), omit section 15(6) of the Firearms (Amendment) Act 1988.
The Firearms Act 1968 is amended as follows.
After section 55 insert—
In section 44 (appeals against police decisions), after subsection (3) insert—
Pyrotechnic articles
It is an offence for a person to have a pyrotechnic article in his or her possession at any time when the person is—
at a place where a qualifying musical event is being held, or
at any other place that is being used by a person responsible for the organisation of a qualifying musical event for the purpose of—
regulating entry to, or departure from, the event, or
providing sleeping or other facilities for those attending the event.
Subsection (1) does not apply—
to a person who is responsible for the organisation of the event, or
to a person who has the article in his or her possession with the consent of a person responsible for the organisation of the event.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks (or, in relation to offences committed before section 281(5) of the Criminal Justice Act 2003 comes into force, 3 months), or to a fine not exceeding level 3 on the standard scale, or to both.
In this section, “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—
a match, or
an article specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.
In this section, “qualifying musical event” means an event at which one or more live musical performances take place and which is specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Alcohol and late night refreshment
Licensing
In the Licensing Act 2003, in section 191(1) (meaning of “alcohol”) after “liquor” insert “ (in any state) ”.
In the Licensing Act 2003, section 53B (interim steps pending review) is amended as follows.
In subsection (6) at the beginning insert “ Subject to subsection (9A), ”.
After subsection (9) insert—
The Licensing Act 2003 is amended as follows.
Section 53C (review of premises licence following review notice) is amended as follows.
In subsection (2)—
at the end of paragraph (a) insert “ and ”,
in paragraph (b) omit “and”, and
omit paragraph (c).
After subsection (11) insert—
After section 53C insert—
Part 1 of Schedule 5 (appeals: premises licences) is amended as follows.
After paragraph 8A (summary review of premises licence) insert—
This section does not apply to an application made under section 53A of the Licensing Act 2003 (summary reviews on application of senior police officer) where a decision in relation to that application has been made under section 53C (review of premises licence following review notice) before the coming into force of this section.
The Licensing Act 2003 is amended as follows.
In section 10(4)(a) (functions that may not be delegated to an officer) after sub-paragraph (xii) insert—.
After section 132 (licence holder's duty to notify licensing authority of convictions) insert—
In paragraph 17 of Part 3 of Schedule 5 (appeals: personal licences) after sub-paragraph (5A) insert—
Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as follows.
In paragraph 18 (sexual offences), after paragraph (a) insert—.
After paragraph 19 (violent offences) insert—
After paragraph 22 (fraud offences) insert—
After paragraph 23A (offences under the Psychoactive Substances Act 2016) insert—
In the Licensing Act 2003, in section 182 (guidance) omit subsections (2) and (4) to (6).
The Licensing Act 2003 is amended as follows.
In section 5 (statement of licensing policy), after subsection (6C) insert—
After section 5 insert—
Late night levy
Section 125 of the Police Reform and Social Responsibility Act 2011 (late night levy requirement) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3)(a), after “supply of alcohol” insert “ or late night refreshment ”.
Omit subsection (4).
Schedule 18 makes further amendments of Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (late night levy).
Financial sanctions
Interpretation
This section sets out definitions that apply for the purposes of this Part.
“EU financial sanctions Regulation” means an EU Regulation adopted under Article 215 of the Treaty on the Functioning of the European Union to the extent that the Regulation—
imposes prohibitions or obligations for one or more of the following purposes—
freezing funds or economic resources;
preventing funds or economic resources being made available;
prohibiting or restricting access to financial markets or financial services;
makes provision to supplement prohibitions or obligations of the kind mentioned in paragraph (a).
“UN financial sanctions Resolution” means a resolution adopted by the Security Council of the United Nations to the extent that the resolution provides under article 41 of the Charter of the United Nations for States to take measures that—
impose prohibitions or obligations for one or more of the following purposes—
freezing funds or economic resources;
preventing funds or economic resources being made available;
prohibiting or restricting access to financial markets or financial services;
make provision to supplement prohibitions or obligations of the kind mentioned in paragraph (a).
“Financial sanctions legislation” means—
an EU financial sanctions Regulation;
an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation;
a provision of an Act or of subordinate legislation (within the meaning of the Interpretation Act 1978) where the purpose of the provision is to implement a UN financial sanctions Resolution;
a freezing order under section 4 of the Anti-terrorism, Crime and Security Act 2001;
a direction under Schedule 7 to the Counter-Terrorism Act 2008 to the extent that it contains a requirement of a kind mentioned in paragraph 13 of that Schedule (limiting or ceasing business), paragraph 17 of that Schedule and Part 5 of that Schedule so far as it relates to the enforcement of a requirement of a kind mentioned in paragraph 13 of that Schedule.
a provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that—
makes supplemental provision (within the meaning of section 1(6) of that Act) in connection with any prohibition or requirement mentioned in sub-paragraph (i).
But “financial sanctions legislation” does not include any provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 which is specified in the regulations as a provision to be regarded as not being financial sanctions legislation for the purposes of this Part.
The reference in subsection (2) to Article 215 of the Treaty on the Functioning of the European Union includes a reference to any of Articles 60, 301 and 308 of the Treaty establishing the European Community (as it had effect before 1 December 2009).
Enhanced maximum penalties
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Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders) is amended in accordance with subsections (2) and (3).
In paragraph 7 (offences), for sub-paragraph (6)(a) and (b) substitute—
In that paragraph, in sub-paragraph (7), for the words from “on summary conviction” to the end of the sub-paragraph substitute
Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money laundering) is amended in accordance with subsections (5) to (9).
In paragraph 30 (offence of failure to comply with requirement imposed by direction), after sub-paragraph (4) insert—
In sub-paragraph (5) of that paragraph, at the beginning insert “ In any other case, ”.
In paragraph 30A (offence of relevant person circumventing requirements), after sub-paragraph (1) insert—
In sub-paragraph (2) of that paragraph, at the beginning insert “ In any other case, ”.
In paragraph 31 (offences in connection with licences), in sub-paragraph (2), for the words from “on conviction on indictment” to the end of the sub-paragraph substitute
The amendments made by this section do not affect the penalty for an offence if any act or other event proof of which is required for conviction of the offence takes place before this section comes into force.
Civil sanctions
The Treasury may impose a monetary penalty on a person if it is satisfied, on the balance of probabilities, that—
the person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation, ...
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In determining for the purposes of subsection (1) whether a person has breached a prohibition, or failed to comply with an obligation, imposed by or under financial sanctions legislation, any requirement imposed by or under that legislation for the person to have known, suspected or believed any matter is to be ignored.
The amount of the penalty is to be such amount as the Treasury may determine but it may not exceed the permitted maximum.
In a case where the breach or failure relates to particular funds or economic resources and it is possible to estimate the value of the funds or economic resources, the permitted maximum is the greater of—
£1,000,000, and
50% of the estimated value of the funds or resources.
In any other case, the permitted maximum is £1,000,000.
In subsection (3), “funds” and “economic resources” have the same meanings as they have in the financial sanctions legislation that contains the prohibition or obligation in respect of which the monetary penalty is imposed.
The Treasury must keep the amount for the time being specified in subsection (3)(a) or (4) under review.
The Treasury may by regulations made by statutory instrument amend subsection (3)(a) or (4) so as to substitute another amount for the amount for the time being specified in it.
Regulations under subsection (7) may include transitional provision.
Before making regulations under subsection (7), the Treasury must consult such persons as it considers appropriate.
A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any monetary penalty payable under this section is recoverable by the Treasury as a civil debt.
Any monetary penalty received by the Treasury by virtue of this section must be paid into the Consolidated Fund.
This section does not authorise the imposition of a monetary penalty on the Crown.
Before imposing a monetary penalty on a person under section 146, the Treasury must inform the person of its intention to do so.
The Treasury must also—
explain the grounds for imposing the penalty,
specify the amount of the penalty,
explain that the person is entitled to make representations, and
specify the period within which any such representations must be made.
If (having considered any representations), the Treasury decides to impose the penalty, the Treasury must—
inform the person of its decision,
explain that the person is entitled to seek a review by a Minister of the Crown, and
specify the period within which the person must inform the Treasury that the person wishes to seek such a review.
If the person seeks a review, the Minister may—
uphold the decision to impose the penalty and its amount,
uphold the decision to impose the penalty but substitute a different amount, or
cancel the decision to impose the penalty.
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If on a review under subsection (4) the Minister decides to uphold the Treasury's decision to impose the penalty and its amount, or to uphold the Treasury's decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.
On an appeal under subsection (6), the Upper Tribunal may quash the Minister's decision and if it does so may—
quash the Treasury's decision to impose the penalty;
uphold that decision but substitute a different amount for the amount determined by the Treasury (or, in a case where the Minister substituted a different amount, by the Minister).
In this section, “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom.
If a monetary penalty is payable under section 146 by a body, the Treasury may also impose a monetary penalty on an officer of the body if it is satisfied, on the balance of probabilities, that the breach or failure in respect of which the monetary penalty is payable by the body—
took place with the consent or connivance of the officer, or
was attributable to any neglect on the part of the officer.
In subsection (1)—“body” means a body corporate, a partnership or an unincorporated body other than a partnership;“officer of a body” means—in relation to a body corporate, a director, manager, secretary or other similar officer of the body or a person purporting to act in any such capacity; in relation to a partnership, a partner or a person purporting to act as a partner; in relation to an unincorporated body other than a partnership, a person who is concerned in the management or control of the body or purports to act in the capacity of a person so concerned.
The Treasury must issue guidance as to—
how it will determine the amount of the penalty.
The Treasury may also publish reports at such intervals as it considers appropriate in cases where—
the Treasury is satisfied, on the balance of probabilities, that a person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation.
Other provisions about enforcement
In Part 2 of Schedule 17 to the Crime and Courts Act 2013 (which lists the offences in relation to which a deferred prosecution agreement may be entered into), after paragraph 26 insert—
Schedule 1 to the Serious Crime Act 2007 (which lists the offences in respect of which serious crime prevention orders may be made) is amended as follows.
In Part 1 (England and Wales), after paragraph 13A insert—
In Part 1A (Scotland), after paragraph 16M —
In Part 2 (Northern Ireland), after paragraph 29 insert—
Avoidance of delay: temporary regulations
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Avoidance of delay: temporary listing
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Power to extend to Bailiwick of Guernsey etc
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Miscellaneous and general
Police collaboration
The Police Act 1996 is amended in accordance with subsections (2) to (4).
In section 22A (collaboration agreements)—
in subsection (1)(b), for “and two or more policing bodies” substitute;
in subsection (6), for “(1)” substitute “ (1)(a) ”.
In section 23F (collaboration agreements: guidance), after subsection (2) insert—
In section 23G (collaboration agreements: directions), after subsection (2) insert—
NCA powers
The Crime and Courts Act 2013 is amended as follows.
In section 9 (Director General: customs powers of Commissioners & operational powers)—
in subsection (2), after paragraph (b) insert—;
in subsection (8), in the definition of “operational power”, after paragraph (b) insert—.
In section 10 (operational powers of other NCA officers), in subsection (1) after paragraph (b) insert—.
In Schedule 5 (police, customs and immigration powers), after Part 5 (designation: powers of officers of Revenue and Customs) insert—
In paragraph 26 of that Schedule (modification of references), after paragraph (c) insert—.
In paragraph 27 of that Schedule (power to make further provision), in sub-paragraph (2), after paragraph (d)(ii) insert—.
In paragraph 28 of that Schedule (functions of third parties relating to constables etc: extension to NCA), in sub-paragraph (2), after paragraph (c) insert—.
Requirements to confirm nationality
In the UK Borders Act 2007, after section 43 (supply of police information) insert—
In the UK Borders Act 2007, after section 46 (seizure of nationality documents) insert—
Regulations under subsection (1) may make different provision for different purposes or different areas.
More than one set of regulations may be made under subsection (1).
In the Courts Act 2003, after section 86 (alteration of place fixed for Crown Court trial) insert—
Seizure etc of travel documents
Schedule 8 to the Anti-social Behaviour, Crime and Policing Act 2014 (Powers to seize invalid passports etc) is amended as follows.
For the italic heading before paragraph 3 substitute “ Powers of search and seizure etc: places other than ports ”.
In paragraph 3, for sub-paragraph (1) substitute—
In that paragraph, in sub-paragraph (2)—
for “This paragraph applies to a passport” substitute “A passport is “a cancelled UK passport”;
at the end of paragraph (a) insert “ and ”;
omit the “and” at the end of paragraph (b);
omit paragraph (c).
After sub-paragraph (2) insert—
In that paragraph—
in sub-paragraph (3)—
in paragraph (a), for “the constable” substitute “ the examining officer ”;
in paragraph (b), for “the constable” substitute “ the examining officer ”;
in paragraph (d), for “the constable believes” substitute “ the examining officer reasonably believes ”;
in sub-paragraph (4)—
in paragraph (c), for “the constable believes” substitute “ the examining officer reasonably believes ”;
in paragraph (d), for “the constable” substitute “ the examining officer ”;
in sub-paragraph (5)—
in the opening words, for “A constable” substitute “ An examining officer ”;
in sub-paragraph (b), for “the constable's behalf” substitute “ the examining officer's behalf ”.
After paragraph 3 insert—
In paragraph 4 (retention or return of documents seized)—
in sub-paragraph (1), for “2(2)(c) or 3(3)(c)” substitute “ 2(2)(c), 3(3)(c) or 3A(2)(c) ”;
after sub-paragraph (2) insert—;
after sub-paragraph (3) insert—;
in sub-paragraph (4), for “(2)(b) or (3)” substitute “ (2)(b), (2A), (3) or (3A) ”;
in that sub-paragraph, after “from whom he or she took the document” insert “ or (as the case may be) to whom it was issued ”;
in sub-paragraph (5), for “(2) or (3)” substitute “ (2), (2A), (3) or (3A) ”.
In paragraph 5 (offences), in sub-paragraph (2), for “a search under paragraph 2 or 3” substitute “ the exercise of a power of search under paragraph 2, 3 or 3A, or the exercise of a power of entry under paragraph 3A, ”.
In paragraph 6 (power of arrest), for “2” substitute “ 2 or 3 ”.
Pardons for certain abolished offences etc
Subsection (1) applies in relation to a person—
who was convicted of, or cautioned for, an offence in circumstances where the conduct constituting the offence was sexual activity between persons of the same sex, and
who died before the end of the period of twelve months beginning with—
the day on which section 194 of the Police, Crime, Sentencing and Courts Act 2022 comes into force, or
if later, the day on which the offence referred to in paragraph (a) became an abolished offence (see subsection (1A)).
The person is pardoned for the offence if—
any other person involved in the sexual activity was aged 16 or over, and
the offence has become an abolished offence.
An offence becomes an abolished offence at the point at which conditions A and B are first met.
Condition A is that the offence has been repealed or, in the case of an offence at common law, abolished by enactment (whether or not it was re-enacted or replaced).
Condition B is that the sexual activity referred to in subsection (A1)(a) would not, if occurring in the same circumstances, constitute an offence.
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in subsection (1), the definitions of “caution”, “conviction”, and “sentence” (and the related definition of “service disciplinary proceedings”);
subsections (2) and (5) to (7) (but as if the reference in subsections (6A) and (6C) to section 92 were a reference to this section).
The definition of “service disciplinary proceedings” in section 101(1) of the 2012 Act applies in accordance with subsection (7) with the modification that it also includes any proceedings (whether in England and Wales or elsewhere) under—
13 Chas. 2 c. 9 (1661) (An Act for the regulation and better government of the navy),
22 Geo. 2 c. 33 (1749) (An Act for amending and consolidating the laws relating to the navy), ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Naval Discipline Act 1860, the Naval Discipline Act 1861 or the Naval Discipline Act 1864 ,...
the Mutiny Act 1878, the Marine Mutiny Act 1878, any Act previously in force corresponding to either of those Acts or any relevant Articles of War, or
the Army Discipline and Regulation Act 1879.
Section 101(6D) of the 2012 Act is to be read, in its application to this section by virtue of subsection (7) of this section, as if the enactments listed in that subsection included—
Article 2 of Section 20 of the Articles of War of 1749 (offences triable by courts martial outside Great Britain),
section 38 of the Naval Discipline Act 1860,
section 38 of the Naval Discipline Act 1861,
section 41 of the Naval Discipline Act 1864,
Article 93 of Section 2 of the Articles of War of 1876 (offences not specified in Marine Mutiny Act or Articles of War),
section 41 of the Army Discipline and Regulation Act 1879, and
any provision corresponding to the provision mentioned in paragraphs(a) or(e), contained in other relevant Articles of War.
Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.
In this section—“the Articles of War of 1749” means the Rules and Articles for the better government of His Majesty’s horse and foot guards (etc.), made under 23 Geo. 2 c. 4 (1749)(an Act for punishing mutiny and desertion; and for the better payment of the army and their quarters);“the Articles of War of 1876” means the Rules and Articles (etc.) for the better government of Her Majesty’s royal marine forces, made under the Marine Mutiny Act 1876;“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);“relevant Articles of War” means Articles of War made under—the Mutiny Act 1878, the Marine Mutiny Act 1878, or any Act previously in force corresponding to either of those Acts.“sexual activity” includes—any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and conduct intended to lead to sexual activity.
Subsection (1) does not apply in relation to an offence for which the person has previously been pardoned under this section or section 165.
This section applies to a person who has been convicted of, or cautioned for, an offence in the circumstances mentioned in section 92(1) of the Protection of Freedoms Act 2012 and who is living at the time this section comes into force.
If, at the time this section comes into force, the person's conviction or caution has become a disregarded conviction or caution under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, the person is pardoned for the offence.
If, at any time after this section comes into force, the person's conviction or caution becomes a disregarded conviction or caution under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, the person is also pardoned for the offence at that time.
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affect any conviction, caution or sentence, or
give rise to any right, entitlement or liability.
After Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 (disregarding certain convictions for buggery etc) insert—
In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27) (interpretation), after paragraph (3) insert—
In the heading of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, at the end insert “ : England and Wales ”.
In section 92 of that Act, after subsection (5) insert—
A person who has in Northern Ireland been convicted of, or cautioned for, an offence specified in subsection (2) and who has died before this section comes into force is pardoned for the offence if the conditions that apply under this section in relation to the offence are met.
The offences to which subsection (1) applies are—
an offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery);
an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts);
an offence under any of the following earlier provisions—
10 Chas. 1 sess. 2 c. 20 (1634) (an Act for the punishment of the vice of buggery);
section 18 of 10 Geo. 4 c. 34 (1829) (an Act for consolidating and amending the statutes in Ireland relating to offences against the person) (buggery);
section 61 of the Offences against the Person Act 1861 (buggery);
section 11 of the Criminal Law Amendment Act 1885 (gross indecency between men).
In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, the conditions that apply are that—
the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and
the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).
In relation to any other offence mentioned in subsection (2), the conditions that apply are that—
the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and
any such conduct at the time this section comes into force would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).
in subsection (1), the definitions of “caution” and “conviction”;
subsections (2) to (5).
This section applies to a person who has in Northern Ireland been convicted of, or cautioned for, an offence mentioned in section 101A(1) of the Protection of Freedoms Act 2012 and who is living at the time this section comes into force.
If, at any time after this section comes into force, the person's conviction or caution becomes a disregarded conviction or caution under Chapter 5 of Part 5 of the Protection of Freedoms Act 2012, the person is also pardoned for the offence at that time.
Expressions used in this section or section 172(1) (so far as relating to this section) and in Chapter 5 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 172(1) as in that Chapter (see section 101J of that Act).
The Department of Justice in Northern Ireland may by regulations amend section 101A of the Protection of Freedoms Act 2012 (power of Department of Justice to disregard convictions or cautions) so as to add further offences to the list of offences specified in subsection (1) of that section.
An offence may be added to that list only if—
it was an offence under the law of Northern Ireland (or, in the case of an offence that applied before Northern Ireland became a separate legal jurisdiction, an offence under the law of Ireland),
it has been repealed or, in the case of an offence at common law, abolished, and
either—
the offence expressly regulated homosexual activity, or
although the offence did not expressly regulate homosexual activity, it appears to the Department of Justice that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.
Regulations under subsection (1) adding an offence may also amend section 101A so as to provide that, in relation to the offence, condition A is that it appears to the Department of Justice that matters specified in the amendment apply (in substitution for the matters specified in subsection (4)(a) and (b) of that section).
Regulations under subsection (1) may make consequential amendments of Chapter 5 of Part 5 of the 2012 Act.
Regulations under subsection (1) adding an offence must also provide for any person who has been convicted of, or cautioned for, the offence to be pardoned where—
the person has died before the regulations come into force or the person dies during the period of 6 months beginning with the day on which they come into force, and
the conditions specified in the regulations are met.
Those conditions must correspond to the matters that are specified in condition A in section 101A of the 2012 Act as it applies in relation to the offence (that is, the matters which must appear to the Department of Justice to apply in order for condition A to be met).
Subsection (5)(a) does not apply in relation to a person who dies during the period of 6 months if, before the person's death, the person's conviction of, or caution for, the offence becomes a disregarded conviction or caution under Chapter 5 of Part 5 of the 2012 Act (and, accordingly, the person is pardoned for the offence before death under section 170(2) of this Act).
The regulations must make provision which has a comparable effect in relation to the pardons provided for by the regulations and the offences to which those pardons relate as section 169(5) of this Act has in relation to the pardons provided for by section 169(1) to (4) and the offences to which they relate.
The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573) (N.I. 12)).
Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
In this section, “caution”, “conviction”, “disregarded caution” and “disregarded conviction” have the same meaning as in Chapter 5 of Part 5 of the 2012 Act (see section 101J of that Act).
affect any conviction, caution or sentence, or
give rise to any right, entitlement or liability.
Forced marriage: anonymity for victims
In Part 10 of the Anti-social Behaviour, Crime and Policing Act 2014 (forced marriage), after section 122 insert—
Insert, as Schedule 6A to that Act, the following Schedule—
After Part 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.)) insert—
Insert, as Schedule 3A to that Act, the following Schedule—
Stalking
In the Protection from Harassment Act 1997 —
in section 4 (putting people in fear of violence), in subsection (4)(a), for “five years” substitute “ ten years ”;
in section 4A (stalking involving fear of violence or serious alarm or distress), in subsection (5)(a), for “five years” substitute “ ten years ”.
In the Crime and Disorder Act 1998, in section 32 (racially or religiously aggravated harassment etc), in subsection (4)(b) (which specifies the penalty on conviction on indictment for an offence under that section which consists of a racially or religiously aggravated offence under section 4 or 4A of the Protection from Harassment Act 1997), for “seven years” substitute “ 14 years ”.
The amendments made by this section apply only in relation to an offence committed on or after the day on which this section comes into force.
Where the course of conduct constituting an offence is found to have occurred over a period of 2 or more days, or at some time during a period of 2 or more days, the offence must be taken for the purposes of subsection (3) to have been committed on the last of those days.
Protection of children and vulnerable adults
In section 51(2) of the Sexual Offences Act 2003 (sexual exploitation of children: interpretation), in paragraph (b), at the end insert “ or streamed or otherwise transmitted ”.
The Secretary of State may issue guidance to public authorities as to how their licensing functions under taxi and private hire vehicle legislation may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.
Any public authority which has licensing functions under taxi and private hire vehicle legislation must have regard to any guidance issued under this section.
Before issuing guidance under this section, the Secretary of State must consult—
the National Police Chiefs' Council,
persons who appear to the Secretary of State to represent the interests of public authorities who are required to have regard to the guidance,
persons who appear to the Secretary of State to represent the interests of those whose livelihood is affected by the exercise of the licensing functions to which the guidance relates, and
such other persons as the Secretary of State considers appropriate.
In this section, “taxi and private hire vehicle legislation” means—
the London Hackney Carriages Act 1843;
sections 37 to 68 of the Town Police Clauses Act 1847;
the Metropolitan Public Carriage Act 1869;
Part 2 of the Local Government (Miscellaneous Provisions) Act 1976;
the Private Hire Vehicles (London) Act 1998;
the Plymouth City Council Act 1975 (c.xx).
Coroners' investigations into deaths
Section 48 of the Coroners and Justice Act 2009 (interpretation of Part 1: general) is amended as follows.
In subsection (1), in the definition of “state detention”, after “subsection (2)” insert “ (read with subsection (2A)) ”.
In subsection (2), at the beginning insert “ Subject to subsection (2A), ”.
After subsection (2) insert—
Powers of Scottish litter authorities
In Part 4 of the Environmental Protection Act 1990 (litter etc), after section 91 insert—
is (so far as extending to Scotland) revived on the coming into force of this section, and
has effect on its revival as if made under section 94(1) of that Act as re-enacted with modifications by this section.
The Secretary of State may by regulations made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act other than Part 8.
The Treasury may by regulations made by statutory instrument make such provision as the Treasury considers appropriate in consequence of Part 8.
Regulations under subsection (1) or (2)—
may include transitional, transitory or saving provision;
may repeal, revoke or otherwise amend any provision of primary or subordinate legislation (including legislation passed or made in the same Session as this Act).
A statutory instrument containing (whether alone or with other provision) regulations under this section that repeal, revoke or otherwise amend any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations under this section that do not repeal, revoke or otherwise amend any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“primary legislation” means—an Act; an Act of the Scottish Parliament; a Measure or Act of the National Assembly for Wales; Northern Ireland legislation;“subordinate legislation” means—subordinate legislation within the meaning of the Interpretation Act 1978; an instrument made under an Act of the Scottish Parliament; an instrument made under a Measure or Act of the National Assembly for Wales; an instrument made under Northern Ireland legislation.
The following are to be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by the Secretary of State;
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Except as provided by subsections (2) to (6), this Act extends only to England and Wales.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 8(11);
section 35;
section 37(6);
section 50;
section 71;
section 76(3);
section 158;
section 163;
this Chapter.
The following provisions extend to England and Wales and Scotland (but not to Northern Ireland)—
section 7(8);
section 39;
section 49;
section 123;
The following provisions extend to England and Wales and Northern Ireland (but not to Scotland)—
section 159.
The following provisions extend to Scotland only—
section 179.
The following provisions extend to Northern Ireland only—
Chapter 7 of Part 4;
section 174.
The power under section 60(4) of the UK Borders Act 2007 may be exercised so as to extend to any of the Channel Islands or the Isle of Man any amendment made by or under this Act of any part of that Act (with or without modification).
Except as provided by subsections (2) to (6), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Chapter 7 of Part 4 comes into force on such day as the Department of Justice in Northern Ireland appoints by order.
Part 8 comes into force on such day as the Treasury may by regulations made by statutory instrument appoint.
The following provisions come into force on the day on which this Act is passed—
section 124;
section 179;
this Chapter;
any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make provision by subordinate legislation (within the meaning of the Interpretation Act 1978) or to issue codes of practice or guidance.
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
section 76;
section 158;
section 176.
Regulations under subsection (1) or (3), or an order under subsection (2) or (4), may appoint different days for different purposes.
The Secretary of State may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act other than Chapter 7 of Part 4 , Part 8 or sections 168 to 172.
The Department of Justice in Northern Ireland may by order make such transitional, transitory or saving provision as it considers appropriate in connection with the coming into force of any provision of Chapter 7 of Part 4 .
The Treasury may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Treasury considers appropriate in connection with the coming into force of any provision of Part 8 .
The power to make regulations under subsection (9) or (11), or an order under subsection (10) or (12), includes power to make different provision for different purposes.
The powers conferred on the Department of Justice in Northern Ireland by subsections (2), (4), (10) and (12) are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
This Act may be cited as the Policing and Crime Act 2017.
Provision for police and crime commissioner to be fire and rescue authority
Amendments to the Fire and Rescue Services Act 2004
The Fire and Rescue Services Act 2004 is amended as follows.
Before section 1 insert— “ Fire and rescue authorities ”.
In section 1(4) (fire and rescue authorities) for the words from “sections” to the end substitute
Before section 2 insert— “ Combined fire and rescue authorities ”.
After section 4 insert—
Before section 5A insert— “ Powers of certain fire and rescue authorities ”.
In section 5A (powers of certain fire and rescue authorities) in subsection (3) (authorities to which powers apply)—
omit the “or” at the end of paragraph (c), and
at the end of paragraph (d) insert
After section 5L insert—
In section 21 (Fire and Rescue National Framework) after subsection (2) insert—
In section 34 (pensions etc) after subsection (10) insert—
For section 37 (prohibition on employment of police) substitute—
Before Schedule 1 insert—
Amendments to other Acts
Fire Services Act 1947 (c. 41)
In section 26 of the Fire Services Act 1947 (firefighters' pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) after subsection (5) insert—
Landlord and Tenant Act 1954 (c. 56)
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “or a combined authority established under section 103 of that Act” substitute “ , a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Local Government Act 1966 (c. 42)
In section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) after “This section shall apply to” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Leasehold Reform Act 1967 (c. 88)
The Leasehold Reform Act 1967 is amended as follows.
In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) after “any combined authority established under section 103 of that Act,” insert “ any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) after paragraph (b) insert—.
Local Government Grants (Social Need) Act 1969 (c. 2)
In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) after “shall also include” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Local Authorities (Goods and Services) Act 1970 (c. 39)
In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) after “any combined authority established under section 103 of that Act,” insert “ any fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Local Government Act 1972 (c. 70)
The Local Government Act 1972 is amended as follows.
In section 120 (acquisition of land by agreement) after subsection (3A) insert—
In section 138C(1) (application of provisions about religious etc observance and involvement with religious etc events) after paragraph (p) insert—.
In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to bodies other than local authorities) after “the Common Council” insert “ and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
In section 223 (appearance of local authorities in legal proceedings) in subsection (2) (application to bodies other than local authorities) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
In section 229 (photographic copies of documents) in subsection (8) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
In section 231 (service of notices on local authorities, etc) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
In section 232 (public notices) in subsection (1A) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
In section 233 (service of notices by local authorities) in subsection (11) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
In section 234 (authentication of documents) in subsection (4) (meaning of “local authority”) after “a combined authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Employment Agencies Act 1973 (c. 35)
In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) after paragraph (fh) insert—.
Local Government Act 1974 (c. 7)
In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) after paragraph (bg) insert—.
Health and Safety at Work etc Act 1974 (c. 37)
In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in paragraph (a) of the definition of “local authority” after “a combined authority established under section 103 of that Act” insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Rent (Agriculture) Act 1976 (c. 80)
In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) after paragraph (bbb) insert—.
Rent Act 1977 (c. 42)
In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) after paragraph (cc) insert—.
Protection from Eviction Act 1977 (c. 43)
In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) after “the Inner London Education Authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Local Government, Planning and Land Act 1980 (c. 65)
The Local Government, Planning and Land Act 1980 is amended as follows.
In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) after paragraph (dbb) insert—.
In Schedule 16 (bodies to whom Part 10 applies) after paragraph 5BC insert—
Acquisition of Land Act 1981 (c. 67)
In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” after “the Common Council of the City of London,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” after paragraph (ezb) insert—.
In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) after paragraph (c) (but before the “and” at the end of that paragraph) insert—.
County Courts Act 1984 (c. 28)
In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” after “a combined authority established under section 103 of that Act,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Housing Act 1985 (c. 68)
In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) after “a combined authority” in both places insert “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Landlord and Tenant Act 1985 (c.70)
Local Government Act 1986 (c. 10)
The Local Government Act 1986 is amended as follows.
In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—.
In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) after the entry relating to a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 insert—.
Landlord and Tenant Act 1987 (c.31)
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) after “the Common Council of the City of London,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Local Government Act 1988 (c. 9)
In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) in the entry relating to a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 and other fire and rescue authorities, after “applies” insert “ , a fire and rescue authority created by an order under section 4A of that Act ”.
Housing Act 1988 (c. 50)
The Housing Act 1988 is amended as follows.
In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) after paragraph (fb) insert—.
In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) after paragraph (e) insert—.
Road Traffic Act 1988 (c. 52)
In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) after “the Inner London Education Authority,” insert “ a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ”.
Local Government and Housing Act 1989 (c. 42)
The Local Government and Housing Act 1989 is amended as follows.
In section 1(9) (meaning of politically restricted post under a local authority) at the end insert “ , and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. ”
Section 4 (designation and reports of head of paid service) is amended as follows.
In subsection (4) after paragraph (a) insert—.
After subsection (5A) insert—
In subsection (6)(a) for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Section 5 (designation and reports of monitoring officer) is amended as follows.
In subsection (3) after the second paragraph (a) insert—.
In subsection (5)(a) after sub-paragraph (i) insert—.
In subsection (8)—
in the definition of “chief finance officer” after “Schedule 1 to the Police Reform and Social Responsibility Act 2011” insert “ , section 4D(4) of the Fire and Rescue Services Act 2004 ”, and
in paragraph (a) of the definition of “relevant authority” for “and an elected local policing body” substitute “ , an elected local policing body and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
In section 21 (interpretation of Part 1) after subsection (1) insert—
In section 155(4) (emergency financial assistance to local authorities: meaning of “local authority”) after paragraph (h) insert—.
Until the coming into force of the repeal of section 67 of the Local Government and Housing Act 1989 (application of provisions about companies in which local authorities have interests) by the Local Government and Public Involvement in Health Act 2007, subsection (3) of that section has effect as if after paragraph (h) there were inserted—.
Town and Country Planning Act 1990 (c. 8)
The Town and Country Planning Act 1990 is amended as follows.
In Schedule 14 (procedure for footpaths and bridleway orders) in paragraph 1(3) (meaning of “council”) for “or a combined authority established under section 103 of that Act” substitute “ , a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
Local Government Finance Act 1992 (c. 14)
The Local Government Finance Act 1992 is amended as follows.
In section 39(1) (major precepting authorities) after paragraph (da) insert—.
Local Government (Overseas Assistance) Act 1993 (c. 25)
In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) after paragraph (a) insert—.
Deregulation and Contracting Out Act 1994 (c. 40)
The Deregulation and Contracting Out Act 1994 is amended as follows.
In section 70(1ZB) (functions of local authorities: application to certain fire and rescue authorities) after “applies” insert “ or a fire and rescue authority created by an order under section 4A of that Act ”.
In section 79A (local authorities in England) after paragraph (n) insert—.
Police Act 1996 (c. 16)
In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales), at the end insert—
Crime and Disorder Act 1998 (c. 37)
The Crime and Disorder Act 1998 is amended as follows.
In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” after paragraph (a) insert—.
In section 115(2) (disclosure of information: meaning of relevant authority) after paragraph (i) insert—.
Freedom of Information Act 2000 (c. 36)
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 14 insert—
Police Reform Act 2002 (c. 30)
In section 38 of the Police Reform Act 2002 (police powers for civilian staff) after subsection (11) insert—
Local Government Act 2003 (c. 26)
The Local Government Act 2003 is amended as follows.
In section 23(1) (local authorities to which the provisions about capital finance etc and accounts apply) after paragraph (m) insert—.
In section 33(1) (expenditure grant: interpretation) after paragraph (l) insert—.
In section 95(7) (power to trade in function-related activities through a company: interpretation) in the definition of “relevant authority” after paragraph (ab) insert—.
In section 97(11) (power to modify enactments in connection with charging or trading: interpretation) in the definition of “relevant authority” after paragraph (aa) insert—.
Local Government and Public Involvement in Health Act 2007 (c. 28)
In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) after paragraph (a) insert—.
Equality Act 2010 (c. 15)
Police Reform and Social Responsibility Act 2011 (c. 13)
The Police Reform and Social Responsibility Act 2011 is amended as follows.
Section 1 (police and crime commissioners) is amended as follows.
In subsection (3) for “The” substitute “ Unless subsection (3B) applies, the ”.
After subsection (3) insert—
In section 5 (police and crime commissioner to issue police and crime plan) after subsection (5) insert—
In section 28 (police and crime panels outside London) after subsection (1) insert—
In section 66 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (9) insert—
In Schedule 1 (police and crime commissioners) in paragraph 2 (salary etc) after sub-paragraph (3) insert—
Schedule 6 (police and crime panels) is amended as follows.
In paragraph 4(6) (functions of panels) at the end insert “ or by, or by virtue of, the Fire and Rescue Services Act 2004. ”
In paragraph 22 (co-opted members of police and crime panels)—
the existing paragraph becomes sub-paragraph (1), and
at the end of that sub-paragraph insert—
In paragraph 27 (exercise of special functions) after sub-paragraph (2) insert—
After paragraph 32 insert—
In Schedule 8 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process)—
in sub-paragraph (1A) for “A person” substitute insert “ Subject to sub-paragraph (1AA), a person ”, and
after sub-paragraph (1A) insert—
Localism Act 2011 (c. 20)
The Localism Act 2011 is amended as follows.
In section 41(3) (power of fire and rescue authority to appoint officers and employees to be subject to pay policy statement) after “43(1)(i)” insert “ or (j) ”.
In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability)—
omit the “or” at the end of paragraph (h), and
at the end of paragraph (i) insert
Public Service Pensions Act 2013 (c. 25)
In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) for the “or” at end of paragraph (a) substitute—.
Energy Act 2013 (c. 32)
In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” after paragraph (d) insert—.
Local Audit and Accountability Act 2014 (c. 2)
The Local Audit and Accountability Act 2014 is amended as follows.
In Schedule 2 (relevant authorities) after paragraph 22 insert—
In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of certain authorities to consider report or recommendation) for “or the Mayor's Office for Policing and Crime” substitute “ , the Mayor's Office for Policing and Crime or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ”.
The London Fire Commissioner
Amendments to the Greater London Authority Act 1999
The Greater London Authority Act 1999 is amended as follows.
In section 21 (disqualification from being the Mayor or an Assembly member) after subsection (1) insert—
In section 31(1) (limits of the Authority's general power) for paragraph (c) substitute—
Section 45 (the Mayor's periodic report to the Assembly) is amended as follows.
In subsection (6) omit “except as provided by subsection (7) below.”
Omit subsections (7) and (8).
Section 60A (confirmation hearings etc for specified appointments by the Mayor) is amended as follows.
In subsection (3) (offices to which section 60A applies)—
before the entry for the chairman or deputy chairman of Transport for London insert—, and
omit the entry for the chairman of the London Fire and Emergency Planning Authority.
After subsection (4) insert—
Section 61 (power to require attendance at Assembly meetings) is amended as follows.
In subsection (11) omit “, except as provided by subsection (12) below,”.
Omit subsections (12) and (13).
In section 67(1)(b) (power of Mayor to appoint ten members of staff in addition to the Mayor's political advisers) for “ten” substitute “ eleven ”.
In section 68 (disqualification and political restriction) after subsection (3) insert—
In section 70 (terms and conditions of employment) after subsection (7) insert—
After Part 6 insert—
Omit Part 7 (the London Fire and Emergency Planning Authority).
The repeal of section 328 in that Part by sub-paragraph (1) does not affect the continued operation of subsections (5) to (7) of that section, and subsection (9) of that section so far as applying to those subsections.
In the application of those subsections by virtue of sub-paragraph (2), references in those subsections to the Fire etc Authority are to be read as references to the London Fire Commissioner.
In section 419(1) (bodies to be treated as local authorities for the purposes of enactments relating to taxation) for paragraph (c) substitute—.
Section 424(1) (interpretation) is amended as follows.
Omit the definition of “the Fire etc Authority”.
In the definition of “functional body” for paragraph (d) substitute—.
Schedule 4A (confirmation hearings etc for specified appointments) is amended as follows.
In paragraph 1 after sub-paragraph (7) insert—
After paragraph 10 insert—
After Schedule 27 insert—
Omit Schedule 28 (the London Fire and Emergency Planning Authority).
Omit Schedule 29 (amendments relating to the London Fire and Emergency Planning Authority).
Amendments to other Acts
Essex County Council Act 1952 (c. l)
In section 80 of the Essex County Council Act 1952 (precautions against fire) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Landlord and Tenant Act 1954 (c. 56)
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “, the London Fire and Emergency Planning Authority” substitute “ , the London Fire Commissioner ”.
Local Government (Records) Act 1962 (c. 56)
The Local Government (Records) Act 1962 is amended as follows.
In section 2 (acquisition and deposit of records) in subsection (6) (bodies to which section 2 applies) for “to the London Fire and Emergency Planning Authority,” substitute “ to the London Fire Commissioner, ”.
In section 8(1) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
London Government Act 1963 (c. 33)
The London Government Act 1963 is amended as follows.
In section 5(3) (delegation of functions in Greater London) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
In section 75 (compensation for injury to or death of officers) in subsection (4) (application to London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Local Government Act 1966 (c. 42)
In section 11 of the Local Government Act 1966 (grants for specified expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Leasehold Reform Act 1967 (c. 88)
The Leasehold Reform Act 1967 is amended as follows.
In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
In Schedule 4A (exclusion of specified shared ownership leases) in paragraph 2(2) (leases granted by specified local authorities: bodies to which the exclusion applies) for paragraph (bb) substitute—.
Local Government Grants (Social Need) Act 1969 (c. 2)
In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
Greater London Council (General Powers) Act 1969 (c. lii)
In section 30(ii) of the Greater London Council (General Powers) Act 1969 (savings for London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Local Authorities (Goods and Services) Act 1970 (c. 39)
In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Pensions (Increase) Act 1971 (c. 56)
In Schedule 3 to the Pensions (Increase) Act 1971 (further administrative, incidental and consequential provisions) in paragraph 6(1)(a) (meaning of “local authority”) for sub-paragraph (ib) substitute—.
Local Government Act 1972 (c. 70)
The Local Government Act 1972 is amended as follows.
In section 70 (restriction on promotion of Bills for changing local government areas etc) for subsection (2) substitute—
Section 100J (application of provisions about access to meetings and documents) is amended as follows.
In subsection (1) (bodies to which provisions about access to meetings and documents apply) omit paragraph (bb).
In subsection (2) omit “, (bb)”.
In subsection (3) omit “(bb),”.
Omit subsection (4A).
Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.
In subsection (13) omit “the London Fire and Emergency Planning Authority,”.
After subsection (13) insert—
In section 104 (disqualification for membership of committees and joint committees) omit subsection (5) (application to the London Fire and Emergency Planning Authority).
In section 138 (powers of principal councils with respect to emergencies or disasters) in subsection (5) (power of London Fire and Emergency Planning Authority to incur expenditure in connection with planning by principal councils) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
In section 138C(1) (other authorities to which provisions about prayer and other religious observance apply) for paragraph (d) substitute—.
In section 142 (provision of information etc relating to matters affecting local government) for subsection (4) substitute—
Section 146A (application of miscellaneous provisions about local authorities to other authorities) is amended as follows.
In subsection (1)—
for “or (1ZE)” substitute “ , (1ZE) or (1ZF) ”, and
for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
In subsection (1ZC) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
After subsection (1ZE) insert—
In section 175 (allowances for attending conferences and meetings) in subsection (3B) (application to the London Fire and Emergency Planning Authority etc) for “the London Fire and Emergency Planning Authority, an economic prosperity board, a combined authority or” substitute “ an economic prosperity board, a combined authority or ”.
In section 176 (payment of expenses of official and courtesy visits) in subsection (3) (application to the London Fire and Emergency Planning Authority etc)—
after “board,” insert “ and ”, and
omit “and the London Fire and Emergency Planning Authority”.
In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to the London Fire and Emergency Planning Authority etc) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.
For section 244A substitute—
Employment Agencies Act 1973 (c. 35)
In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) for paragraph (fh) substitute—.
Local Government Act 1974 (c. 7)
In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) for paragraph (cza) substitute—.
Health and Safety at Work etc Act 1974 (c. 37)
In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in the definition of “local authority”—
in paragraph (a) for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”, and
in paragraph (c) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Rent (Agriculture) Act 1976 (c. 80)
In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) for paragraph (bbb) substitute—.
Rent Act 1977 (c. 42)
In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) for paragraph (cc) substitute—.
London Hydraulic Power Act 1977 (c. xi)
In section 3(3)(b) of the London Hydraulic Power Act 1977 (notice of intention to use new pipeline) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Protection from Eviction Act 1977 (c. 43)
In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
Local Government, Planning and Land Act 1980 (c. 65)
The Local Government, Planning and Land Act 1980 is amended as follows.
In section 2 (duty of authorities to publish information) in subsection (1) (authorities to which the duty applies) for paragraph (kb) substitute—.
In section 98 (disposal of land at direction of Secretary of State) in subsection (8A) (authorities to which provisions as to associated bodies apply) for paragraph (f) substitute—
In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) for paragraph (dbb) substitute—
In section 100 (interpretation and extent of Part 10) in subsection (1)(a) (meaning of “subsidiary”) for “, the London Fire and Emergency Planning Authority” substitute “ , the London Fire Commissioner ”.
In Schedule 16 (bodies to whom Part 10 applies) for paragraph 5BB substitute—
Acquisition of Land Act 1981 (c. 67)
The Acquisition of Land Act 1981 is amended as follows.
In section 7(1) (interpretation) in the definition of “local authority” for paragraph (a1) substitute—.
In section 17(4) (local authority and statutory undertakers' land: interpretation) in paragraph (a) of the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.
In section 33 (enforceability by local authorities of specified covenants relating to land) in subsection (9)(a) (meaning of “principal council”) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” for paragraph (f) substitute—.
In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) for paragraph (d) substitute—
County Courts Act 1984 (c. 28)
In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Local Government Act 1985 (c. 51)
The Local Government Act 1985 is amended as follows.
In section 72 (accounts and audit) in subsection (5) for paragraph (a) substitute—.
In Schedule 11 (police and fire services) in paragraph 2(4) (references to the Metropolitan Board of Works in the Metropolitan Fire Brigade Act 1985 to be construed as references to the London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Housing Act 1985 (c. 68)
In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) for “and the London Fire and Emergency Planning Authority” in both places substitute “ and the London Fire Commissioner ”.
Housing Associations Act 1985 (c.69)
In section 106(1) of the Housing Associations Act 1985 (minor definitions - general) in the definition of “local authority”—
for “, a combined authority established under section 103 of that Act” substitute “ and a combined authority established under section 103 of that Act ”,
omit “and the London Fire and Emergency Planning Authority”, and
omit “the London Fire and Emergency Planning Authority,” (in the second place).
Landlord and Tenant Act 1985 (c.70)
In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” for “and the London Fire and Emergency Planning Authority” substitute “ and the London Fire Commissioner ”.
Local Government Act 1986 (c. 10)
The Local Government Act 1986 is amended as follows.
In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) for the entry relating to the London Fire and Emergency Planning Authority substitute—.
In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) for the entry relating to the London Fire and Emergency Planning Authority substitute—.
Landlord and Tenant Act 1987 (c.31)
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
Local Government Act 1988 (c. 9)
In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) for the entry relating to the London Fire and Emergency Planning Authority substitute—
Housing Act 1988 (c. 50)
The Housing Act 1988 is amended as follows.
In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) for paragraph (g) substitute—
In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) for paragraph (ee) substitute—.
Road Traffic Act 1988 (c. 52)
In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
Local Government and Housing Act 1989 (c. 42)
The Local Government and Housing Act 1989 is amended as follows.
In section 1(9) (meaning of politically restricted post under a local authority) for “and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 61 of Schedule 1) substitute “every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and every member of staff of the London Fire Commissioner”.
Section 4 (designation and reports of head of paid service) is amended as follows.
In subsection (4) after paragraph (aa) (as inserted by paragraph 62(2) of Schedule 1) insert—.
After subsection (5B) (as inserted by paragraph 62(3) of Schedule 1) insert—
In subsection (6)(a) for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 62(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.
Section 5 (designation and reports of monitoring officer) is amended as follows.
In subsection (3) after paragraph (aa) (as inserted by paragraph 63(2) of Schedule 1) insert—.
In subsection (5)(a) after sub-paragraph (ia) (as inserted by paragraph 63(3) of Schedule 1) insert—.
In subsection (8) in paragraph (a) of the definition of “relevant authority” for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 63(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.
Section 21 (interpretation of Part 1) is amended as follows.
In subsection (1)(i) omit “or the London Fire and Emergency Planning Authority”.
After subsection (1B) (as inserted by paragraph 64 of Schedule 1) insert—
In section 155(1A) (emergency financial assistance to local authorities: expenditure treated as incurred by Greater London Authority) for paragraph (a) substitute—.
Town and Country Planning Act 1990 (c. 8)
The Town and Country Planning Act 1990 is amended as follows.
In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
In section 336(1) (interpretation) in the definition of “local authority” for paragraph (ab) substitute—.
In Schedule 14 (procedure for footpaths and bridleways orders) in paragraph 1(3) (meaning of “council” in provisions about notices) for “, the London Fire and Emergency Planning Authority,” substitute “ , the London Fire Commissioner, ”.
London Local Authorities Act 1991 (c. xiii)
The London Local Authorities Act 1991 is amended as follows.
In section 7 (licensing of special treatment premises: duty to notify London Fire and Emergency Planning Authority of application) for “the London Fire and Emergency Planning Authority” in each place substitute “ the London Fire Commissioner ”.
In section 15(1) (powers of entry) for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Local Government (Overseas Assistance) Act 1993 (c. 25)
In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) for paragraph (dd) substitute—
London Local Authorities Act 1995 (c. x)
In section 2 of the London Local Authorities Act 1995 (interpretation) in paragraph (b) of the definition of “the fire and rescue authority” for “the London Fire and Emergency Planning Authority” substitute “ the London Fire Commissioner ”.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant) for paragraph (k) substitute—
Channel Tunnel Rail Link Act 1996 (c. 61)
In Schedule 3 to the Channel Tunnel Rail Link Act 1996 (highways) in paragraph 2(11) (definition of local authority) for “the London Fire and Emergency Planning Authority,” substitute “ the London Fire Commissioner, ”.
Crime and Disorder Act 1998 (c. 37)
The Crime and Disorder Act 1998 is amended as follows.
In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” for paragraph (c) substitute—
In section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) for the entry relating to the London Fire and Emergency Planning Authority substitute—.
In section 115(2) (disclosure of information: meaning of relevant authority) for paragraph (h) substitute—.
Local Government Act 1999 (c. 27)
In section 1(1) of the Local Government Act 1999 (best value authorities) for paragraph (f) substitute—.
Freedom of Information Act 2000 (c. 36)
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) for paragraph 20 substitute—
Courts Act 2003 (c. 39)
Section 41 of the Courts Act 2003 (disqualification of lay justices who are members of local authorities) is amended as follows.
In subsection (6) for paragraph (d) substitute—.
After subsection (6) insert—
Fire and Rescue Services Act 2004 (c. 21)
The Fire and Rescue Services Act 2004 is amended as follows.
In section 1(2) (fire and rescue authorities in England) in paragraph (c) for “London Fire and Emergency Planning Authority” substitute “ London Fire Commissioner ”.
In section 5A(3) (powers of specified fire and rescue authorities: authorities to which the section applies) for paragraph (b) substitute—.
In section 5B (boundaries of power under section 5A) after subsection (5) insert—
Local Government and Public Involvement in Health Act 2007 (c. 28)
In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) for paragraph (c) substitute—
Crossrail Act 2008 (c. 18)
In Schedule 3 to the Crossrail Act 2008 (stopping-up of highways) in paragraph 2(11) (local authorities which must be notified of proposed stopping-up) for paragraph (c) substitute—.
Equality Act 2010 (c. 15)
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) for the entry relating to the London Fire and Emergency Planning Authority substitute—.
Police Reform and Social Responsibility Act 2011 (c. 13)
Localism Act 2011 (c. 20)
The Localism Act 2011 is amended as follows.
In section 27 (duty to promote and maintain high standards of conduct) in subsection (6) (meaning of “relevant authority”) omit paragraph (g) (the London Fire and Emergency Planning Authority).
In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability) for paragraph (g) substitute—.
Energy Act 2013 (c. 32)
In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” for paragraph (e) substitute—.
Local Audit and Accountability Act 2014 (c. 2)
The Local Audit and Accountability Act 2014 is amended as follows.
In section 40 (access to local government meetings and documents) in subsection (6) (bodies to which provisions apply) for paragraph (f) substitute—.
In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of specified authorities to consider report or recommendation) (as amended by paragraph 97 of Schedule 1) for “or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” substitute “ , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 or the London Fire Commissioner ”.
Consequential repeals
In consequence of the amendments made by this Schedule the following provisions are repealed—
paragraph 8(6) of Schedule 3 to the Local Government and Public Involvement in Health Act 2007.
Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004
Amendments consequential on the amended definition of police complaint
The Police Reform Act 2002 is amended as follows.
In section 10 (general functions of the Independent Police Complaints Commission), in subsection (2)—
in paragraph (a), for “made about the conduct of persons serving with the police” substitute “ (within the meaning given by section 12) ”;
in paragraph (b), for “such persons” substitute “ persons serving with the police ”.
Section 16 (payment for assistance with investigations) is amended as follows.
In subsection (2)(a)—
before sub-paragraph (i) insert—;
in sub-paragraph (i), after “investigation” insert “ of a recordable conduct matter ”.
In subsection (2)(b)—
before sub-paragraph (i) insert—;
in sub-paragraph (i), after “investigation” insert “ of a recordable conduct matter ”.
In section 21 (duty to provide information for other persons), in subsection (2), in the words before paragraph (a), for “complaint or” substitute “ complaint that relates to conduct of a person serving with the police or a ”.
In section 23 (regulations), in subsection (2)(a), in the words before sub-paragraph (i), for “against any person” substitute “ that relates to conduct of a person serving with the police ”.
Section 29 (interpretation of Part 2) is amended as follows.
In subsection (1), in the definition of “appropriate authority”—
omit “and” at the end of paragraph (a);
after paragraph (a) insert—;
In subsection (1), in the definition of “person complained against”, after “a complaint” insert “ that relates to conduct of a person serving with the police ”.
In subsection (2), for paragraphs (a) and (b) substitute—.
After subsection (4) insert—
Part 1 of Schedule 3 (handling of complaints) is amended as follows.
In paragraph 1(6), omit “any conduct that is”.
In paragraph 4(1)(a), after “conduct” insert “ or other matter ”.
In paragraph 4(6)(b), at the end insert “ (if any) ”.
In paragraph 5(3)(b), at the end insert “ (if any) ”.
Part 3 of Schedule 3 (investigations and subsequent proceedings) is amended as follows.
In paragraph 23(2A), after “a person” insert “ (if any) ”.
In paragraph 24(2A), after “a person” insert “ (if any) ”.
In paragraph 25(10)(d), at the end insert “ (if any) ”.
Complaints, conduct matters and DSI matters: procedure
Recording and reference of complaints
Part 1 of Schedule 3 to the Police Reform Act 2002 (handling of complaints) is amended as follows.
Paragraph 2 (initial handling and recording of complaints) is amended as follows.
In sub-paragraph (6), in the words following paragraph (c), for “record the complaint” substitute “ contact the complainant and seek the complainant's views on how the complaint should be handled ”.
After sub-paragraph (6) insert—
For sub-paragraph (7) substitute—
Omit sub-paragraph (8).
At the end insert—
Omit paragraph 3 (failures to notify or record a complaint) and the italic heading before that paragraph.
Paragraph 4 (reference of complaints to the Commission) is amended as follows.
In sub-paragraph (6)(b), for “a possible future investigation of the complaint” substitute “ an investigation of the complaint (whether an existing investigation or a possible future one) ”.
After sub-paragraph (6) insert—
Omit sub-paragraph (8).
At the end insert—
Handling of complaints
Part 1 of Schedule 3 to the Police Reform Act 2002 (handling of complaints) is further amended as follows.
Paragraph 6 (handling of complaints by the appropriate authority) is amended as follows.
In sub-paragraph (2), omit the “or” at the end of paragraph (a) and omit paragraph (b).
After sub-paragraph (2) insert—
Omit sub-paragraphs (3) to (11).
Omit paragraph 7 (disapplication of requirements of Schedule) and the italic heading before that paragraph.
Omit paragraph 8 (local resolution of complaints) and the italic heading before that paragraph.
Investigations and subsequent proceedings
Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is further amended as follows.
Paragraph 5 (duties of Commission on references under paragraph 4: complaints) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute “—
in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission's determination), the Commission must refer the complaint back to the appropriate authority for the investigation to be completed, and
in any other case, the Commission may, if it thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.”
In sub-paragraph (3)(b), for “a possible future investigation of the complaint” substitute “ an investigation of the complaint (whether an existing investigation or a possible future one) ”.
In paragraph 6 (handling of complaints by the appropriate authority), in sub-paragraph (2)(a), for “5” substitute “ 5(2)(b) ”.
In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (6)(b), for “a possible future investigation of that matter” substitute “ an investigation of that matter (whether an existing investigation or a possible future one) ”.
Paragraph 14 (duties of Commission on references under paragraph 13: recordable conduct matters) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute “—
in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commission's determination), the Commission must refer the matter back to the appropriate authority for the investigation to be completed, and
in any other case, the Commission may, if it thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.”
In sub-paragraph (3)(b), for “a possible future investigation of that matter” substitute “ an investigation of that matter (whether an existing investigation or a possible future one) ”.
Paragraph 14D (duties of Commission on references under paragraph 14C: DSI matters) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2), for the words from “, it may” to the end of the sub-paragraph substitute
Paragraph 15 (power of the Commission to determine the form of an investigation) is amended as follows.
In sub-paragraph (1)(b), after “determines” insert “ under paragraph 5(1), 14(1) or 14D(1) ”.
After sub-paragraph (1) insert—
Omit sub-paragraph (3).
In sub-paragraph (4)—
omit paragraph (b);
in paragraph (c), for “management” substitute “ direction ”.
After sub-paragraph (4) insert—
For sub-paragraph (5) substitute—
In sub-paragraph (8), at the end insert “ and of its reasons for making the determination ”.
After sub-paragraph (8) insert—
Paragraph 16 (investigations by the appropriate authority on its own behalf) is amended as follows.
Before sub-paragraph (1) insert—
In sub-paragraph (1)—
in the words before paragraph (a), after “paragraph” insert “ also ”;
omit paragraph (a) and the “or” following it.
Omit paragraph 17 (investigations supervised by the Commission) and the italic heading before that paragraph.
In the italic heading before paragraph 18, for “managed” substitute “ directed ”.
Paragraph 18 (investigations managed by the Commission) is amended as follows.
In sub-paragraph (1), for “manage” substitute “ direct ”.
For sub-paragraph (2) substitute—
After sub-paragraph (3) insert—
In paragraph 19 (investigations by the Commission itself), in sub-paragraph (7), omit paragraph (aa) and the “or” following it.
For paragraphs 19A to 19E (special procedure where investigation relates to police officer or special constable) substitute—
Paragraph 19F (interview of persons serving with the police etc during certain investigations) is amended as follows.
In sub-paragraph (2)—
in paragraph (a), for “, and” substitute “ other than, in the case of an investigation to which paragraph 19A applies, a serving officer who is the person concerned in relation to the investigation (within the meaning of paragraph 19A). ”;
omit paragraph (b).
In sub-paragraph (7)—
omit the “or” at the end of paragraph (a);
after paragraph (a) insert—.
For paragraphs 20A to 20I (accelerated procedure in special cases) substitute—
Omit paragraph 21 (power to discontinue an investigation) and the italic heading before that paragraph.
Paragraph 21A (procedure where conduct matter is revealed during investigation of DSI matter) is amended as follows.
After sub-paragraph (2) insert—
In sub-paragraph (5)(a), after “(2)” insert “ or (2A) ”.
Paragraph 23 (action by the Commission in response to an investigation report under paragraph 22) is amended as follows.
After sub-paragraph (5) insert—
Omit sub-paragraphs (6) to (8).
Paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22) is amended as follows.
In sub-paragraph (6)—
after paragraph (a) insert—;
for paragraph (b) substitute—
After sub-paragraph (6) insert—
In paragraph 24A (final reports on investigations: other DSI matters), at the end insert —
Reviews
Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is further amended as follows.
In paragraph 4 (reference of complaints to the Commission), after sub-paragraph (5) insert—
After paragraph 6 insert—
Omit paragraph 8A (appeals relating to complaints dealt with other than by investigation) and the italic heading before that paragraph.
In the italic heading before paragraph 25, for “Appeals” substitute “ Reviews ”.
Paragraph 25 (appeals with respect to an investigation) is amended as follows.
After sub-paragraph (1) insert—
Omit sub-paragraphs (2) to (3).
For sub-paragraph (4) substitute—
After sub-paragraph (4) insert—
Omit sub-paragraphs (5) to (9A).
In sub-paragraph (10)—
in the words before paragraph (a)—
for “appeal” substitute “ review ”;
for “any determination” substitute “ the outcome of a review ”;
after “paragraph” insert “ and of its reasons for the determination made under sub-paragraph (4A) ”;
in paragraph (a), omit “(unless it is the relevant appeal body)”;
in paragraph (d)—
for “appeal” substitute “ review ”;
omit “proposed review or”.
Omit sub-paragraph (11).
In sub-paragraph (13)—
in paragraph (a), for “appeals under this paragraph are to be brought” substitute “ applications under sub-paragraph (1B) are to be made ”;
in paragraph (b), for “appeal must be brought” substitute “ application must be made ”;
for paragraph (c) substitute—
After sub-paragraph (13) insert—
After paragraph 25 insert—
For the italic heading before paragraph 26, substitute “ Re-investigations following a review ”.
Paragraph 26 (reviews and re-investigations following an appeal) is amended as follows.
Omit sub-paragraph (1).
In sub-paragraph (2), omit “or sub-paragraph (1)”.
In sub-paragraph (3), for “(3)” substitute “ (4) ”.
After sub-paragraph (3) insert—
In sub-paragraph (4)—
for “25(8)” substitute “ 25(4C)(b) ”;
omit “or sub-paragraph (1) of this paragraph”;
before “as they apply” insert “ and any re-investigation of the type described in sub-paragraph (3A) of this paragraph ”.
After sub-paragraph (4) insert—
For sub-paragraph (5) substitute—
Omit sub-paragraph (6).
In the italic heading before paragraph 30—
for “Appeals” substitute “ Reviews ”;
for “appeal” substitute “ review ”.
Paragraph 30 (appeals: the relevant appeal body) is amended as follows.
In sub-paragraph (1)—
in the words before paragraph (a)—
for “appeal”, in the first place it occurs, substitute “ review ”;
for “an appeal” substitute “ a review ”;
in paragraph (a), after “in a case where” insert “ a local policing body is the appropriate authority in relation to the relevant complaint or ”;
for paragraph (b) substitute—
For sub-paragraph (2) substitute—
For paragraph 31 (appeal made to the Commission in error) substitute—
For paragraph 32 (appeal made to appropriate authority in error) substitute—
In section 15 of the Police Reform Act 2002 (general duties of local policing bodies, chief officers and inspectors)—
in subsection (4) (duty to provide the Commission with assistance), at the end insert “ or any review under paragraph 25 of Schedule 3 ”;
in subsection (6)—
in paragraph (a), after “investigation” insert “ or review (as the case may be) ”;
omit the “and” at the end of paragraph (a);
in paragraph (b), at the beginning insert “ in the case of an investigation, ”;
at the end of paragraph (b) insert.
In section 16 of the Police Reform Act 2002 (payment for assistance with investigations)—
in subsection (1)(b), for “in such a connection to the Commission.” substitute “ to the Commission in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3. ”;
in subsection (2)(b)—
in the words before sub-paragraph (i), for “in such a connection by a police force (“the assisting force”) to the Commission” substitute “ by a police force (“the assisting force”) to the Commission in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 ”;
omit the “or” at the end of sub-paragraph (i);
after sub-paragraph (ii) insert
In section 18 of the Police Reform Act 2002 (inspections of police premises on behalf of the Commission), in subsection (2), after paragraph (b) insert—
Recommendations by the Commission and local policing bodies
In Part 3 of Schedule 3 to the Police Reform Act 2002, after paragraph 28 insert—
In consequence of the insertion of paragraph 28ZA, in paragraph 28A of Schedule 3 to the Police Reform Act 2002, after sub-paragraph (3) insert—
Consequential amendments
In the Police Reform Act 2002—
in section 15—
in subsection (3)(a), omit “, 17”;
in subsection (5), in the words after paragraph (c), omit “, 17”;
in section 18(2)(b)—
omit “supervision or”;
for “management” substitute “ direction ”;
in section 20—
in subsection (1)(b), for “management” substitute “ direction ”;
in subsection (2), omit the “or” at the end of paragraph (a) and omit paragraph (b);
in section 21—
in subsection (6)(b), for “management” substitute “ direction ”;
in subsection (7), omit the “or” at the end of paragraph (a) and omit paragraph (b);
in section 22—
omit subsection (5)(c);
omit subsection (5)(f);
in section 23—
in subsection (2)(i)—
omit “supervision or”;
for “management” substitute “ direction ”;
omit subsection (2)(m);
in section 29—
in subsection (1), omit the definition of “local resolution”;
in subsection (6)—
omit “under the supervision of the Commission,”;
for “management” substitute “ direction ”;
omit “17,”;
in Schedule 3—
in paragraph 19F(1)(a), for “management” substitute “ direction ”;
in paragraph 20(1), for paragraph (a) substitute—;
in paragraph 20, omit sub-paragraph (2);
in paragraph 21A(3), omit “or 17”;
in paragraph 21A(6)(a), for “15(5)” substitute “ 15(5A) or (5B) ”;
in paragraph 22(3), omit “17 or”;
in paragraph 22(7) and (8), for “within paragraph 19C(1)(a) or (b)” substitute “ to which paragraph 19A applies ”;
in paragraph 23(1)(a), for “management” substitute “ direction ”;
in paragraph 23(13), after “21A(2)” insert “ , (2A) ”;
in paragraph 24(1), omit the “or” at the end of paragraph (a) and omit paragraph (b);
in paragraph 24(2), omit “or (as the case may be) of the copy”;
omit paragraph 24(5A) to (5C);
in paragraph 24(6), omit “or (as the case may be) copy”;
in paragraph 24(11), after “21A(2)” insert “ , (2A) ”;
in paragraph 24A(1), after “21A(2)” insert “ , (2A) ”;
in paragraph 24B(3)(a), for “15(5)” substitute “ 15(5A) or (5B) ”;
in paragraph 25(1), omit the “or” at the end of paragraph (a) and omit paragraph (b);
omit paragraph 27(1)(b) and (3);
in paragraph 27(9)(a), for “(1)(b) or (c)” substitute “ (1)(c) ”;
omit paragraph 28;
in paragraph 28A(1)(a)—
omit “supervised or”;
for “managed” substitute “ directed ”;
in paragraph 28A(2), in the words before paragraph (a), for “an appeal” substitute “ a review ”;
in paragraph 28A(2)(a)—
for “8A” substitute “ 6A ”;
for “appeal” substitute “ review ”;
in paragraph 28A(2)(b) and (3), for “appeal” substitute “ review ”;
in paragraph 28A(4)(b), for “an appeal” substitute “ a review ”;
in paragraph 29, omit the definition of “direction and control matter”.
In the Serious Organised Crime and Police Act 2005—
in Schedule 11, omit paragraphs 3 and 4;
in Schedule 12, omit paragraphs 15, 16(3) and 19.
In the Police and Justice Act 2006, in Part 7 of Schedule 1, omit paragraph 89(4).
In the Criminal Justice and Immigration Act 2008, in Schedule 23, omit paragraphs 5 to 10, 14(5), 13(5) and (6), 17 and 18(3).
In the Police Reform and Social Responsibility Act 2011—
in Schedule 14, omit paragraphs 8(5), 9(2), 10, 13, 14(2), (4) and (5), 16, 17, 18, 19 and 20(3) to (11) and (13);
in Schedule 16, omit paragraph 300(4).
In the Police (Complaints and Conduct) Act 2012, omit section 1(3).
In the Crime and Courts Act 2013, in Part 2 of Schedule 6, omit paragraph 17(3).
In the Anti-social Behaviour, Crime and Policing Act 2014, in Part 3 of Schedule 11, omit paragraph 95(2) to (5).
Schedule to be inserted as Schedule 3A to the Police Reform Act 2002
Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary
Ministry of Defence Police Act 1987 (c. 4)
The Ministry of Defence Police Act 1987 is amended as follows.
Section 3A (regulations relating to disciplinary matters) is amended as follows.
After subsection (1A) insert—
In subsection (2), for “The regulations” substitute “ Regulations under this section ”.
In section 4 (representation etc at disciplinary proceedings), in subsection (4)—
in the definition of “the officer concerned”, after “member” insert “ or, as the case may be, the former member ”;
in the definition of “relevant authority”—
after paragraph (a) insert—;
after paragraph (b) insert—.
In section 4A (appeals against dismissal etc), in subsection (1)(a), after “member” insert “ , or former member, ”.
Regulations made in pursuance of section 3A(1B) of the Ministry of Defence Police Act 1987 (as inserted by paragraph 2)—
may not make provision in relation to a person who ceases to be a member of the Ministry of Defence Police before the coming into force of paragraph 2 of this Schedule;
may make provision in relation to a person who ceases to be a member of the Ministry of Defence Police after the coming into force of paragraph 2 of this Schedule even though the alleged misconduct, inefficiency or ineffectiveness occurred at a time before the coming into force of that paragraph, but only if the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of the Ministry of Defence Police.
Railways and Transport Safety Act 2003 (c. 20)
The Railways and Transport Safety Act 2003 is amended as follows.
In section 36 (police regulations: general), after subsection (1) insert—
In section 37 (police regulations: special constables), after subsection (1) insert—
In section 42 (police regulations by Secretary of State), in subsection (3)—
after “50(3)” insert “ or (3A) ”;
after “51(2A)” insert “ or (2B) ”.
Regulations made under section 36, 37 or 42 of the Railways and Transport Safety Act 2003 that make provision that applies regulations made in pursuance of section 50(3A) or 51(2B) of the Police Act 1996, or that deals with matters that could be dealt with by such regulations, in relation to former constables, and former special constables, of the British Transport Police Force and other persons formerly employed in the service of the British Transport Police Force—
may not make provision that would not be permitted in relation to former members of a police force and former special constables by section 29(7)(a);
may make provision that would be permitted in relation to former members of a police force and former special constables by section 29(7)(b).
Energy Act 2004 (c. 20)
The Energy Act 2004 is amended as follows.
In section 58 (government, administration and conditions of service of Civil Nuclear Constabulary), in subsection (1)(a), after “members” insert “ or former members ”.
In Schedule 13 (directions by Secretary of State about Civil Nuclear Constabulary), paragraph 3 (government, administration and conditions of service) is amended as follows.
After sub-paragraph (2) insert—
Provision made by the Civil Nuclear Police Authority that relates to former members of the Civil Nuclear Constabulary and matters which are the subject of regulations made in pursuance of section 50(3A) of the Police Act 1996—
may not be provision that would not be permitted in relation to former members of a police force and former special constables by section 29(7)(a);
may be provision that would be permitted in relation to former members of a police force and former special constables by section 29(7)(b).
Part to be inserted as Part 4A of the Police Act 1996
Independent Office for Police Conduct
Amendments to Schedule 2 to the Police Reform Act 2002
Introductory
Schedule 2 to the Police Reform Act 2002 is amended in accordance with this Part of this Schedule (see also paragraph 55 below for further minor and consequential amendments).
Director General
Paragraph 1 (chairman) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (2) for “chairman of the Commission” substitute “ Director General ”.
In sub-paragraph (3)—
for “chairman of the Commission” substitute “ Director General ”;
for “chairman” substitute “ Director General ”.
In sub-paragraph (4)—
for “chairman of the Commission” substitute “ Director General ”;
for “chairman” substitute “ Director General ”.
In sub-paragraph (5) for “chairman” substitute “ Director General ”.
Appointment etc of members
After paragraph 1 insert—
Paragraph 2 (ordinary members of the Commission) is amended as follows.
In sub-paragraph (1) for “an ordinary” substitute “ a non-executive ”.
Omit sub-paragraph (2).
In sub-paragraph (3) for “an ordinary” substitute “ a non-executive ”.
In sub-paragraph (4)—
for “an ordinary”, in both places, substitute “ a non-executive ”;
for “five” substitute “ three ”.
In sub-paragraph (5)—
for “An ordinary” substitute “ A non-executive ”;
for “his office as a member of the Commission” substitute “ from being a non-executive member of the Office ”.
In sub-paragraph (6)—
for “an ordinary” substitute “ a non-executive ”;
omit paragraph (b).
Omit sub-paragraph (8).
After paragraph 2 insert—
Omit paragraph 3 (deputy chairmen) (including the italic heading before that paragraph).
Omit paragraph 5 (chief executive) (including the italic heading before that paragraph).
Vacancy or incapacity in office of Director General
After paragraph 3 insert—
Remuneration arrangements
Paragraph 4 (remuneration, pensions etc of members) is amended as follows.
In sub-paragraph (1), for the words from “the chairman” to the end substitute “ the Director General as the Secretary of State may determine ”.
In sub-paragraph (2)—
in paragraph (a), for “chairman, deputy chairman or member of the Commission” substitute “ Director General ”;
in the words after paragraph (b) for “Commission” substitute “ Office ”.
After sub-paragraph (2) insert—
Staff
Paragraph 6 (staff) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (2) for “Commission”, in both places, substitute “ Office ”.
In sub-paragraph (3)—
for “Commission” substitute “ Office ”;
after “staffing” insert “ (including arrangements in relation to terms and conditions and management of staff) ”;
for “it” substitute “ the Director General ”.
In sub-paragraph (4)—
for “Commission”, in the first place, substitute “ Office ”;
for “Commission”, in the second place, substitute “ Director General ”.
After sub-paragraph (4) insert—
In sub-paragraph (5) for “by the Commission of its” substitute “ of the ”.
Delegation of functions
After paragraph 6 insert—
Protection from personal liability
After paragraph 7 insert—
Regional offices
For paragraph 9 (power of Commission to set up regional offices) substitute—
Proceedings
In paragraph 10 (proceedings), after sub-paragraph (1) insert—
Minor and consequential amendments to the Police Reform Act 2002
The Police Reform Act 2002 is amended in accordance with this Part of this Schedule.
For the italic heading before section 9, substitute “ The Independent Office for Police Conduct ”.
Section 10 (general functions of the Commission) is amended as follows.
In subsection (1)(a) omit “itself”.
In subsection (1)(e) for “its” substitute “the Director General's”.
In subsection (1)(f) for “it” substitute “ the Director General ”.
In subsection (3) for “it” substitute “ the Director General ”.
In subsection (3A) (as inserted by this Act), for “it” substitute “ the Director General ”.
In subsection (3B) (as inserted by this Act), for “it” substitute “ the Director General ”.
In subsection (4), in paragraph (a)—
for “it”, in both places, substitute “ the Director General ”;
for “its” substitute “the Director General's”.
In subsection (6)—
for “it” substitute “ the Director General ”;
for “its” substitute “the Director General's”.
In subsection (7)—
for “it”, in both places, substitute “ the Director General ”;
for “its”, in both places, substitute “the Director General's”.
Section 11 (reports to the Secretary of State) is amended as follows.
In subsection (1)—
for “its”, in the first place it occurs, substitute “the Office's”;
for “Commission shall” substitute “ Director General and the Office must jointly ”;
for “its”, in the second place it occurs, substitute “ their ”.
For subsection (2) substitute—
After subsection (2) insert—
In subsection (3)—
for “Commission” substitute “ Office ”;
for “Commission's” substitute “Office's”.
After subsection (3) insert—
In subsection (4)—
for “Commission” substitute “ Director General ”;
for “it”, in both places, substitute “ the Director General ”;
for “its” substitute “the Director General's”.
In subsection (6) for “Commission” substitute “ Office ”.
After subsection (6) insert—
In subsection (7) for “Commission”, in both places, substitute “ Office ”.
In subsection (8)—
after “subsection” insert “ (2A) or ”;
for “Commission” substitute “ Director General or the Office (as the case may be) ”.
In subsection (9)—
after “subsection” insert “ (2A) or ”;
for “Commission” substitute “ Director General or the Office (as the case may be) ”.
In subsection (10) for “Commission” substitute “ Director General ”.
In subsection (11)—
for “Commission”, in each place, substitute “ Director General ”;
for “it” substitute “ the Director General ”;
for “(3)” substitute “ (2A) ”.
After subsection (11) insert—
In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (6)(a) for “Commission” substitute “ Director General ”.
Section 13B (power of the Commission to require re-investigation) (as inserted by this Act) is amended as follows.
For “Commission”, in each place (including the heading), substitute “ Director General ”.
In subsection (1)—
for “it”, in both places, substitute “ the Director General ”;
in paragraph (b), before “under” insert “ (or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General) ”.
In subsection (2) for “it” substitute “ the Director General ”.
In subsection (3) for “it” substitute “ the Director General ”.
In subsection (10)—
for “it” substitute “ the Director General ”;
for “its” substitute “the Director General's”.
In subsection (11)—
for “it” substitute “ the Director General ”;
for “its” substitute “the Director General's”.
Section 15 (general duties of local policing bodies, chief officers and inspectors) is amended as follows.
In subsection (3), in the words after paragraph (c) after “Director General” insert “ of the Agency ”.
In subsection (4)—
for “Commission”, in each place, substitute “ Director General ”;
for “Commission's” substitute “Office's”.
Section 16 (payment for assistance with investigations) is amended as follows.
For “Commission”, in each place except as mentioned in sub-paragraph (3), substitute “ Director General ”.
In subsection (4), for “the Commission”, in the second place where it occurs, substitute “ Office ”.
In subsection (5)(b), after “Director General” insert “ of that Agency ”.
Section 17 (provision of information to the Commission) is amended as follows.
For “Commission”, in each place (including the heading), substitute “ Director General ”.
In subsection (2)—
for “it” substitute “ the Director General ”;
for “its” substitute “the Director General's”.
Section 18 (inspections of police premises on behalf of the Commission) is amended as follows.
For “Commission”, in each place (including the heading and provisions inserted by amendments made by this Act), substitute “ Director General ”.
In subsection (2)(b), for “its” substitute “the Director General's”.
Section 19 (use of investigatory powers by or on behalf of the Commission) is amended as follows.
In the heading, for “Commission” substitute “ Director General ”.
In subsection (1), for “Commission's” substitute “Director General's”.
Section 20 (duty to keep complainant informed) is amended as follows.
For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “ Director General ”.
In subsection (1)(b) for “its” substitute “the Director General's”.
In subsection (3) for “it”, where it occurs after “as”, substitute “ the Director General ”.
In subsection (8A) (as inserted by this Act)—
for “its” substitute “ their ”;
after “submitted”, in the first place it occurs, insert “ (or finalised) ”;
after “submitted”, in the second place it occurs, insert “ (or completed) ”.
In subsection (9) for “its” substitute “ their ”.
Section 21 (duty to provide information for other persons) is amended as follows.
For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “ Director General ”.
In subsection (6)(b) for “its” substitute “the Director General's”.
In subsection (8) for “it”, where it occurs after “as”, substitute “ the Director General ”.
In subsection (11A) (as inserted by this Act)—
for “its” substitute “ their ”;
after “submitted”, in the first place it occurs, insert “ (or finalised) ”;
after “submitted”, in the second place it occurs, insert “ (or completed) ”.
In section 21A (restriction on disclosure of sensitive information) (as inserted by this Act), for “Commission”, in each place, substitute “ Director General ”.
In section 21B (provision of sensitive information to the Commission and certain investigators) (as inserted by this Act), for “Commission”, in each place (including the heading), substitute “ Director General ”.
Section 22 (power of the Commission to issue guidance) is amended as follows.
For “Commission”, in each place (including the heading), substitute “ Director General ”.
In subsection (3)(c) for “it” substitute “ the Director General ”.
Section 23 (regulations) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In subsection (2)(i) for “its” substitute “ the Director General ”.
In subsection (2)(o) for “it” substitute “ the Director General or the Office ”.
In section 24 (consultation on regulations), for paragraph (a) substitute—.
In section 26 (forces maintained otherwise than by local policing bodies), for “Commission”, in each place, substitute “ Director General ”.
In section 26BA (College of Policing), for “Commission”, in both places, substitute “ Director General ”.
Section 26C (the National Crime Agency) is amended as follows.
In subsection (1)—
for “Independent Police Complaints Commission” substitute “ Director General ”;
before “and other” insert “ of the National Crime Agency ”.
In subsection (2) for “Independent Police Complaints Commission” substitute “ the Office or in respect of its Director General ”.
In subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “ Director General ”.
In subsection (5)—
for “Independent Police Complaints Commission” substitute “ Director General ”;
for “Commission's”, in both places, substitute “Director General's”;
for “Commission” substitute “ Director General ”.
In subsection (6) for “Independent Police Complaints Commissioner” substitute “ Director General ”.
In subsection (9) after “Director General” insert “ of the National Crime Agency ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 27 (conduct of the Commission's staff) is amended as follows.
For “Commission's”, in each place (including the heading), substitute “Office's”.
In subsection (4) for “Commission” substitute “ Office and the Director General ”.
Omit section 28 (transitional arrangements in connection with establishing Commission etc).
The repeal of section 28 does not affect an order made under that section before its repeal or the power under that section to revoke or amend any such order.
Section 28A (application of Part 2 to old cases) is amended as follows.
For “Commission”, in each place other than in subsection (3) of that section, substitute “ Director General ”.
In subsection (1), for “it” substitute “ the Director General ”.
In subsection (4), for “it” substitute “ the Director General ”.
Section 29 (interpretation of Part 2) is amended as follows.
In subsection (1)—
omit the definition of “the Commission”;
after the definition of “death or serious injury matter” insert—;
before the definition of “person complained against” insert—.
In subsection (6)—
for “Commission”, in each place, substitute “ Director General ”;
omit “itself”.
In section 29C (regulations about super-complaints) (as inserted by this Act), in subsection (3) for “Independent Police Complaints Commission”, in both places, substitute “ Director General of the Independent Office for Police Conduct ”.
Section 29D (power to investigate concerns raised by whistle-blowers) (as inserted by this Act) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In subsection (1) for “it” substitute “ the Director General ”.
Section 29E (Commission's powers and duties where it decides not to investigate) (as inserted by this Act) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In the heading—
for “Commission's” substitute “Director General's”;
for “where it decides” substitute “ on decision ”.
Section 29F (special provision for “conduct matters”) (as inserted by this Act) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In subsection (2)—
or “it”, in both places, substitute “ the Director General ”;
for “its” substitute “ the ”.
Section 29G (special provision for “DSI matters”) (as inserted by this Act) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In subsection (2), for “it”, in both places, substitute “ the Director General ”.
Section 29H (Commission's powers and duties where whistle-blower is deceased) (as inserted by this Act) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In the heading for “Commission's” substitute “Director General's”.
In subsection (1) for “it” substitute “ the Director General ”.
In section 29I (duty to keep whistle-blowers informed) (as inserted by this Act), in subsection (1)—
for “Commission” substitute “ Director General ”;
for “it” substitute “ the Director General ”.
In section 29J (protection of anonymity of whistle-blowers) (as inserted by this Act) for “Commission”, in both places, substitute “ Director General ”.
In section 29K (other restrictions on disclosure of information) (as inserted by this Act), for “Commission”, in both places, substitute “ Director General ”.
In section 29L (application of provisions of Part 2) (as inserted by this Act), for “Commission”, in each place, substitute “ Director General ”.
In section 29M (regulation-making powers: consultation) (as inserted by this Act), for “Commission” substitute “ Director General ”.
In section 29N (interpretation) (as inserted by this Act), in subsection (1)—
omit the definition of “the Commission”;
after the definition of “conduct” insert—.
In section 36 (conduct of disciplinary proceedings), in subsection (1)(a) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
In section 105 (powers of Secretary of State to make orders and regulations), in subsection (5) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
Schedule 2 (the Independent Police Complaints Commission) is amended as follows.
For the title to the Schedule substitute “ The Independent Office for Police Conduct ”.
For the italic heading before paragraph 1 substitute “ Director General ”.
For the italic heading before paragraph 2 substitute “ Terms of appointment etc: non-executive members ”.
In paragraph 7—
for “Commission”, in each place, substitute “ Office ”;
for “chairman or as a deputy chairman of the Commission” substitute “ Director General ”;
omit “or as a member of it”.
In paragraph 8—
for “Commission”, in both places, substitute “ Office ”;
for “Commission's”, in both places, substitute “Office's”.
In the heading before paragraph 9 omit “of Commission”.
In paragraph 10—
for “Commission”, in each place, substitute “ Office ”;
for “Commission's”, in each place, substitute “Office's”;
in sub-paragraph (5)(c) omit “by the chief executive or”.
In paragraph 11—
for “Commission”, in each place, substitute “ Office ”;
in paragraph (a) for “chairman, a deputy chairman” substitute “ Director General ”;
in paragraph (b) for “chairman” substitute “ Director General ”.
In the italic heading before paragraph 12, for “Commission's” substitute “Office's”.
In paragraph 12—
in the words before paragraph (a), for “Commission” substitute “ Office ”;
in paragraph (a) for “Commission” substitute “ Office ”;
in paragraph (b) for “Commission” substitute “ Director General ”.
In paragraph 13 for “Commission” substitute “ Office ”.
In paragraph 14—
for “Commission” substitute “ Office ”;
in paragraph (b) for “by it in the carrying out of its functions” substitute “ in the carrying out of its or the Director General's functions ”.
In the italic heading before paragraph 15, for “Commission” substitute “ Office ”.
In paragraph 15(1)—
for “Commission” substitute “ Office ”;
after “its” insert “or the Director General's”.
In paragraph 16 for “Commission” substitute “ Office ”.
In paragraph 17 for “Commission”, in each place, substitute “ Office ”.
In the italic heading before paragraph 18, for “Commission” substitute “ Office ”.
In paragraph 18 for “Commission”, in both places, substitute “ Office ”.
Schedule 3 is amended as follows.
For “Commission”, in each place where it occurs, substitute “ Director General ”.
For “Commission's”, in each place where it occurs, substitute “Director General's”.
For “it”, in each place where it occurs and is used as a pronoun in place of “the Commission”, substitute “ the Director General ”.
For “its”, in each place where it occurs and is used to mean “the Commission's”, substitute “the Director General's”.
The amendments made by virtue of sub-paragraphs (2) to (5)—
include amendments of provisions of Schedule 3 that are inserted, or otherwise amended, by other provisions of this Act (whether or not those other provisions come into force before or after the coming into force of this paragraph);
do not apply if otherwise provided by another provision of this paragraph.
In paragraph 19 (investigations by the Commission itself)—
in the heading omit “itself”;
in sub-paragraph (1) omit “itself”;
for sub-paragraph (2) substitute—;
in sub-paragraph (4) for “member of the Commission's staff” substitute “ person ”;
in sub-paragraph (5) for “member of the Commission's staff” substitute “ person designated under sub-paragraph (2) ”;
in sub-paragraph (6) for “members of the Commission's staff” substitute “ persons ”;
in sub-paragraph (6A) for “member of the Commission's staff” substitute “ the Director General or a member of the Office's staff ”.
In paragraph 19ZH (further provision about things retained under paragraph 19ZG) (as inserted by this Act)—
in sub-paragraph (2) for “Commission's” substitute “Office's”;
in sub-paragraph (4)(a) for “Commission's” substitute “Office's”.
In paragraph 19A (as substituted by this Act), in sub-paragraphs (2)(b) and (7)(a) after “ investigating ” insert “ or, in the case of an investigation by a designated person under paragraph 19, the Director General, ”.
In paragraph 19F (interview of persons serving with police etc during certain investigations), in sub-paragraph (1)(b) for “the Commission itself” substitute “ a person designated under paragraph 19 (investigations by Director General) ”.
In paragraph 20 (restrictions on proceedings pending conclusion of investigation), in sub-paragraph (1)(b) at the end insert “ or, where under paragraph 19 the Director General has personally carried out the investigation, a report has been completed by the Director General ”.
In paragraph 20A (as substituted by this Act)—
in sub-paragraph (1)(a) after “investigating” insert “ or, in the case of an investigation by a designated person under paragraph 19, the Director General, ”;
in sub-paragraph (3) after “and” insert “ (where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally) ”;
in sub-paragraph (4)(b) after “investigation” insert “ or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one, ”.
In paragraph 21A (procedure where conduct matter is revealed during investigation of DSI matter)—
in sub-paragraph (1), omit “or designated under paragraph 19”;
after sub-paragraph (2A) (as inserted by this Act), insert—;
in sub-paragraph (5), after paragraph (a) insert—.
In paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—
for sub-paragraph (5) substitute—;
in sub-paragraph (6) after “submitting” insert “ or, in the case of an investigation under paragraph 19 by the Director General personally, completing ”;
in sub-paragraph (8) after “submitted” insert “ or, in the case of an investigation under paragraph 19 by the Director General personally, completed ”.
In the italic heading before paragraph 23 (action by the Commission in response to investigation reports), for “response” substitute “ relation ”.
In paragraph 23—
in sub-paragraph (1)(b) before “under” insert “ , or is otherwise completed, ”;
in sub-paragraph (1A) (as inserted by this Act), after “submission” insert “ or completion ”;
in each of the following places, after “receipt of the report” insert “ (or on its completion by the Director General) ”
sub-paragraph (2);
sub-paragraph (5A) (as inserted by this Act);
sub-paragraph (5F) (as inserted by this Act);
in sub-paragraph (13), before “or (4)” insert “ , (2B) ”.
In paragraph 24 (action by appropriate authority in response to an investigation report), in sub-paragraph (11) before “or (4)” insert “ , (2B) ”.
In paragraph 24A (final reports on investigations: other DSI matters)—
in sub-paragraph (1), before “or (4)” insert “ , (2B) ”;
after sub-paragraph (2) insert—;
in sub-paragraph (3) for “this paragraph” substitute “ sub-paragraph (2) or completing one under sub-paragraph (2A) ”;
in sub-paragraph (4) after “receipt of the report” insert “ (or on its completion by the Director General) ”;
in sub-paragraph (5) (as inserted by this Act) after “receipt of the report” insert “ (or on its completion by the Director General) ”;
in sub-paragraph (6) (as inserted by this Act)—
after “sub-paragraph (2)” insert “ or completed under sub-paragraph (2A) ”;
after “submission” insert “ or completion ”.
In the italic heading before paragraph 24B (action by the Commission in response to an investigation report under paragraph 24A), for “response” substitute “ relation ”.
In paragraph 28ZA (recommendations by the Commission or a local policing body) (as inserted by this Act), in sub-paragraph (3)(b), after “submission” insert “ or completion ”.
In paragraph 28A (recommendations by the Commission)—
in sub-paragraph (1)—
after “received a report” insert “ (or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally) ”;
in paragraph (b) for “Commission itself” substitute “ or on behalf of the Director General ”;
in paragraph (c) after “24A(2)” insert “ or (2A) ”;
in sub-paragraph (4)(a) after “receipt” insert “ or completion ”.
In paragraph 28B (response to recommendation), in sub-paragraph (12) (as inserted by this Act) after “received a report on” insert “ (or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally) ”.
In paragraph 19B (assessment of seriousness of conduct under investigation), in sub-paragraph (1) after “investigating” insert “ or, in the case of an investigation by a designated person under paragraph 19, the Director General, ”.
In paragraph 20A (accelerated procedure in special cases)—
in sub-paragraph (1)—
for “his” substitute “ an ”;
after “conduct matter” insert “ or, in the case of an investigation by a designated person under paragraph 19, the Director General, ”;
for “he” substitute “ the person investigating ”;
in sub-paragraph (3) for “his belief” substitute “ the belief referred to in sub-paragraph (1) ”.
In paragraph 21 (power to discontinue an investigation), in sub-paragraph (4)(b) omit “itself”.
In paragraph 23 (action by the Commission in response to an investigation report), in sub-paragraph (6) after “receipt of the report” insert “ (or on its completion by the Director General) ”.
Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows.
For “Commission”, in each place, substitute “ Director General ”.
In paragraph 1(1)—
after “, (2)” insert “ , (2A) ”;
omit “itself”.
In paragraph 4(1)—
in the words before paragraph (a), for “it appears to the person in charge” substitute “ the Director General determines ”;
for the words after paragraph (b) substitute “ the Director General must proceed under sub-paragraph (2) ”.
For paragraph 4(2) substitute—
In paragraph 5(1)—
for “it appears to the person in charge” substitute “ the Director General determines ”;
for “the person must make a submission to that effect to the Commission” substitute “ the Director General must proceed under sub-paragraph (2) ”.
For paragraph 5(2) substitute—
After paragraph 6(1) insert—
In paragraph 6(2)(a) for “the report” substitute “ a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) ”.
In paragraph 7(1) after “paragraph 6” insert “ (1) or on its completion by the Director General under paragraph 6(1A) ”.
Other minor and consequential amendments
Superannuation Act 1972 (c. 11)
In Schedule 1 to the Superannuation Act 1972—
in the list of entries under the heading “Royal Commissions and other Commissions”, omit the entry relating to the Independent Police Complaints Commission;
in the list of entries under the heading “Other Bodies”, insert at the appropriate place— “ The Independent Office for Police Conduct. ”;
in the list of entries under the heading “Offices”, omit the entries relating to—
the Chairman of the Independent Police Complaints Commission;
the Commissioners of the Independent Police Complaints Commission;
the Deputy Chairman of the Independent Police Complaints Commission.
House of Commons Disqualification Act 1975 (c. 24)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place— “ The Independent Office for Police Conduct. ”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place— “ The Independent Office for Police Conduct. ”
Police Pensions Act 1976 (c. 35)
In section 11 of the Police Pensions Act 1976 (interpretation), in subsection (2A)(ba) for “Independent Police Complaints Commission” substitute “ Independent Office for Police Conduct ”.
Ministry of Defence Police Act 1987 (c. 4)
The Ministry of Defence Police Act 1987 is amended as follows.
In section 3A (regulations relating to disciplinary matters), in subsections (1B)(a), (1F) and (1G) (as inserted by this Act) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
In section 4 (representation etc at disciplinary proceedings), in subsection (5)(a) for “Independent Police Complaints Commission” substitute “ Independent Office for Police Conduct ”.
Aviation and Maritime Security Act 1990 (c. 31)
In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)(i) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
Police Act 1996 (c. 16)
The Police Act 1996 is amended as follows.
In the following provisions, for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”
section 50(3A)(a), (3E) and (3F) (regulation of police forces) (as inserted by this Act);
section 51(2B)(a), (2F) and (2G) (regulations for special constables) (as inserted by this Act);
section 87(1) (guidance concerning disciplinary proceedings etc) (as amended by this Act).
In the following provisions, for “Independent Police Complaints Commission” substitute “ Independent Office for Police Conduct ”
section 84(5) (representation etc at disciplinary and other proceedings);
section 88C(5)(d) (effect of inclusion in police barred list) (as inserted by this Act);
section 88K(3)(d) (effect of inclusion in police advisory list) (as inserted by this Act).
In section 54(2D) (appointment and functions of inspectors of constabulary)—
in paragraph (a)—
for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct (“the Director General”) ”;
for “that Commission” substitute “ the Director General ”;
in paragraph (b)—
for “that Commission”, in both places, substitute “ the Director General ”;
for “its” substitute “ his or her ”.
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place— “ The Director General of the Independent Office for Police Conduct. ” “ The Independent Office for Police Conduct. ”
Fire and Rescue Services Act 2004 (c. 21)
In section 4K of the Fire and Rescue Services Act 2004 (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
The Commissions for Revenue and Customs Act 2005 is amended as follows.
In section 18 (confidentiality), in subsection (2)(g)—
for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”;
for “its” substitute “the Director General's”.
In section 28 (complaints and misconduct: England and Wales)—
in subsection (1), for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct (“the Director General”) ”;
in subsection (2)—
for “Independent Police Complaints Commission”, in both places, substitute “ Director General ”;
for “its” substitute “the Director General's”;
in subsection (3) for “Independent Police Complaints Commission” substitute “ Director General ”;
in subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “ Director General ”.
In section 29 (confidentiality etc), in subsection (3)—
in the words before paragraph (a), for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”;
for “its” substitute “the Director General's”;
in paragraph (a), for “Commission” substitute “ Director General ”;
in paragraph (b), for “Commission” substitute “ Director General ”.
Police and Justice Act 2006 (c. 48)
In section 41 of the Police and Justice Act 2006 (immigration and asylum enforcement functions and customs functions: complaints and misconduct)—
in subsection (1) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct (“the Director General”) ”;
in subsection (2A) for “Independent Police Complaints Commission” substitute “ Director General ”;
in subsection (3) for “Independent Police Complaints Commission” substitute “ Director General ”;
in subsection (4)(b), for “Independent Police Complaints Commission” substitute “ Director General ”;
in subsection (5) for “Independent Police Complaints Commission” substitute “ Director General ”;
in subsection (6) for “Independent Police Complaints Commission”, in both places, substitute “ Director General ”.
In the italic heading before that section for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
In section 107EE of the Local Democracy, Economic Development and Construction Act 2009 (section 107EA orders: complaints and conduct matters etc) (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
Coroners and Justice Act 2009 (c. 25)
In section 47 of the Coroners and Justice Act 2009 (meaning of “interested person”)—
in subsection (2)(k) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”;
in subsection (5) for “Independent Police Complaints Commission” substitute “ Director General of the Independent Office for Police Conduct ”.
Equality Act 2010 (c. 15)
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Police” omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place— “ The Director General of the Independent Office for Police Conduct. ” “ The Independent Office for Police Conduct. ”
Police Reform and Social Responsibility Act 2011 (c. 13)
The Police Reform and Social Responsibility Act 2011 is amended as follows.
In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds), for “Independent Police Complaints Commission” substitute “ Independent Office for Police Conduct ”.
In Schedule 7 (regulations about complaints and conduct matters), for “Independent Police Complaints Commission”, in each place, substitute “ Director General of the Independent Office for Police Conduct. ”
Investigatory Powers Act 2016
The Investigatory Powers Act 2016 is amended as follows.
for “the Independent Police Complaints Commission” substitute “ the Director General of the Independent Office for Police Conduct ”;
for “its functions” substitute “ the Director General's functions ”.
In section 106 (power to issue warrants to law enforcement officers), in subsection (11)—
for “the chairman, or a deputy chairman, of the Independent Police Complaints Commission” substitute “ the Director General of the Independent Office for Police Conduct ”;
omit “by the Commission”.
In section 107 (restriction on issue of warrants to certain law enforcement officers), in subsection (2), for paragraph (h) substitute—.
for “the Independent Police Complaints Commission” substitute “ the Director General of the Independent Office for Police Conduct ”;
for “its functions” substitute “ the Director General's functions ”.
In Schedule 4 (relevant public authorities and designated senior officers), in Part 1—
omit the entry relating to the Independent Police Complaints Commission;
after the entry relating to the Office of Communications insert—
Schedule to be inserted as Schedule 3B to the Police Reform Act 2002
Schedule to be inserted as Schedule 3C to the Police Reform Act 2002
Powers of civilian staff and volunteers: further amendments
Amendments of the Police Reform Act 2002
Section 38B (police powers for civilian employees under collaboration agreements) is amended as follows.
In subsection (1)(a), after “civilian employee of” insert “ , or a police volunteer with, ”.
In subsection (10)—
for “civilian employees of the assisting force” substitute “ persons designated under section 38 by the chief officer of police of the assisting force ”;
for “section 23B” substitute “ section 23AA ”.
Section 42 (supplementary provisions relating to designations and accreditations) is amended as follows.
Omit subsections (A1) to (C1) and (1A).
In subsection (2A), for “investigating officer”, in each place where it occurs, substitute “ policing support officer or policing support volunteer ”.
In subsection (2B), for “ “investigating officer” means a person designated as an investigating officer” substitute “ “policing support officer” and “policing support volunteer” mean (respectively) a person designated as a policing support officer or (as the case may be) a policing support volunteer”.
After subsection (7A) insert—
Omit section 45 (code of practice relating to chief officers' powers under Chapter 1).
In section 105 (powers of Secretary of State to make orders and regulations), in subsection (3)(b)—
for “any order that is” substitute “ any order or regulations that are ”;
after “section 19(3),” insert “ 38(9C), ”;
omit “, 38A(4)”;
omit “or paragraph 15A(2) of Schedule 4”.
Schedule 4 is amended as follows.
For the heading to the Schedule substitute “ Powers exercisable by contracted-out staff ”.
Omit Parts 1 and 2.
In Part 5, in paragraph 36—
omit sub-paragraphs (2) and (2A);
omit sub-paragraph (3A).
Other amendments
Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) is amended as follows.
In paragraph 31(2)—
after “community support officer” insert “ or community support volunteer ”;
in the words in brackets, after “employees” insert “ or volunteers ”.
In paragraph 32(5)—
after “community support officer” insert “ or community support volunteer ”;
in the words in brackets, after “employees” insert “ or volunteers ”.
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 55 (intimate searches), in subsection (17), in the definition of “appropriate officer”, omit paragraph (b).
In section 64A (photographing of suspects etc), in subsection (1B)—
in paragraph (c), for “with a community support officer under paragraph 2(3) or (3B) of Schedule 4” substitute “ with a community support officer or a community support volunteer under paragraph 7 of Schedule 3B ”;
for paragraph (e) substitute—.
In section 67 (codes of practice - supplementary), in subsection (9A)(a), in the words in brackets, after “civilian staff” insert “ and volunteers ”.
The Police Act 1996 is amended as follows.
In section 23AA (force collaboration provision about civilian employees)—
in subsection (1), for “designated civilian employees of one police force” substitute “ persons designated under section 38 of the Police Reform Act 2002 (“designated persons”) by the chief officer of one police force ”;
in subsection (2), for “designated civilian employees” (in both places where it occurs) substitute “ designated persons ”;
in subsection (3)—
for “designated civilian employees” substitute “ designated persons ”;
for “those employees” substitute “ those persons ”;
in subsection (4), for “designated civilian employees” substitute “ designated persons ”;
in subsection (5) —
in the opening words, for “civilian employees of the assisting force” substitute “ persons designated under section 38 of the Police Reform Act 2002 by the chief officer of the assisting force ”;
in each of paragraphs (a) to (c), for “civilian employees” substitute “ designated persons ”;
in subsection (6), omit the definition of “designated”;
in that subsection, in the definition of “relevant section 38 designation”—
for “designated civilian employee” substitute “ designated person ”;
for “the employee” substitute “ the person ”.
In section 23I(7) (collaboration agreements: definition)—
omit the “and” at the end of paragraph (a);
at the end of paragraph (b), insert.
In the Crime and Disorder Act 1998, in section 66H (interpretation of Chapter 1), in paragraph (c), for “an investigating officer” substitute “ a policing support officer or a policing support volunteer ”.
In the Representation of the People Act 2000, in Schedule 4 (absent voters in Great Britain), in paragraph 2(5ZA)—
after “community support officer” insert “ or community support volunteer ”;
in the words in brackets, after “employees” insert “ or volunteers ”.
In the Terrorism Act 2000, in section 47AE (effect of code), in subsection (5), omit “paragraph 15 of Schedule 4 to the Police Reform Act 2002 or”.
In the Private Security Industry Act 2001, in Schedule 2 (activities liable to control under the Act), in paragraph 2, for sub-paragraph (7)(f) substitute—.
In the Anti-social Behaviour Act 2003 omit the following—
section 46(1);
The Criminal Justice Act 2003 is amended as follows.
In section 27 (interpretation), in the definition of “investigating officer”, for “an investigating officer” substitute “ a policing support officer or a policing support volunteer ”.
In Schedule 1, omit paragraphs 17 to 19.
Section 28 of the Railways and Transport Safety Act 2003 (exercise of powers by civilians) is amended as follows.
In subsection (1)—
in paragraph (a), in the words in brackets, at the end insert “ and volunteers ”;
omit paragraph (aa);
omit paragraph (d);
omit the “and” after paragraph (f);
after paragraph (f) insert—;
in paragraph (g), in the words in brackets, for “civilians” substitute “ contracted-out staff ”.
In subsection (2)—
omit paragraph (e);
in paragraph (f), for “Schedule 4” substitute “ Schedules 3C and 4 ”.
In the Serious Organised Crime and Police Act 2005—
omit section 122(3);
in Schedule 8, omit paragraphs 1 to 15;
in Schedule 9, omit paragraphs 2 to 6;
in Schedule 13, omit paragraph 13.
In the Violent Crime Reduction Act 2006, omit section 24(6).
In the Education and Inspections Act 2006, omit the following—
section 108(7).
The Police and Justice Act 2006 is amended as follows.
In Schedule 5, omit paragraphs 2(3) and (4), 3 and 5(2) to (9).
In Schedule 14, omit paragraph 48.
In the Local Government and Public Involvement in Health Act 2007—
omit section 133(2);
in Schedule 6, omit paragraph 4(1).
In the UK Borders Act 2007, omit section 47.
In the Local Transport Act 2008, in Schedule 4, omit paragraph 65.
In the Local Democracy, Economic Development and Construction Act 2009, in Schedule 6, omit paragraph 116.
In the Policing and Crime Act 2009, in Schedule 7, omit paragraph 125(3)(b).
In the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraphs 292(3), 293, 298 and 303.
In the Protection of Freedoms Act 2012, in Schedule 9, omit paragraph 30.
In the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in Schedule 23, omit paragraph 14(3).
In the Local Government Byelaws (Wales) Act 2012 (anaw 2), omit section 17(2).
In the Anti-social Behaviour, Crime and Policing Act 2014, omit the following—
section 40;
section 69;
in Schedule 11, paragraph 32.
In the Psychoactive Substances Act 2016, in Schedule 5, omit paragraph 3.
Minor correcting amendments
The Police Reform Act 2002 is amended as follows.
In section 50 (persons acting in an anti-social manner), in subsection (1), for “has been acting, or is acting, in an anti-social manner” substitute “ has engaged, or is engaging, in anti-social behaviour ”.
In consequence of the amendment made by sub-paragraph (2), in the heading of the section, for “acting in an anti-social manner” substitute “ engaging in anti-social behaviour ”.
In Schedule 5, in paragraph 3, the existing text becomes sub-paragraph (1).
In that sub-paragraph, for the words from “to have been acting” to “(anti-social behaviour orders))” substitute “ to have been engaging, or to be engaging, in anti-social behaviour ”.
After that sub-paragraph insert—
In consequence of the amendment made by sub-paragraph (5), in the italic heading before paragraph 3, for “acting in an anti-social manner” substitute “ engaging in anti-social behaviour ”.
Abolition of office of traffic warden
Chronically Sick and Disabled Persons Act 1970 (c.44)
In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), in subsection (4BB), omit paragraph (a).
Aviation Security Act 1982 (c.36)
In section 29 of the Aviation Security Act 1982 (control of road traffic at relevant aerodromes), in subsection (2)—
at the beginning insert “ In the application of this Part to Scotland and Northern Ireland, ”;
in paragraph (a), for the words from “the chief officer of police” to “(in any other case)” substitute “ the police authority ”.
Road Traffic Offenders Act 1988 (c.53)
In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in Part 1, in the fifth column of the entry relating to section 35 of the Road Traffic Act 1988, for “traffic officer or traffic warden” substitute “ or traffic officer ”.
Greater London Authority Act 1999 (c.29)
In the Greater London Authority Act 1999, omit section 290 (exercise by traffic wardens of functions of parking attendants).
Police Reform Act 2002 (c.30)
In the Police Reform Act 2002, omit section 44 (removal of restriction on powers conferred on traffic wardens).
Police Reform and Social Responsibility Act 2011 (c.13)
In Schedule 16 to the Police Reform and Social Responsibility Act 2011 (minor and consequential amendments), omit paragraphs 166(2) and 167(3).
Removal of references to ACPO
Replacement of definition of ACPO with definition of NPCC
Section 101(1) of the Police Act 1996 is amended as follows.
Omit the definition of “the Association of Chief Police Officers”.
After the definition of “national or international functions” insert—.
Repeal of references to ACPO
The Police Reform Act 2002 is amended as follows.
Omit section 96.
In section 106 omit the definition of “the Association of Chief Police Officers”.
The Police and Justice Act 2006 is amended as follows.
In the heading of section 6 for “and ACPO” substitute “ and body representing chief officers of police ”.
Schedule 4 is amended as follows—
omit paragraph 2;
omit paragraph 6;
omit paragraph 8;
omit paragraph 17;
omit paragraph 18.
Substitution of references to NPCC for references to ACPO
In each of the provisions listed in paragraph 5 for “the Association of Chief Police Officers of England, Wales and Northern Ireland” substitute “the National Police Chiefs' Council”.
The provisions mentioned in paragraph 4 are—
section 67(4)(b) of the Police and Criminal Evidence Act 1984;
section 21A(4)(za) of the Criminal Procedure and Investigations Act 1996;
section 6(2)(b) of the Police and Justice Act 2006.
In each of the provisions listed in paragraph 7 for “the Association of Chief Police Officers” substitute “the National Police Chiefs' Council”.
The provisions mentioned in paragraph 6 are—
section 42B(2)(b) of the Firearms Act 1968;
section 18B(2)(b) of the Firearms (Amendment) Act 1988;
section 35A(2)(b) of the Firearms (Amendment) Act 1997;
section 70(2)(j) of the Courts Act 2003;
section 31(3)(a) of the Crime and Security Act 2010;
Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994
Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994
Cross-border enforcement: minor and consequential amendments
Amendments of Part 10 of the Criminal Justice and Public Order Act 1994
Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement) is amended in accordance with paragraphs 2 to 8.
Powers of constables of PSNI etc under section 137
Section 137 (cross-border powers of arrest etc.) is amended as follows.
In subsection (3), for “the conditions applicable to this subsection are satisfied” substitute “ the condition applicable to this subsection is satisfied ”.
For subsection (6) substitute—
In subsection (9), omit the definition of “arrestable offence”.
In section 138 (powers of arrest: supplementary provisions), omit subsections (3) to (5).
Powers to search premises under section 139
For subsection (1) substitute—
Omit subsection (3)(b).
After subsection (3) insert—
In subsection (4), after “subsection (3)” insert “ or (3B) ”.
In subsection (7)—
for “subsection (3)(b)” substitute “ subsection (3B) ”;
for “that paragraph” substitute “ that subsection ”.
In subsection (8), for “subsection (3)(b)” substitute “ subsection (3B) ”.
After subsection (10) insert—
In subsection (12)—
in the definition of “premises”, at the end of paragraph (b) (before the “and”) insert—;
omit the “and” after that definition;
in the definition of “offshore installation” for “section 1 of the Mineral Workings (Offshore Installations) Act 1971” substitute “ section 44 of the Petroleum Act 1998 ”;
at the end of the subsection insert
Reciprocal powers of arrest - minor correction
In section 140 (reciprocal powers of arrest)—
in subsection (1), for the words in brackets substitute “ (arrest without warrant) ”;
in subsection (5), for the words in the second set of brackets substitute “ (arrest without warrant) ”.
References to the British Transport Commission Act 1949 - updating
In each of the following places, for references to “section 53 of the British Transport Commission Act 1949” substitute “ section 24 of the Railways and Transport Safety Act 2003 ”
section 136(1) and (2);
section 137(2A);
section 140(6A).
Other amendments
Section 136 (execution of warrants) is amended as follows.
After subsection (4) insert—
In subsection (5), omit paragraph (a).
Section 137 (cross-border powers of arrest etc.) is amended as follows.
After subsection (7) insert—
In subsection (8), omit paragraph (a).
Amendments of other legislation
Finance Act 2007 (c.11)
Section 87 of the Finance Act 2007 (cross-border exercise of powers) is amended as follows.
After subsection (2) insert—
Crime and Courts Act 2013 (c.22)
In Schedule 21 to the Crime and Courts Act 2013 (powers of immigration officers), Part 2 (modification of applied enactments) is amended as follows.
In paragraph 41, for “Paragraphs 42 and 43” substitute “ Paragraphs 42 to 43 ”.
After paragraph 42 insert—
Late night levy requirements
Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (late night levy) is amended as follows.
Section 126 (“relevant late night authorisation” and related definitions) is amended as follows.
In subsection (2)—
for “ “Relevant late night authorisation”” substitute “ “Relevant late night alcohol authorisation” ”;
after “licensing authority” insert “ , a late night levy requirement ”;
at the end of paragraph (b) insert “ (whether or not it also authorises the provision of late night refreshment at a time or times during such a period) ”.
After subsection (2) insert—
After subsection (3) insert—
In subsection (5), for “The late night supply period” substitute “ A late night supply period ”.
In subsection (8)—
for “the late night levy requirement” substitute “ a late night levy requirement ”;
omit “in its area”.
Section 127 (liability to pay late night levy) is amended as follows.
In subsection (1)—
for “the late night levy requirement” substitute “ a late night levy requirement ”;
after “the area” insert “ or part of the area ”;
for “a relevant late night authorisation” substitute “ a late night authorisation to which the requirement relates ”.
In subsection (2), for “a relevant late night authorisation” substitute “ a late night authorisation to which the requirement relates ”.
After subsection (2) insert—
In subsection (3), for “in its area” substitute “ in relation to the late night levy requirement ”.
Section 128 (amount of late night levy) is amended as follows.
In subsection (1) after “For” insert “ any levy requirement and ”.
In subsection (2), for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”.
In subsection (3)—
after “in relation to” insert “ a late night levy requirement and ”;
for “in its area” substitute “ in relation to the late night levy requirement ”.
In subsection (4)—
for “the late night levy” substitute “ a late night levy ”;
after “the same” insert “ , in respect of all late night levy requirements ”;
for “the levy” substitute “ a levy ”;
omit “for the levy year”.
Section 129 (payment and administration of the levy) is amended as follows.
In subsection (1), in the closing words, for “the late night levy” substitute “ a late night levy ”.
In subsection (2)—
for “the levy” substitute “ a levy ”;
for “relevant late night authorisations” substitute “ a late night authorisation to which a late night levy requirement relates ”.
In subsection (4)—
in paragraph (a), for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”;
in paragraph (b), for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”;
in paragraph (c), for “the relevant late night authorisation” substitute “ a relevant late night alcohol authorisation to which a late night levy requirement relates ”;
in the closing words, for “the levy year” substitute “ the levy year in question ”.
In subsection (5), for “the late night levy” substitute “ a late night levy ”.
In subsection (6), in the closing words, for “the late night levy” (in both places where it occurs) substitute “ a late night levy ”.
Section 130 (net amount of levy payments) is amended as follows.
In subsection (1), after “In this Chapter” insert “ , in relation to a late night levy requirement, ”.
In subsection (3), for “the late night levy requirement” substitute “ a late night levy requirement ”.
In subsection (5), in the opening words, at the beginning insert “ In relation to a late night levy requirement, ”.
Section 131 (application of net amount of levy payments) is amended as follows.
In subsection (1), at the beginning insert “ In relation to a late night levy requirement, ”.
After subsection (4) insert—
In subsection (6)(b), for “in respect of the levy” substitute “ in respect of a levy ”.
Section 132 (introduction of late night levy requirement) is amended as follows.
In subsection (1)—
in the opening words, for “the late night levy requirement” substitute “ a late night levy requirement ”;
in those words, omit “in its area”;
in paragraph (b)—
in sub-paragraph (i), after “period” insert “ or periods (as to which see section 126(3A)) ”;
in sub-paragraph (ii), omit “in its area”;
in sub-paragraph (iii), omit “in its area”.
Section 133 (amendment of late night levy requirement) is amended as follows.
In subsection (1)—
in the opening words, for the words from the beginning to “section 125,” substitute “ Where, in consequence of a decision by a licensing authority under section 125, a late night levy requirement applies, ”
in paragraph (a), omit “in the area”;
in paragraph (c), for “in the area” substitute “ in relation to the late night levy requirement ”.
After subsection (1) insert—
In subsection (4)—
in paragraph (b), omit “in the area of a licensing authority”;
in that paragraph, after “relevant decision” insert “ by a licensing authority ”;
in the closing words, omit “in its area”.
Section 134 (introduction or variation of late night levy requirement: procedure) is amended as follows.
In subsection (1)—
in paragraph (a), for “the late night levy requirement” substitute “ a late night levy requirement ”;
in that paragraph, omit “in the area of the licensing authority”;
in paragraph (b), for “the late night levy requirement” substitute “ a late night levy requirement ”;
in that paragraph omit “in the area of the licensing authority”.
In subsection (2)—
in paragraph (a)(iii), for “relevant late night authorisations” substitute “ late night authorisations to which the levy requirement in question relates or would relate ”;
in paragraph (c)(i), for “so as to cease to be a relevant late night authorisation before the beginning of the first levy year” substitute “ so that it is not a late night authorisation to which the levy requirement relates at the beginning of the first levy year ”.
In subsection (3)—
for “the late night levy requirement” substitute “ a late night levy requirement ”;
omit “to the area of a licensing authority”.
In subsection (4)—
for “the late night levy requirement” substitute “ a late night levy requirement ”;
omit “in its area”.
Omit subsection (5).
Section 135 (permitted exemption and reduction categories) is amended as follows.
In subsection (1)—
in paragraph (a), for “relevant late night authorisations” substitute “ relevant late night alcohol authorisations or relevant late night refreshment authorisations ”;
in that paragraph, for “the requirement to pay the late night levy is not to apply” substitute “ no requirement to pay a late night levy is to apply ”;
in paragraph (b), for “relevant late night authorisations” substitute “ relevant late night alcohol authorisations or relevant late night refreshment authorisations ”;
in that paragraph, for “the levy” substitute “ a levy ”.
In subsection (2), omit “in its area”.
In subsection (4)—
in paragraph (a), for “the levy” substitute “ a levy ”;
in paragraph (b), for “the levy” substitute “ a levy ”;
in the closing words—
for “the late night levy” substitute “ a late night levy ”;
after “the same” insert “ , in respect of all late night levy requirements, ”;
for “relevant late night authorisations” substitute “ relevant late night alcohol authorisations or relevant late night refreshment authorisations ”;
omit “for a levy year”.
After section 136 insert—
Section 137 (interpretation) is amended as follows.
For “ “the late night levy requirement”” substitute “ “a late night levy requirement” ”.
At the appropriate place insert—.
In the definition of “levy year”—
for “the late night levy requirement” substitute “ a late night levy requirement ”;
omit “in the area of the authority”.
In the definition of “payment year”, for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”.
Amendments where NCA is party to police collaboration agreement
Police Act 1997 (c. 50)
Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows.
In subsection (1B), after “National Crime Agency officer” insert “ giving an authorisation on an application made by virtue of subsection (3)(b)(i) ”.
In subsection (3)—
omit “or” at the end of paragraph (za)(i);
in paragraph (za)(ii) for “section 23(1)” substitute “ section 22A ”;
at the end of paragraph (za)(ii) insert;
in paragraph (b)—
for “subsection (5)(f), by” substitute;
at the end insert.
After subsection (3A) insert—
In subsection (6)—
after paragraph (aa) insert—;
after paragraph (cb) insert—.
Regulation of Investigatory Powers Act 2000 (c. 23)
The Regulation of Investigatory Powers Act 2000 is amended as follows.
Section 29 (authorisation of covert human intelligence sources) is amended as follows.
For subsection (2A) substitute—
In subsection (4A), at the end of paragraph (a) insert “ (see section 29A for the meaning of “qualifying person”) ”.
Omit subsection (7A).
Omit subsection (10).
After section 29 insert—
Section 33 (rules for grant of authorisations) is amended as follows.
In subsection (1), after “(1ZB)” insert “ and section 33A ”.
In subsection (1ZA), for “23(1)” substitute “ 22A ”.
In subsection (1A), at the end insert “ (subject to section 33A) ”.
In subsection (3), after “(3ZB)” insert “ and section 33A ”.
In subsection (3ZA), in paragraph (a) for “23(1)” substitute “ 22A ”.
In subsection (3A), at the end insert “ (subject to section 33A) ”.
After section 33 insert—