|
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|
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Inspections and complaints |
| |
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| 5 |
1 (1) | Before making a request for an inspection that would fall to be carried out |
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wholly or partly in Scotland, the Secretary of State must consult the Scottish |
| |
| |
(2) | HMIC may carry out an inspection jointly with the Scottish inspectors— |
| |
(a) | if it is carried out wholly in Scotland, or |
| 10 |
(b) | in a case where it is carried out partly in Scotland, to the extent that |
| |
| |
(3) | Before deciding whether or not to carry out such an inspection jointly with |
| |
the Scottish inspectors, HMIC must consult the Scottish inspectors. |
| |
Inspections in Northern Ireland |
| 15 |
2 | Before making a request for an inspection that would fall to be carried out |
| |
wholly or partly in Northern Ireland, the Secretary of State must consult the |
| |
Department of Justice in Northern Ireland. |
| |
Publication of HMIC reports |
| |
3 (1) | The Secretary of State must arrange for every HMIC report received to be |
| 20 |
published in such manner as the Secretary of State considers appropriate. |
| |
(2) | But the Secretary of State may exclude from publication any part of an HMIC |
| |
report if, in the Secretary of State’s opinion, the publication of that part— |
| |
(a) | would be against the interests of national security, |
| |
(b) | could prejudice the prevention or detection of crime, the |
| 25 |
apprehension of offenders, or the prosecution of offences, or |
| |
(c) | might jeopardise the safety of any person. |
| |
(3) | The Secretary of State must send a copy of the published report— |
| |
| |
(b) | if the inspection was carried out wholly or partly in Scotland, to the |
| 30 |
| |
(c) | if the inspection was carried out wholly or partly in Northern |
| |
Ireland, to the Department of Justice in Northern Ireland. |
| |
| |
4 (1) | The Director General must— |
| 35 |
(a) | prepare comments on each HMIC report as published by the |
| |
| |
(b) | arrange for those comments to be published in such manner as the |
| |
Director General considers appropriate. |
| |
|
| |
|
| |
|
(2) | The Director General must send a copy of any document published under |
| |
| |
(a) | to the Secretary of State; and |
| |
(b) | if the inspection was carried out wholly or partly in Scotland, to the |
| |
| 5 |
(c) | if the inspection was carried out wholly or partly in Northern |
| |
Ireland, to the Department of Justice in Northern Ireland. |
| |
Disclosure of information |
| |
5 (1) | The Director General must— |
| |
(a) | provide to a policing inspectorate such information and documents |
| 10 |
specified or described in a notification given by the inspectorate to |
| |
the Director General, and |
| |
(b) | produce or deliver up to the inspectorate all such evidence and other |
| |
things so specified or described, |
| |
| as appear to the inspectorate to be required for the purposes of the exercise |
| 15 |
of an NCA inspection function. |
| |
(2) | Anything that the Director General is obliged to provide, produce or deliver |
| |
up by virtue of a requirement imposed under sub-paragraph (1) must be |
| |
provided, produced or delivered up in such form and manner, and within |
| |
such period, as may be specified— |
| 20 |
(a) | in the notification imposing the requirement, or |
| |
(b) | in any subsequent notification given by the inspectorate to the chief |
| |
| |
(3) | Nothing in this paragraph requires the Director General— |
| |
(a) | to comply with an obligation imposed under sub-paragraph (1) |
| 25 |
before the earliest time at which it is practicable to do so, or |
| |
(b) | to comply at all with any such obligation if it never becomes |
| |
| |
(4) | An NCA officer may disclose information to any policing inspectorate for |
| |
the purposes of the exercise by any policing inspectorate of an NCA |
| 30 |
| |
(5) | The Secretary of State may, by regulations, make— |
| |
(a) | further provision about the disclosure of information under sub- |
| |
| |
(b) | provision about the further disclosure of information that has been |
| 35 |
disclosed under sub-paragraph (1) or (4). |
| |
(6) | Such regulations may, in particular— |
| |
(a) | modify any provision of Schedule 7 in its application to such a |
| |
| |
(b) | disapply any such provision from such a disclosure. |
| 40 |
| |
6 (1) | The Director General must secure that a policing inspectorate is given access |
| |
to premises occupied for the purposes of the NCA and access to documents |
| |
and other things on those premises if— |
| |
(a) | the inspectorate requires such access, and |
| 45 |
|
| |
|
| |
|
(b) | the requirement is imposed for the purposes of the exercise of an |
| |
| |
(2) | Where there are reasonable grounds for not allowing the inspectorate to |
| |
have the required access at the time at which the inspectorate seeks to have |
| |
it, the obligation under sub-paragraph (1) has effect as an obligation to |
| 5 |
secure that the required access is allowed to the inspectorate at the earliest |
| |
practicable time specified by the inspectorate after there cease to be any such |
| |
| |
| |
7 | In this Part of this Schedule— |
| 10 |
“HMIC” means Her Majesty’s Inspectors of Constabulary; |
| |
“HMIC report” means a report under section 10(3); |
| |
“document” means anything in which information of any description is |
| |
| |
“inspection” means an inspection under section 10(1) or (2); |
| 15 |
“NCA inspection function” means a function in relation to the |
| |
| |
“policing inspectorate” means— |
| |
(a) | HMIC or any person carrying out the functions of the HMIC, |
| |
| 20 |
(b) | the Scottish inspectors or any person carrying out the |
| |
functions of the Scottish inspectors. |
| |
“request” means a request under section 10(2) for an inspection; |
| |
“Scottish inspectors” means the inspectors of constabulary for which |
| |
Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides. |
| 25 |
| |
Complaints: other amendments |
| |
| |
8 | The Police Reform Act 2002 is amended as follows. |
| |
9 (1) | Section 10 (general functions of the IPCC) is amended in accordance with |
| 30 |
| |
| |
(a) | in paragraph (g), for “Serious Organised Crime Agency” substitute |
| |
| |
| 35 |
(3) | In subsection (3), for paragraphs (ba) and (bb) substitute— |
| |
“(bc) | any regulations under section 26C of this Act (the National |
| |
| |
| |
10 (1) | Section 11 (reports to the Secretary of State) is amended in accordance with |
| 40 |
| |
| |
|
| |
|
| |
|
(a) | omit paragraphs (b) and (e); |
| |
(b) | after paragraph (e) insert— |
| |
“(f) | to the National Crime Agency.”. |
| |
(3) | In subsection (8), for “Serious Organised Crime Agency” substitute |
| |
| 5 |
(4) | Omit subsection (9A). |
| |
| |
(a) | omit paragraphs (d) and (h); |
| |
(b) | in paragraph (g), omit “and”; |
| |
(c) | after paragraph (h) insert “; and |
| 10 |
(i) | the National Crime Agency.”. |
| |
11 (1) | Section 15 (general duties) is amended in accordance with this section. |
| |
(2) | In subsection (1A), for “Serious Organised Crime Agency” substitute |
| |
| |
(3) | Omit subsection (1B). |
| 15 |
(4) | In subsection (3)(c)— |
| |
(a) | for “Serious Organised Crime Agency” substitute “National Crime |
| |
| |
(b) | for “member of the staff of that Agency” substitute “National Crime |
| |
| 20 |
(5) | In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency” |
| |
substitute “National Crime Agency”. |
| |
| |
(a) | for “Serious Organised Crime Agency” substitute “National Crime |
| |
| 25 |
(b) | in paragraph (a), for “member of the staff of the Agency” substitute |
| |
“a National Crime Agency officer”. |
| |
(7) | In subsection (7), for “member of the staff of the Serious Organised Crime |
| |
Agency” substitute “National Crime Agency officer”. |
| |
(8) | In subsection (8), for “member of the staff of the Serious Organised Crime |
| 30 |
Agency” substitute “National Crime Agency officer”. |
| |
(9) | Omit subsection (8A). |
| |
| |
(a) | in paragraph (a), for “member of the staff of the Serious Organised |
| |
Crime Agency” substitute “National Crime Agency officer”; |
| 35 |
(b) | in paragraph (b), for “member of the staff of the Agency” substitute |
| |
“National Crime Agency officer”. |
| |
(11) | In subsection (10), omit paragraph (b) (and the word “and” at the end of |
| |
| |
12 (1) | Section 16 (payment for assistance with investigations) is amended in |
| 40 |
accordance with this paragraph. |
| |
|
| |
|
| |
|
(2) | In subsection (5)(a), for “Serious Organised Crime Agency” substitute |
| |
| |
(3) | In subsection (6), for “Serious Organised Crime Agency” substitute |
| |
| |
13 | Omit section 16A (investigations: NPIA involvement). |
| 5 |
14 | In section 17, omit subsection (6). |
| |
15 | Omit sections 26A and 26B (agreements about complaints about the Serious |
| |
Organised Crime Agency or the National Policing Improvement Agency). |
| |
16 | In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b) |
| |
| 10 |
“(ca) | a National Crime Agency officer; or”. |
| |
17 (1) | Schedule 3 (handling of complaints and conduct matters etc) is amended in |
| |
accordance with this paragraph. |
| |
(2) | In paragraph 16(3), for paragraphs (b) and (c) substitute— |
| |
“(d) | a National Crime Agency officer,”. |
| 15 |
(3) | In paragraph 17(2), for paragraphs (b) and (c) substitute— |
| |
“(d) | a National Crime Agency officer,”. |
| |
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and |
| |
Modifications) Order 2007 |
| |
18 (1) | The Police, Public Order and Criminal Justice (Scotland) Act 2006 |
| 20 |
(Consequential Provisions and Modifications) Order 2007(the “2007 Order”) |
| |
is amended in accordance with this paragraph. |
| |
(2) | In article 2 (interpretation), for paragraph (d) substitute— |
| |
“(d) | “NCA” means the National Crime Agency; |
| |
(e) | “NCA officer” means a National Crime Agency officer.”. |
| 25 |
(3) | In article 4 (agreements to establish complaints procedures), in paragraph |
| |
| |
(a) | omit sub-paragraph (b)(iv); |
| |
(b) | omit sub-paragraph (c)(iii); |
| |
(c) | after sub-paragraph (c) insert— |
| 30 |
“(d) | any statement made by a person who is, or has been, |
| |
an NCA officer about the terms and conditions of |
| |
| |
(4) | The amendments of the 2007 Order made by section 10 and this Schedule |
| |
may be amended or revoked as if made in the exercise of the powers under |
| 35 |
which the 2007 Order was made. |
| |
Police (Northern Ireland) Act 1998 |
| |
19 | In section 61 of the Police (Northern Ireland) Act 1998 (reports), in |
| |
subsection (5)(c), for “Serious Organised Crime Agency” substitute |
| |
| 40 |
|
| |
|