inserted—

“26BA College of Policing

(1) The Commission and the College of Policing must enter into an
agreement for the establishment, in relation to members of the
5College’s staff, of procedures corresponding or similar to those
provided for by or under this Part.

(2) An agreement under this section—

(a) must not be made or varied except with the approval of the
Secretary of State; and

(b) 10must not be terminated unless—

(i) it is replaced by another such agreement, and

(ii) the Secretary of State approves.

(3) An agreement under this section may contain provision for enabling
the Commission to bring and conduct, or otherwise participate or
15intervene in, any proceedings that are identified by the agreement as
disciplinary hearings in relation to members of the College’s staff.

(4) Procedures established in accordance with an agreement under this
section shall have no effect in relation to anything done outside
England and Wales by any member of the College’s staff.”

20Review bodies for police remuneration etc

112 Abolition of Police Negotiating Board for the United Kingdom

(1) The Police Negotiating Board for the United Kingdom is abolished.

(2) Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the
United Kingdom, and its functions with respect to regulations) are repealed.

113 25Establishment of Police Remuneration Review Body

(1) After Part 3 of the Police Act 1996 there is inserted—

“ Part 3A The Police Remuneration Review Body

64A The Police Remuneration Review Body

(1) 30There shall be a body called the Police Remuneration Review Body.

(2) It shall consist of—

(a) a chair appointed by the Prime Minister, and

(b) five or more other members appointed by the Secretary of State,
one of whom the Secretary of State may appoint as deputy
35chair.

(3) Before making an appointment, the Prime Minister or the Secretary of
State shall consult the Department of Justice in Northern Ireland.

(4) The Secretary of State may by order—

(a) change the name of the body established by this section, and

(b) make consequential amendments to any provision contained in
or made under this or any other Act.

(5) A statutory instrument containing an order under subsection (4) shall
5be subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) Schedule 4B shall have effect in relation to the Police Remuneration
Review Body.

64B Reports by the Police Remuneration Review Body

(1) 10The Police Remuneration Review Body shall consider and report on
any matter referred to it by the Secretary of State that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) 15the issue, use and return of police clothing, personal equipment
and accoutrements,

as regards members of police forces of or below the rank of chief
superintendent or police cadets appointed under section 28.

(2) A report under subsection (1) shall be submitted to—

(a) 20the Secretary of State, and

(b) the Prime Minister,

and the Secretary of State shall arrange for it to be published.

(3) The Police Remuneration Review Body shall also consider and report
on any matter referred to it by the Department of Justice in Northern
25Ireland that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment,

30as regards members of the Police Service of Northern Ireland of or
below the rank of chief superintendent, police trainees appointed
under section 39 of the Police (Northern Ireland) Act 2000 or police
cadets appointed under section 42 of that Act.

(4) A report under subsection (3) shall be submitted to the Department of
35Justice, and that Department shall arrange for it to be published.

(5) When referring a matter to the Police Remuneration Review Body, the
Secretary of State or Department of Justice may give directions to that
body about—

(a) the time within which it must report;

(b) 40considerations to which it must have particular regard;

(c) the evidence that it must obtain;

(d) matters on which it is to make recommendations.

(6) The Police Remuneration Review Body may include in a report under
this section any recommendations it considers appropriate arising out
45of matters referred to it under this section (whether or not it is required
to do so by a direction under subsection (5)).

(7) A reference or direction under this section may be varied or revoked.”

(2) After Schedule 4A to that Act there is inserted the Schedule set out in Schedule
5 to this Act.

(3) An order under section 141(6) may include provision requiring the first
5members of the Police Remuneration Review Body to be, or to include, persons
of a particular description.

114 Consultation about regulations: England and Wales

(1) After section 52 of the Police Act 1996 there is inserted—

“52A Regulations about hours, leave or pay: consultation etc

(1) 10This section applies where the Secretary of State is proposing to make
regulations under section 50 or 52 on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) 15the issue, use and return of police clothing, personal equipment
and accoutrements.

(2) In the case of regulations under section 50 concerning members of
police forces of or below the rank of chief superintendent, or
regulations under section 52, before making the regulations the
20Secretary of State shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under
section 64B(1), and

(b) consider that body’s report on the matter.

(3) In the case of regulations under section 50 concerning members of
25police forces above the rank of chief superintendent, before making the
regulations the Secretary of State shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review
Body, or

(b) where subsection (4) applies, refer the matter to the Police
30Remuneration Review Body under section 64B(1) and consider
that body’s report on the matter.

(4) This subsection applies where—

(a) the regulations would affect members of police forces who are
not above the rank of chief superintendent as well as those who
35are, and

(b) the Secretary of State thinks that it would be preferable for the
matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to
refer the matter to the Police Remuneration Review Body does not
40apply if the Secretary of State considers that—

(a) there is not enough time to do so because the need to make the
regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the
proposed regulations.

(6) In all cases, before making the regulations the Secretary of State shall
supply a draft of them to, and consider any representations made by,
persons whom the Secretary of State considers to represent the interests
of—

(a) 5the persons and bodies who between them maintain police
forces;

(b) chief officers of police;

(c) members of police forces;

(d) police cadets appointed under section 28.

(7) 10The Secretary of State may by order amend this section in consequence
of a change in the name or functions of the body for the time being
specified in subsection (3)(a).

(8) A statutory instrument containing an order under subsection (7) shall
be subject to annulment in pursuance of a resolution of either House of
15Parliament.”

(2) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
subsection (3)(a), for “regulations with respect to any of the matters mentioned
in section 61(1)” there is substituted “regulations of a kind referred to in section
52A(1)”.

(3) 20In section 1 of the Police Pensions Act 1976 (police pensions regulations)—

(a) in subsection (1), for “the Police Negotiating Board for the United
Kingdom” there is substituted “the Police Advisory Board for England
and Wales”;

(b) after that subsection there is inserted—

“(1A) 25When carrying out consultation under subsection (1) above the
Secretary of State shall also invite the views of the Northern
Ireland Policing Board and the Police Association for Northern
Ireland.”

(4) In section 52 of the Police Act 1996 (regulations for police cadets), at the end
30there is inserted—

“(3) Before making regulations under this section relating to pensions the
Secretary of State shall consult with the Police Advisory Board for
England and Wales and shall also invite the views of the Northern
Ireland Policing Board and the Police Association for Northern
35Ireland.”

(5) In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension
schemes), in paragraph 3(3), for “the Police Negotiating Board for the United
Kingdom” there is substituted “the Police Advisory Board for England and
Wales and shall also invite the views of the Northern Ireland Policing Board
40and the Police Association for Northern Ireland”.

115 Consultation about regulations: Northern Ireland

(1) In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the
Police Service of Northern Ireland)—

(a) in subsection (8), the words “, other than regulations made by virtue of
45subsection (2)(j), (k) or (l)” are omitted;

(b) after that subsection there is inserted—

“(9) Subsection (8) does not apply to—

(a) regulations made by virtue of subsection (2)(k), as to
which the Department of Justice shall invite the views of
5the Police Advisory Board for England and Wales, or

(b) regulations made by virtue of subsection (2)(j) or (l), as
to which section 25A applies.”

(2) After that section there is inserted—

“25A Regulations about hours, leave, pay or equipment: consultation etc

(1) 10This section applies where the Department of Justice is proposing to
make regulations under section 25 by virtue of subsection (2)(j) or (l) of
that section.

(2) In the case of regulations concerning officers of or below the rank of
chief superintendent, before making the regulations the Department of
15Justice shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under
section 64B(3) of the Police Act 1996, and

(b) consider that body’s report on the matter.

(3) In the case of regulations concerning officers above the rank of chief
20superintendent, before making the regulations the Department of
Justice shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review
Body, or

(b) where subsection (4) applies, refer the matter to the Police
25Remuneration Review Body under section 64B(3) of the Police
Act 1996 and consider that body’s report on the matter.

(4) This subsection applies where—

(a) the regulations would affect officers who are not above the rank
of chief superintendent as well as those who are, and

(b) 30the Department of Justice thinks that it would be preferable for
the matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to
refer the matter to the Police Remuneration Review Body does not
apply if Department of Justice considers that—

(a) 35there is not enough time to do so because the need to make the
regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the
proposed regulations.

(6) In all cases, before making the regulations the Department of Justice
40shall supply a draft of them to, and consider any representations made
by—

(a) the Board,

(b) the Police Association, and

(c) the Chief Constable of the Police Service of Northern Ireland.

(7) The Department of Justice may by order amend this section in
consequence of a change in the name or functions of the body for the
time being specified in subsection (3)(a).”

(3) In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and
5police reserve trainees)—

(a) at the end of subsection (6) there is inserted “, other than regulations to
which subsection (8) applies”;

(b) after that subsection there is inserted—

“(7) Subsection (8) applies to regulations under subsection (3),
10concerning police trainees, on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment.

(8) 15Before making any such regulations the Department of Justice
shall—

(a) (subject to subsection (9)) refer the matter to the Police
Remuneration Review Body under section 64B(3) of the
Police Act 1996 and consider that body’s report on the
20matter, and

(b) supply a draft of the regulations to, and consider any
representations made by—

(i) the Board,

(ii) the Police Association, and

(iii) 25the Chief Constable of the Police Service of
Northern Ireland.

(9) The duty in subsection (8)(a) does not apply if the Department
of Justice considers that—

(a) there is not enough time to refer to the matter to the
30Police Remuneration Review Body because the need to
make the regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the
proposed regulations.”

Independent Police Complaints Commission

116 35Application of IPCC provisions to contractors

In section 12 of the Police Reform Act 2002 (complaints, matters and persons to
which Part 2 applies), at the end there is inserted—

“(8) The Secretary of State may make regulations providing that, for the
purposes of this Part—

(a) 40a contractor,

(b) a sub-contractor of a contractor, or

(c) an employee of a contractor or a sub-contractor,

is to be treated as a person serving with the police.

(9) Regulations under subsection (8) may make modifications to this Part
45in its application to those persons.

(10) In subsection (8) “contractor” means a person who has entered into a
contract with a local policing body or a chief officer to provide services
to a chief officer.”

117 Application to IPCC of provisions about investigation of offences

(1) 5In Schedule 3 to the Police Reform Act 2002 (handling of complaints and
conduct matters etc), paragraph 19 (investigations by the Independent Police
Complaints Commission itself) is amended as follows.

(2) In sub-paragraph (6), for the words from “provide that such provisions” to
“shall apply” there is substituted “provide that—

“(a)(a)10such provisions of the 1984 Act relating to investigations of
offences conducted by police officers as may be specified in
the order, and

(b) such provisions of a code of practice under section 60, 60A or
66 of that Act as may be so specified,

15shall apply”.

(3) After sub-paragraph (6) there is inserted—

“(6A) An order under sub-paragraph (6) may, in particular, provide that
where a provision applied by the order allows a power to be
exercised only if an authorisation is given by a police officer of or
20above a particular rank, the authorisation may be given by a member
of the Commission’s staff of or above a specified grade.”

118 Provision of information to IPCC

After paragraph 19 of Schedule 3 to the Police Reform Act 2002 there is
inserted—

25“Investigations by the Commission: power to serve information notice

19ZA (1) The Commission may serve upon any person an information notice
requiring the person to provide it with information that it reasonably
requires for the purposes of an investigation in accordance with
paragraph 19.

(2) 30But an information notice must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the
meaning of the Police and Criminal Evidence Act 1984 (see
section 10 of that Act);

(c) 35to provide communications data within the meaning of
Chapter 2 of Part 1 of the Regulation of Investigatory Powers
Act 2000;

(d) to make a disclosure that would be prohibited by Part 1 of
that Act.

(3) 40An information notice must—

(a) specify or describe the information that is required by the
Commission and the form in which it must be provided;

(b) specify the period within which the information must be
provided;

(c) give details of the right of appeal against the information
notice under paragraph 19ZC.

(4) The period specified under sub-paragraph (3)(b) must not end before
the end of the period within which an appeal can be brought against
5the notice and, if such an appeal is brought, the information need not
be provided pending the determination or withdrawal of the appeal.

(5) The Commission may cancel an information notice by written notice
to the person on whom it was served.

Failure to comply with information notice

19ZB (1) 10If a person who has received an information notice—

(a) fails or refuses to provide the information required by the
notice, or

(b) knowingly or recklessly provides information in response to
the notice that is false in a material respect,

15the Commission may certify in writing to the High Court that the
person has failed to comply with the information notice.

(2) The High Court may then inquire into the matter and, after hearing
any witness who may be produced against or on behalf of the person,
and after hearing any statement offered in defence, deal with the
20person as if the person had committed a contempt of court.

Appeals against information notices

19ZC (1) A person on whom an information notice is served may appeal
against the notice to the First-tier Tribunal on the ground that the
notice is not in accordance with the law.

(2) 25If the Tribunal considers that the notice is not in accordance with the
law—

(a) it must quash the notice, and

(b) it may give directions to the Commission in relation to the
service of a further information notice.

30Intelligence and intercept information: restriction on further disclosure

19ZD (1) The Commission must not disclose (whether under section 20 or 21
or otherwise)—

(a) intelligence service information that it receives under an
information notice,

(b) 35intercept information that it receives under an information
notice, or

(c) the fact that it has received such intelligence service
information or intercept information,

unless the relevant authority consents to the disclosure.

(2) 40If the Commission discloses to another person—

(a) intelligence service information that it receives under an
information notice,

(b) intercept information that it receives under an information
notice, or

(c) the fact that it has received such intelligence service
information or intercept information,

that person must not disclose that information or that fact unless the
relevant authority consents to the disclosure.

(3) 5In this paragraph—

• “intelligence service information” means information which
  was obtained (directly or indirectly) from an intelligence
  service or which relates to an intelligence service;

• “intelligence service” means—

  (a)

  10the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  the Government Communications Headquarters
  (“GCHQ”), or

  (d)

  any part of Her Majesty’s forces (within the meaning
  15of the Armed Forces Act 2006), or of the Ministry of
  Defence, which engages in intelligence activities;

• “intercept information” means information relating to any of
  the matters mentioned in section 19(3) of the Regulation of
  Investigatory Powers Act 2000;

• 20“relevant authority” means—

  (a)

  in the case of intelligence service information
  obtained from the Security Service, the Director-
  General of the Security Service;

  (b)

  in the case of intelligence service information
  25obtained from the Secret Intelligence Service, the
  Chief of the Secret Intelligence Service;

  (c)

  in the case of intelligence service information
  received from GCHQ, the Director of GCHQ;

  (d)

  in the case of intelligence service information
  30obtained from Her Majesty’s forces or the Ministry of
  Defence, the Secretary of State;

  (e)

  in the case of intercept information, the person to
  whom the relevant interception warrant is or was
  addressed;

• 35“relevant interception warrant” means the interception warrant
  issued under section 5 of the Regulation of Investigatory
  Powers Act 2000 that relates to the intercept information.”

119 Unsatisfactory performance procedures following investigation of death or
serious injury matter

(1) 40In paragraph 24C of Schedule 3 to the Police Reform Act 2002 (cases of death
or serious injury where Independent Police Complaints Commission
determines that disciplinary proceedings not justified), at the end there is
inserted—

“(3) The Commission may notify the appropriate authority that it must,
45in accordance with regulations under section 50 or 51 of the 1996 Act,
determine—

(a) whether or not the performance of a person serving with the
police is unsatisfactory, and

(b) what action (if any) the authority will take in respect of any
such person’s performance.

(4) On receipt of a notification under sub-paragraph (3) the appropriate
authority shall make those determinations and submit a
5memorandum to the Commission setting out the determinations the
authority has made.

(5) On receipt of a memorandum under sub-paragraph (4), the
Commission shall—

(a) consider the memorandum and whether the appropriate
10authority has made the determinations under sub-paragraph
(4) that the Commission considers appropriate;

(b) determine whether or not to make recommendations under
paragraph 27;

(c) make such recommendations (if any) under that paragraph
15as it thinks fit.”

(2) Paragraph 27 of that Schedule (duties with respect to disciplinary proceedings)
is amended as follows.

(3) In sub-paragraph (1), at the end there is inserted “; or

“(c) has submitted, or is required to submit, a memorandum to
20the Commission under paragraph 24C(4).”

(4) After sub-paragraph (3) there is inserted—

“(3A) Where this paragraph applies by virtue of sub-paragraph (1)(c), the
Commission may make a recommendation to the appropriate
authority—

(a) 25that the performance of a person serving with the police is, or
is not, satisfactory;

(b) that action of the form specified in the recommendation is
taken in respect of the person’s performance;

and it shall be the duty of the appropriate authority to notify the
30Commission whether it accepts the recommendation and (if it does)
to set out in the notification the steps that it is proposing to take to
give effect to it.”

120 Recommendations by IPCC and requirement to respond

After paragraph 28 of Schedule 3 to the Police Reform Act 2002 there is
35inserted—

“Recommendations by the Commission

28A (1) This paragraph applies where the Commission has received a report
under—

(a) paragraph 22(3) (report on completion of investigation of
40complaint or conduct matter supervised or managed by
Commission),

(b) paragraph 22(5) (report on completion of investigation of
complaint or conduct matter by Commission itself ), or

(c) paragraph 24A(2) (report on completion of investigation of
45DSI matter that is not also conduct matter).