(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) 5that 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
10Commission 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
15inserted—

“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
20complaint 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
25DSI matter that is not also conduct matter).

(2) This paragraph also applies where the Commission has made a
determination on an appeal under—

(a) paragraph 8A (appeal relating to complaint dealt with other
than by investigation), or

(b) 30paragraph 25 (appeal with respect to an investigation).

(3) The Commission may make a recommendation in relation to a
matter dealt with in the report or appeal.

(4) A recommendation under this paragraph may be made to any
person if it is made—

(a) 35following the receipt of a report relating to—

(i) a DSI matter,

(ii) a conduct matter of a type specified in regulations, or

(iii) a complaint of a type specified in regulations; or

(b) following a determination on an appeal relating to a
40complaint of a type specified in regulations.

(5) In any other case, a recommendation under this paragraph may be
made only to—

(a) a person serving with the police, or

(b) a local policing body.

(6) Where the Commission makes a recommendation under this
paragraph, it must also—

(a) publish the recommendation, and

(b) send a copy of it—

(i) 5in a case where the recommendation is made to a local
policing body, to the chief officer of the police force
maintained by that body;

(ii) in a case where the recommendation is made to a
chief officer of a police force, to the local policing
10body that maintains the police force;

(iii) in a case where the recommendation is made to a
contractor (within the meaning of section 12(10)), to
the chief officer of a police force to whom the
contractor is providing services, and the local policing
15body that maintains the police force;

(iv) in a case where the recommendation is made to a sub-
contractor or an employee of a contractor, to the
contractor and the persons to whom a copy must be
sent under paragraph (iii);

(v) 20in a case where the recommendation is made to an
employee of a sub-contractor, to the sub-contractor,
the contractor and the persons to whom a copy must
be sent under sub-paragraph (iii);

(vi) in any other case, to any person to whom the
25Commission thinks a copy should be sent.

(7) Nothing in this paragraph affects the power of the Commission to
make recommendations or give advice under section 10(1)(e)
(whether arising under this Schedule or otherwise).

Response to recommendation

28B (1) 30A person to whom a recommendation under paragraph 28A is made
must provide to the Commission a response in writing stating—

(a) what action the person has taken or proposes to take in
response to the recommendation, or

(b) why the person has not taken, or does not propose to take,
35any action in response.

(2) The person must provide the response to the Commission before the
end of the period of 56 days beginning with the day on which the
recommendation was made, unless sub-paragraph (3) applies.

(3) The Commission may extend the period of 56 days following an
40application received before the end of the period; and if the
Commission grants an extension, the person must provide the
response before the end of the extended period.

(4) But if proceedings for judicial review of the Commission’s decision
to make a recommendation are started during the period allowed by
45sub-paragraph (2) or (3), that period is extended by however many
days the proceedings are in progress.

(5) On receiving a response, the Commission must, within the period of
21 days beginning with the day on which the Commission received
it—

(a) publish the response, and

(b) 5send a copy of it to any person who was sent a copy of the
recommendation under paragraph 28A(6)(b),

unless the person giving the response has made representations
under sub-paragraph (6).

(6) The person giving the response may, at the time of providing it to the
10Commission, make representations to the Commission asserting that
the requirements of publication and disclosure under sub-paragraph
(5) should not apply to the response, or to particular parts of it.

(7) On receiving such representations, the Commission may decide—

(a) that the response should not be published, or that only parts
15of it should be published;

(b) that the response should not be disclosed, or that only parts
of the response should be disclosed.

(8) Where, following a decision on representations, the Commission
decides to publish or disclose a response (in whole or in part), it must
20do so only after the person giving the response has been informed of
the Commission’s decision, and—

(a) in a case where the Commission has decided to accept all of
the representations, it must do so within the period of 21 days
beginning with the day on which it received the response;

(b) 25in a case where the Commission has decided to reject any of
the representations, it must do so—

(i) within the period of 21 days beginning with the day
on which the person was informed of the
Commission’s decision on the representations, but

(ii) 30not before the end of the period of 7 days beginning
with that day.

(9) But if proceedings for judicial review of the Commission’s decision
to reject a representation are started during the period of 7 days
referred to in sub-paragraph (8)(b)(ii)—

(a) 35the Commission must not publish or disclose the response
while the proceedings are in progress;

(b) if the court upholds the Commission’s decision to reject a
representation, the Commission must publish and disclose
the response (in whole or in part, as appropriate) before the
40end of the period of 7 days beginning with the day on which
the proceedings are no longer in progress.

(10) Where a local policing body or a chief officer makes a response under
this paragraph, the body or officer must, at the time the Commission
publishes the response, also publish the response (to the same extent
45as published by the Commission) and the recommendation under
paragraph 28A.

(11) For the purposes of this paragraph—

(a) “disclosing” a response means sending a copy of it as
mentioned in sub-paragraph (5)(b);

(b) the period during which judicial review proceedings are in
progress includes any day on which an appeal is in progress
or may be brought.”

Chief officers of police and local policing bodies

121 5Appointment of chief officers of police

(1) Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act
2011 (appointment of chief constables) is amended as follows.

(2) In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the
United Kingdom” there is substituted “is eligible for appointment”.

(3) 10After sub-paragraph (1) there is inserted—

“(1A) A person is eligible for appointment if the person is or has been—

(a) a constable in any part of the United Kingdom, or

(b) a police officer in an approved overseas police force, of at
least the approved rank.

(1B) 15An “approved overseas police force” is a police force which—

(a) is in a country or territory outside the United Kingdom
designated by the College of Policing, and

(b) is designated in relation to that country or territory by the
College of Policing.

(1C) 20The “approved rank” for an approved overseas police force is the
rank which is designated as the approved rank for that police force
by the College of Policing.

(1D) The College of Policing must make designations under sub-
paragraphs (1B) and (1C), but must not do so without the approval
25of the Secretary of State.”

(4) Section 42 of that Act (appointment of Commissioner of Police of the
Metropolis) is amended as follows.

(5) In subsection (3), for “is, or has been, a constable in any part of the United
Kingdom” there is substituted “is eligible for appointment”.

(6) 30After subsection (3) there is inserted—

“(3A) A person is eligible for appointment if the person is or has been—

(a) a constable in any part of the United Kingdom, or

(b) a police officer in an approved overseas police force, of at least
the approved rank.

(3B) 35An “approved overseas police force” is a police force which—

(a) is in a country or territory outside the United Kingdom
designated by the College of Policing, and

(b) is designated in relation to that country or territory by the
College of Policing.

(3C) 40The “approved rank” for an approved overseas police force is the rank
which is designated as the approved rank for that police force by the
College of Policing.

(3D) The College of Policing must make designations under subsections (3B)
and (3C), but must not do so without the approval of the Secretary of
State.”

122 Financial arrangements etc for chief officers of police

(1) 5In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief
constables), after paragraph 7 there is inserted—

“Financial arrangements etc

7A (1) A chief constable may, by way of temporary loan or overdraft from
a bank or otherwise, borrow sums temporarily required by the chief
10constable, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the chief constable in respect of the
period of account in which the expenses are chargeable,

(b) in sterling, and

(c) 15with the consent of the relevant police and crime
commissioner.

(2) A chief constable—

(a) may not borrow money except as permitted by sub-
paragraph (1);

(b) 20may not enter into a credit arrangement.

(3) A chief constable may invest—

(a) for any purpose relevant to the chief constable’s functions
under any enactment, or

(b) for the purpose of the prudent management of the chief
25constable’s financial affairs,

but only with the consent of the relevant police and crime
commissioner.

(4) The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts) apply in relation to a chief
30constable as they apply in relation to a local authority—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) 35section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) 40section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) sections 21 and 22 (accounts);

(l) section 24(1) and (2)(b) (application to Wales).

(5) Regulations made by the Secretary of State under any of the
provisions listed in sub-paragraph (4) apply in relation to the chief
constable of a police force in England as they apply in relation to a
local authority in England.

(6) 5Regulations made by the Welsh Ministers under any of those
provisions apply in relation to the chief constable of a police force in
Wales as they apply in relation to a local authority in Wales.

(7) Any of those provisions, or regulations made under them, that apply
for the purposes of Chapter 1 of Part 1 of the Local Government Act
102003 apply also (so far as relevant) for the purposes of sub-
paragraphs (1) to (3).

(8) An order under section 217 or 218 of the Local Government and
Public Involvement in Health Act 2007, as it has effect for the
purposes of section 18(2)(b) of the Local Government Act 2003 as
15applied by sub-paragraph (4)(i), applies—

(a) with the substitution of a reference to a chief constable for a
reference to a local authority, and

(b) with any other necessary modifications.”

(2) In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after
20paragraph 4 there is inserted—

“Financial arrangements etc

4A (1) The Commissioner of Police of the Metropolis may, by way of
temporary loan or overdraft from a bank or otherwise, borrow sums
temporarily required by the Commissioner, but only—

(a) 25for the purpose of meeting expenses pending the receipt of
revenues receivable by the Commissioner in respect of the
period of account in which the expenses are chargeable,

(b) in sterling, and

(c) with the consent of the Mayor’s Office for Policing and
30Crime.

(2) The Commissioner of Police of the Metropolis—

(a) may not borrow money except as permitted by sub-
paragraph (1);

(b) may not enter into a credit arrangement.

(3) 35The Commissioner of Police of the Metropolis may invest—

(a) for any purpose relevant to the Commissioner’s functions
under any enactment, or

(b) for the purpose of the prudent management of the
Commissioner’s financial affairs,

40but only with the consent of the Mayor’s Office for Policing and
Crime.

(4) The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts), and any regulations made under
them by the Secretary of State, apply in relation to the Commissioner
45of Police of the Metropolis as they apply in relation to a local
authority in England—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) section 13 (security for money borrowed etc);

(e) 5section 14 (information);

(f) section 15 (guidance);

(g) section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a
10Passenger Transport Executive;

(j) section 20 (directions);

(k) sections 21 and 22 (accounts).

(5) Any of those provisions, or regulations made under them by the
Secretary of State, that apply for the purposes of Chapter 1 of Part 1
15of the Local Government Act 2003 apply also (so far as relevant) for
the purposes of sub-paragraphs (1) to (3).

(6) An order under section 217 of the Local Government and Public
Involvement in Health Act 2007, as it has effect for the purposes of
section 18(2)(b) of the Local Government Act 2003 as applied by sub-
20paragraph (4)(i), applies—

(a) with the substitution of a reference to the Commissioner of
Police of the Metropolis for a reference to a local authority,
and

(b) with any other necessary modifications.”

123 25Grants to local policing bodies

(1) In section 46 of the Police Act 1996 (police grant), in subsection (1), for the
words from “for each financial year” to the end of paragraph (b) there is
substituted “for each financial year—

“(a) make grants to police and crime commissioners for the
30purposes of their functions,

(b) make grants to the Common Council for the purposes of its
functions as police authority, and

(c) make grants to the Greater London Authority for the purposes
of the functions of the Mayor’s Office for Policing and Crime;”.

(2) 35The words “for police purposes” are omitted—

(a) in subsection (1) of section 47 of the Police Act 1996 (grants for capital
expenditure);

(b) in subsection (2) of section 92 of that Act (grants by local authorities).

124 Powers of local policing bodies to provide or commission services

(1) 40A local policing body may provide or arrange for the provision of—

(a) services that in the opinion of the local policing body will secure, or
contribute to securing, crime and disorder reduction in the body’s area;

(b) services that are intended by the local policing body to help victims or
witnesses of, or other persons affected by, offences and anti-social
45behaviour;

(c) services of a description specified in an order made by the Secretary of
State.

(2) An order under subsection (1)(c) may make different provision for different
areas.

(3) 5A local policing body arranging for the provision of services under this section
may make grants in connection with the arrangements.

A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

A grant may be subject to any conditions (including conditions as to
10repayment) that the local policing body thinks appropriate.

(4) In this section—

• “anti-social behaviour” means behaviour by a person that causes or is
  likely to cause harassment, alarm or distress to one or more other
  persons not of the same household as that person;

• 15“crime and disorder reduction” means reduction in levels of—

  (a)

  crime and disorder (including anti-social behaviour and other
  behaviour adversely affecting the local environment),

  (b)

  the misuse of drugs, alcohol and other substances, and

  (c)

  re-offending.

20Miscellaneous

125 Retention of personal samples that are or may be disclosable

(1) In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and
samples etc: exclusions from destruction rules)—

(a) in subsection (5) (material that is or may become disclosable to the
25defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted
“Sections 63D to 63T”;

(b) after that subsection there is inserted—

“(5A) A sample that—

(a) falls within subsection (5), and

(b) 30but for that subsection would be required to be
destroyed under section 63R,

must not be used other than for the purposes of any
proceedings for the offence in connection with which the
sample was taken.

(5B) 35A sample that once fell within subsection (5) but no longer does,
and so becomes a sample to which section 63R applies, must be
destroyed immediately if the time specified for its destruction
under that section has already passed.”

(2) In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in
40paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of
Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction
rules of material that is or may become disclosable to the defence)—

(a) for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A
material” there is substituted “Paragraphs 20A to 20H do not apply to
45material”;

(b) at the end of that paragraph (which becomes sub-paragraph (1)) there

is inserted—

“(2) A sample that—

(a) falls within sub-paragraph (1), and

(b) but for that sub-paragraph would be required to be
5destroyed under paragraph 20G,

must not be used other than for the purposes of any
proceedings for the offence in connection with which the
sample was taken.

(3) A sample that once fell within sub-paragraph (1) but no
10longer does, and so becomes a sample to which paragraph
20G applies, must be destroyed immediately if the time
specified for its destruction under that paragraph has already
passed.”

126 Powers to seize invalid passports etc

15Schedule 6 (powers to seize invalid passports etc) has effect.

127 Port and border controls

Schedule 7 (which amends Schedules 7 and 8 to the Terrorism Act 2000) has
effect.

128 Inspection of Serious Fraud Office

(1) 20In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions
of the Chief Inspector of the Crown Prosecution Service), for subsection (4)
there is substituted—

“(4) This section applies to—

(a) the Revenue and Customs Prosecutions Office, and

(b) 25the Serious Fraud Office,

as it applies to the Crown Prosecution Service.”

(2) In section 3 of the Criminal Justice Act 1987 (disclosure of information by
Serious Fraud Office)—

(a) the word “and” before paragraph (c) of subsection (1) is omitted;

(b) 30after that paragraph there is inserted “; and

“(d) in order to comply with a requirement imposed under
paragraph 7 of the Schedule to the Crown Prosecution
Service Inspectorate Act 2000,”;

(c) in subsection (3), for the words from “by a member of the Serious Fraud
35Office” to “or elsewhere and” there is substituted “by a member of the
Serious Fraud Office—

“(a) for the purposes of any prosecution in England and
Wales, Northern Ireland or elsewhere, or

(b) in order to comply with a requirement imposed under
40paragraph 7 of the Schedule to the Crown Prosecution
Service Inspectorate Act 2000,

and”.

Part 11 Extradition

129 Date of extradition hearing

In section 8 of the Extradition Act 2003 (date of extradition hearing etc:
5extradition to category 1 territory) after subsection (4) there is inserted—

“(4A) But subsection (4) does not apply if proceedings in respect of the
extradition have been adjourned for any period under section 8A or
8B.”

130 Extradition barred if no prosecution decision in requesting territory

(1) 10In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph
(a) of subsection (1) there is inserted—

“(aa) absence of prosecution decision;”.

(2) After section 12 of that Act there is inserted—

“12A Absence of prosecution decision

(1) 15A person’s extradition to a category 1 territory is barred by reason of
absence of prosecution decision if (and only if)—

(a) it appears to the appropriate judge that there are reasonable
grounds for believing that—

(i) the competent authorities in the category 1 territory
20have not made a decision to charge or have not made a
decision to try (or have made neither of those decisions),
and

(ii) the person’s absence from the category 1 territory is not
the sole reason for that failure,

25and

(b) those representing the category 1 territory do not prove that—

(i) the competent authorities in the category 1 territory
have made a decision to charge and a decision to try, or

(ii) in a case where one of those decisions has not been made
30(or neither of them has been made), the person’s absence
from the category 1 territory is the sole reason for that
failure.

(2) In this section “to charge” and “to try”, in relation to a person and an
extradition offence, mean—

(a) 35to charge the person with the offence in the category 1 territory,
and

(b) to try the person for the offence in the category 1 territory.”

(3) In a case where the Part 1 warrant (within the meaning of the Extradition Act
2003) has been issued before the time when the amendments made by this
40section come into force, those amendments apply to the extradition concerned
only if, at that time, the judge has not yet decided all of the questions in section
11(1) of that Act.