Policing and Crime Bill (HC Bill 158)

40 For paragraph 31 (appeal made to the Commission in error) substitute—

“31 (1) This paragraph applies in a case where—

(a) an application for a review is made to the Commission,
and

(b) 5a local policing body is the relevant review body in relation
to the review.

(2) The Commission must—

(a) forward the application to the local policing body, and

(b) notify the person who applied for the review—

(i) 10that the local policing body is the relevant review
body, and

(ii) the application has been forwarded.

(3) The application is to be taken to have been—

(a) made to the local policing body, and

(b) 15so made at the time when it is forwarded to the local
policing body.”

41 For paragraph 32 (appeal made to appropriate authority in error)
substitute—

“32 (1) This paragraph applies in a case where—

(a) 20an application for a review is made to a local policing
body, and

(b) the Commission is the relevant review body in relation to
the review.

(2) The local policing body must—

(a) 25forward the application to the Commission, and

(b) notify the person who applied for the review—

(i) that the Commission is the relevant review body,
and

(ii) the application has been forwarded.

(3) 30The application is to be taken to have been—

(a) made to the Commission, and

(b) so made at the time when it is forwarded to the
Commission.”

42 In section 15 of the Police Reform Act 2002 (general duties of local policing
35bodies, chief officers and inspectors)—

(a) in subsection (4) (duty to provide the Commission with assistance),
at the end insert “or any review under paragraph 25 of Schedule 3”;

(b) in subsection (6)—

(i) in paragraph (a), after “investigation” insert “or review (as
40the case may be)”;

(ii) omit the “and” at the end of paragraph (a);

(iii) in paragraph (b), at the beginning insert “in the case of an
investigation,”;

(iv) at the end of paragraph (b) insert “and

(c) 45in the case of a review applied for under
paragraph 25(1B) of Schedule 3 in respect of

an investigation, irrespective of who had the
person appointed to carry out the
investigation under his direction and
control;”.

43 5In section 16 of the Police Reform Act 2002 (payment for assistance with
investigations)—

(a) 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.”;

(b) 10in subsection (2)(b)—

(i) 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
15investigation under this Part or a review under paragraph 25
of Schedule 3”;

(ii) omit the “or” at the end of sub-paragraph (i);

(iii) after sub-paragraph (ii) insert “, or

(iii) a review under paragraph 25 of
20Schedule 3 of the outcome of a
complaint where the complainant
expressed dissatisfaction with a force
other than that force.”

44 In section 18 of the Police Reform Act 2002 (inspections of police premises on
25behalf of the Commission), in subsection (2), after paragraph (b) insert—

“(c) the purposes of any review by the Commission under
paragraph 25 of Schedule 3.”

Part 5 Recommendations by the Commission and local policing bodies

45 30In Part 3 of Schedule 3 to the Police Reform Act 2002, after paragraph 28
insert—

““Recommendations by the Commission or a local policing body

28ZA (1) A recommendation under this paragraph (for the purposes of
paragraphs 6A, 23, 24 and 25) is a recommendation of a kind
35described in regulations made by the Secretary of State which is
made with a view to remedying the dissatisfaction expressed by
the complainant concerned.

(2) A recommendation of a kind described in regulations under
subsection (1) may (amongst other things) be a recommendation
40that compensation be paid.

(3) The reference in subsection (1) to the complainant concerned—

(a) in relation to a recommendation made by virtue of
paragraph 6A(5)(b) or (6)(c), is a reference to the
complainant who applied under paragraph 6A(2) for the
45review;

(b) in relation to a recommendation made by virtue of
paragraph 23(5F) or 24(6A), is a reference to the
complainant whose complaint, having been investigated,
resulted in the submission of the report under paragraph
522;

(c) in relation to a recommendation made by virtue of
paragraph 25(4C)(d) or (4E)(d), is a reference to the
complainant who applied under paragraph 25(1B) for the
review.

(4) 10The Secretary of State may by regulations make further provision
about recommendations under this paragraph.

(5) The regulations may (amongst other things)—

(a) specify the persons to whom recommendations under this
paragraph may be made;

(b) 15authorise the person making a recommendation under this
paragraph (whether the Commission or a local policing
body) to require a response to the recommendation;

(c) require the person making a recommendation under this
paragraph to send a copy of the recommendation, and any
20response to it, to any prescribed person or person of a
prescribed description.”

46 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—

“(3A) Where this paragraph applies—

(a) 25by virtue of sub-paragraph (1)(a) or (b) and the report is a
report of an investigation of a complaint, or

(b) by virtue of sub-paragraph (2),

a recommendation made under sub-paragraph (3) may not be a
recommendation of a kind described in regulations made under
30paragraph 28ZA(1).””

Part 6 Consequential amendments

47 In the Police Reform Act 2002—

(a) in section 15—

(i) 35in subsection (3)(a), omit “, 17”;

(ii) in subsection (5), in the words after paragraph (c), omit “, 17”;

(b) in section 18(2)(b)—

(i) omit “supervision or”;

(ii) for “management” substitute “direction”;

(c) 40in section 20—

(i) in subsection (1)(b), for “management” substitute “direction”;

(ii) in subsection (2), omit the “or” at the end of paragraph (a) and
omit paragraph (b);

(d) in section 21—

(i) 45in subsection (6)(b), for “management” substitute “direction”;

(ii) in subsection (7), omit the “or” at the end of paragraph (a) and
omit paragraph (b);

(e) in section 22—

(i) omit subsection (5)(c);

(ii) 5omit subsection (5)(f);

(f) in section 23—

(i) in subsection (2)(i)—

(a) omit “supervision or”;

(b) for “management” substitute “direction”;

(ii) 10omit subsection (2)(m);

(g) in section 29—

(i) in subsection (1), omit the definition of “local resolution”;

(ii) in subsection (6)—

(a) omit “under the supervision of the Commission,”;

(b) 15for “management” substitute “direction”;

(c) omit “17,”;

(h) in Schedule 3—

(i) in paragraph 19F(1)(a), for “management” substitute
“direction”;

(ii) 20in paragraph 20(1), for paragraph (a) substitute—

“(a) the conduct to which the investigation
relates has been certified in accordance
with regulations under paragraph 20A, or”;

(iii) in paragraph 20, omit sub-paragraph (2);

(iv) 25in paragraph 21A(3), omit “or 17”;

(v) in paragraph 21A(6)(a), for “15(5)” substitute “15(5A) or
(5B)”;

(vi) in paragraph 22(3), omit “17 or”;

(vii) in paragraph 22(7) and (8), for “within paragraph 19C(1)(a) or
30(b)” substitute “to which paragraph 19A applies”;

(viii) in paragraph 23(1)(a), for “management” substitute
“direction”;

(ix) in paragraph 23(13), after “21A(2)” insert “, (2A)”;

(x) in paragraph 24(1), omit the “or” at the end of paragraph (a)
35and omit paragraph (b);

(xi) in paragraph 24(2), omit “or (as the case may be) of the copy”;

(xii) omit paragraph 24(5A) to (5C);

(xiii) in paragraph 24(6), omit “or (as the case may be) copy”;

(xiv) in paragraph 24(11), after “21A(2)” insert “, (2A)”;

(xv) 40in paragraph 24A(1), after “21A(2)” insert “, (2A)”;

(xvi) in paragraph 24B(3)(a), for “15(5)” substitute “15(5A) or (5B)”;

(xvii) in paragraph 25(1), omit the “or” at the end of paragraph (a)
and omit paragraph (b);

(xviii) omit paragraph 27(1)(b) and (3);

(xix) 45in paragraph 27(9)(a), for “(1)(b) or (c)” substitute “(1)(c)”;

(xx) omit paragraph 28;

(xxi) in paragraph 28A(1)(a)—

(a) omit “supervised or”;

(b) for “managed” substitute “directed”;

(xxii) in paragraph 28A(2), in the words before paragraph (a), for
“an appeal” substitute “a review”;

(xxiii) in paragraph 28A(2)(a)—

(a) for “8A” substitute “6A”;

(b) 5for “appeal” substitute “review”;

(xxiv) in paragraph 28A(2)(b) and (3), for “appeal” substitute
“review”;

(xxv) in paragraph 28A(4)(b), for “an appeal” substitute “a review”;

(xxvi) in paragraph 29, omit the definition of “direction and control
10matter”.

48 In the Serious Organised Crime and Police Act 2005—

(a) in Schedule 11, omit paragraphs 3 and 4;

(b) in Schedule 12, omit paragraphs 15, 16(3) and 19.

49 In the Police and Justice Act 2006, in Part 7 of Schedule 1, omit paragraph
1589(4).

50 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).

51 In the Police Reform and Social Responsibility Act 2011—

(a) in Schedule 14, omit paragraphs 8(5), 9(2), 10, 13, 14(2), (4) and (5), 16,
2017, 18, 19 and 20(3) to (11) and (13);

(b) in Schedule 16, omit paragraph 300(4).

52 In the Police (Complaints and Conduct), omit section 1(3).

53 In the Crime and Courts Act 2013, in Part 2 of Schedule 6, omit paragraph
17(3).

54 25In the Anti-social Behaviour, Crime and Policing Act 2014, in Part 3 of
Schedule 11, omit paragraph 95(2) to (5).

Section 26

SCHEDULE 5 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

“Schedule 1 30“Whistle-blowing investigations: procedure

Designation of persons to take part in investigation

1 (1) Paragraph 19(1), (2) and (4) to (8) of Schedule 3 (investigations
under that Schedule by the Commission itself), and any order
made under paragraph 19(4) of that Schedule, apply where the
35Commission decides to carry out an investigation under section
29E(2) as they apply where the Commission has determined to
investigate, or is required to investigate, a complaint, recordable
conduct matter or DSI matter under that Schedule.

(2) In the case of an investigation under section 29E(2) relating to any
40conduct of the Commissioner of Police of the Metropolis or the
Deputy Commissioner of Police of the Metropolis, the person
designated under paragraph 19(2) of Schedule 3 (as applied by

sub-paragraph (1)) must be the person nominated by the Secretary
of State for that purpose.

Protection of anonymity

2 (1) The person in charge of an investigation under section 29E(2), and
5any other person designated for the purposes of the investigation
by virtue of paragraph 1, may not disclose the identity of the
whistle-blower or information that might (whether alone or with
other information) tend to reveal that identity.

(2) Sub-paragraph (1) does not apply to the extent that—

(a) 10the whistle-blower consents to the disclosure of his or her
identity or (as the case may be) to the disclosure of
information that might tend to reveal it, or

(b) the disclosure is authorised by regulations made by the
Secretary of State under section 29J.

(3) 15The person in charge of an investigation under section 29E(2) must
take all reasonable steps to ensure that, where the identity of the
whistle-blower, or information that might tend to reveal that
identity, is disclosed for the purposes of the investigation
(whether with the consent of the whistle-blower or in accordance
20with regulations under section 29J), it is not further disclosed
without the consent of the person in charge.

(4) For the purpose of the duty under sub-paragraph (3), the person
in charge may impose such requirements on persons to whom the
identity of the whistle-blower, or information that might tend to
25reveal that identity, is disclosed as are specified in regulations
made by the Secretary of State for the purpose of this paragraph.

Powers to obtain information etc

3 Paragraphs 19ZA to 19ZC of Schedule 3 apply in relation to an
investigation under section 29E(2) as they apply in relation to an
30investigation under paragraph 19 of that Schedule.

Procedure where conduct matter is revealed during investigation

4 (1) If, during the course of an investigation under section 29E(2), it
appears to the person in charge that there is an indication that a
person serving with the police (“the person whose conduct is in
35question“) may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of
disciplinary proceedings,

the person in charge must make a submission to that effect to the
40Commission.

(2) If, after considering the submission, the Commission determines
that there is such an indication, it must—

(a) notify the appropriate authority in relation to the person
whose conduct is in question of its determination, and

(b) send to it a copy of the submission under sub-paragraph
(1).

(3) Where the appropriate authority in relation to the person whose
conduct is in question is notified under sub-paragraph (2), it must
5record the matter under paragraph 11 of Schedule 3 to this Act as
a conduct matter.

(4) Where a matter is, in accordance with sub-paragraph (3), recorded
under paragraph 11 of Schedule 3 as a conduct matter—

(a) the person in charge of the investigation under section
1029E(2) must (subject to any determination made by the
Commission under paragraph 15(5) of Schedule 3)
continue the investigation as if appointed or designated to
investigate the conduct matter, and

(b) the other provisions of Schedule 3 apply in relation to that
15matter accordingly (subject to regulations under sub-
paragraph (5)).

(5) The Secretary of State may by regulations make provision
modifying Schedule 3 in relation to an investigation of a matter
that, in accordance with sub-paragraph (3), is recorded under
20paragraph 11 of that Schedule as a conduct matter but only for the
purpose of making provision for the protection of the anonymity
of whistle-blowers.

Conclusion of investigation

5 (1) When an investigation under section 29E(2) is concluded, the
25person in charge of the investigation must submit a report on it to
the Commission.

(2) The Commission—

(a) must send a copy of the report to the whistle-blower, and

(b) may, with the consent of the whistle-blower, send a copy
30of the report to the appropriate authority.

(3) The Secretary of State may by regulations make provision for
circumstances in which the duty under sub-paragraph (2)(a) does
not apply.

(4) The power conferred by sub-paragraph (3) may be exercised only
35to the extent that the Secretary of State considers necessary for any
of the permitted non-disclosure purposes.

(5) The Secretary of State may also by regulations make provision for
circumstances in which (despite sub-paragraph (2)(b)) a copy of
the report may be sent to the appropriate authority without the
40consent of the whistle-blower.

(6) The power conferred by sub-paragraph (5) may be exercised only
to the extent that the Secretary of State considers necessary for any
of the permitted disclosure purposes.

(7) Where the Commission would contravene section 21A by sending
45a copy of a report in its entirety to the whistle-blower or to the
appropriate authority, the Commission may comply with its duty

under sub-paragraph (2)(a) or (as the case may be) may exercise its
power under sub-paragraph (2)(b) (or under regulations under
sub-paragraph (5)) by sending instead a copy of the report after
having removed or obscured the information which it is
5prohibited from disclosing by section 21A.

(8) In this paragraph—

(a) “the permitted non-disclosure purposes” has the same
meaning as in section 29I;

(b) “the permitted disclosure purposes” has the same meaning
10as in section 29J.

Power of Commission to make recommendations

6 (1) On receipt of a report under paragraph 5, the Commission may
make a recommendation in relation to any matter dealt with in it.

(2) The Secretary of State may by regulations make further provision
15about recommendations under this paragraph.

(3) The regulations may (amongst other things)—

(a) describe the kinds of recommendations that the
Commission may make under this paragraph;

(b) specify the persons to whom the recommendations may be
20made;

(c) authorise the Commission to require a response to a
recommendation made under this paragraph.”

Section 27

SCHEDULE 6 Disciplinary proceedings: former members of MoD Police, British Transport
25Police and Civil Nuclear Constabulary

Ministry of Defence Police Act 1987 (c. 4)Ministry of Defence Police Act 1987 (c. 4)

1 The Ministry of Defence Police Act 1987 is amended as follows.

2 (1) Section 3A (regulations relating to disciplinary matters) is amended as
follows.

(2) 30After subsection (1A) insert—

“(1B) Regulations under this section may provide for the procedures that
are established by or under regulations made by virtue of subsection
(1A) to apply (with or without modifications) in respect of the
conduct, efficiency or effectiveness of any person where—

(a) 35an allegation relating to the conduct, efficiency or
effectiveness of the person comes to the attention of the chief
constable of the Ministry of Defence Police, the Ministry of
Defence Police Committee, the Independent Police
Complaints Commission, the Police Investigations and
40Review Commissioner or the Police Ombudsman for
Northern Ireland,

(b) at the time of the alleged misconduct, inefficiency or
ineffectiveness the person was a member of the Ministry of
Defence Police, and

(c) either—

(i) 5the person ceases to be a member of the Ministry of
Defence Police after the allegation first comes to the
attention of a person mentioned in paragraph (a), or

(ii) the person had ceased to be a member of the Ministry
of Defence Police before the allegation first came to
10the attention of a person mentioned in paragraph (a)
but the period between the person having ceased to
be a member of the Ministry of Defence Police and the
allegation first coming to the attention of a person
mentioned in paragraph (a) does not exceed the
15period specified in the regulations.

(1C) Regulations made by virtue of subsection (1B) must provide that
disciplinary proceedings which are not the first disciplinary
proceedings to be taken against the person in respect of the alleged
misconduct, inefficiency or ineffectiveness may be taken only if they
20are commenced within the period specified in the regulations, which
must begin with the date when the person ceased to be a member of
the Ministry of Defence Police.”

(3) In subsection (2), for “The regulations” substitute “Regulations under this
section”.

3 25In section 4 (representation etc at disciplinary proceedings), in subsection
(4)—

(a) in the definition of “the officer concerned”, after “member” insert “or,
as the case may be, the former member”;

(b) in the definition of “relevant authority”—

(i) 30after paragraph (a) insert—

• “(“aa)

  where the officer concerned is a former member of the
  Ministry of Defence Police who immediately before
  ceasing to be such a member was not a senior officer, the
  chief constable for the Ministry of Defence Police;”;

(ii) 35after paragraph (b) insert—

• “(“c)

  where the officer concerned is a former member of the
  Ministry of Defence Police who immediately before
  ceasing to be such a member was a senior officer, the
  Ministry of Defence Police Committee;”.

4 40In section 4A (appeals against dismissal etc), in subsection (1)(a), after
“member” insert “, or former member,”.

5 Regulations made in pursuance of section 3A(1B) of the Ministry of Defence
Police Act 1987 (as inserted by paragraph 2)—

(a) may not make provision in relation to a person who ceases to be a
45member of the Ministry of Defence Police before the coming into
force of paragraph 2 of this Schedule;

(b) 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,
50inefficiency 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
5member of the Ministry of Defence Police.

Railways and Transport Safety Act 2003 (c. 20)Railways and Transport Safety Act 2003 (c. 20)

6 The Railways and Transport Safety Act 2003 is amended as follows.

7 In section 36 (police regulations: general), after subsection (1) insert—

“(1A) To the extent that subsection (1) concerns regulations made in
10pursuance of section 50(3A) of the Police Act 1996, or matters that
could be dealt with by such regulations, the reference in subsection
(1) to constables or other persons employed in the service of the
Police Force includes former constables and other persons formerly
employed in the service of the Police Force.”

8 15In section 37 (police regulations: special constables), after subsection (1)
insert—

“(1ZA) To the extent that subsection (1) concerns regulations made in
pursuance of section 51(2B) of the Police Act 1996, or matters that
could be dealt with by such regulations, the reference in subsection
20(1) to special constables of the Police Force includes former special
constables of the Police Force.”

9 In section 42 (police regulations by Secretary of State), in subsection (3)—

(a) after “50(3)” insert “or (3A)”;

(b) after “51(2A)” insert “or (2B)”.

10 25Regulations 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
30Police Force and other persons formerly employed in the service of the
British Transport Police Force—

(a) may not make provision that would not be permitted in relation to
former members of a police force and former special constables by
section27(7)(a);

(b) 35may make provision that would be permitted in relation to former
members of a police force and former special constables by section
27(7)(b).

Energy Act 2004 (c. 20)Energy Act 2004 (c. 20)

11 The Energy Act 2004 is amended as follows.

12 40In section 58 (government, administration and conditions of service of Civil
Nuclear Constabulary), in subsection (1)(a), after “members” insert “or
former members”.

13 (1) In Schedule 13 (directions by Secretary of State about Civil Nuclear
Constabulary), paragraph 3 (government, administration and conditions of
45service) is amended as follows.