Policing and Crime Bill (HC Bill 158)

Director General

2 (1) Paragraph 1 (chairman) is amended as follows.

(2) For sub-paragraph (1) substitute—

“(1) The Director General holds office in accordance with the terms of
5his or her appointment.

(1A) A person who holds office as Director General must not be an
employee of the Office (but may have been such an employee
before appointment as the Director General).”

(3) In sub-paragraph (2) for “chairman of the Commission” substitute “Director
10General”.

(4) In sub-paragraph (3)—

(a) for “chairman of the Commission” substitute “Director General”;

(b) for “chairman” substitute “Director General”.

(5) In sub-paragraph (4)—

(a) 15for “chairman of the Commission” substitute “Director General”;

(b) for “chairman” substitute “Director General”.

(6) In sub-paragraph (5) for “chairman” substitute “Director General”.

Appointment etc of members

3 After paragraph 1 insert—

20““Appointment of members

1A (1) The non-executive members of the Office are to be appointed by
the Secretary of State.

(2) A person who is a non-executive member must not be an
employee of the Office (but may have been such an employee
25before appointment as a non-executive member).

1B (1) The employee members of the Office are to be appointed from the
staff of the Office by the non-executive members.

(2) If the non-executive members propose to appoint an employee
member, the Director General must recommend a person to the
30non-executive members for appointment.

(3) The Director General may also recommend a person to the non-
executive members for appointment as an employee member
without any proposal having been made under sub-paragraph (2).

(4) On a recommendation of a person for appointment under sub-
35paragraph (2) or (3), the non-executive members may—

(a) appoint the person, or

(b) reject the recommendation.

(5) If the non-executive members reject a recommendation they may
require the Director General to recommend another person for

appointment (in which case this sub-paragraph applies again and
so on until somebody is appointed).”

4 (1) Paragraph 2 (ordinary members of the Commission) is amended as follows.

(2) In sub-paragraph (1) for “an ordinary” substitute “a non-executive”.

(3) 5Omit sub-paragraph (2).

(4) In sub-paragraph (3) for “an ordinary” substitute “a non-executive”.

(5) In sub-paragraph (4)—

(a) for “an ordinary”, in both places, substitute “a non-executive”;

(b) for “five” substitute “three”.

(6) 10In sub-paragraph (5)—

(a) for “An ordinary” substitute “A non-executive”;

(b) for “his office as a member of the Commission” substitute “from
being a non-executive member of the Office”.

(7) In sub-paragraph (6)—

(a) 15for “an ordinary” substitute “a non-executive”;

(b) omit paragraph (b).

(8) Omit sub-paragraph (8).

5 After paragraph 2 insert—

““Terms of appointment etc: employee members

2A (1) 20A person holds office as an employee member in accordance with
the terms of his or her appointment (subject to the provisions of
this Schedule).

(2) Those terms may not include arrangements in relation to
remuneration.

(3) 25An appointment as an employee member may be full-time or part-
time.

(4) The appointment of an employee member terminates—

(a) if the terms of the member’s appointment provides for it to
expire at the end of a period, at the end of that period, and

(b) 30in any event, when the member ceases to be an employee
of the Office.

(5) An employee member may resign by giving written notice to the
non-executive members.

(6) The non-executive members may terminate the appointment of an
35employee member by giving the member written notice if they are
satisfied that any of the grounds mentioned in paragraph 2(6)(a)
to (g) apply in relation to the employee member.”

6 Omit paragraph 3 (deputy chairmen) (including the italic heading before
that paragraph).

7 40Omit paragraph 5 (chief executive) (including the italic heading before that
paragraph).

Vacancy or incapacity in office of Director General

8 After paragraph 3 insert—

““Director General: vacancy or incapacity

3A (1) This paragraph applies if—

(a) 5the office of Director General is vacant, or

(b) it appears to the Office that the ability of the Director
General to carry out the Director General’s functions is
seriously impaired because of ill health (whether mental or
physical).

(2) 10The Office may, with the agreement of the Secretary of State,
authorise an employee of the Office to carry out the functions of
the Director General during the vacancy or period of ill health.

(3) A person who falls within section 9(3) may not be authorised
under this paragraph to carry out the functions of the Director
15General.

(4) A person who has been sentenced to a term of imprisonment of
three months or more may not, at any time in the five years
following the day of sentence, be authorised under this paragraph
to carry out the functions of the Director General.

(5) 20Paragraph 1(6) applies for the purposes of sub-paragraph (4).

(6) Authorisation of a person under this paragraph ceases to have
effect—

(a) at the end of the vacancy or period of ill health,

(b) on the Office revoking the authorisation for any reason, or

(c) 25on the Secretary of State withdrawing agreement to the
authorisation for any reason.”

Remuneration arrangements

9 (1) Paragraph 4 (remuneration, pensions etc of members) is amended as
follows.

(2) 30In sub-paragraph (1), for the words from “the chairman” to the end
substitute “the Director General as the Secretary of State may determine”.

(3) In sub-paragraph (2)—

(a) in paragraph (a), for “chairman, deputy chairman or member of the
Commission” substitute “Director General”;

(b) 35in the words after paragraph (b) for “Commission” substitute
“Office”.

(4) After sub-paragraph (2) insert—

“(3) The Secretary of State may make remuneration arrangements in
relation to non-executive members of the Office.

(4) 40Remuneration arrangements under sub-paragraph (3)—

(a) may make provision for a salary, allowances and other
benefits but not for a pension, and

(b) may include a formula or other mechanism for adjusting
one or more of those elements from time to time.

(5) Amounts payable by virtue of sub-paragraph (4) are to be paid by
the Office.”

5Staff

10 (1) Paragraph 6 (staff) is amended as follows.

(2) For sub-paragraph (1) substitute—

“(1) The Office may appoint staff.”

(3) In sub-paragraph (2) for “Commission”, in both places, substitute “Office”.

(4) 10In sub-paragraph (3)—

(a) for “Commission” substitute “Office”;

(b) after “staffing” insert “(including arrangements in relation to terms
and conditions and management of staff)”;

(c) for “it” substitute “the Director General”.

(5) 15In sub-paragraph (4)—

(a) for “Commission”, in the first place, substitute “Office”;

(b) for “Commission”, in the second place, substitute “Director General”.

(6) After sub-paragraph (4) insert—

“(4A) The powers under this paragraph are exercisable only by the
20Director General acting on behalf of the Office (subject to the
power under paragraph 6A(1)).”

(7) In sub-paragraph (5) for “by the Commission of its” substitute “of the”.

Delegation of functions

11 After paragraph 6 insert—

25““Delegation of functions

6A (1) The Director General may authorise a person within sub-
paragraph (2) to exercise on the Director General’s behalf a
function of the Director General.

(2) The persons within this sub-paragraph are—

(a) 30employee members of the Office;

(b) employees of the Office appointed under paragraph 6;

(c) seconded constables within the meaning of paragraph 8.

(3) The reference in sub-paragraph (1) to a function of the Director
General is to any function that the Director General has under this
35Act or any other enactment.

(4) A person (“A”) who is authorised under sub-paragraph (1) to
exercise a function may authorise another person within sub-
paragraph (2) to exercise that function (but only so far as
permitted to do so by the authorisation given to A).

(5) An authorisation under this paragraph may provide for a function
to which it relates to be exercisable—

(a) either to its full extent or to the extent specified in the
authorisation;

(b) 5either generally or in cases, circumstances or areas so
specified;

(c) either unconditionally or subject to conditions so specified.

(6) Provision under sub-paragraph (5) may (in particular) include
provision for restricted persons not to exercise designated
10functions.

(7) For the purposes of sub-paragraph (6)—

(a) “designated functions” are any functions of the Director
General that are designated by the Director General for the
purposes of this paragraph (and such functions may in
15particular be designated by reference to the position or
seniority of members of staff);

(b) “restricted persons” are, subject to any determination
made under sub-paragraph (8), persons who fall within
section 9(3).

(8) 20The Director General may, in such circumstances as the Director
General considers appropriate, determine that persons are not to
be treated as restricted persons so far as relating to the exercise of
designated functions (whether generally or in respect of particular
functions specified in the determination).

(9) 25The Director General must publish a statement of policy about
how the Director General proposes to exercise the powers
conferred by sub-paragraphs (7)(a) and (8).

(10) The statement must in particular draw attention to any restrictions
on the carrying out of functions imposed by virtue of their
30designation under sub-paragraph (7)(a) and explain the reasons
for imposing them.

(11) The exercise of the powers conferred by sub-paragraphs (7)(a) and
(8) is subject to any regulations under section 23(1) of the kind
mentioned in section 23(2)(g) (regulations limiting persons who
35may be appointed to carry out investigations etc).

(12) An authorisation under this paragraph does not prevent the
Director General from exercising the function to which the
authorisation relates.

(13) Anything done or omitted to be done by or in relation to a person
40authorised under this paragraph in, or in connection with, the
exercise or purported exercise of the function to which the
authorisation relates is to be treated for all purposes as done or
omitted to be done by or in relation to the Director General.

(14) Sub-paragraph (13) does not apply for the purposes of any
45criminal proceedings brought in respect of anything done or
omitted to be done by the authorised person.”

Protection from personal liability

12 After paragraph 7 insert—

““Liability for acts of the Director General

7A (1) A person holding office as the Director General has no personal
5liability for an act or omission done by the person in the exercise
of the Director General’s functions unless it is shown to have been
done otherwise than in good faith.

(2) The Office is liable in respect of unlawful conduct of the Director
General in the carrying out, or purported carrying out, of the
10Director General’s functions in the same way as an employer is
liable in respect of any unlawful conduct of employees in the
course of their employment.

(3) Accordingly, the Office is to be treated, in the case of any such
unlawful conduct which is a tort, as a joint tortfeasor.”

15Regional offices

13 For paragraph 9 (power of Commission to set up regional offices)
substitute—

“9 (1) The Office may set up regional offices in places in England and
Wales.

(2) 20But the power under sub-paragraph (1) is exercisable only by the
Director General acting on behalf of the Office (subject to the
power in paragraph 6A(1)).

(3) The power under sub-paragraph (1) may be exercised—

(a) only with the consent of the Secretary of State, and

(b) 25only if it appears to the Director General necessary to do so
for the purpose of ensuring that the functions of the
Director General, or those of the Office, are carried out
efficiently and effectively.”

Proceedings

14 30In paragraph 10 (proceedings), after sub-paragraph (1) insert—

“(1A) But the arrangements must include provision for—

(a) the quorum for meetings to be met only if a majority of
members present are non-executive members of the Office,
and

(b) 35an audit committee of the Office to be established to
perform such monitoring, reviewing and other functions
as are appropriate.

(1B) The arrangements must secure that the audit committee consists
only of non-executive members of the Office.”

Part 2 Minor and Consequential Amendments to the Police Reform Act 2002

15 The Police Reform Act 2002 is amended in accordance with this Part of this
Schedule.

16 5For the italic heading before section 9, substitute “The Office for Police
Conduct”.

17 (1) Section 10 (general functions of the Commission) is amended as follows.

(2) In subsection (1)(a) omit “itself”.

(3) In subsection (1)(e) for “its” substitute “the Director General’s”.

(4) 10In subsection (1)(f) for “it” substitute “the Director General”.

(5) In subsection (3) for “it” substitute “the Director General”.

(6) In subsection (3A) (as inserted by this Act), for “it” substitute “the Director
General”.

(7) In subsection (3B) (as inserted by this Act), for “it” substitute “the Director
15General”.

(8) In subsection (4), in paragraph (a)—

(a) for “it”, in both places, substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(9) In subsection (6)—

(a) 20for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(10) In subsection (7)—

(a) for “it”, in both places, substitute “the Director General”;

(b) for “its”, in both places, substitute “the Director General’s”.

18 (1) 25Section 11 (reports to the Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) for “its”, in the first place it occurs, substitute “the Office’s”;

(b) for “Commission shall” substitute “Director General and the Office
must jointly”;

(c) 30for “its”, in the second place it occurs, substitute “their”.

(3) For subsection (2) substitute—

“(2) The Secretary of State may also require reports to be made (at any
time)—

(a) by the Director General about the carrying out of the Director
35General’s functions,

(b) by the Office about the carrying out of the Office’s functions,
or

(c) jointly by the Director General and the Office about the
carrying out of their functions.”

(4) After subsection (2) insert—

“(2A) The Director General may, from time to time, make such other
reports to the Secretary of State as the Director General considers
appropriate for drawing the Secretary of State’s attention to matters
5which—

(a) have come to the Director General’s notice, and

(b) are matters which the Director General considers should be
drawn to the attention of the Secretary of State by reason of
their gravity or of other exceptional circumstances.”

(5) 10In subsection (3)—

(a) for “Commission” substitute “Office”;

(b) for “Commission’s” substitute “Office’s”.

(6) After subsection (3) insert—

“(3A) The Director General and the Office may jointly make reports under
15subsections (2A) and (3).”

(7) In subsection (4)—

(a) for “Commission” substitute “Director General”;

(b) for “it”, in both places, substitute “the Director General”;

(c) for “its” substitute “the Director General’s”.

(8) 20In subsection (6) for “Commission” substitute “Office”.

(9) After subsection (6) insert—

“(6A) The Director General must send a copy of every report under
subsection (2A) —

(a) to any local policing body that appears to the Director
25General to be concerned, and

(b) to the chief officer of police of any police force that appears to
the Director General to be concerned.”

(10) In subsection (7) for “Commission”, in both places, substitute “Office”.

(11) In subsection (8)—

(a) 30after “subsection” insert “(2A) or”;

(b) for “Commission” substitute “Director General or the Office (as the
case may be)”.

(12) In subsection (9)—

(a) after “subsection” insert “(2A) or”;

(b) 35for “Commission” substitute “Director General or the Office (as the
case may be)”.

(13) In subsection (10) for “Commission” substitute “Director General”.

(14) In subsection (11)—

(a) for “Commission”, in each place, substitute “Director General”;

(b) 40for “it” substitute “the Director General”;

(c) for “(3)” substitute “(2A)”.

(15) After subsection (11) insert—

“(12) The Office must send a copy of every report made or prepared by it
under subsection (3) to such of the persons (in addition to those
specified in the preceding subsections) who—

(a) 5are referred to in the report, or

(b) appear to the Office otherwise to have a particular interest in
its contents,

as the Office thinks fit.

(13) Where a report under subsection (2A) or (3) is prepared jointly by
10virtue of subsection (3A), a duty under this section to send a copy of
the report to any person is met if either the Director General or the
Office sends a copy to that person.”

19 In section 12 (complaints, matters and persons to which Part 2 applies), in
subsection (6)(a) for “Commission” substitute “Director General”.

20 (1) 15Section 13B (power of the Commission to require re-investigation) (as
inserted by this Act) is amended as follows.

(2) For “Commission”, in each place (including the heading), substitute
“Director General”.

(3) In subsection (1)—

(a) 20for “it”, in both places, substitute “the Director General”;

(b) 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)”.

(4) 25In subsection (2) for “it” substitute “the Director General”.

(5) In subsection (3) for “it” substitute “the Director General”.

(6) In subsection (9)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

(7) 30In subsection (10)—

(a) for “it” substitute “the Director General”;

(b) for “its” substitute “the Director General’s”.

21 (1) Section 15 (general duties of local policing bodies, chief officers and
inspectors) is amended as follows.

(2) 35In subsection (3), in the words after paragraph (c) after “Director General”
insert “of the Agency”.

(3) In subsection (4)—

(a) for “Commission”, in each place, substitute “Director General”;

(b) for “Commission’s” substitute “Office’s”.

22 (1) 40Section 16 (payment for assistance with investigations) is amended as
follows.

(2) For “Commission”, in each place except as mentioned in sub-paragraph (3),
substitute “Director General”.

(3) In subsection (4), for “the Commission”, in the second place where it occurs,
substitute “Office”.

(4) In subsection (5)(b), after “Director General” insert “of that Agency”.

23 (1) Section 17 (provision of information to the Commission) is amended as
5follows.

(2) For “Commission”, in each place (including the heading), substitute
“Director General”.

(3) In subsection (2)—

(a) for “it” substitute “the Director General”;

(b) 10for “its” substitute “the Director General’s”.

24 (1) Section 18 (inspections of police premises on behalf of the Commission) is
amended as follows.

(2) For “Commission”, in each place (including the heading and provisions
inserted by amendments made by this Act), substitute “Director General”.

(3) 15In subsection (2)(b), for “its” substitute “the Director General’s”.

25 (1) Section 19 (use of investigatory powers by or on behalf of the Commission)
is amended as follows.

(2) In the heading, for “Commission” substitute “Director General”.

(3) In subsection (1), for “Commission’s” substitute “Director General’s”.

26 (1) 20Section 20 (duty to keep complainant informed) is amended as follows.

(2) For “Commission”, in each place (including provisions inserted by
amendments made by this Act), substitute “Director General”.

(3) In subsection (1)(b) for “its” substitute “the Director General’s”.

(4) In subsection (3) for “it”, where it occurs after “as”, substitute “the Director
25General”.

(5) In subsection (8A) (as inserted by this Act)—

(a) for “its” substitute “their”;

(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;

(c) after “submitted”, in the second place it occurs, insert “(or
30completed)”.

(6) In subsection (9) for “its” substitute “their”.

27 (1) Section 21 (duty to provide information for other persons) is amended as
follows.

(2) For “Commission”, in each place (including provisions inserted by
35amendments made by this Act), substitute “Director General”.

(3) In subsection (6)(b) for “its” substitute “the Director General’s”.

(4) In subsection (8) for “it”, where it occurs after “as”, substitute “the Director
General”.

(5) In subsection (11A) (as inserted by this Act)—

(a) 40for “its” substitute “their”;