Policing and Crime Bill (HC Bill 3)

Policing and Crime BillPage 230

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
section 27(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.

Policing and Crime BillPage 231

(2) After sub-paragraph (2) insert—

(2A) To the extent that sub-paragraph (2) concerns provision that may
be made in pursuance of section 50(3A) of the Police Act 1996, the
reference in sub-paragraph (1) to members of the Constabulary
5includes former members.”

14 Provision made by the Civil Nuclear Police Authority that relates to former
members of the Civil Nuclear Constabulary and matters which are the
subject of regulations made in pursuance of section 50(3A) of the Police Act
1996—

(a) 10may not be provision that would not be permitted in relation to
former members of a police force and former special constables by
section 27(7)(a);

(b) may be provision that would be permitted in relation to former
members of a police force and former special constables by section
1527(7)(b).

Section 28

SCHEDULE 7 Part to be inserted as Part 4A of the Police Act 1996

Part 4A 20Police barred list and police advisory list

Police barred list

88A Duty to report dismissals etc to College of Policing

(1) The relevant authority must report a person to the College of
Policing where—

(a) 25the person ceases to be a member of a police force or a special
constable by virtue of being dismissed at proceedings
conducted under regulations made in pursuance of section
50(3) or 51(2A);

(b) the person is a former member of a police force or a former
30special constable and there is a finding in relation to the
person in disciplinary proceedings that the person would
have been dismissed if the person had still been a member of
a police force or a special constable;

(c) the person ceases to be a civilian police employee by virtue of
35being dismissed and the reason, or one of the reasons, for the
dismissal relates to conduct, efficiency or effectiveness;

(d) the person is a former civilian police employee and there is a
finding in relation to the person in disciplinary proceedings
that the person would have been dismissed if the person had
40still been such an employee.

(2) A report under subsection (1)—

Policing and Crime BillPage 232

(a) must be made within such period as is specified in
regulations made by the Secretary of State;

(b) must include such information as is so specified.

(3) In this section “relevant authority” means—

(a) 5in relation to a person falling within subsection (1)(a), other
than a person who was a chief officer of police immediately
before being dismissed, the chief officer of police of the police
force of which the person was a member, or for which the
person was appointed as a special constable, at that time;

(b) 10in relation to a person falling within subsection (1)(a) who
was a chief officer of police immediately before being
dismissed, the local policing body for the police force of
which the person was a member at that time;

(c) in relation to a person falling within subsection (1)(b), other
15than a former chief officer of police, the chief officer of police
of the police force of which the person was last a member or
for which the person was last appointed as a special
constable;

(d) in relation to a person falling within subsection (1)(b) who is
20a former chief officer of police, the local policing body for the
police force of which the person was last a member;

(e) in relation to a person falling within subsection (1)(c), the
chief officer of police under whose direction and control the
person was immediately before being dismissed;

(f) 25in relation to a person falling within subsection (1)(d), the
chief officer of police under whose direction and control the
person was immediately before ceasing to be a civilian police
employee.

(4) In this section “disciplinary proceedings” means—

(a) 30in relation to a former member of a police force or a former
special constable, proceedings conducted under regulations
made in pursuance of section 50(3A) or 51(2B);

(b) in relation to a former civilian police employee, any
proceedings that are identified as disciplinary proceedings in
35relation to such a person by regulations made by the
Secretary of State.

(5) For the purposes of this section, a person is a civilian police employee
if the person is—

(a) a member of the civilian staff of a police force, including the
40metropolitan police force (within the meaning of Part 1 of the
Police Reform and Social Responsibility Act 2011), or

(b) a person employed by the Common Council of the City of
London in its capacity as police authority who is under the
direction and control of the Commissioner of Police for the
45City of London.

(6) A person is dismissed for the purposes of subsection (1)(c) if the
circumstances in which the person ceases to be a civilian police
employee amount to dismissal within the meaning of Part 10 of the
Employment Rights Act 1996 (see section 95 of that Act).

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(7) Regulations under this section may make different provision for
different cases and circumstances.

(8) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
5Parliament.

88B Duty to maintain police barred list

(1) The College of Policing must maintain a list of persons who are
reported to the College under section 88A.

(2) The list maintained under subsection (1) is to be known as the police
10barred list.

(3) The police barred list must include such information in relation to a
person reported to the College of Policing under section 88A as is
specified in regulations made by the Secretary of State.

(4) Regulations under this section—

(a) 15may make different provision for different cases and
circumstances;

(b) may confer a discretion on the College of Policing.

(5) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
20Parliament.

88C Effect of inclusion in police barred list

(1) A person who is included in the police barred list is a barred person
for the purposes of this section and sections 88D and 88E.

(2) Before employing or appointing any person, a person mentioned in
25subsection (5) must check with the College of Policing whether the
proposed employee or proposed appointee (as the case may be) is a
barred person.

(3) A person mentioned in subsection (5) may not employ a barred
person or otherwise appoint a barred person to any position.

(4) 30For the purposes of subsections (2) and (3) a person who is to be
seconded to work for a person mentioned in subsection (5), and who
will not be employed by that person, is to be regarded as being
appointed by that person.

(5) The persons referred to in subsections (2) to (4) are—

(a) 35a chief officer of police;

(b) a local policing body;

(c) the chief inspector of constabulary;

(d) the Independent Police Complaints Commission;

(e) a person specified in regulations made by the Secretary of
40State.

(6) A person may be specified in regulations under subsection (5)(e)
only if the person has relevant public functions.

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(7) In this section and sections 88D and 88E “relevant public functions”
means functions of a public nature exercisable in, or in relation to,
England and Wales that relate to policing or law enforcement.

(8) A statutory instrument containing regulations under subsection
5(5)(e) is subject to annulment in pursuance of a resolution of either
House of Parliament.

88D Application of section 88C to persons with mixed functions

(1) If a person to be specified in regulations under section 88C(5)(e) has
both relevant public functions and other functions, the person may
10be so specified as follows (but not otherwise)—

(a) in relation to the exercise of the person’s relevant public
functions, or

(b) in relation to the exercise of such of those relevant public
functions as are of a description specified in the regulations.

(2) 15In this section—

(a) a person who is specified in regulations under section
88C(5)(e) is referred to as a specified person, and

(b) in relation to that person, the functions in relation to the
exercise of which the person is specified are referred to as
20specified functions.

(3) In relation to a specified person—

(a) the duties in section 88C(2) and (3) apply only to the extent
that the proposed employee or proposed appointee (as the
case may be) will be involved in the exercise of specified
25functions;

(b) the additional duties in subsections (3) and (4) of this section
apply where the specified person is proposing to arrange for
an existing employee or existing appointee to become
involved in the exercise of specified functions (not having
30previously been so involved).

(4) Before making the arrangement, the specified person must check
with the College of Policing whether the existing employee or
existing appointee (as the case may be) is a barred person.

(5) The specified person may not arrange for an existing employee or
35existing appointee who is a barred person to become involved in the
exercise of specified functions.

(6) For the purposes of subsections (3) to (5) a person who is seconded
to work for a specified person is to be regarded as an existing
appointee of that person (if not an existing employee of that person).

88E 40Prohibition on contractors using barred persons

(1) A person mentioned in section 88C(5) may not enter into a contract
for the provision of services if the terms of the contract would permit
a barred person to be involved in the exercise of relevant public
functions.

(2) 45A local policing body may not enter into a contract for the provision
of services to a chief officer of police if the terms of the contract

Policing and Crime BillPage 235

would permit a barred person to be involved in the exercise of
relevant public functions.

(3) Subsection (1) applies in relation to a person specified in regulations
under section 88C(5)(e) as described in section 88D(1)(b) as if the
5reference in subsection (1) to relevant public functions were a
reference to those relevant public functions in relation to the exercise
of which the person is specified.

88F Removal from police barred list

(1) This section applies where a relevant authority reports a person to
10the College of Policing under section 88A and—

(a) in relation to a person reported by virtue of section 88A(1)(a),
the person is reinstated as a member of a police force or a
special constable (as the case may be) at proceedings
conducted under rules made under section 85;

(b) 15in relation to a person reported by virtue of section 88A(1)(b),
the finding that the person would have been dismissed is set
aside at proceedings conducted under rules made under
section 85;

(c) in relation to a person reported by virtue of section 88A(1)(c),
20the dismissal is found to have been an unfair dismissal—

(i) following a complaint under section 111 of the
Employment Rights Act 1996, and

(ii) whether by an employment tribunal or on appeal;

(d) in relation to a person reported by virtue of section 88A(1)(d),
25the finding that the person would have been dismissed is set
aside at proceedings that are identified as appeal proceedings
by regulations made by the Secretary of State.

(2) Where this section applies, the relevant authority must make a
further report to the College of Policing in relation to the person.

(3) 30A report under subsection (2)—

(a) must be made within such period as is specified in
regulations made by the Secretary of State;

(b) must include such information as is so specified.

(4) On receipt of a report under subsection (2) in relation to a person the
35College of Policing must remove the person from the police barred
list.

(5) The Secretary of State may by regulations make provision in
connection with the removal of a person from the police barred list
otherwise than under subsection (4).

(6) 40Regulations under subsection (5) may confer functions on the
College of Policing including functions which involve the exercise of
a discretion.

(7) “Relevant authority” has the same meaning in this section as it has in
section 88A.

(8) 45Regulations under this section may make different provision for
different cases and circumstances.

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(9) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

88G Publication of information in police barred list

(1) 5This section applies to a person who—

(a) is included in the police barred list, and

(b) is of a description specified in regulations made by the
Secretary of State.

(2) The College of Policing must (in accordance with subsection (3))
10publish such information included in the police barred list in relation
to a person to whom this section applies as is specified in regulations
made by the Secretary of State.

(3) Information published under subsection (2) must—

(a) be published in such manner as the College of Policing
15considers appropriate,

(b) be published within such period following its inclusion in the
police barred list as is specified in regulations made by the
Secretary of State,

(c) remain published by the College for a period of 5 years
20beginning with the date on which it is first published, and

(d) cease to be published by the College at the end of that period.

(4) The Secretary of State may by regulations provide for the duty in
subsection (2) to be subject to exceptions.

(5) Regulations under subsection (4) may (amongst other things) make
25provision which has the effect that—

(a) information is never published;

(b) information ceases to be published by the College of Policing
before the end of the period referred to in subsection (3)(c).

(6) Regulations which make provision of the type described in
30subsection (5)(b) may confer functions on the College of Policing
including functions which involve the exercise of a discretion.

(7) Regulations under this section may make different provision for
different cases and circumstances.

(8) A statutory instrument containing regulations under this section is
35subject to annulment in pursuance of a resolution of either House of
Parliament.

88H Power to disclose information in police barred list

The College of Policing may, if it considers it to be in the public
interest to do so, disclose to any person information included in the
40police barred list which relates to a particular person who is included
in the police barred list.

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Police advisory list

88I Duty to report resignations and retirements to College of Policing

(1) The relevant authority must report a person to the College of
Policing where—

(a) 5the person ceases to be a person serving with the police by
resigning or retiring after a relevant allegation about the
person comes to the attention of the relevant authority;

(b) the person is a former member of a police force or a former
special constable and a relevant allegation about the person
10comes to the attention of the relevant authority after the
person having ceased to be a member of a police force or a
special constable (as the case may be) by resigning or retiring.

(2) But the duty in subsection (1)(b) applies only if the period between
the person resigning or retiring and the allegation coming to the
15attention of the relevant authority does not exceed the relevant
period.

(3) A report under subsection (1)—

(a) must be made within such period as is specified in
regulations made by the Secretary of State;

(b) 20must include such information as is so specified.

(4) In this section “relevant authority” means—

(a) in relation to a person who was a member of a police force,
other than a chief officer of police, immediately before
resigning or retiring, the chief officer of police of that police
25force;

(b) in relation to a person who was a chief officer of police
immediately before resigning or retiring, the local policing
body for the police force of which the person was a member
at that time;

(c) 30in relation to a person who was a special constable
immediately before resigning or retiring, the chief officer of
police of the police force for which the person was appointed
as a special constable immediately before resigning or
retiring;

(d) 35in relation to a person who was a civilian police employee
immediately before resigning or retiring, the chief officer of
police under whose direction and control the person was at
that time.

(5) For the purposes of this section a person is serving with the police if
40the person is—

(a) a member of a police force,

(b) a special constable, or

(c) a civilian police employee (within the meaning of section
88A).

(6) 45For the purposes of this section an allegation about a person is a
relevant allegation if—

(a) it relates to the conduct, efficiency or effectiveness of the
person, and

Policing and Crime BillPage 238

(b) the allegation (if proved) is of a type that might have resulted
in the person being dismissed as described in section
88A(1)(a) or (c) if the person had not resigned or retired.

(7) In this section the “relevant period” means—

(a) 5in relation to a person who was a member of a police force
immediately before resigning or retiring, the period specified
in regulations made by the Secretary of State for the purposes
of section 50(3A)(c)(ii);

(b) in relation to a person who was a special constable
10immediately before resigning or retiring, the period specified
in regulations made by the Secretary of State for the purposes
of section 51(2B)(c)(ii).

(8) Regulations under this section may make different provision for
different cases and circumstances.

(9) 15A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

88J Duty to maintain police advisory list

(1) The College of Policing must maintain a list of persons who are
20reported to the College under section 88I.

(2) The list maintained under subsection (1) is to be known as the police
advisory list.

(3) The police advisory list must include such information in relation to
a person reported to the College of Policing under section 88I as is
25specified in regulations made by the Secretary of State.

(4) Regulations under this section—

(a) may make different provision for different cases and
circumstances;

(b) may confer a discretion on the College of Policing.

(5) 30A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

88K Effect of inclusion in police advisory list

(1) Before employing or appointing any person, a person mentioned in
35subsection (3) must check with the College of Policing whether the
proposed employee or proposed appointee (as the case may be) is
included in the police advisory list.

(2) For the purposes of subsection (1) a person who is to be seconded to
work for a person mentioned in subsection (3), and who will not be
40employed by that person, is to be regarded as being appointed by
that person.

(3) The persons referred to in subsections (1) and (2) are—

(a) a chief officer of police;

(b) a local policing body;

(c) 45the chief inspector of constabulary;

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(d) the Independent Police Complaints Commission;

(e) a person specified in regulations made by the Secretary of
State for the purposes of section 88C(5)(e).

(4) In this section—

(a) 5a person who is specified in regulations under section
88C(5)(e) is referred to as a specified person, and

(b) in relation to that person, the functions in relation to the
exercise of which the person is specified are referred to as
specified functions.

(5) 10In relation to a specified person—

(a) the duty in subsection (1) applies only to the extent that the
proposed employee or proposed appointee (as the case may
be) will be involved in the exercise of specified functions;

(b) the additional duty in subsection (6) applies where the
15specified person is proposing to arrange for an existing
employee or existing appointee to become involved in the
exercise of specified functions (not having previously been so
involved).

(6) Before making the arrangement, the specified person must check
20with the College of Policing whether the existing employee or
existing appointee (as the case may be) is included in the police
advisory list.

(7) For the purposes of subsections (5) and (6) a person who is seconded
to work for a specified person is to be regarded as an existing
25appointee of that person (if not an existing employee of that person).

88L Removal from police advisory list

(1) Subsection (2) applies where a relevant authority reports a person to
the College of Policing under section 88I(1)(a) or (b) and—

(a) it is determined that no disciplinary proceedings will be
30brought against the person,

(b) the disciplinary proceedings brought against the person are
withdrawn, or

(c) the disciplinary proceedings brought against the person are
concluded without there being a finding that the person
35would have been dismissed if the person had still been a
person serving with the police.

(2) Where this subsection applies, the relevant authority must make a
further report to the College of Policing in relation to the person.

(3) A report under subsection (2)—

(a) 40must be made within such period as is specified in
regulations made by the Secretary of State;

(b) must include such information as is so specified.

(4) On receipt of a report under subsection (2) in relation to a person the
College of Policing must remove the person from the police advisory
45list.