Policing and Crime Bill (HC Bill 3)

(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”;

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

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

28 In section 21A (restriction on disclosure of sensitive information) (as
5inserted by this Act), for “Commission”, in each place, substitute “Director
General”.

29 In section 21B (provision of sensitive information to the Commission and
certain investigators) (as inserted by this Act), for “Commission”, in each
place (including the heading), substitute “Director General”.

30 (1) 10Section 22 (power of the Commission to issue guidance) is amended as
follows.

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

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

31 (1) 15Section 23 (regulations) is amended as follows.

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

(3) In subsection (2)(o) for “it” substitute “the Director General or the Office”.

32 In section 24 (consultation on regulations), for paragraph (a) substitute—

“(a) the Office;

(aa) 20the Director General;”.”

33 In section 26 (forces maintained otherwise than by local policing bodies), for
“Commission”, in each place, substitute “Director General”.

34 In section 26BA (College of Policing), for “Commission”, in both places,
substitute “Director General”.

35 (1) 25Section 26C (the National Crime Agency) is amended as follows.

(2) In subsection (1)—

(a) for “Independent Police Complaints Commission” substitute
“Director General”;

(b) before “and other” insert “of the National Crime Agency”.

(3) 30In subsection (2) for “Independent Police Complaints Commission”
substitute “the Office or its Director General”.

(4) In subsection (4) for “Independent Police Complaints Commission”, in both
places, substitute “Director General”.

(5) In subsection (5)—

(a) 35for “Independent Police Complaints Commission” substitute
“Director General”;

(b) for “Commission’s”, in both places, substitute “Director General’s”;

(c) for “Commission” substitute “Director General”.

36 (1) Section 26D (labour abuse prevention officers) is amended as follows.

(2) 40For “Commission”, in each place, substitute “Director General”.

(3) In subsection (4), for “Commission’s”, in both places, substitute “Director
General’s”.

37 (1) Section 27 (conduct of the Commission’s staff) is amended as follows.

(2) For “Commission’s”, in each place (including the heading), substitute
5“Office’s”.

(3) In subsection (4) for “Commission” substitute “Office and the Director
General”.

38 Omit section 28 (transitional arrangements in connection with establishing
Commission etc).

39 (1) 10Section 28A (application of Part 2 to old cases) is amended as follows.

(2) For “Commission”, in each place other than in subsection (3) of that section,
substitute “Director General”.

(3) In subsection (1), for “it” substitute “the Director General”.

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

40 (1) 15Section 29 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) omit the definition of “the Commission”;

(b) after the definition of “death or serious injury matter” insert—

• “““the Director General” means (unless otherwise
  20specified) the Director General of the Office;”;”

(c) before the definition of “person complained against” insert—

• “““the Office” means the Office for Police Conduct;”.”

(3) In subsection (6)—

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

(b) 25omit “itself”.

41 In section 29C (regulations about super-complaints) (as inserted by this Act),
in subsection (3) for “Independent Police Complaints Commission”, in both
places, substitute “Director General”.

42 (1) Section 29E (power to investigate concerns raised by whistle-blowers) (as
30inserted by this Act) is amended as follows.

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

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

43 (1) Section 29F (Commission’s powers and duties where it decides not to
investigate) (as inserted by this Act) is amended as follows.

(2) 35For “Commission”, in each place, substitute “Director General”.

(3) In the heading—

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

(b) for “where it decides” substitute “on decision”.

44 (1) Section 29G (special provision for “conduct matters”) (as inserted by this
40Act) is amended as follows.

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

(3) In subsection (2)—

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

(b) for “its” substitute “the”.

45 (1) 5Section 29H (Commission’s powers and duties where whistle-blower is
deceased) (as inserted by this Act) is amended as follows.

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

(3) In the heading for “Commission’s” substitute “Director General’s”.

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

46 10In section 29I (duty to keep whistle-blowers informed) (as inserted by this
Act), in subsection (1)—

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

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

47 In section 29J (protection of anonymity of whistle-blowers) (as inserted by
15this Act) for “Commission”, in both places, substitute “Director General”.

48 In section 29K (other restrictions on disclosure of information) (as inserted
by this Act), for “Commission”, in both places, substitute “Director General”.

49 In section 29L (application of provisions of Part 2) (as inserted by this Act),
for “Commission”, in each place, substitute “Director General”.

50 20In section 29M (regulation-making powers: consultation) (as inserted by this
Act), for “Commission” substitute “Director General”.

51 In section 29N (interpretation) (as inserted by this Act), in subsection (1)—

(a) omit the definition of “the Commission”;

(b) after the definition of “conduct” insert—

• 25“““the Director General” means the Director General of
  the Office for Police Conduct;”.”

52 In section 36 (conduct of disciplinary proceedings), in subsection (1)(a) for
“Independent Police Complaints Commission” substitute “Director General
of the Office for Police Conduct”.

53 30In section 105 (powers of Secretary of State to make orders and regulations),
in subsection (5) for “Independent Police Complaints Commission”
substitute “Director General of the Office for Police Conduct”.

54 (1) Schedule 2 (the Independent Police Complaints Commission) is amended as
follows.

(2) 35For the italic heading before paragraph 1 substitute “Director General”.

(3) For the italic heading before paragraph 2 substitute “Terms of appointment
etc: non-executive members”.

(4) In paragraph 7—

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

(b) 40for “chairman or as a deputy chairman of the Commission”
substitute “Director General”;

(c) omit “or as a member of it”.

(5) In paragraph 8—

(a) for “Commission”, in both places, substitute “Office”;

(b) for “Commission’s”, in both places, substitute “Office’s”.

(6) In the heading before paragraph 9 omit “of Commission”.

(7) 5In paragraph 10—

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

(b) for “Commission’s”, in each place, substitute “Office’s”;

(c) in sub-paragraph (5)(c) omit “by the chief executive or”.

(8) In paragraph 11—

(a) 10for “Commission”, in each place, substitute “Office”;

(b) in paragraph (a) for “chairman, a deputy chairman” substitute
“Director General”;

(c) in paragraph (b) for “chairman” substitute “Director General”.

(9) In the italic heading before paragraph 12, for “Commission’s” substitute
15“Office’s”.

(10) In paragraph 12—

(a) in the words before paragraph (a), for “Commission” substitute
“Office”;

(b) in paragraph (a) for “Commission” substitute “Office”;

(c) 20in paragraph (b) for “Commission” substitute “Director General”.

(11) In paragraph 13 for “Commission” substitute “Office”.

(12) In paragraph 14—

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

(b) in paragraph (a), after “it” insert “or the Director General”;

(c) 25in paragraph (b)—

(i) after “it”, in both places, insert “or the Director General”;

(ii) for “its” substitute “their”.

(13) In the italic heading before paragraph 15, for “Commission” substitute
“Office”.

(14) 30In paragraph 15 for “Commission” substitute “Office”.

(15) In paragraph 16 for “Commission” substitute “Office”.

(16) In paragraph 17 for “Commission”, in each place, substitute “Office”.

(17) In the italic heading before paragraph 18, for “Commission” substitute
“Office”.

(18) 35In paragraph 18 for “Commission”, in both places, substitute “Office”.

55 (1) Schedule 3 is amended as follows.

(2) For “Commission”, in each place where it occurs, substitute “Director
General”.

(3) For “Commission’s”, in each place where it occurs, substitute “Director
40General’s”.

(4) For “it”, in each place where it occurs and is used as a pronoun in place of
“the Commission”, substitute “the Director General”.

(5) For “its”, in each place where it occurs and is used to mean “the
Commission’s”, substitute “the Director General’s”.

(6) 5The amendments made by virtue of sub-paragraphs (2) to (5)—

(a) include amendments of provisions of Schedule 3 that are inserted, or
otherwise amended, by other provisions of this Act (whether or not
those other provisions come into force before or after the coming into
force of this paragraph);

(b) 10do no apply if otherwise provided by another provision of this
paragraph.

(7) In paragraph 19 (investigations by the Commission itself)—

(a) in the heading omit “itself”;

(b) in sub-paragraph (1) omit “itself”;

(c) 15for sub-paragraph (2) substitute—

“(2) The Director General must designate both—

(a) a person to take charge of the investigation, and

(b) such members of the Office’s staff as are required
by the Director General to assist the person
20designated to take charge of the investigation.

(2A) The person designated under sub-paragraph (2) to take
charge of an investigation must be—

(a) the Director General acting personally, or

(b) another member of the Office’s staff who is
25authorised to exercise the function of taking charge
of the investigation on behalf of the Director
General by virtue of paragraph 6A of Schedule 2
(delegation of Director General’s functions).”;”

(d) in sub-paragraph (4) for “member of the Commission’s staff”
30substitute “person”;

(e) in sub-paragraph (5) for “member of the Commission’s staff”
substitute “person designated under sub-paragraph (2)”;

(f) in sub-paragraph (6) for “members of the Commission’s staff”
substitute “persons”;

(g) 35in sub-paragraph (6A) for “member of the Commission’s staff”
substitute “person designated under sub-paragraph (2) who is”.

(8) In paragraph 19ZH (further provision about things retained under
paragraph 19ZG) (as inserted by this Act)—

(a) in sub-paragraph (2) for “Commission’s” substitute “Office’s”;

(b) 40in sub-paragraph (4)(a) for “Commission’s” substitute “Office’s”.

(9) In paragraph 19A (as substituted by this Act), in sub-paragraph (2)(b) after
“investigating” insert “or, in the case of an investigation by a designated
person under paragraph 19, the Director General,”.

(10) In paragraph 19F (interview of persons serving with police etc during
45certain investigations), in sub-paragraph (1)(b) for “the Commission itself”
substitute “a person designated under paragraph 19 (investigations by
Director General)”.

(11) In paragraph 20 (restrictions on proceedings pending conclusion of
investigation), in sub-paragraph (1)(b) at the end insert “or, where under
paragraph 19 the Director General has personally carried out the
investigation, a report has been completed by the Director General”.

(12) 5In paragraph 20A (as substituted by this Act)—

(a) in sub-paragraph (1)(a) after “investigating” insert “or, in the case of
an investigation by a designated person under paragraph 19, the
Director General,”;

(b) in sub-paragraph (3) after “and” insert “(where the person
10investigating is not also the Director General carrying out an
investigation under paragraph 19 personally)”;

(c) in sub-paragraph (4)(b) after “investigation” insert “or, where the
investigation is carried out under paragraph 19 by the Director
General personally, finalise one,”.

(13) 15In paragraph 21A (procedure where conduct matter is revealed during
investigation of DSI matter)—

(a) in sub-paragraph (1), omit “or designated under paragraph 19”;

(b) after sub-paragraph (2A) (as inserted by this Act), insert—

“(2B) If during the course of an investigation of a DSI matter
20being carried out by a person designated under paragraph
19 the Director General determines that there is an
indication that a person serving with the police (“the
person whose conduct is in question”) may have—

(a) committed a criminal offence, or

(b) 25behaved in a manner which would justify the
bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph
(2C).

(2C) The Director General must—

(a) 30prepare a record of the determination,

(b) notify the appropriate authority in relation to the
DSI matter and (if different) the appropriate
authority in relation to the person whose conduct is
in question of the determination, and

(c) 35send to it (or each of them) a copy of the record of
the determination prepared under paragraph (a).”;”

(c) in sub-paragraph (5), after paragraph (a) insert—

“(aa) is notified of a determination by the Director
General under sub-paragraph (2C),”.”

(14) 40In paragraph 22 (final reports on investigations: complaints, conduct
matters and certain DSI matters)—

(a) for sub-paragraph (5) substitute—

“(5) A person designated under paragraph 19 as the person in
charge of an investigation must—

(a) 45submit a report on the investigation to the Director
General, or

(b) where the person in charge of the investigation is
the Director General acting personally, complete a
report on the investigation.”;”

(b) in sub-paragraph (6) after “submitting” insert “or, in the case of an
5investigation under paragraph 19 by the Director General
personally, completing”;

(c) in sub-paragraph (8) after “submitted” insert “or, in the case of an
investigation under paragraph 19 by the Director General
personally, completed”.

(15) 10In the italic heading before paragraph 23 (action by the Commission in
response to investigation reports), for “response” substitute “relation”.

(16) In paragraph 23—

(a) in sub-paragraph (1)(b) before “under” insert “, or is otherwise
completed,”;

(b) 15in sub-paragraph (1A) (as inserted by this Act), after “submission”
insert “or completion”;

(c) in each of the following places, after “receipt of the report” insert “(or
on its completion by the Director General)”—

(i) sub-paragraph (2);

(ii) 20sub-paragraph (5A) (as inserted by this Act);

(iii) sub-paragraph (5F) (as inserted by this Act).

(17) In paragraph 24A (final reports on investigations: other DSI matters)—

(a) after sub-paragraph (2) insert—

“(2A) Sub-paragraph (2)(a) does not apply where the person
25investigating is the Director General carrying out an
investigation personally under paragraph 19, but the
Director General must complete a report on the
investigation.”;”

(b) in sub-paragraph (3) for “this paragraph” substitute “sub-paragraph
30(2) or completing one under sub-paragraph (2A)”;

(c) in sub-paragraph (4) after “receipt of the report” insert “(or on its
completion by the Director General)”;

(d) in sub-paragraph (5) (as inserted by this Act) after “receipt of the
report” insert “(or on its completion by the Director General)”.

(18) 35In the italic heading before paragraph 24B (action by the Commission in
response to an investigation report under paragraph 24A), for “response”
substitute “relation”.

(19) In paragraph 28A (recommendations by the Commission)—

(a) in sub-paragraph (1)—

(i) 40after “received a report” insert “(or otherwise completed one
in relation to an investigation carried out under paragraph 19
by the Director General personally)”;

(ii) in paragraph (b) for “Commission itself” substitute “or on
behalf of the Director General”;

(iii) 45in paragraph (c) after “24A(2)” insert “or (2A)”;

(b) in sub-paragraph (4)(a) after “receipt” insert “or completion”.

(20) In paragraph 28B (response to recommendation), in sub-paragraph (12) (as
inserted by this Act) after “received a report on” insert “(or otherwise

completed one on in relation to an investigation carried out under
paragraph 19 by the Director General personally)”.

56 (1) Schedule 3 is further amended as follows (but these amendments apply only
if this Schedule comes into force before the coming into force of Schedule 4
5to this Act).

(2) In paragraph 19B (assessment of seriousness of conduct under
investigation), in sub-paragraph (1) after “investigating” insert “or, in the
case of an investigation by a designated person under paragraph 19, the
Director General,”.

(3) 10In paragraph 20A (accelerated procedure in special cases)—

(a) in sub-paragraph (1)—

(i) for “his” substitute “an”;

(ii) after “conduct matter” insert “or, in the case of an
investigation by a designated person under paragraph 19, the
15Director General,”;

(iii) for “he” substitute “the person investigating”;

(b) in sub-paragraph (3) for “his belief” substitute “the belief referred to
in sub-paragraph (1)”.

(4) In paragraph 23 (action by the Commission in response to an investigation
20report), in sub-paragraph (6) after “receipt of the report” insert “(or on its
completion by the Director General)”.

57 (1) Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this
Act) is amended as follows.

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

(3) 25In paragraph 1(1) omit “itself”.

(4) In paragraph 4(2)—

(a) for “it”, where it occurs in the first place, substitute “the Director
General”;

(b) for “its” substitute “the”.

30Part 3 Other Minor and consequential amendments

Superannuation Act 1972 (c. 11)1972 (c. 11)

58 In Schedule 1 to the Superannuation Act 1972—

(a) in the list of entries under the heading “Royal Commissions and
35other Commissions”, omit the entry relating to the Independent
Police Complaints Commission;

(b) in the list of entries under the heading “Other Bodies”, insert at the
appropriate place—

• ““The Office for Police Conduct.”;”

(c) 40in the list of entries under the heading “Offices”, omit the entries
relating to—

(i) the Chairman of the Independent Police Complaints
Commission;

(ii) the Commissioners of the Independent Police Complaints
Commission;

(iii) the Deputy Chairman of the Independent Police Complaints
Commission.

5House of Commons Disqualification Act 1975 (c. 24)1975 (c. 24)

59 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified), omit the entry relating to the
Independent Police Complaints Commission and insert at the appropriate
place—

• 10““The Office for Police Conduct.””

Northern Ireland Assembly Disqualification Act 1975 (c. 25)1975 (c. 25)

60 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified), omit the entry
relating to the Independent Police Complaints Commission and insert at the
15appropriate place—

• ““The Office for Police Conduct.””

Police Pensions Act 1976 (c. 35)1976 (c. 35)

61 In section 11 of the Police Pensions Act 1976 (interpretation), in subsection
(2A)(ba) for “Independent Police Complaints Commission” substitute
20“Office for Police Conduct”.

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

62 In section 4 of the Ministry of Defence Police Act 1987 (representation etc at
disciplinary proceedings), in subsection (5)(a) for “Independent Police
Complaints Commission” substitute “Office for Police Conduct”.

25Aviation and Maritime Security Act 1990 (c. 31)1990 (c. 31)

63 In section 22 of the Aviation and Maritime Security Act 1990 (power to
require harbour authorities to promote searches in harbour areas), in
subsection (4)(b)(i) for “Independent Police Complaints Commission”
substitute “Director General of the Office for Police Conduct”.

30Police Act 1996 (c. 16)1996 (c. 16)

64 (1) The Police Act 1996 is amended as follows.

(2) In the following provisions, for “Independent Police Complaints
Commission” substitute “Director General of the Office for Police
Conduct”—

(a) 35section 50(3A)(a) (regulation of police forces) (as inserted by this
Act);

(b) section 51(2B)(a) (regulations for special constables) (as inserted by
this Act);

(c) section 87(1) (guidance concerning disciplinary proceedings etc) (as
40amended by this Act).