Policing and Crime Bill (HC Bill 3)

Policing and Crime BillPage 260

(3) In the following provisions, for “Independent Police Complaints
Commission” substitute “Office for Police Conduct”—

(a) section 84(5) (representation etc at disciplinary and other
proceedings);

(b) 5section 88C(5)(d) (effect of inclusion in police barred list) (as inserted
by this Act);

(c) section 88K(3)(d) (effect of inclusion in police advisory list) (as
inserted by this Act).

(4) In section 54(2D) (appointment and functions of inspectors of
10constabulary)—

(a) in paragraph (a)—

(i) for “Independent Police Complaints Commission” substitute
“Director General of the Office for Police Conduct (“the
Director General”)”;

(ii) 15for “that Commission” substitute “the Director General”;

(b) in paragraph (b)—

(i) for “that Commission”, in both places, substitute “the
Director General”;

(ii) for “its” substitute “his or her”.

20Freedom of Information Act 2000 (c. 36)2000 (c. 36)

65 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit the entry relating to the Independent Police
Complaints Commission and insert at the appropriate place—

  • “The Office for Police Conduct”.

25Fire and Rescue Services Act 2004 (c. 21)2004 (c. 21)

66 In section 4K of the Fire and Rescue Services Act 2004 (as inserted by this
Act), in subsection (5)(b) for “Independent Police Complaints Commission”
substitute “Director General of the Office for Police Conduct”.

Commissioners for Revenue and Customs Act 2005 (c. 11)2005 (c. 11)

67 (1) 30The Commissions for Revenue and Customs Act 2005 is amended as
follows.

(2) In section 18 (confidentiality), in subsection (2)(g)—

(a) for “Independent Police Complaints Commission” substitute
“Director General of the Office for Police Conduct”;

(b) 35for “its” substitute “the Director General’s”.

(3) In section 28 (complaints and misconduct: England and Wales)—

(a) in subsection (1), for “Independent Police Complaints Commission”
substitute “Director General of the Office for Police Conduct (“the
Director General”)”;

(b) 40in subsection (2)—

(i) for “Independent Police Complaints Commission”, in both
places, substitute “Director General”;

(ii) for “its” substitute “the Director General’s”;

Policing and Crime BillPage 261

(c) in subsection (3) for “Independent Police Complaints Commission”
substitute “Director General”;

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

(4) 5In section 29 (confidentiality etc), in subsection (3)—

(a) in the words before paragraph (a), for “Independent Police
Complaints Commission” substitute “Director General of the Office
for Police Conduct”;

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

(c) 10in paragraph (a), for “Commission” substitute “Director General”;

(d) in paragraph (b), for “Commission” substitute “Director General”.

Police and Justice Act 2006 (c. 48)2006 (c. 48)

68 (1) In section 41 of the Police and Justice Act 2006 (immigration and asylum
enforcement functions and customs functions: complaints and
15misconduct)—

(a) in subsection (1) for “Independent Police Complaints Commission”
substitute “Director General of the Office for Police Conduct (“the
Director General”)”;

(b) in subsection (2A) for “Independent Police Complaints Commission”
20substitute “Director General”;

(c) in subsection (3) for “Independent Police Complaints Commission”
substitute “Director General”;

(d) in subsection (4)(b), for “Independent Police Complaints
Commission” substitute “Director General”;

(e) 25in subsection (5) for “Independent Police Complaints Commission”
substitute “Director General”;

(f) in subsection (6) for “Independent Police Complaints Commission”,
in both places, substitute “Director General”.

(2) In the italic heading before that section for “Independent Police Complaints
30Commission” substitute “Director General of the Office for Police Conduct”.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)2009 (c. 20)

69 In section 107EE of the Local Democracy, Economic Development and
Construction Act 2009 (section 107EA orders: complaints and conduct
matters etc) (as inserted by this Act), in subsection (5)(b) for “Independent
35Police Complaints Commission” substitute “Director General of the Office
for Police Conduct”.

Coroners and Justice Act 2009 (c. 25)2009 (c. 25)

70 In section 47 of the Coroners and Justice Act 2009 (meaning of “interested
person”)—

(a) 40in subsection (2)(k) for “Independent Police Complaints
Commission” substitute “Director General of the Office for Police
Conduct”;

(b) in subsection (5) for “Independent Police Complaints Commission”
substitute “Director General of the Office for Police Conduct”.

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Equality Act 2010 (c. 15)2010 (c. 15)

71 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general),
under the heading “Police” omit the entry relating to the Independent Police
Complaints Commission and insert at the appropriate place—

  • 5“The Office for Police Conduct.”

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

72 (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In section 65 (disqualification from election or holding office as police and
crime commissioner: police grounds), for “Independent Police Complaints
10Commission” substitute “Office for Police Conduct”.

(3) In Schedule 7 (regulations about complaints and conduct matters), for
“Independent Police Complaints Commission”, in each place, substitute
“Director General of the Office for Police Conduct.”

Section 35

SCHEDULE 9 15Schedule to be inserted as Schedule 3B to the Police Reform Act 2002

Schedule 1 “Designations under section 38

Part 1 Excluded powers and duties of constables

20Schedule 1

1 Any power or duty of a constable to make an arrest.

2 Any power or duty of a constable to stop and search an individual
or a vehicle or other thing.

3 The power of a constable, under section 36(4) of the Police and
25Criminal Evidence Act 1984, to perform the functions of a custody
officer at a designated police station if a custody officer is not
readily available to perform them.

4 Any power that is exercisable only by a constable of a particular
rank.

5 30Any power of a constable under—

(a) the Terrorism Act 2000;

(b) the Terrorism Act 2006;

(c) the Counter-Terrorism Act 2008;

(d) the Terrorism Prevention and Investigation Measures Act
352011;

(e) the Counter-Terrorism and Security Act 2015.

6 Any power of a constable under the Official Secrets Acts 1911 to
1989.

7 The power of a constable to make an application on behalf of the
40Commissioner of Police of the Metropolis under section 6 of the

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Regulation of Investigatory Powers Act 2000 (applications for
interception warrants).

Part 2 Application of legislation

8 (1) 5Where a power or duty of a constable is conferred or imposed on
a person designated under section 38—

(a) a reference to a constable (however expressed) in
legislation relating to the power or duty includes a
reference to the person designated under section 38;

(b) 10a reference in legislation to anything done in the exercise or
purported exercise of the power, or in the performance or
purported performance of the duty, includes a reference to
anything done in the exercise or purported exercise of the
power, or the performance or purported performance of
15the duty, by the person designated under section 38.

(2) The Secretary of State may by regulations make provision for
legislation relating to a power or duty of a constable specified in
the regulations to apply in relation to a person designated under
section 38 in a way that modifies or supplements the effect of sub-
20paragraph (1).

(3) In this paragraph, “legislation” means any provision of—

(a) an Act;

(b) subordinate legislation within the meaning of the
Interpretation Act 1978;

(c) 25a Measure or Act of the National Assembly for Wales or an
instrument made under a Measure or Act of that
Assembly.”

Section 35

SCHEDULE 10 Schedule to be inserted as Schedule 3C to the Police Reform Act 2002

30Schedule 1 “Designations under section 38: additional powers and duties

Introduction

1 (1) The designation of a person under section 38 as a community
support officer or a community support volunteer may provide
35for any of paragraphs 2 to 11 to apply to the community support
officer or the community support volunteer.

(2) The designation may provide for any such paragraph to apply—

(a) to its full extent, or

(b) only in cases or circumstances described in the
40designation.

(3) Where the designation provides for any of those paragraphs to
apply—

Policing and Crime BillPage 264

(a) the community support officer or community support
volunteer has any power or duty described in the
paragraph as a power or duty of a community support
officer or community support volunteer (subject to
5provision included in the designation under sub-
paragraph (2)(b) or section 38(7A)), and

(b) any provision made by the paragraph in connection with
the exercise of the power or the performance of the duty
applies in relation to the exercise of the power or the
10performance of the duty by the community support officer
or community support volunteer.

(4) In this Schedule—

  • “CSO” means a person designated by a chief officer of police
    as a community support officer under section 38;

  • 15“CSV” means a person designated by a chief officer of police
    as a community support volunteer under section 38;

  • “the relevant police area”, in relation to a CSO or CSV, means
    the police area for which the police force in question is
    maintained.

(5) 20Expressions used in this Schedule and in the 1984 Act have the
same meanings in this Schedule as in that Act.

Powers to issue fixed penalty notices

2 (1) A CSO or CSV has the power of an authorised officer of a litter
authority to give a notice under section 88 of the Environmental
25Protection Act 1990 (fixed penalty notices in respect of litter) in
relation to an individual whom the CSO or CSV has reason to
believe has committed an offence under section 87 of that Act at a
place within the relevant police area.

(2) A CSO or CSV has the power of an authorised officer of a local
30authority to give a notice under section 43(1) of the Anti-social
Behaviour Act 2003 (penalty notices in respect of graffiti or fly-
posting) in relation to an individual whom the CSO or CSV has
reason to believe has committed an offence that is a relevant
offence for the purposes of section 43(1) at a place within the
35relevant police area.

(3) A CSO or CSV designated under section 38 by the Commissioner
of Police of the Metropolis has the power of an authorised officer
of a borough council to give a notice under section 15 of the
London Local Authorities Act 2004 in relation to an individual
40whom the CSO or CSV has reason to believe has committed an
offence under section 38(1) of the London Local Authorities Act
1990.

(4) A CSO or CSV designated under section 38 by the Commissioner
of Police for the City of London has the power of an authorised
45officer of a borough council to give a notice under section 15 of the
London Local Authorities Act 2004 in relation to an individual
whom the CSO or CSV has reason to believe has committed an
offence under section 27(1) of the City of Westminster Act 1999
(unlicensed street trading).

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(5) A CSO or CSV has the power of an authorised officer of an
authority to give a notice under section 237A of the Local
Government Act 1972 or under section 12 of the Local
Government Byelaws (Wales) Act 2012 (fixed penalty notices in
5relation to offences against certain byelaws) in relation to an
individual whom the CSO or CSV has reason to believe has
committed an offence against a listed byelaw at a place within the
relevant police area.

(6) A byelaw is a “listed byelaw” for the purposes of sub-paragraph
10(5) if, at the time the CSO or CSV gives the notice—

(a) it is a byelaw to which section 237A of the Local
Government Act 1972 or to which section 12 of the Local
Government Byelaws (Wales) Act 2012 (fixed penalty
notices in relation to offences against certain byelaws)
15applies, and

(b) the chief officer of police for the relevant police area and
the authority that made the byelaw have agreed to include
it in a list of byelaws kept for the purposes of sub-
paragraph (5).

(7) 20The chief officer of police for the relevant police area must publish
the list of byelaws kept for the purposes of sub-paragraph (5) in
such a way as to bring it to the attention of members of the public
in localities where the byelaws in the list apply.

(8) The list of byelaws kept for the purposes of sub-paragraph (5) may
25be amended from time to time by agreement between the chief
officer of police and the authority, by adding byelaws to it or
removing byelaws from it.

(9) Where the list of byelaws is amended, the amended list must be
published by the chief officer as mentioned in sub-paragraph (7).

30Powers to require names and addresses

3 (1) A CSO or CSV may require a person to give his or her name and
address if the CSO or CSV has reason to believe that—

(a) the person has committed a relevant offence in the relevant
police area, or

(b) 35the person has committed a relevant licensing offence
(whether or not in the relevant police area).

(2) In the case of a relevant offence that is an offence under a relevant
byelaw, the power to impose a requirement under sub-paragraph
(1) is exercisable only in a place to which the byelaw relates.

(3) 40A person who fails to comply with a requirement under sub-
paragraph (1) is guilty of an offence and liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(4) In this paragraph, “relevant offence” means any of the following
offences—

(a) 45an offence in respect of which the CSO or CSV is
authorised to give a penalty notice (whether in
consequence of paragraph 2 of this Schedule or in

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consequence of provision included in his or her
designation in reliance on section 38(6B)(a));

(b) an offence under section 3 or 4 of the Vagrancy Act 1824;

(c) an offence committed in a specified park which by virtue
5of section 2 of the Parks Regulation (Amendment) Act 1926
is an offence against the Parks Regulation Act 1872;

(d) an offence under section 39 of the Anti-social Behaviour,
Crime and Policing Act 2014;

(e) an offence under a listed byelaw;

(f) 10an offence the commission of which appears to the CSO or
CSV to have caused—

(i) injury, alarm or distress to any other person, or

(ii) the loss of, or any damage to, any other person‘s
property.

(5) 15In this paragraph, “relevant licensing offence” means an offence
under any of the following provisions of the Licensing Act 2003--

(a) section 141 (otherwise than by virtue of subsection (2)(c) or
(3) of that section);

(b) section 142;

(c) 20section 146(1);

(d) section 149(1)(a), (3)(a) or (4)(a);

(e) section 150(1)

(f) section 150(2) (otherwise than by virtue of subsection (3)(b)
of that section);

(g) 25 section 152(1) (excluding paragraph (b)).

(6) A byelaw is a “listed byelaw” for the purposes of sub-paragraph
(4)(e) if, at the time the CSO or CSV requires a person to give his
or her name and address—

(a) it is a byelaw which has been made by a relevant body with
30authority to make byelaws for any place within the
relevant police area, and

(b) it is included in the list of byelaws published for the
purposes of this paragraph by the chief officer of police for
the relevant police area.

(7) 35A byelaw may be included in the list of byelaws published for the
purposes of this paragraph only if the chief officer of police and
the relevant body which made the byelaw agree that it should be
included.

(8) The chief officer of police for the relevant police area must publish
40the list in such a way as to bring it to the attention of members of
the public in localities where the byelaws in the list apply.

(9) The list of byelaws published for the purposes of this paragraph
may be amended from time to time by agreement between the
chief officer of police and the relevant body, by adding byelaws to
45it or removing byelaws from it.

(10) Where the list of byelaws is amended, the amended list must be
published by the chief officer as mentioned in sub-paragraph (8).

(11) In sub-paragraphs (6), (7) and (9), “relevant body” means—

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(a) in England, a county council, a district council, a London
borough council or a parish council;

(b) in Wales, a county council, a county borough council or a
community council;

(c) 5the Greater London Authority;

(d) Transport for London;

(e) an Integrated Transport Authority for an integrated
transport area in England;

(f) a combined authority established under section 103 of the
10Local Democracy, Economic Development and
Construction Act 2009;

(g) a body specified in regulations made by the Secretary of
State.

(12) Regulations under sub-paragraph (11)(g) may provide, in relation
15to any body specified in the regulations, that the agreement
mentioned in sub-paragraph (7) or (9) is to be made between the
chief officer and the Secretary of State (rather than between the
chief officer and the relevant body).

(13) In its application in relation to an offence in respect of which the
20CSO or CSV is authorised to give a penalty notice under section
444A of the Education Act 1996 (penalty notice in respect of failure
to secure regular attendance at school of registered pupil), sub-
paragraph (1)(a) of this paragraph has effect as if the words “in the
relevant police area” were omitted.

(14) 25In this paragraph, “specified park” has the same meaning as in
section 162 of the Serious Organised Crime and Police Act 2005.

Powers to search for and seize alcohol and tobacco

4 (1) A CSO or CSV may search a person for alcohol or a container of
alcohol if—

(a) 30the CSO or CSV has (in consequence of provision included
in his or her designation in reliance on section 38(6B)(a))
imposed a requirement on a person to surrender alcohol or
a container for alcohol under section 12(2) of the Criminal
Justice and Police Act 2001 or under section 1 of the
35Confiscation of Alcohol (Young Persons) Act 1997,

(b) the person has failed to comply with the requirement, and

(c) the CSO or CSV reasonably believes that the person has
alcohol or a container for alcohol in his or her possession.

(2) A CSO or CSV may search a person for tobacco or cigarette papers
40where—

(a) the CSO or CSV has (in consequence of provision included
in his or her designation in reliance on section 38(6B)(a)))
sought to seize the tobacco or cigarette papers under
section 7(3) of the Children and Young Persons Act 1933
45(seizure of tobacco from young persons),

(b) the person from whom the CSO or CSV sought to seize the
item has failed to surrender it, and

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(c) the CSO or CSV reasonably believes that the person has it
in his or her possession.

(3) The power to search under sub-paragraph (1) or (2)—

(a) is to do so only to the extent that is reasonably required for
5the purpose of discovering whatever the CSO or CSV is
searching for, and

(b) does not authorise the CSO or CSV to require a person to
remove any of his or her clothing in public other than an
outer coat, jacket or gloves.

(4) 10A person who without reasonable excuse fails to consent to being
searched in the exercise of a power under this paragraph is guilty
of an offence and is liable, on summary conviction, to a fine not
exceeding level 3 on the standard scale.

(5) A CSO or CSV who proposes to exercise a power to search a
15person under sub-paragraph (1) or (2) must inform him or her that
failing without reasonable excuse to consent to being searched is
an offence.

(6) If the person in question fails to consent to being searched, the
CSO or CSV may require him or her to give the CSO or CSV his or
20her name and address.

(7) If on searching the person the CSO or CSV discovers what he or
she is searching for, the CSO or CSV may seize it and dispose of it.

Powers to seize and detain: controlled drugs

5 (1) A CSO or CSV may exercise the powers conferred by sub-
25paragraph (2) or (3) in the relevant police area.

(2) If the CSO or CSV—

(a) finds a controlled drug in a person‘s possession (whether
or not the CSO or CSV finds it in the course of searching the
person in the exercise of a power or duty conferred or
30imposed by his or her designation under section 38), and

(b) reasonably believes that it is unlawful for the person to be
in possession of it,

the CSO or CSV may seize it and retain it.

(3) If the CSO or CSV—

(a) 35either—

(i) finds a controlled drug in a person‘s possession (as
mentioned in sub-paragraph (2)(a)), or

(ii) reasonably believes that a person is unlawfully in
possession of a controlled drug, and

(b) 40reasonably believes that it is unlawful for the person to be
in possession of it,

the CSO or CSV may require the person to give the CSO or CSV
his or her name and address.

(4) If, in exercise of the power conferred by sub-paragraph (2), the
45CSO or CSV seizes and retains a controlled drug, the CSO or CSV
must—

Policing and Crime BillPage 269

(a) if the person from whom it was seized maintains that he or
she was lawfully in possession of it, tell the person where
inquiries about its recovery may be made, and

(b) comply with a constable‘s instructions about what to do
5with it.

(5) A person who fails to comply with a requirement imposed under
sub-paragraph (3) is guilty of an offence and liable, on summary
conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph, “controlled drug” has the same meaning as in
10the Misuse of Drugs Act 1971.

Powers to seize and detain: psychoactive substances

6 (1) A CSO or CSV may exercise the powers conferred by sub-
paragraph (2) or (3) in the relevant police area.

(2) If the CSO or CSV—

(a) 15finds a psychoactive substance in a person‘s possession
(whether or not the CSO or CSV finds it in the course of
searching the person in the exercise of a power or duty
conferred or imposed by his or her designation under
section 38), and

(b) 20reasonably believes that it is unlawful for the person to be
in possession of it,

the CSO or CSV may seize it and retain it.

(3) If the CSO or CSV—

(a) either—

(i) 25finds a psychoactive substance in a person‘s
possession (as mentioned in sub-paragraph (2)(a)),
or

(ii) reasonably believes that a person is unlawfully in
possession of a psychoactive substance, and

(b) 30reasonably believes that it is unlawful for the person to be
in possession of it,

the CSO or CSV may require the person to give the CSO or CSV
his or her name and address.

(4) If, in exercise of the power conferred by sub-paragraph (2), the
35CSO or CSV seizes and retains a psychoactive substance, the CSO
or CSV must—

(a) if the person from whom it was seized maintains that he or
she was lawfully in possession of it—

(i) tell the person where inquiries about its recovery
40may be made, and

(ii) explain the effect of sections 49 to 51 and 53 of the
Psychoactive Substances Act 2016 (retention and
disposal of items), and

(b) comply with a constable‘s instructions about what to do
45with it.

(5) Any substance seized in exercise of the power conferred by sub-
paragraph (2) is to be treated for the purposes of sections 49 to 53