Policing and Crime Bill (HC Bill 3)

to disclose information falling within subsection (2) (or any particular
description of such information) to persons specified, or of a
description specified, in the regulations.

(2)
The information falling within this subsection is—

(a) 5the identity of a whistle-blower or information that might
(whether alone or with other information) tend to reveal that
identity;

(b) the nature of a concern raised by a whistle-blower.

(3) The power conferred by subsection (1) may be exercised only to the
10extent that the Secretary of State considers necessary for any of the
permitted disclosure purposes.

(4) “The permitted disclosure purposes” are—

(a) the protection of the interests of national security;

(b) the prevention or detection of crime or the apprehension of
15offenders;

(c) the institution or conduct of criminal proceedings;

(d) the investigation of allegations of misconduct against whistle-
blowers and the taking of disciplinary proceedings or other
appropriate action in relation to such allegations;

(e) 20investigations under Part 2 that relate to whistle-blowers;

(f) investigations under this Part;

(g) any other purpose that is for the protection of the public
interest.

(5) Except as provided by regulations under subsection (1) or by any other
25provision of this Part, the Commission may not disclose information
falling within subsection (2) unless the whistle-blower consents to the
disclosure.

29K Other restrictions on disclosure of information

(1) The Secretary of State may by regulations make provision setting out
30the circumstances in which the Commission is required or authorised
to disclose information falling within subsection (2) (or any particular
description of such information) to persons specified, or of a
description specified, in the regulations.

(2)
The information falling within this subsection is—

(a) 35information relating to an investigation under section 29E;

(b) information relating to the outcome of any such investigation.

(3) The power conferred by subsection (1) may be exercised only to the
extent that the Secretary of State considers necessary for any of the
permitted disclosure purposes.

(4) 40In this section, “the permitted disclosure purposes” has the same
meaning as in section 29J.

(5) Except as provided by regulations under subsection (1) or by any other
provision of this Part, the Commission may not disclose information
falling within subsection (2).

29L Application of provisions of Part 2

(1) The following provisions of Part 2 apply in relation to the functions of
the Commission under this Part as they apply in relation to the
functions of the Commission under Part 2—

(a) 5section 15 (general duties of local policing bodies, chief officers
and inspectors);

(b) section 16 (payment for assistance with investigation);

(c) section 17 (provision of information to the Commission);

(d) section 18 (inspection of police premises on behalf of the
10Commission);

(e) section 19 (use of investigatory powers by or on behalf of the
Commission);

(f) section 21A (restriction on disclosure of sensitive information);

(g) section 21B (provision of sensitive information to the
15Commission);

(h) section 22 (power of the Commission to issue guidance);

(i) section 26 (forces maintained otherwise than by local policing
bodies);

(j) section 26BA (College of Policing);

(k) 20section 26C (the National Crime Agency).

(2) Except as provided by subsection (1), the provision made by sections 15
to 29 of Part 2 does not apply in relation to the functions of the
Commission under this Part.

29M Regulation-making powers: consultation

25Before making regulations under this Part, the Secretary of State must
consult—

(a) the Commission,

(b) such persons as appear to the Secretary of State to represent the
views of police and crime commissioners,

(c) 30the Mayor’s Office for Policing and Crime;

(d) the Common Council,

(e) the National Police Chiefs’ Council, and

(f) such other persons as the Secretary of State thinks fit.

29N Interpretation

(1) 35In this Part—

• “the Commission” means the Independent Police Complaints
  Commission;

• “appropriate authority” has the meaning given by section 29F(3);

• “chief officer” means the chief officer of police of any police force;
  40and “acting chief officer” means (as appropriate)—

  (a)

  a person exercising or performing functions of a chief
  constable in accordance with section 41 of the Police
  Reform and Social Responsibility Act 2011,

  (b)

  a person exercising powers or duties of the
  45Commissioner of Police of the Metropolis in accordance
  with section 44 or 45(4) of that Act, or

  Policing and Crime BillPage 42

  (c)

  a person exercising duties of the Commissioner of Police
  for the City of London in accordance with section 25 of
  the City of London Police Act 1839;

• “conduct” has the same meaning as in Part 2 (see section 29(1));

• 5“whistle-blower” has the meaning given by section 29E(1).

(2) References in this Part to a person serving with the police have the same
meaning as in Part 2 (see section 12(7)).””

(2) After Schedule 3 to the Police Reform Act 2002 insert the new Schedule 3A set
out in Schedule 5 to this Act.

(3) 10In section 10 of that Act, after subsection (3A) (for which see section 25 above),
insert—

“(3B) The Commission also has the functions which are conferred on it by
Part 2B (whistle-blowing).””

(4) In section 105 of that Act, in subsection (5), after “Part 2” insert “or 2B”.

CHAPTER 4 15Police discipline

27 Disciplinary proceedings: former members of police forces and former
special constables

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

(2) In section 50 (regulations for police forces), after subsection (3) (regulations
20concerning disciplinary proceedings) insert—

“(3A) Regulations under this section may provide for the procedures that are
established by or under regulations made by virtue of subsection (3) to
apply (with or without modifications) in respect of the conduct,
efficiency or effectiveness of any person where—

(a) 25an allegation relating to the conduct, efficiency or effectiveness
of the person comes to the attention of a chief officer of police, a
local policing body or the Independent Police Complaints
Commission,

(b) at the time of the alleged misconduct, inefficiency or
30ineffectiveness the person was a member of a police force, and

(c) either—

(i) the person ceases to be a member of a police force after
the allegation first comes to the attention of a person
mentioned in paragraph (a), or

(ii) 35the person had ceased to be a member of a police force
before the allegation first came to the attention of a
person mentioned in paragraph (a) but the period
between the person having ceased to be a member of a
police force and the allegation first coming to the
40attention of a person mentioned in paragraph (a) does
not exceed the period specified in the regulations.

(3B) Regulations made by virtue of subsection (3A) must provide that
disciplinary proceedings which are not the first disciplinary

proceedings to be taken against the person in respect of the alleged
misconduct, inefficiency or ineffectiveness may be taken only if they
are commenced within the period specified in the regulations, which
must begin with the date when the person ceased to be a member of a
5police force.””

(3) In section 51 (regulations for special constables), after subsection (2A)
(regulations concerning disciplinary proceedings) insert—

“(2B) Regulations under this section may provide for the procedures that are
established by or under regulations made by virtue of subsection (2A)
10to apply (with or without modifications) in respect of the conduct,
efficiency or effectiveness of any person where—

(a) an allegation relating to the conduct, efficiency or effectiveness
of the person comes to the attention of a chief officer of police, a
local policing body or the Independent Police Complaints
15Commission,

(b) at the time of the alleged misconduct, inefficiency or
ineffectiveness the person was a special constable, and

(c) either—

(i) the person ceases to be a special constable after the
20allegation first comes to the attention of a person
mentioned in paragraph (a), or

(ii) the person had ceased to be a special constable before
the allegation first came to the attention of a person
mentioned in paragraph (a) but the period between the
25person having ceased to be a special constable and the
allegation first coming to the attention of a person
mentioned in paragraph (a) does not exceed the period
specified in the regulations.

(2C) Regulations made by virtue of subsection (2B) must provide that
30disciplinary proceedings which are not the first disciplinary
proceedings to be taken against the person in respect of the alleged
misconduct, inefficiency or ineffectiveness may be taken only if they
are commenced within the period specified in the regulations, which
must begin with the date when the person ceased to be a special
35constable.””

(4) In section 84 (representation etc at disciplinary and other proceedings)—

(a) in subsection (1)—

(i) after “50(3)” insert “or (3A)”;

(ii) after “51(2A)” insert “or (2B)”;

(b) 40in subsection (4)—

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

(ii) in the definition of “relevant authority”, after “authority”” insert
45“, in relation to proceedings conducted under regulations made
in pursuance of section 50(3) or section 51(2A),”;

(iii) after the definition of “relevant authority” insert—

• “““relevant authority”, in relation to proceedings
  conducted under regulations made in pursuance
  50of section 50(3A) or section 51(2B), means—

  Policing and Crime BillPage 44

  (a)

  where the officer concerned is a former
  member of a police force (other than a
  former chief officer of police), or a former
  special constable, the chief officer of
  5police of the police force of which the
  officer was last a member, or for which
  the officer was last appointed as a special
  constable;

  (b)

  where the officer concerned is a former
  10chief officer of police, the local policing
  body for the police force of which the
  officer was last a member;”.”

(5) In section 85 (appeals against dismissal etc), in subsection (1), after “constable”
insert “, or a former member of a police force or a former special constable,”.

(6) 15In Schedule 6 (appeals to Police Appeals Tribunals), in paragraph 10—

(a) in paragraph (b), before “means” insert “, except in relation to an appeal
under section 85 that relates to proceedings conducted under
regulations made in pursuance of section 50(3A) or section 51(2B),”;

(b) after paragraph (b) insert—

“(ba) 20“the relevant local policing body”, in relation to an
appeal under section 85 that relates to proceedings
conducted under regulations made in pursuance of
section 50(3A) or section 51(2B), means the local
policing body which maintains—

(i) 25the police force of which the appellant was last
a member, or

(ii) the police force for the area for which the
appellant was last appointed as a special
constable,

30as the case may be.””

(7) Regulations made in pursuance of section 50(3A) or 51(2B) of the Police Act
1996 (as inserted by subsections (2) and (3))—

(a) may not make provision in relation to a person who ceases to be a
member of a police force or a special constable (as the case may be)
35before the coming into force of subsections (2) and (3);

(b) may make provision in relation to a person who ceases to be a member
of a police force or a special constable (as the case may be) after the
coming into force of this section even though the alleged misconduct,
inefficiency or ineffectiveness occurred at a time before the coming into
40force of subsections (2) and (3), 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
member of a police force or a special constable.

(8) 45Schedule 6 makes amendments of the Ministry of Defence Police Act 1987, the
Railways and Transport Safety Act 2003 and the Energy Act 2004 which
produce an equivalent effect to the amendments made by this section.

28 Police barred list and police advisory list

(1) After Part 4 of the Police Act 1996, insert the Part set out in Schedule 7 to this
Act.

(2) In consequence of the new Part 4A of the Police Act 1996 (as inserted by
5Schedule 7), the Police Reform and Social Responsibility Act 2011 is amended
as follows.

(3) In section 42 (appointment of Commissioner of Police of the Metropolis), after
subsection (3A) insert—

“(3AA) But a person who would be eligible for appointment by virtue of
10subsection (3A) is not eligible for appointment at a time when the
person is included in the police barred list maintained under section
88B of the Police Act 1996.””

(4) In section 43 (Deputy Commissioner of Police of the Metropolis), after
subsection (3) insert—

“(3A) 15The Secretary of State may not recommend to Her Majesty that She
appoint a person as the Deputy Commissioner of Police of the
Metropolis unless that person is eligible for appointment.

(3B) A person is not eligible for appointment at a time when the person is
included in the police barred list maintained under section 88B of the
20Police Act 1996.””

(5) In Part 1 of Schedule 8 (appointment of Chief Constables), in paragraph 1—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) The police and crime commissioner also has duties under
25section 88C of the Police Act 1996 (effect of inclusion in police
barred list) in relation to the appointment of a chief
constable.””

(6) The Secretary of State may by regulations made by statutory instrument make
provision that—

(a) 30corresponds or is similar to that made by Part 4A of the Police Act 1996
(as inserted by Schedule 7), and

(b) relates to a person who is, or has been, employed or appointed by a
person with functions of a public nature exercisable in, or in relation to,
England and Wales that relate to policing or law enforcement (other
35than a chief officer of police or a local policing body, within the
meaning of the Police Act 1996).

(7) A statutory instrument containing regulations under subsection (6) is subject
to annulment in pursuance of a resolution of either House of Parliament.

29 Appeals to Police Appeals Tribunals

(1) 40The Police Act 1996 is amended as follows.

(2) In section 85 (appeals against dismissal etc), after subsection (1) insert—

“(1A) “Police appeals tribunal” means a tribunal constituted in accordance
with rules made by the Secretary of State.

(1B) Rules made by virtue of subsection (1A) may, in particular, make
provision for a person who under the rules is to appoint the members
of a tribunal to be able to delegate that power of appointment.””

(3) In section 101 (interpretation), in subsection (1), at the appropriate place
5insert—

• “““police appeals tribunal” has the meaning given by section 85;”.”

(4) In Schedule 6 (appeals to Police Appeals Tribunals)—

(a) omit paragraphs 1 and 2;

(b) in paragraph 5—

(i) 10the existing text becomes sub-paragraph (1);

(ii) after that sub-paragraph insert—

“(2) The chairman shall be such member of the tribunal as
may be prescribed by rules made under section 85.”;”

(c) in paragraph 10, omit paragraphs (a) and (c).

(5) 15In the table in Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992
(tribunals to which the 1992 Act applies), in the entry relating to the Police, in
the second column, for “Schedule 6 to” substitute “rules made under section 85
of”.

(6) In consequence of the repeals made by subsection (4), omit the following—

(a) 20in the Criminal Justice and Police Act 2001, section 125(5)(a);

(b) in the Constitutional Reform Act 2005, in Part 3 of Schedule 14, in Table
1, the entry beginning “Person nominated for the purpose of Schedule
6 to the Police Act 1996”;

(c) in the Tribunals, Courts and Enforcement Act 2007, in Part 1 of
25Schedule 10, paragraph 27;

(d) in the Criminal Justice and Immigration Act 2008, in Part 1 of Schedule
22, paragraph 11(2), (3) and (6)(b);

(e) in the Police Reform and Social Responsibility Act 2011, in Part 1 of
Schedule 16, paragraph 47(2).

(7) 30In section 4A of the Ministry of Defence Police Act 1987 (appeals against
dismissal etc), in subsection (1)(b), for the words from “by any provision” to the
end of the paragraph substitute “—

(i) by rules under section 85(1A) of the Police Act 1996 or
by any provision of Schedule 6 to that Act, or

(ii) 35by any provision of Schedule 3 to the Police and Fire
Reform (Scotland) Act 2012.””

30 Guidance concerning disciplinary proceedings and conduct etc

(1) Section 87 of the Police Act 1996 (guidance concerning disciplinary
proceedings etc) is amended as follows.

(2) 40For subsections (1) to (1A) substitute—

“(1) The Secretary of State may issue guidance as to the discharge of their
disciplinary functions to—

(a) local policing bodies,

(b) chief officers of police,

(c) 45other members of police forces,

(d) civilian police employees, and

(e) the Independent Police Complaints Commission.””

(3) Before subsection (2) insert—

“(1B) The College of Policing may, with the approval of the Secretary of State,
5issue guidance to the persons mentioned in subsection (1)(a) to (c) as to
the discharge of their disciplinary functions in relation to members of
police forces and special constables and former members of police
forces and former special constables.””

(4) After subsection (4) insert—

“(4A) 10In this section “disciplinary functions” means—

(a) functions in relation to the conduct, efficiency and effectiveness
of, and the maintenance of discipline of, the following persons
(including functions in relation to disciplinary proceedings)—

(i) members of police forces;

(ii) 15special constables;

(iii) civilian police employees;

(b) functions in relation to disciplinary proceedings against
persons who were, but have ceased to be, persons falling within
paragraph (a).””

(5) 20For subsection (5) substitute—

“(5) In this section—

• “civilian police employee” means—

  (a)

  a member of the civilian staff of a police force, including
  the metropolitan police force (within the meaning of
  25Part 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
  30Police for the City of London;

• “disciplinary proceedings”—

  (a)

  in relation to a member of a police force or a special
  constable, or a former member of a police force or a
  former special constable, means any proceedings under
  35regulations under section 50 or 51 that are identified as
  disciplinary proceedings by those regulations;

  (b)

  in relation to any other person, means any proceedings
  identified as disciplinary proceedings by regulations
  made by the Secretary of State for the purposes of this
  40section.””

(6) After subsection (5) insert—

“(6) A statutory instrument containing regulations under subsection (5)(b)
is subject to annulment in pursuance of a resolution of either House of
Parliament.””

(7) After section 87 insert—

“87A Guidance concerning conduct etc

(1) The Secretary of State may issue guidance as to matters of conduct,
efficiency and effectiveness to—

(a) 5members of police forces,

(b) special constables, and

(c) civilian police employees.

(2) The College of Policing may, with the approval of the Secretary of State,
issue guidance of the type described in subsection (1) to the persons
10mentioned in paragraphs (a) and (b) of that subsection.

(3) It shall be the duty of every person to whom any guidance under this
section is issued to have regard to the guidance.

(4) A failure by a person to whom guidance under this section is issued to
have regard to the guidance shall be admissible in evidence in any
15disciplinary proceedings brought against the person.

(5) In this section “civilian police employees” and “disciplinary
proceedings” have the same meaning as in section 87.””

CHAPTER 5 IPCC: re-naming and organisational change

31 Office for Police Conduct

(1) 20The body corporate known as the Independent Police Complaints
Commission—

(a) is to continue to exist, and

(b) is to be known instead as the Office for Police Conduct.

(2) Section 9 of the Police Reform Act 2002 (which established the Independent
25Police Complaints Commission) is amended in accordance with subsections (3)
to (8).

(3) For the heading substitute “The Office for Police Conduct”.

(4) For subsection (1) substitute—

“(1) The body corporate previously known as the Independent Police
30Complaints Commission—

(a) is to continue to exist, and

(b) is to be known instead as the Office for Police Conduct.””

(5) For subsection (2) substitute—

“(2) The Office is to consist of—

(a) 35a Director General appointed by Her Majesty, and

(b) at least six other members.

(2A) The other members must consist of—

(a) persons appointed as non-executive members (see paragraph
1A of Schedule 2), and

(b) persons appointed as employee members (see paragraph 1B of
that Schedule),

but the powers of appointment under those paragraphs must be
exercised so as to secure that a majority of members of the Office
5(including the Director General) are non-executive members.””

(6) In subsection (3)—

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

(b) omit “, or as another member of the Commission,”.

(7) In subsection (5)—

(a) 10for “The Commission shall not—” substitute “Neither the Office nor the
Director General shall—”;

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

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

(9) Schedule 8 makes further provision in relation to the Office for Police Conduct.

32 15Exercise of functions

(1) Section 10 of the Police Reform Act 2002 (general functions of the Commission)
is amended in accordance with subsections (2) to (4) (see also paragraph 17 of
Schedule 8 for further minor and consequential amendments).

(2) For “Commission”, in each place (including in the heading and in provisions
20inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (2)—

(a) in paragraph (a), at the end insert “or other concerns raised by virtue of
Part 2B (whistle-blowing)”;

(b) in paragraph (c), after “complaints” insert “or other concerns”.

(4) 25After subsection (5) insert—

“(5A) In carrying out functions the Director General must have regard to any
advice provided to the Director General by the Office (see section
10A(1)(c)).””

(5) After that section insert—

“10A 30General functions of the Office

(1) The functions of the Office are—

(a) to secure that the Office has in place appropriate arrangements
for good governance and financial management,

(b) to determine and promote the strategic aims and values of the
35Office,

(c) to provide support and advice to the Director General in the
carrying out of the Director General’s functions, and

(d) to monitor and review the carrying out of such functions.

(2) The Office also has such other functions as are conferred on it by any
40other enactment (whenever passed or made).

(3) The Office is to perform its functions for the general purpose of
improving the way in which the Director General’s functions are