some default text...

Police Reform and Social Responsibility Bill (HL Bill 77)

Police Reform and Social Responsibility BillPage 150

(a) in the case of the British Transport Police Authority, the

British Transport Police, and

(b) in the case of the Civil Nuclear Police Authority, the Civil

Nuclear Constabulary.

(7) 5References to a police force include—

(a) references to the special constables appointed by a chief

officer of police, and

(b) references to the civilian employees of the police force;

and references to the members of a police force are to be read

10accordingly.

(8) For that purpose “civilian employee” means—

(a) in the case of a police force maintained under section 2 or 5A,

the members of the civilian staff of that force;

(b) in the case of any other police force, the employees of the

15policing body responsible for maintaining that force who are

under the direction and control of the chief officer of police of

that force..

Section 92

SCHEDULE 13 Police powers for civilian employees under collaboration agreements

20Police Act 1996

1 After section 23A of the Police Act 1996 insert—

23AA   Force collaboration provision about civilian employees

(1) This section applies to force collaboration provision, contained in a

collaboration agreement, which is about the discharge of functions

25by designated civilian employees of one police force (the “assisting

force”) for the purposes of another police force (the “assisted force”).

(2) The force collaboration provision must specify—

(a) the functions which the designated civilian employees are

permitted by the collaboration agreement to discharge for the

30purposes of the assisted force, and

(b) any restrictions or conditions on that permission for the

designated civilian employees to discharge those functions.

(3) The force collaboration provision must not permit the designated

civilian employees to discharge functions for the purposes of the

35assisted force unless those employees are, by virtue of the relevant

section 38 designation, authorised to discharge those functions for

the purposes of the assisting force.

(4) The force collaboration provision does not authorise the designated

civilian employees to discharge functions for the purposes of the

40assisted force (but see section 38B of the Police Reform Act 2002).

Police Reform and Social Responsibility BillPage 151

(5) References in this section to the discharge of functions by civilian

employees of the assisting force for the purposes of the assisted force

include references to—

(a) the joint discharge of functions by the civilian employees and

5members of the assisted police force,

(b) the discharge of functions by the civilian employees in the

assisted force’s area, and

(c) the provision of the civilian employees to the assisted force.

(6) In this section—

  • 10“designated”, in relation to a civilian employees of a police

    force, means designated by the chief officer of police of that

    force by a section 38 designation;

  • “relevant section 38 designation”, in relation to a designated

    civilian employees, means the section 38 designation relating

    15to the employee;

  • “section 38 designation” means a designation under section 38

    of the Police Reform Act 2002..

Police Reform Act 2002

2 The Police Reform Act 2002 is amended as follows.

3 20After section 38A insert—

38B Police powers for civilian employees under collaboration agreements

(1) The chief officer of police of a police force (the “assisted force”) may

designate a person (“C”) who—

(a) is a civilian employee of another police force (the “assisting

25force”),

(b) is designated under section 38 by the chief officer of police of

the assisting police force (the “section 38 designation”), and

(c) is permitted, under relevant police collaboration provision,

to discharge powers and duties specified in that provision for

30the purposes of the assisted force.

(2) The designation under subsection (1) (the “collaboration

designation”) must designate C as an officer of one or more of the

descriptions specified in section 38(2).

(3) The collaboration designation may designate C as an officer of a

35particular description specified in section 38(2) only if the section 38

designation designates C as an officer of that description.

(4) C shall have the powers and duties conferred or imposed on C by the

collaboration designation.

(5) A power or duty may be conferred or imposed on C by the

40collaboration designation only if C is permitted, under the relevant

police collaboration provision, to discharge that power or duty for

the purposes of the assisted force.

(6) C shall not be authorised or required by virtue of the collaboration

designation to engage in any conduct otherwise than in the course of

45discharging a power or duty conferred or imposed on C by the

collaboration designation.

Police Reform and Social Responsibility BillPage 152

(7) The collaboration designation must specify the restrictions and

conditions to which C is subject in the discharge of the powers and

duties conferred or imposed by the collaboration designation.

(8) Those restrictions and conditions must include the restrictions and

5conditions specified in the relevant police collaboration provision.

(9) C is authorised or required to discharge any power or duty conferred

or imposed by the collaboration designation subject to the

restrictions and conditions specified in the collaboration designation.

(10) References in this section to the discharge of functions by civilian

10employees of the assisting force for the purposes of the assisted force

have the same meaning as in section 23B of the Police Act 1996.

(11) In this section—

  • “civilian employee” has the meaning given by section 23I of the

    Police Act 1996;

  • 15“relevant police collaboration provision” means provision,

    contained in a collaboration agreement under section 22A of

    the Police Act 1996, which is of the kind referred to in section

    23AA of that Act.

38C Designations under section 38B: supplementary provision

(1) 20The collaboration designation of C must be in accordance with the

relevant police collaboration provision.

(2) Subsection (1) is in addition to section 38B(5) and (8).

(3) Subsections (8) and (9) of section 38 apply to any power exercisable

by C in reliance on the collaboration designation as they apply to a

25power exercisable by a person in reliance on a designation under

section 38.

(4) In exercising or performing any power or duty in reliance on the

collaboration designation, C is to be taken—

(a) as exercising or performing that power or duty in reliance on

30that collaboration designation (and not in reliance on any

designation under section 38); and

(b) accordingly, as not being a designated person (within the

meaning of section 46(1)) by virtue of any designation under

section 38.

(5) 35Expressions used in this section and section 38B have the same

meanings in this section as in section 38B..

4 (1) Section 42 (supplementary provisions relating to designations and

accreditations) is amended in accordance with this paragraph.

(2) In subsection (1), after “section 38” insert “, 38B”.

(3) 40After subsection (2) insert—

(2ZA) A power exercisable by any person in reliance on a designation

under section 38B by the chief officer of police of the assisted force

shall, subject to subsection (2A), be exercisable only by a person

wearing such uniform as may be—

Police Reform and Social Responsibility BillPage 153

(a) determined or approved for the purposes of this Chapter by

the chief officer of police of the assisting police force; and

(b) identified or described in the designation.

In this subsection, “assisted force” and “assisting force” have the

5same meanings as in section 38B..

(4) In subsection (2A), after “subsection (2)” insert “or (2ZA)”.

(5) In subsection (2B), after “section 38” insert “(in relation to subsection (2)) or

section 38B (in relation to subsection (2ZA))”.

(6) In subsection (3), after “section 38” insert “, 38B”.

(7) 10After subsection (7) insert—

(7A) For the purposes of determining liability for the unlawful conduct of

a civilian employee of a police force (within the meaning of section

38B), conduct by such an employee in reliance or purported reliance

on a designation under section 38B shall be taken to be conduct in the

15course of the employee’s employment by the employer; and, in the

case of a tort, that employer shall fall to be treated as a joint tortfeasor

accordingly..

5 In section 46 (offences against designated and accredited persons etc), after

subsection (4) insert—

(5) 20References in this section to a designated person are to—

(a) a designated person within the meaning given by section

47(1), and

(b) a person in relation to whom a designation under section 38B

is for the time being in force..

25Railways and Transport Safety Act 2003

6 In section 28 of the Railways and Transport Safety Act 2003 (exercise of

powers by civilians), after subsection (1)(aa) insert—

(ab) sections 38B and 38C (police powers for civilian employees

under collaboration agreements),.

Section 97

30SCHEDULE 14 Police: complaints

Introduction

1 The Police Reform Act 2002 is amended in accordance with this Schedule.

Membership and proceedings of Independent Police Complaints Commission

2 35In section 9(2)(b) (minimum number of members of Commission), for “ten”

substitute “five”.

3 In Schedule 2 (the Independent Police Complaints Commission), in

paragraph 10 (proceedings), omit sub-paragraph (6).

Police Reform and Social Responsibility BillPage 154

Complaints about policing

4 Omit section 14 (direction and control matters).

5 (1) In section 29(1) (interpretation of Part 2), in the definition of “conduct” in

subsection (1), for “and statements” substitute “, statements and decisions”.

(2) 5In Schedule 3 (handling of complaints and conduct matters), in paragraph 4

(reference of complaints to the Commission), after sub-paragraph (7)

insert—

(8) In a case where—

(a) a complaint relates to a direction and control matter, and

(b) 10there is no obligation under this paragraph for the

appropriate authority to refer the complaint to the

Commission,

the appropriate authority may refer the complaint to the

Commission under this paragraph only if the Commission

15consents..

6 In consequence of paragraph 4

(a) in section 10 (general functions of the Commission), omit subsection

(8);

(b) in section 13 (handling of complaints, conduct matters and DSI

20matters etc), omit “subject to section 14(1)”.

Power of local policing body to direct chief officer of police to comply with obligations

7 In section 15 (general duties of local policing bodies, chief officers and

inspectors), after subsection (2) insert—

(2A) Subsection (2B) applies in a case where it appears to a local policing

25body that—

(a) an obligation to act or refrain from acting has arisen by or

under this Part,

(b) that obligation is an obligation of the chief officer of police of

the police force which is maintained by the local policing

30body, and

(c) the chief officer has not yet complied with that obligation, or

has contravened it.

(2B) The local policing body may direct the chief officer to take such steps

as the local policing body thinks appropriate.

(2C) 35The chief officer must comply with any direction given under

subsection (2B)..

Initial handling and recording of complaints

8 (1) In Schedule 3 (handling of complaints and conduct matters), paragraph 2

(initial handling and recording of complaints) is amended in accordance

40with this paragraph.

(2) For sub-paragraph (1) substitute—

(1) Where a complaint is made to the Commission, it shall give

notification of the complaint to the appropriate authority.

Police Reform and Social Responsibility BillPage 155

(1A) But the Commission need not give that notification if the

Commission considers that there are exceptional circumstances

that justify its not being given..

(3) Omit sub-paragraph (4).

(4) 5In sub-paragraph (5)—

(a) in the words before sub-paragraph (a)—

(i) omit the words from “or the Commission” to “sub-paragraph

(4)”;

(ii) omit “or, as the case may be, the Commission”;

(b) 10omit sub-paragraph (b) (and the word “or” preceding it).

(5) After sub-paragraph (7) insert—

(8) Nothing in this paragraph shall require the recording by any

person of any complaint about any conduct if that person

considers that the complaint falls within a description of

15complaints specified in regulations made by the Secretary of State

for the purposes of this paragraph..

Handling of complaints by the appropriate authority

9 (1) In Schedule 3 (handling of complaints and conduct matters), for paragraph

6 (handling of complaints by the appropriate authority) substitute—

6 (1) 20This paragraph applies where a complaint has been recorded by

the appropriate authority.

(2) But this paragraph does not apply to a complaint if it is one that

has been, or must be, referred to the Commission under paragraph

4, unless the complaint is for the time being—

(a) 25referred back to the authority under paragraph 5, or

(b) the subject of a determination under paragraph 15.

(3) Subject to paragraph 7, the appropriate authority shall determine

whether or not the complaint is suitable for being subjected to

local resolution.

(4) 30If the appropriate authority determines that the complaint is

suitable for being subjected to local resolution, it shall make

arrangements for it to be so subjected.

(5) If the appropriate authority determines that the complaint is not

so suitable, it shall make arrangements for the complaint to be

35investigated by the authority on its own behalf.

(6) A determination that a complaint is suitable for being subjected to

local resolution may not be made unless the following conditions

are both met.

(7) The first condition is that the appropriate authority is satisfied that

40the conduct complained of (even if it were proved) would not

justify the bringing of any criminal or disciplinary proceedings

against the person whose conduct is complained of.

(8) The second condition is that the appropriate authority is satisfied

that the conduct complained of (even if it were proved) would not

Police Reform and Social Responsibility BillPage 156

involve the infringement of a person’s rights under Article 2 or 3

of the Convention (within the meaning of the Human Rights Act

1998).

(9) In a case where this paragraph applies to a complaint by virtue of

5sub-paragraph (2)(b), a determination that the complaint is

suitable for being subjected to local resolution may not be made

unless the Commission approves the determination.

(10) No more than one application may be made to the Commission for

the purposes of sub-paragraph (9) in respect of the same

10complaint.

(11) Sub-paragraph (9) (where applicable) is in addition to sub-

paragraphs (6) to (8)..

(2) In paragraph 7(6)(a) of that Schedule, for “paragraph 6(2)” substitute

“paragraph 6(3)”.

15Disapplication of requirements of Schedule 3 to 2002 Act

10 (1) Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with this paragraph.

(2) In the italic heading that precedes paragraph 7 (dispensation by the

Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation

20by the Commission from
” substitute “Disapplication of”.

(3) Paragraph 7 is amended in accordance with the following provisions of this

paragraph.

(4) In sub-paragraph (1), omit “apply to the Commission, in accordance with the

regulations, for permission to”.

(5) 25After sub-paragraph (1) insert—

(1A) But, in a case where paragraph 6 applies by virtue of paragraph

6(2)(a) or (b), the appropriate authority may not handle the

complaint in whatever manner (if any) the authority thinks fit

unless—

(a) 30the authority applies to the Commission, in accordance

with the regulations, for permission to so handle the

complaint, and

(b) the Commission gives permission..

(6) In sub-paragraph (2), for “this paragraph” substitute “sub-paragraph (1A)”.

(7) 35In sub-paragraph (5)—

(a) for the words before paragraph (a) substitute—

(5) Where the complaint is to be handled in whatever manner (if

any) the authority thinks fit (whether or not the

Commission’s permission is needed), the authority—;

(b) 40in sub-paragraph (b), for “but for the permission” substitute “if it

were not proceeding in accordance with this paragraph”.

(8) In sub-paragraph (6)—

(a) after “Where” insert “the appropriate authority applies to the

Commission under sub-paragraph (1A) and”;

Police Reform and Social Responsibility BillPage 157

(b) omit “under this paragraph”.

Conduct matters arising in civil proceedings

11 (1) In Schedule 3 (handling of complaints and conduct matters), paragraph 10

(conduct matters arising in civil proceedings) is amended in accordance

5with this paragraph.

(2) In sub-paragraph (3), for “record that matter” substitute “determine whether

the matter is one which it or he is required to refer to the Commission under

paragraph 13 or is one which it would be appropriate to so refer”.

(3) For sub-paragraph (4) substitute—

(4) 10In a case where the appropriate authority determines that the

matter is one which it or he is required to refer to the Commission

under paragraph 13, or is one which it would be appropriate to so

refer, it or he shall record the matter.

(4A) In any other case, the appropriate authority shall determine

15whether the matter falls within a description of matters specified

in regulations made by the Secretary of State for the purposes of

this sub-paragraph.

(4B) In a case where the appropriate authority determines that the

matter does not fall within such a description, it or he shall record

20the matter.

(4C) In any other case, the appropriate authority may (but need not)

record the matter.

(4D) In a case where the appropriate authority—

(a) records a matter under this paragraph, and

(b) 25is not required to refer the matter to the Commission under

paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other

manner (if any) as it or he may determine..

(4) In sub-paragraph (5), for “sub-paragraph (3)” substitute “sub-paragraph (4)

30or (4B)”.

Recording etc of conduct matters in other cases

12 (1) In Schedule 3 (handling of complaints and conduct matters), paragraph 11

(recording etc of conduct matters in other cases) is amended in accordance

with this paragraph.

(2) 35In sub-paragraph (1)—

(a) for the words before paragraph (a) substitute—

(1) This paragraph applies where—;

(b) omit the words after paragraph (b).

(3) For sub-paragraph (3) substitute—

(3) 40The appropriate authority must determine whether the matter is

one which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer.

Police Reform and Social Responsibility BillPage 158

(3A) In a case where the appropriate authority determines that the

matter is one which it or he is required to refer to the Commission

under paragraph 13, or is one which it would be appropriate to so

refer, it or he shall record the matter.

(3B) 5In any other case, the appropriate authority shall determine

whether the matter falls within a description of matters specified

in regulations made by the Secretary of State for the purposes of

this sub-paragraph.

(3C) In a case where the appropriate authority determines that the

10matter does not fall within such a description, it or he shall record

the matter.

(3D) In any other case, the appropriate authority may (but need not)

record the matter.

(3E) In a case where the appropriate authority—

(a) 15records a matter under this paragraph, and

(b) is not required to refer the matter to the Commission under

paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other

manner (if any) as it or he may determine..

(4) 20In sub-paragraph (4), for “sub-paragraph (1)” substitute “sub-paragraph

(3A) or (3C)”.

Power to discontinue an investigation

13 (1) Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with this paragraph.

(2) 25In the italic heading that precedes paragraph 21 (power of the Commission

to discontinue an investigation), omit “of the Commission”.

(3) Paragraph 21 is amended in accordance with the following provisions of this

paragraph.

(4) For sub-paragraph (1) substitute—

(1) 30The Commission may by order require the discontinuance of the

investigation of a complaint or matter if (whether on the

application of the appropriate authority or otherwise) it appears to

the Commission that—

(a) the complaint or matter is of a description specified in

35regulations made by the Secretary of State for the purposes

of this paragraph, and

(b) discontinuance of the investigation is within the

Commission’s power.

(1A) The appropriate authority that is investigating a complaint or

40matter may discontinue the investigation if it appears to that

authority that—

(a) the complaint or matter is of a description specified in

regulations made by the Secretary of State for the purposes

of this paragraph, and

Police Reform and Social Responsibility BillPage 159

(b) discontinuance of the investigation is not within the

Commission’s power.

(1B) For the purposes of this paragraph—

(a) discontinuance of the investigation of a complaint is

5within the Commission’s power if—

(i) the investigation is being undertaken by the

appropriate authority on its own behalf and the

complaint is one required to be referred to the

Commission under paragraph 4; or

(ii) 10the investigation is under the supervision or

management of the Commission;

(b) discontinuance of the investigation of a matter other than

a complaint is within the Commission’s power if the

investigation is under the supervision or management of

15the Commission..

(5) After sub-paragraph (3) insert—

(3A) Where the appropriate authority discontinues an investigation

under sub-paragraph (1A), the appropriate authority shall give

notification of the discontinuance—

(a) 20to every person entitled to be kept properly informed in

relation to the investigation under section 21; and

(b) in a case where the investigation that is discontinued is an

investigation of a complaint, to the complainant..

(6) In sub-paragraph (4), for “in accordance with this paragraph” substitute “in

25accordance with an order under sub-paragraph (1)”.

(7) After sub-paragraph (5) insert—

(6) Where an investigation of a complaint, recordable conduct matter

or DSI matter is discontinued in accordance with sub-paragraph

(1A)—

(a) 30the appropriate authority may take any such steps of a

description specified in regulations made by the Secretary

of State as he or it considers appropriate for purposes

connected with the discontinuance of the investigation;

and

(b) 35subject to the preceding paragraphs, neither the

appropriate authority nor the Commission shall take any

further action in accordance with the provisions of this

Schedule in relation to that complaint or matter..

Duties with respect to disciplinary proceedings

14 (1) 40Schedule 3 is amended in accordance with this paragraph.

(2) In paragraph 23 (action by the Commission in response to an investigation

report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i)

insert—

(ia) whether or not any such person’s performance is

45unsatisfactory, and.

(3) In paragraph 24 (action by the appropriate authority in response to an