Police Reform and Social Responsibility Bill (HL Bill 77)

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

unsatisfactory, and”.

(4) 5In paragraph 25 (appeals to the Commission with respect to an

investigation)—

(a) in sub-paragraph (2)(ba), after “answer” (in the second place) insert

“or that such a person’s performance is, or is not, unsatisfactory”;

(b) in sub-paragraph (3), after sub-paragraph (za) insert—

“(zb) 10sets out whether the appropriate authority has

determined any such person’s performance is, or is

not, unsatisfactory;”;

(c) in sub-paragraph (5)(c)(i), after “sub-paragraph (3)(za)” insert “or

(zb)”;

(d) 15in sub-paragraph (9), in the words before sub-paragraph (a), for

“considers appropriate or” substitute “considers appropriate, or

determines that the appropriate authority has not made a

determination as to whether a person’s performance is or is not

unsatisfactory, or determines that the appropriate authority”.

(5) 20In paragraph 27 (duties with respect to disciplinary proceedings), in sub-

paragraph (3)—

(a) after sub-paragraph (za) insert—

“(zb) that the person’s performance is, or is not,

unsatisfactory;”;

(b) 25in sub-paragraph (a), after “conduct” insert “, efficiency or

effectiveness”;

(c) in sub-paragraph (b), after “conduct” insert “, efficiency or

effectiveness”.

Rights of appeal

15 30Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with the following paragraphs of this Schedule.

16 In paragraph 3 (failures to notify or record a complaint), after sub-paragraph

(3) insert—

“(3A) But the complainant has no right of appeal under sub-paragraph

35(3) in either of the following cases.

(3B) The first case is where, by virtue of paragraph 2(7), there is no

requirement to record the complaint.

(3C) The second case is where—

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

(b) 40the appeal relates to a failure by a local policing body.”.

17 (1) Paragraph 7 (dispensation by the Commission from requirements of

Schedule 3 to 2002 Act) is amended in accordance with this paragraph.

(2) After sub-paragraph (7) insert—

“(8) The complainant shall have a right of appeal to the relevant appeal

45body against any decision by the appropriate authority under this

paragraph to handle the complaint otherwise than in accordance

with this Schedule or to take no action in relation to it.

(9) But the complainant has no right of appeal in either of the

following cases.

(10) 5The first case is where the appeal relates to a decision for which the

Commission has given permission under this paragraph.

(11) The second case is where the complaint relates to a direction and

control matter.

(12) On an appeal under this paragraph, subject to sub-paragraphs (13)

10and (14), the relevant appeal body shall—

(a) determine whether any decision taken by the appropriate

authority under this paragraph should have been taken in

the case in question; and

(b) if the relevant appeal body finds in the complainant’s

15favour, give such directions as the relevant appeal body

thinks appropriate to the local policing body or chief

officer as to the action to be taken for handling the

complaint in accordance with this Schedule or handling it

otherwise than in accordance with this Schedule;

20and it shall be the duty of a local policing body or chief officer to

comply with any directions given under paragraph (b).

(13) Sub-paragraph (12) does not apply in a case where a particular

chief officer of police is—

(a) the person in respect of whose decision the appeal is made

25under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(14) In such a case—

(a) the appeal shall determine whether any decision taken by

the appropriate authority under this paragraph should

30have been taken in the case in question; and

(b) if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate for handling the complaint in

accordance with this Schedule or handling it otherwise

35than in accordance with this Schedule.”.

18 For paragraph 9 and the italic heading that precedes it (Appeals relating to

local resolution) substitute—

(1) The complainant shall have a right of appeal to the relevant appeal

body against the outcome of any complaint that is—

(a) 40subjected to local resolution, or

(b) handled otherwise than in accordance with this Schedule.

(2) But the complainant has no right of appeal if the complaint relates

to a direction and control matter.

(3) On an appeal under this paragraph, subject to sub-paragraphs (4)

and (5), the relevant appeal body shall—

(a) determine whether the outcome of the complaint is a

proper outcome; and

(b) 5if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

thinks appropriate to the appropriate authority as to the

action to be taken in relation to the complaint;

and it shall be the duty of the appropriate authority to comply

10with any directions given under paragraph (b).

(4) Sub-paragraph (3) does not apply in a case where a chief officer of

police is the relevant appeal body in relation to the appeal.

(5) In such a case—

(a) the appeal shall determine whether the outcome of the

15complaint is a proper outcome; and

(b) if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate in relation to the complaint.”.

19 (1) Paragraph 21 (power of the Commission to discontinue an investigation) is

20amended in accordance with this paragraph.

(2) After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule)

insert—

“(7) The complainant shall have a right of appeal to the relevant appeal

body against any decision by the appropriate authority under sub-

25paragraph (1A) to discontinue the investigation of the complaint.

(8) But the complainant has no right of appeal if the complaint relates

to a direction and control matter.

(9) On an appeal under this paragraph, subject to sub-paragraphs (10)

and (11), the relevant appeal body shall—

(a) 30determine whether any decision taken by the appropriate

authority under this paragraph should have been taken in

the case in question; and

(b) if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

35thinks appropriate to the local policing body or chief

officer as to the action to be taken for investigating the

complaint;

and it shall be the duty of a local policing body or chief officer to

comply with any directions given under paragraph (b).

(10) 40Sub-paragraph (9) does not apply in a case where a particular chief

officer of police is—

(a) the person in respect of whose decision an appeal is made

under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(11) 45In such a case—

(a) the appeal shall determine whether any decision taken by

the appropriate authority under this paragraph should

have been taken in the case in question; and

(b) if the appeal finds in the complainant’s favour, the chief

5officer of police must take such action as the chief officer

thinks appropriate for investigating the complaint.”.

20 (1) In the italic heading that precedes paragraph 25 (appeals to the Commission

with respect to an investigation), omit “to the Commission”.

(2) Paragraph 25 is amended in accordance with the following provisions of this

10paragraph.

(3) In sub-paragraph (2)

(a) in the words before sub-paragraph (a), for “to the Commission”

substitute “to the relevant appeal body”;

(b) in the words after sub-paragraph (d)—

(i) 15for “Commission” substitute “relevant appeal body”;

(ii) after “this paragraph” insert “(except that the duty to notify

the appropriate authority does not apply where that

authority is the relevant appeal body)”.

(4) After sub-paragraph (2) insert—

“(2ZA) 20But the complainant has no right of appeal if the complaint relates

to a direction and control matter.”.

(5) In sub-paragraph (5), for “Commission” (in each place) substitute “relevant

appeal body”.

(6) In sub-paragraph (6)—

(a) 25for “Commission” (in the first place) substitute “relevant appeal

body”;

(b) after “any matter” insert “—

(a) in a case where the Commission is the relevant

appeal body,”;

(c) 30at the end insert “; and

(b) in a case where the appropriate authority is the

relevant appeal body, that authority shall take such

steps as it considers appropriate for securing that

the complainant is properly informed.”.

(7) 35In sub-paragraph (7), for “sub-paragraph (6)” substitute “sub-paragraph

(6)(a)”.

(8) In sub-paragraph (8)—

(a) after “reconsidered,” insert “in a case where the Commission is the

relevant appeal body”;

(b) 40at the end of paragraph (b) insert “; and

in a case where the appropriate authority is the relevant

appeal body, that authority shall re-investigate the

complaint.”.

(9) In sub-paragraph (9), for “Commission” (in each place) substitute “relevant

45appeal body”;

(10) In sub-paragraph (9A)—

(a) for “Commission” substitute “relevant appeal body”;

(b) for “it shall direct the appropriate authority” substitute “in a case

where the Commission is the relevant appeal body it shall direct the

appropriate authority to, or in a case where the appropriate authority

5is the relevant appeal body it shall”;

(c) in sub-paragraph (a)—

(i) omit “to”;

(ii) omit “the Commission’s”;

(d) in sub-paragraph (b), omit “to”.

(11) 10In sub-paragraph (10)—

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

“relevant appeal body”;

(b) in sub-paragraph (a), after “authority” insert “(unless it is the

relevant appeal body)”;

(c) 15in sub-paragraph (d), for “Commission” substitute “relevant appeal

body”.

(12) In sub-paragraph (11), for “The Commission” substitute “In a case where the

Commission is the relevant appeal body, it”.

(13) In sub-paragraph (13), for “Commission” substitute “relevant appeal body”.

21 20In paragraph 29 (minor definitions), before the definition of “gross

misconduct” insert—

• ““direction and control matter” means a matter that relates to
  
  the direction and control of a police force by—

  (a)

  the chief officer of police of that force, or

  (b)

  25a person for the time being carrying out the
  
  functions of the chief officer of police of that force;”.

22 After paragraph 29 insert—

(1) The relevant appeal body in relation to an appeal is—

(a) the Commission, in a case where the relevant complaint

30falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes

of this paragraph; or

(b) the chief officer of police who is the appropriate authority

in relation to the relevant complaint, in any other case.

(2) 35In this paragraph and paragraphs 31 and 32—

• “appeal” means an appeal under paragraph 7(8), 8A, 21(7) or
  
  25(2);

• “relevant complaint”, in relation to an appeal, means the
  
  complaint to which the appeal relates.

(1) 40This paragraph applies in a case where—

(a) an appeal is made to the Commission, and

(b) the appropriate authority is the relevant appeal body in

relation to the appeal.

(2) The Commission must—

(a) forward the appeal to the appropriate authority; and

(b) notify the person who made the appeal—

(i) that the appropriate authority is the relevant

appeal body; and

(ii) 5the appeal has been forwarded.

(3) The appeal is to be taken to have been—

(a) made to the appropriate authority, and

(b) so made at the time when it is forwarded to the

appropriate authority.

(1) 10This paragraph applies in a case where—

(a) an appeal is made to the appropriate authority; and

(b) the Commission is the relevant appeal body in relation to

the appeal.

(2) The appropriate authority must—

(a) 15forward the appeal to the Commission; and

(b) notify the person who made the appeal—

(i) that the Commission is the relevant appeal body;

and

(ii) the appeal has been forwarded.

(3) 20The appeal is to be taken to have been—

(a) made to the Commission; and

(b) so made at the time when it is forwarded to the

Commission.”.

Section 100

SCHEDULE 15 25Police reform: transitional provision

Part 1 Chief officers of police to remain in post

1 (1) This paragraph applies in relation to a police area listed in Schedule 1 to the

Police Act 1996 if, immediately before section 3 comes into force in relation

30to that police area, a person is in post as the chief constable of the police force

for that area.

(2) That person becomes the new chief constable of that police force.

(3) In this paragraph “new chief constable” means the chief constable

established for that police area under section 3 of this Act.

2 (1) 35This paragraph applies in relation to the metropolitan police district if,

immediately before section 5 comes into force, a person is in post as the

Commissioner of Police of the Metropolis.

(2) That person becomes the new Commissioner of Police of the Metropolis.

(3) In this paragraph “new Commissioner of Police of the Metropolis” means

the new Commissioner of Police of the Metropolis established under section

5 of this Act.

3 (1) Any relevant legislative provision which, immediately before the relevant

5commencement day, applied to chief constables of police forces maintained

under section 2 of the Police Act 1996 is to apply in the same way to chief

constables established under section 3 of this Act (except where the context

otherwise requires).

(2) Any relevant legislative provision which, immediately before the relevant

10commencement day, applied to the Commissioner of Police of the

Metropolis is to apply in the same way to the Commissioner of Police of the

Metropolis established under section 5 of this Act (except where the context

otherwise requires).

(3) Sub-paragraphs (1) and (2) are subject to any provision to the contrary

15made—

(a) by or under this Act, or

(b) by any other Act passed, or subordinate legislation made, on or after

the passing of this Act.

(4) In this paragraph—

• 20“relevant commencement day” means—

  (a)

  in relation to sub-paragraph (1), the day on which section 3
  
  comes into force;

  (b)

  in relation to sub-paragraph (2), the day on which section 5
  
  comes into force;

• 25“relevant legislative provision” means—

  (a)

  provision of an Act made before the relevant commencement
  
  day, or

  (b)

  provision of an instrument made before the relevant
  
  commencement day under a public general Act which is of a
  
  30legislative character;

  but provision which applies only to specified chief constables of
  
  police forces maintained under section 2 of the Police Act 1996 is not
  
  relevant legislative provision.

Part 2 35Transfer schemes

Power to direct existing police authority to make transfer scheme

4 (1) The Secretary of State may direct an existing police authority—

(a) to make one or more transfer schemes, and

(b) to submit such a scheme to the Secretary of State for approval.

(2) 40If the Secretary of State gives a direction under sub-paragraph (1)(b), the

Secretary of State may—

(a) approve the scheme as submitted,

(b) approve the scheme with modifications, or

(c) reject the scheme.

(3) Before making a decision under sub-paragraph (2), the Secretary of State

must—

(a) consult the existing police authority, and

(b) if the scheme includes provision about the transfer of staff, consult

5persons who, in the Secretary of State’s opinion, represent the views

of the staff concerned.

(4) If the Secretary of State gives a direction under sub-paragraph (1)(b), the

existing police authority—

(a) must not make the scheme unless the Secretary of State approves it,

10and

(b) if the Secretary of State approves the scheme with modifications,

must make it with those modifications.

(5) A direction under this paragraph—

(a) must be in writing; and

(b) 15may be varied or revoked by a further direction.

5 (1) The Secretary of State may make one or more transfer schemes in relation to

an existing police authority if—

(a) the authority does not comply with a direction given to it under

paragraph 4, or

(b) 20the Secretary of State decides not to approve one or more schemes

submitted by that authority under paragraph 4.

(2) A scheme made by the Secretary of State under this paragraph is to be

treated as if made by the existing police authority.

Staff

6 (1) 25A transfer scheme may provide for a person employed by the existing police

authority under section 15 of the Police Act 1996 to become—

(a) a member of the staff of the new policing body,

(b) a member of the civilian staff of the police force, or

(c) a member of staff of a local authority.

(2) 30The scheme may provide that a contract of employment which the person

had before becoming a member of the staff of the new policing body is to

have effect (subject to any modifications) as if originally made between that

person and that body.

(3) The scheme may provide that a contract of employment which the person

35had before becoming a member of the civilian staff of a police force is to have

effect (subject to any modifications) as if originally made between that

person and the chief officer.

(4) The scheme may provide that a contract of employment which the person

had before becoming a member of the staff of a local authority is to have

40effect (subject to any modifications) as if originally made between that

person and that local authority.

7 (1) A transfer scheme may provide, in the case of a person who is seconded to

the existing police authority, that the secondment is to have effect as a

secondment to—

(a) 45the staff of the new policing body,

(b) the civilian staff of the police force, or

(c) a member of staff of a local authority.

(2) The scheme may make provision as to the terms and conditions which are to

have effect as the terms and conditions of the person’s secondment.

8 (1) A transfer scheme may provide for the transfer to the new policing body of

5the rights, powers, duties and liabilities of the employer under or in

connection with the contract of employment of a person who becomes a

member of the staff of that body.

(2) A transfer scheme may provide for the transfer to the chief officer of the

rights, powers, duties and liabilities of the employer under or in connection

10with the contract of employment of a person who becomes a member of the

civilian staff of the police force.

(3) A transfer scheme may provide for the transfer to a local authority of the

rights, powers, duties and liabilities of the employer under or in connection

with the contract of employment of a person who becomes a member of the

15staff of that local authority.

(4) A transfer scheme may make provision—

(a) for periods before a person became a member of the staff of the new

policing body to count as periods of employment with that body,

and

(b) 20for periods before a person became a member of the staff of the new

policing body, and the period after the person became a member of

the staff of the new policing body, to count as a period of continuous

employment.

(5) A transfer scheme may make provision—

(a) 25for periods before a person became a member of the civilian staff of

the police force to count as periods of employment with the chief

officer, and

(b) for periods before a person became a member of the civilian staff of

the police force, and the periods after the person became a member

30of the civilian staff of the police force, to count as a period of

continuous employment.

(6) A transfer scheme may make provision—

(a) for periods before a person became a member of the staff of a local

authority to count as periods of employment with that local

35authority, and

(b) for periods before a person became a member of the staff of a local

authority, and the period after the person became a member of the

staff of the local authority, to count as a period of continuous

employment.

9 (1) 40A transfer scheme may provide for a person who—

(a) is employed by the existing police authority under section 15 of the

Police Act 1996, and

(b) would otherwise, by the operation of the scheme, become—

(i) a member of the staff of the new policing body,

(ii) 45a member of the civilian staff of the police force, or

(iii) a member of staff of a local authority,

not to become such a member of staff if the person gives notice objecting to

the operation of the scheme in relation to the person.

(2) A person who would (but for this sub-paragraph) be treated as being

dismissed by the operation of a transfer scheme (whether by an enactment

or otherwise) is to be treated as not being so dismissed.

(3) Sub-paragraph (2) does not apply to a person who, by virtue of sub-

5paragraph (1), does not become a member of staff.

Property, rights and liabilities etc

10 (1) A transfer scheme may provide for the transfer of property, rights and

liabilities of the existing police authority to—

(a) the new policing body, or

(b) 10the chief officer.

(2) The scheme may—

(a) create rights, or impose liabilities, in relation to property, rights and

liabilities transferred by virtue of the scheme, and

(b) apportion property, rights and liabilities between the new policing

15body and the chief officer.

(3) The scheme may provide for things done by or in relation to the existing

policing body, its staff, or the members of the police force, to be—

(a) treated as done by, or in relation to, or

(b) continued by, or in relation to,

20the new policing body, the staff of the new policing body, the chief officer,

the civilian staff of the police force, or the members of the police force.

(4) The scheme may make provision about the continuation of legal

proceedings.

11 A transfer scheme may provide for the new policing body, or the chief

25officer, to make any payment which—

(a) before a day specified in the scheme could have been made out of the

police fund of the existing police body, but

(b) is not a liability which can be transferred by virtue of paragraph 10.