Police Reform and Social Responsibility Bill (HL Bill 77)

(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).

(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.

(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—

(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).

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.

(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

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”;

(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.

(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

(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