Police Reform and Social Responsibility Bill (HL Bill 86)

Police Reform and Social Responsibility BillPage 170

(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) 5But 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) 10for “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) 15at 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) 20In 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) 25at 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)—

(a) 30for “Commission” (in the first three places) substitute “relevant
appeal body”;

(b) for “considers appropriate, the Commission shall” substitute
“considers appropriate—

(a) sub-paragraph (9ZA) applies if the Commission is
35the relevant appeal body; or

(b) sub-paragraph (9ZB) applies if the chief officer of
police is the relevant appeal body.

(9ZA) The Commission shall—.

(10) Before sub-paragraph (9A) insert—

(9ZB) 40The chief officer of police shall take such action as the chief officer
thinks appropriate in relation to the bringing of disciplinary
proceedings in respect of the matters dealt with in the report.

(9ZC) If disciplinary proceedings are brought by virtue of sub-
paragraph (9ZB), it shall be the duty of the appropriate authority
45to ensure that they are proceeded with to a proper conclusion..

Police Reform and Social Responsibility BillPage 171

(11) 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
5appropriate authority to, or in a case where the appropriate authority
is the relevant appeal body it shall”;

(c) in sub-paragraph (a)—

(i) omit “to”;

(ii) omit “Commission’s”;

(d) 10in sub-paragraph (b), omit “to”.

(12) In 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
15relevant appeal body)”;

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

(13) In sub-paragraph (11), for “The Commission” substitute “In a case where the
Commission is the relevant appeal body, it”.

(14) 20In sub-paragraph (13), for “Commission” substitute “relevant appeal body”.

21 In 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)

    25the chief officer of police of that force, or

    (b)

    a 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) 30the Commission, in a case where the relevant complaint
falls 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
35in relation to the relevant complaint, in any other case.

(2) In 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
    40complaint to which the appeal relates.

(1) This 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.

Police Reform and Social Responsibility BillPage 172

(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
5appeal body; and

(ii) the 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
10appropriate authority.

(1) This 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) 15The appropriate authority must—

(a) forward 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) 20the appeal has been forwarded.

(3) The 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 98

25SCHEDULE 15 Police reform: transitional provision

Part 1 Chief officers of police

Current chief officers to remain in post

1 (1) 30At the relevant commencement time a person who, immediately before that
time, is in post as the existing chief officer of the police force for a police area
becomes the new chief officer of that police force.

(2) Where a person has, prior to the relevant commencement time, accepted an
appointment as the existing chief officer of the police force for a police area
35which is to come into effect at a time (the “effective time“) which falls at or
after the relevant commencement time, that appointment is to take effect at
the effective time as an appointment as the new chief officer of that police
force.

(3) Sub-paragraph (2) is without prejudice to any right of the person appointed
40not to take up the appointment.

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Transfer of rights and liabilities

2 At the relevant commencement time, all rights and liabilities which
immediately before that time were rights and liabilities of the existing chief
officer of the police force for a police area are to transfer to the new chief
5officer of that police force.

Relevant legislative provisions

3 (1) Any relevant legislative provision which, immediately before the relevant
commencement time, applied to chief constables of police forces maintained
under section 2 of the Police Act 1996 is to apply after that time in the same
10way 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
commencement time, applied to the Commissioner of Police of the
Metropolis is to apply after that time in the same way to the Commissioner
15of 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
made—

(a) by or under this Act, or

(b) 20by any other Act passed, or subordinate legislation made, on or after
the passing of this Act.

(4) In this paragraph—

  • “relevant legislative provision” means—

    (a)

    provision of an Act made before the relevant commencement
    25day, or

    (b)

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

    but provision which applies only to specified chief constables of
    30police forces maintained under section 2 of the Police Act 1996 is not
    relevant legislative provision.

Interpretation

4 In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996,
35the time when section 3 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section
5 comes into force.

Part 2 Initial transfer from police authorities

40Transfer of property, rights and liabilities

5 (1) At the relevant commencement time, all property, rights and liabilities
which immediately before that time were property, rights and liabilities of

Police Reform and Social Responsibility BillPage 174

the existing police authority for a police area are to transfer to, and by virtue
of this paragraph vest in, the new policing body for that police area.

(2) This paragraph does not apply to any rights or liabilities under a contract of
employment (which are dealt with in paragraph 6).

5Transfer of staff

6 (1) Subject to sub-paragraphs (5) and (6), this paragraph applies to any person
who immediately before the relevant commencement time is a member of
the staff of the existing police authority for a police area (the “existing
employer”).

(2) 10A contract of employment between a person to whom this paragraph
applies and the existing employer is to have effect from the relevant
commencement time as if originally made between that person and the new
policing body for the police area in relation to which the existing employer
was established (the “new employer”).

(3) 15Sub-paragraph (2) does not break the continuity of a person’s employment
and accordingly such a person’s period of employment with the existing
employer counts as a period of employment with the new employer for the
purposes of the Employment Rights Act 1996.

(4) Without prejudice to subsection (2)—

(a) 20all the existing employer’s rights, powers, duties and liabilities
under or in connection with a contract to which that sub-paragraph
applies are by virtue of this paragraph transferred to the new
employer at the relevant commencement time; and

(b) anything done before that date by or in relation to the existing
25employer in respect of that contract or the employee shall be deemed
from that date to have been done by or in relation to the new
employer.

(5) Sub-paragraphs (2) to (4) are without prejudice to any right of a member of
staff to terminate the contract of employment if a substantial change is made
30to the person’s detriment in the person’s working conditions; but no such
right arises by reason only of the change in employer effected by this
paragraph.

(6) Where a person—

(a) has, prior to the relevant commencement time, entered into a
35contract of employment with an existing police authority which is to
come into effect at or after that time; and

(b) would, if the contract had come into effect before that date, have
been a person to whom this paragraph applies,

that person is to be treated as a person to whom this paragraph applies.

(7) 40A person who would (but for this sub-paragraph) be treated as being
dismissed by the operation of this paragraph (whether by an enactment or
otherwise) is to be treated as not being so dismissed.

(8) Sub-paragraph (7) does not apply to a person who, by virtue of sub-
paragraph (5), does not become an employee of a new policing body.

(9) 45This paragraph is subject to paragraph 7.

Police Reform and Social Responsibility BillPage 175

Police civilians

7 (1) The new policing body for a police area—

(a) is to have, for the purpose mentioned in sub-paragraph (2), relevant
powers to arrange for the new chief officer of the police force for that
5area to discharge functions of that body; and

(b) must exercise those powers for the purpose mentioned in sub-
paragraph (2).

(2) That purpose is securing that the police civilian members of staff of that new
policing body are under the direction and control of that chief officer.

(3) 10Any arrangements made in compliance with section 15(2) of the Police Act
1996 between the existing police authority for a police area and the existing
chief officer of the police force for that area which are in force immediately
before the relevant time are to have effect at and after that time as if made
under this paragraph between the new policing body for that area and the
15new chief officer of that police force.

(4) Sub-paragraph (2) applies to a person who—

(a) immediately before the relevant commencement time, is a police
civilian member of the staff of an existing police authority, and

(b) at that time becomes a member of the staff of the new policing body
20for a police area by virtue of paragraph 6.

(5) For as long as the person continues to be a member of the staff of that body,
the person is to be—

(a) employed as a police civilian member of that staff, and

(b) under the direction and control of the new chief officer of the police
25for that area.

(6) Sub-paragraph (5) does not prevent the new policing body from making
arrangements with the person for the person to cease to be a police civilian
member of staff of that body (whether or not the person remains a member
of the staff of that body).

(7) 30After the relevant commencement time, a new policing body may, for either
of the purposes set out in sub-paragraph (8), make arrangements—

(a) with any member of the staff the body who is not a police civilian
member of staff to become a police civilian member of that staff, or

(b) with a person who is not a member of that body’s staff to become a
35police civilian member of that staff.

(8) In relation to the new policing body for a police area those purposes are—

(a) replacing police civilian members of staff of the existing police
authority for that area who did not become members of the staff of
the new policing body in accordance with paragraph 3C;

(b) 40replacing police civilian members of staff of the new policing body
who have ceased to be police civilian members of staff of that body
otherwise than by virtue of a transfer scheme under Part 2 of this
Schedule; or

(c) to supplement the police civilian members of staff of the new
45policing body.

(9) Sub-paragraphs (1) to (5) are subject to—

Police Reform and Social Responsibility BillPage 176

(a) any provision included in a collaboration agreement under section
22A of the Police Act 1996, and

(b) section 24(3A) of that Act (aid of one police force by another).

(10) In this paragraph—

(a) 5“relevant powers” means powers corresponding to those conferred
by sections 101 and 107 of the Local Government Act 1972 on police
authorities established under section 3 of the Police Act 1996;

(b) references to a police civilian member of staff of an existing police
authority or a new policing body are references to a member of the
10staff of that authority or body who is employed solely to assist the
police force maintained by that authority or body;

(c) the chief officers’ powers of direction and control referred to include
powers of engagement and dismissal.

Seconded staff

8 15In the case of a person who, immediately before the relevant commencement
time, is seconded to the existing police authority for a police area, the
secondment is to have effect, after that time, as a secondment to the new
policing body for that police area.

Interpretation

9 20In this Part “relevant commencement time” means—

(a) in relation to a police area listed in Schedule 1 to the Police Act 1996,
the time when section 1 comes into force in relation to that area;

(b) in relation to the metropolitan police district, the time when section
4 comes into force.

25Part 3 Subsequent transfer by new policing body

Power to direct new policing body to make transfer scheme

10 (1) The Secretary of State may direct a new policing body—

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

(b) 30to submit such a scheme to the Secretary of State for approval.

(2) If 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) 35reject the scheme.

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

(a) consult the new policing body, and

(b) if the scheme includes provision about the transfer of staff, consult
40persons who, in the Secretary of State’s opinion, represent the views
of the staff concerned.

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

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

(b) 5if 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) may be varied or revoked by a further direction.

11 (1) 10The Secretary of State may make one or more transfer schemes in relation to
a new policing body if—

(a) the body does not comply with a direction given to it under
paragraph 10, or

(b) the Secretary of State decides not to approve one or more schemes
15submitted by that body under paragraph 10.

(2) A scheme made by the Secretary of State under this paragraph is to be
treated as if made by the new policing body.

12 (1) The Secretary of State may direct a new policing body—

(a) to modify a transfer scheme made by that body, and

(b) 20to submit such a scheme to the Secretary of State for approval.

(2) Sub-paragraphs (2) to (5) of paragraph 10 apply to a direction under sub-
paragraph (1) of this paragraph as they apply to a direction under sub-
paragraph (1) of paragraph 10.

(3) In the application of paragraph 10(2) to (5) by virtue of sub-paragraph (2)

(a) 25references to paragraph 10(1)(b) have effect as references to sub-
paragraph (1)(b) of this paragraph;

(b) references to the making of a scheme have effect as references to the
modification of a scheme;

(c) references to a scheme have effect as references to a scheme as
30modified.

(4) The Secretary of State may modify a transfer scheme made by a new policing
body if—

(a) the authority does not comply with a direction given to it under sub-
paragraph (1), or

(b) 35the Secretary of State decides not to approve the modified scheme
submitted by the body.

(5) A scheme modified by the Secretary of State under sub-paragraph (4) is to
be treated as if modified (and made) by the new policing body.

(6) A scheme modified in accordance with this paragraph is to be deemed for
40all purposes to have come into force with those modifications.

Staff

13 (1) A transfer scheme may provide for a person employed by the new policing
body to become—

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

(b) 45a member of staff of a local authority.

Police Reform and Social Responsibility BillPage 178

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

(3) 5The 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
effect (subject to any modifications) as if originally made between that
person and that local authority.

14 (1) A transfer scheme may provide, in the case of a person who is seconded to
10the new policing body, that the secondment is to have effect as a secondment
to—

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

(b) a local authority.

(2) The scheme may make provision as to the terms and conditions which are to
15have effect as the terms and conditions of the person’s secondment.

15 (1) 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
with the contract of employment of a person who becomes a member of the
civilian staff of the police force.

(2) 20A 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
staff of that local authority.

(3) 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.

(4) 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.

16 (1) 40A transfer scheme may provide for a person who—

(a) is employed by the new policing body, and

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

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

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

45not to become such a member of staff if the person gives notice objecting to
the operation of the scheme in relation to the person.

Police Reform and Social Responsibility BillPage 179

(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

17 (1) A transfer scheme may provide for the transfer of property, rights and
liabilities of the new policing body to the chief officer.

(2) The scheme may—

(a) 10create rights or interests, or impose liabilities, in relation to property,
rights and liabilities transferred by virtue of the scheme or retained
by the transferor under the scheme or create rights or liabilities as
between the transferor and transferee under the scheme, and

(b) apportion property, rights and liabilities between the new policing
15body and the chief officer.

Supplementary

18 (1) A transfer scheme may contain further provision in connection with any of
the matters to which paragraphs 13 to 17 relate.

(2) A transfer scheme may contain incidental, consequential, supplemental,
20transitional and saving provision.

(3) A transfer scheme may confer functions on any person (including the
Secretary of State).

19 (1) A transfer scheme may contain provision—

(a) for the Secretary of State, or any other person nominated by or in
25accordance with the scheme, to determine any matter requiring
determination under or in consequence of the scheme, and

(b) as to the payment of fees charged, or expenses incurred, by any
person nominated to determine any matter by virtue of sub-
paragraph (a).

30Part 4 Other transitional provision

Politically restricted posts

20 (1) This paragraph applies to a person if by virtue of a transfer scheme, the
person—

(a) 35ceases to be a member of the staff of an existing police authority, and

(b) becomes a member of the staff of a new policing body.

(2) Section 1 of the Local Government and Housing Act 1989 (politically
restricted posts) does not apply to the person for as long as the person—

(a) continues to be a member of the staff of the new policing body, and

(b) 40carries out duties which are the same, or substantially the same, as
the duties the person carried out as a member of the staff of the
existing police authority.