Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(i) the Board,

(ii) the Police Association, and

(iii) the Chief Constable of the Police Service of
Northern Ireland.

(9) 5The duty in subsection (8)(a) does not apply if the Department
of Justice considers that—

(a) there is not enough time to refer to the matter to the
Police Remuneration Review Body because the need to
make the regulations is so urgent, or

(b) 10it is unnecessary to do so by reason of the nature of the
proposed regulations.”

Independent Police Complaints Commission

121 Application of IPCC provisions to contractors

In section 12 of the Police Reform Act 2002 (complaints, matters and persons to
15which Part 2 applies), at the end there is inserted—

“(8) The Secretary of State may make regulations providing that, for the
purposes of this Part and of any regulations made under this Part—

(a) a contractor,

(b) a sub-contractor of a contractor, or

(c) 20an employee of a contractor or a sub-contractor,

is to be treated as a person serving with the police.

(9) Regulations under subsection (8) may make modifications to this Part,
and to any regulations made under this Part, in its application to those
persons.

(10) 25In subsection (8) “contractor” means a person who has entered into a
contract with a local policing body or a chief officer to provide services
to a chief officer.”

122 Application to IPCC of provisions about investigation of offences

(1) In Schedule 3 to the Police Reform Act 2002 (handling of complaints and
30conduct matters etc), paragraph 19 (investigations by the Independent Police
Complaints Commission itself) is amended as follows.

(2) In sub-paragraph (6), for the words from “provide that such provisions” to
“shall apply” there is substituted “provide that—

“(a)(a)such provisions of the 1984 Act relating to investigations of
35offences conducted by police officers as may be specified in
the order, and

(b) such provisions of a code of practice under section 60, 60A or
66 of that Act as may be so specified,

shall apply”.

(3) 40After sub-paragraph (6) there is inserted—

“(6A) An order under sub-paragraph (6) may, in particular, provide that
where a provision applied by the order allows a power to be
exercised only if an authorisation is given by a police officer of or

above a particular rank, the authorisation may be given by a member
of the Commission’s staff of or above a specified grade.”

123 Provision of information to IPCC

After paragraph 19 of Schedule 3 to the Police Reform Act 2002 there is
5inserted—

“Investigations by the Commission: power to serve information notice

19ZA (1) The Commission may serve upon any person an information notice
requiring the person to provide it with information that it reasonably
requires for the purposes of an investigation in accordance with
10paragraph 19.

(2) But an information notice must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the
meaning of the Police and Criminal Evidence Act 1984 (see
15section 10 of that Act);

(c) to make a disclosure that would be prohibited by Part 1 of the
Regulation of Investigatory Powers Act 2000;

(d) to provide information that was provided to the person by, or
by an agency of, the Government of a country or territory
20outside the United Kingdom where that Government does
not consent to the disclosure of the information.

(3) Neither must an information notice require a postal or
telecommunications operator (within the meaning of Chapter 2 of
Part 1 of the Regulation of Investigatory Powers Act 2000) to provide
25communications data (within the meaning of that Chapter).

(4) An information notice must—

(a) specify or describe the information that is required by the
Commission and the form in which it must be provided;

(b) specify the period within which the information must be
30provided;

(c) give details of the right of appeal against the information
notice under paragraph 19ZC.

(5) The period specified under sub-paragraph (4)(b) must not end before
the end of the period within which an appeal can be brought against
35the notice and, if such an appeal is brought, the information need not
be provided pending the determination or withdrawal of the appeal.

(6) The Commission may cancel an information notice by written notice
to the person on whom it was served.

Failure to comply with information notice

19ZB (1) 40If a person who has received an information notice—

(a) fails or refuses to provide the information required by the
notice, or

(b) knowingly or recklessly provides information in response to
the notice that is false in a material respect,

the Commission may certify in writing to the High Court that the
person has failed to comply with the information notice.

(2) The High Court may then inquire into the matter and, after hearing
any witness who may be produced against or on behalf of the person,
5and after hearing any statement offered in defence, deal with the
person as if the person had committed a contempt of court.

Appeals against information notices

19ZC (1) A person on whom an information notice is served may appeal
against the notice to the First-tier Tribunal on the ground that the
10notice is not in accordance with the law.

(2) If the Tribunal considers that the notice is not in accordance with the
law—

(a) it must quash the notice, and

(b) it may give directions to the Commission in relation to the
15service of a further information notice.

Sensitive information: restriction on further disclosure

19ZD (1) Where the Commission receives information within sub-paragraph
(2) under an information notice, it must not disclose (whether under
section 11, 20 or 21 or otherwise) the information, or the fact that it
20has received it, unless the relevant authority consents to the
disclosure.

(2) The information is—

(a) intelligence service information,

(b) intercept information, or

(c) 25information obtained (directly or indirectly) from a
government department which, at the time it is provided to
the Commission, is identified by the department as
information the disclosure of which may, in the opinion of
the relevant authority, cause damage to—

(i) 30national security or international relations, or

(ii) the economic interests of the United Kingdom or any
part of the United Kingdom.

(3) Where the Commission discloses to another person information
within sub-paragraph (2), or the fact that it has received it, that
35person must not disclose that information or that fact unless the
relevant authority consents to the disclosure.

(4) In this paragraph—

• “government department” means a department of Her
  Majesty’s Government but does not include—

  (a)

  40the Security Service,

  (b)

  the Secret Intelligence Service, or

  (c)

  the Government Communications Headquarters
  (“GCHQ”);

• “intelligence service information” means information which
  45was obtained (directly or indirectly) from an intelligence
  service or which relates to an intelligence service;

Anti-social Behaviour, Crime and Policing BillPage 93

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  GCHQ, or

  (d)

  5any part of Her Majesty’s forces (within the meaning
  of the Armed Forces Act 2006), or of the Ministry of
  Defence, which engages in intelligence activities;

• “intercept information” means information relating to any of
  the matters mentioned in section 19(3) of the Regulation of
  10Investigatory Powers Act 2000;

• “Minister of the Crown” includes the Treasury;

• “relevant authority” means—

  (a)

  in the case of intelligence service information
  obtained from the Security Service, the Director-
  15General of the Security Service;

  (b)

  in the case of intelligence service information
  obtained from the Secret Intelligence Service, the
  Chief of the Secret Intelligence Service;

  (c)

  in the case of intelligence service information
  20received from GCHQ, the Director of GCHQ;

  (d)

  in the case of intelligence service information
  obtained from Her Majesty’s forces or the Ministry of
  Defence, the Secretary of State;

  (e)

  in the case of intercept information, the person to
  25whom the relevant interception warrant is or was
  addressed;

  (f)

  in the case of information within sub-paragraph
  (2)(c)—

  (i)

  the Secretary of State, or

  (ii)

  30the Minister of the Crown in charge of the
  government department from which the
  information was obtained (if that Minister is
  not a Secretary of State);

• “relevant interception warrant” means the interception warrant
  35issued under section 5 of the Regulation of Investigatory
  Powers Act 2000 that relates to the intercept information.”

124 Unsatisfactory performance procedures following investigation of death or
serious injury matter

(1) In paragraph 24C of Schedule 3 to the Police Reform Act 2002 (cases of death
40or serious injury where Independent Police Complaints Commission
determines that disciplinary proceedings not justified), at the end there is
inserted—

“(3) The Commission may notify the appropriate authority that it must,
in accordance with regulations under section 50 or 51 of the 1996 Act,
45determine—

(a) whether or not the performance of a person serving with the
police is unsatisfactory, and

(b) what action (if any) the authority will take in respect of any
such person’s performance.

(4) On receipt of a notification under sub-paragraph (3) the appropriate
authority shall make those determinations and submit a
memorandum to the Commission setting out the determinations the
authority has made.

(5) 5On receipt of a memorandum under sub-paragraph (4), the
Commission shall—

(a) consider the memorandum and whether the appropriate
authority has made the determinations under sub-paragraph
(4) that the Commission considers appropriate;

(b) 10determine whether or not to make recommendations under
paragraph 27;

(c) make such recommendations (if any) under that paragraph
as it thinks fit.”

(2) Paragraph 27 of that Schedule (duties with respect to disciplinary proceedings)
15is amended as follows.

(3) In sub-paragraph (1), at the end there is inserted “; or

“(c) has submitted, or is required to submit, a memorandum to
the Commission under paragraph 24C(4).”

(4) After sub-paragraph (3) there is inserted—

“(3A) 20Where this paragraph applies by virtue of sub-paragraph (1)(c), the
Commission may make a recommendation to the appropriate
authority—

(a) that the performance of a person serving with the police is, or
is not, satisfactory;

(b) 25that action of the form specified in the recommendation is
taken in respect of the person’s performance;

and it shall be the duty of the appropriate authority to notify the
Commission whether it accepts the recommendation and (if it does)
to set out in the notification the steps that it is proposing to take to
30give effect to it.”

125 Recommendations by IPCC and requirement to respond

After paragraph 28 of Schedule 3 to the Police Reform Act 2002 there is
inserted—

“Recommendations by the Commission

28A (1) 35This paragraph applies where the Commission has received a report
under—

(a) paragraph 22(3) (report on completion of investigation of
complaint or conduct matter supervised or managed by
Commission),

(b) 40paragraph 22(5) (report on completion of investigation of
complaint or conduct matter by Commission itself ), or

(c) paragraph 24A(2) (report on completion of investigation of
DSI matter that is not also conduct matter).

(2) This paragraph also applies where the Commission has made a
45determination on an appeal under—

(a) paragraph 8A (appeal relating to complaint dealt with other
than by investigation), or

(b) paragraph 25 (appeal with respect to an investigation).

(3) The Commission may make a recommendation in relation to a
5matter dealt with in the report or appeal.

(4) A recommendation under this paragraph may be made to any
person if it is made—

(a) following the receipt of a report relating to—

(i) a DSI matter,

(ii) 10a conduct matter of a type specified in regulations, or

(iii) a complaint of a type specified in regulations; or

(b) following a determination on an appeal relating to a
complaint of a type specified in regulations.

(5) In any other case, a recommendation under this paragraph may be
15made only to—

(a) a person serving with the police, or

(b) a local policing body.

(6) Where the Commission makes a recommendation under this
paragraph, it must also—

(a) 20publish the recommendation, and

(b) send a copy of it—

(i) in a case where the recommendation is made to a local
policing body, to the chief officer of the police force
maintained by that body;

(ii) 25in a case where the recommendation is made to a
chief officer of a police force, to the local policing
body that maintains the police force;

(iii) in a case where the recommendation is made to a
contractor (within the meaning of section 12(10)), to
30the chief officer of a police force to whom the
contractor is providing services, and the local policing
body that maintains the police force;

(iv) in a case where the recommendation is made to a sub-
contractor or an employee of a contractor, to the
35contractor and the persons to whom a copy must be
sent under paragraph (iii);

(v) in a case where the recommendation is made to an
employee of a sub-contractor, to the sub-contractor,
the contractor and the persons to whom a copy must
40be sent under sub-paragraph (iii);

(vi) in any other case, to any person to whom the
Commission thinks a copy should be sent.

(7) Nothing in this paragraph affects the power of the Commission to
make recommendations or give advice under section 10(1)(e)
45(whether arising under this Schedule or otherwise).

Response to recommendation

28B (1) A person to whom a recommendation under paragraph 28A is made
must provide to the Commission a response in writing stating—

(a) what action the person has taken or proposes to take in
5response to the recommendation, or

(b) why the person has not taken, or does not propose to take,
any action in response.

(2) The person must provide the response to the Commission before the
end of the period of 56 days beginning with the day on which the
10recommendation was made, unless sub-paragraph (3) applies.

(3) The Commission may extend the period of 56 days following an
application received before the end of the period; and if the
Commission grants an extension, the person must provide the
response before the end of the extended period.

(4) 15But if proceedings for judicial review of the Commission’s decision
to make a recommendation are started during the period allowed by
sub-paragraph (2) or (3), that period is extended by however many
days the proceedings are in progress.

(5) On receiving a response, the Commission must, within the period of
2021 days beginning with the day on which the Commission received
it—

(a) publish the response, and

(b) send a copy of it to any person who was sent a copy of the
recommendation under paragraph 28A(6)(b),

25unless the person giving the response has made representations
under sub-paragraph (6).

(6) The person giving the response may, at the time of providing it to the
Commission, make representations to the Commission asserting that
the requirements of publication and disclosure under sub-paragraph
30(5) should not apply to the response, or to particular parts of it.

(7) On receiving such representations, the Commission may decide—

(a) that the response should not be published, or that only parts
of it should be published;

(b) that the response should not be disclosed, or that only parts
35of the response should be disclosed.

(8) Where, following a decision on representations, the Commission
decides to publish or disclose a response (in whole or in part), it must
do so only after the person giving the response has been informed of
the Commission’s decision, and—

(a) 40in a case where the Commission has decided to accept all of
the representations, it must do so within the period of 21 days
beginning with the day on which it received the response;

(b) in a case where the Commission has decided to reject any of
the representations, it must do so—

(i) 45within the period of 21 days beginning with the day
on which the person was informed of the
Commission’s decision on the representations, but

(ii) not before the end of the period of 7 days beginning
with that day.

(9) But if proceedings for judicial review of the Commission’s decision
to reject a representation are started during the period of 7 days
5referred to in sub-paragraph (8)(b)(ii)—

(a) the Commission must not publish or disclose the response
while the proceedings are in progress;

(b) if the court upholds the Commission’s decision to reject a
representation, the Commission must publish and disclose
10the response (in whole or in part, as appropriate) before the
end of the period of 7 days beginning with the day on which
the proceedings are no longer in progress.

(10) Where a local policing body or a chief officer makes a response under
this paragraph, the body or officer must, at the time the Commission
15publishes the response, also publish the response (to the same extent
as published by the Commission) and the recommendation under
paragraph 28A.

(11) For the purposes of this paragraph—

(a) “disclosing” a response means sending a copy of it as
20mentioned in sub-paragraph (5)(b);

(b) the period during which judicial review proceedings are in
progress includes any day on which an appeal is in progress
or may be brought.”

Chief officers of police and local policing bodies

126 25Appointment of chief officers of police

(1) Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act
2011 (appointment of chief constables) is amended as follows.

(2) In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the
United Kingdom” there is substituted “is eligible for appointment”.

(3) 30After sub-paragraph (1) there is inserted—

“(1A) A person is eligible for appointment if the person is or has been—

(a) a constable in any part of the United Kingdom, or

(b) a police officer in an approved overseas police force, of at
least the approved rank.

(1B) 35An “approved overseas police force” is a police force which—

(a) is in a country or territory outside the United Kingdom
designated by the College of Policing, and

(b) is designated in relation to that country or territory by the
College of Policing.

(1C) 40The “approved rank” for an approved overseas police force is the
rank which is designated as the approved rank for that police force
by the College of Policing.

(1D) The College of Policing must make designations under sub-
paragraphs (1B) and (1C), but must not do so without the approval
of the Secretary of State.”

(4) Section 42 of that Act (appointment of Commissioner of Police of the
5Metropolis) is amended as follows.

(5) In subsection (3), for “is, or has been, a constable in any part of the United
Kingdom” there is substituted “is eligible for appointment”.

(6) After subsection (3) there is inserted—

“(3A) A person is eligible for appointment if the person is or has been—

(a) 10a constable in any part of the United Kingdom, or

(b) a police officer in an approved overseas police force, of at least
the approved rank.

(3B) An “approved overseas police force” is a police force which—

(a) is in a country or territory outside the United Kingdom
15designated by the College of Policing, and

(b) is designated in relation to that country or territory by the
College of Policing.

(3C) The “approved rank” for an approved overseas police force is the rank
which is designated as the approved rank for that police force by the
20College of Policing.

(3D) The College of Policing must make designations under subsections (3B)
and (3C), but must not do so without the approval of the Secretary of
State.”

127 Financial arrangements etc for chief officers of police

(1) 25In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief
constables), after paragraph 7 there is inserted—

“Financial arrangements etc

7A (1) A chief constable may, by way of temporary loan or overdraft from
a bank or otherwise, borrow sums temporarily required by the chief
30constable, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the chief constable in respect of the
period of account in which the expenses are chargeable,

(b) in sterling, and

(c) 35with the consent of the relevant police and crime
commissioner.

(2) A chief constable—

(a) may not borrow money except as permitted by sub-
paragraph (1);

(b) 40may not enter into a credit arrangement.

(3) A chief constable may invest—

(a) for any purpose relevant to the chief constable’s functions
under any enactment, or

(b) for the purpose of the prudent management of the chief
constable’s financial affairs,

but only with the consent of the relevant police and crime
commissioner.

(4) 5The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts) apply in relation to a chief
constable as they apply in relation to a local authority—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) 10sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) 15section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) 20sections 21 and 22 (accounts);

(l) section 24(1) and (2)(b) (application to Wales).

(5) Regulations made by the Secretary of State under any of the
provisions listed in sub-paragraph (4) apply in relation to the chief
constable of a police force in England as they apply in relation to a
25local authority in England.

(6) Regulations made by the Welsh Ministers under any of those
provisions apply in relation to the chief constable of a police force in
Wales as they apply in relation to a local authority in Wales.

(7) Any of those provisions, or regulations made under them, that apply
30for the purposes of Chapter 1 of Part 1 of the Local Government Act
2003 apply also (so far as relevant) for the purposes of sub-
paragraphs (1) to (3).

(8) An order under section 217 or 218 of the Local Government and
Public Involvement in Health Act 2007, as it has effect for the
35purposes of section 18(2)(b) of the Local Government Act 2003 as
applied by sub-paragraph (4)(i), applies—

(a) with the substitution of a reference to a chief constable for a
reference to a local authority, and

(b) with any other necessary modifications.”

(2) 40In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after
paragraph 4 there is inserted—

“Financial arrangements etc

4A (1) The Commissioner of Police of the Metropolis may, by way of
temporary loan or overdraft from a bank or otherwise, borrow sums
45temporarily required by the Commissioner, but only—