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

(b) intends the other person to be subjected to conduct outside the United
Kingdom that is an offence under subsection (1) or would be an offence
under that subsection if the victim were in Scotland.

(3) “Marriage” means any religious or civil ceremony of marriage (whether or not
5legally binding).

(4) It is irrelevant whether the conduct mentioned in paragraph (a) of
subsection (1) is directed at the victim of the offence under that subsection or
another person.

(5) A person commits an offence under subsection (1) or (2) only if, at the time of
10the coercion or deception—

(a) the person or the victim or both of them are in Scotland,

(b) neither the person nor the victim is in Scotland but at least one of them
is habitually resident in Scotland, or

(c) neither the person nor the victim is in the United Kingdom but at least
15one of them is a UK national.

(6) “UK national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject;
20or

(c) a British protected person within the meaning of that Act.

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or both;

(b) 25on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine or both.

Part 11 Policing etc

College of Policing

110 30Regulations to be prepared or approved by the College

(1) In section 50 of the Police Act 1996 (regulations for police forces), after
subsection (2) there is inserted—

“(2ZA) If the College of Policing submits to the Secretary of State draft
regulations with respect to any of the matters mentioned in subsection
35(2)(a), (b), (c) or (g), the Secretary of State shall make regulations in
terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the
police, or

(b) it would be unlawful to do so, or

(c) 40it would for some other reason be wrong to do so.

(2ZB) The Secretary of State may not make regulations with respect to any of
the matters mentioned in subsection (2)(a), (b), (c) or (g) unless the text

of the regulations has been prepared or approved by the College of
Policing.”

(2) In section 51 of that Act (regulations for special constables), after subsection (2)
there is inserted—

“(2ZA) 5If the College of Policing submits to the Secretary of State draft
regulations with respect to—

(a) the ranks to be held by special constables,

(b) the qualifications for appointment and promotion of special
constables,

(c) 10periods of service on probation, or

(d) maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZB) The duty in subsection (2ZA) does not apply if the Secretary of State
considers that—

(a) 15making regulations in terms of the draft would impair the
efficiency or effectiveness of the police, or

(b) it would be unlawful to make regulations in those terms, or

(c) it would for some other reason be wrong to make regulations in
those terms.

(2ZC) 20The Secretary of State may not make regulations with respect to the
matters mentioned in subsection (2ZA) unless the text of the
regulations has been prepared or approved by the College of Policing.”

(3) In section 53A of that Act (regulation of procedures and practices)—

(a) after subsection (1) there is inserted—

“(1A) 25If the College of Policing, having consulted the National Crime
Agency, submits to the Secretary of State a draft of regulations
under this section, the Secretary of State shall make regulations
in terms of the draft unless the Secretary of State considers
that—

(a) 30doing so would impair the efficiency or effectiveness of
the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this
35section unless the text of the regulations has been prepared or
approved by the College of Policing.”;

(b) subsections (2), (3), (4), (6) and (7) are repealed.

(4) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
subsection (3)(a), before “with respect to” there is inserted “to which section
4050(2ZB) applies or regulations”.

(5) In section 97 of the Criminal Justice and Police Act 2001 (regulations about
police training etc)—

(a) after subsection (1) there is inserted—

“(1A) If the College of Policing submits to the Secretary of State a draft
45of regulations under this section, the Secretary of State shall

make regulations in terms of the draft unless the Secretary of
State considers that—

(a) doing so would impair the efficiency or effectiveness of
the police, or

(b) 5it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this
section unless the text of the regulations has been prepared or
approved by the College of Policing.”;

(b) 10subsection (4) is repealed.

111 Codes of practice issued by the College

(1) Section 39A of the Police Act 1996 (codes of practice for chief officers) is
amended as follows.

(2) For subsection (1) there is substituted—

“(1) 15The College of Policing may, with the approval of the Secretary of State,
issue codes of practice relating to the discharge of their functions by
chief officers of police if the College considers that—

(a) it is necessary to do so in order to promote the efficiency and
effectiveness of police forces generally,

(b) 20it is necessary to do so in order to facilitate the carrying out by
members of any two or more police forces of joint or co-
ordinated operations, or

(c) it is for any other reason in the national interest to do so.”

(3) In subsection (2), for “The Secretary of State may” there is substituted “The
25College of Policing may, with the approval of the Secretary of State,”.

(4) For subsection (4) there is substituted—

“(4) The College of Policing shall consult with the National Crime Agency
before issuing or revising a code of practice under this section.”

(5) In subsection (5), for “him” there is substituted “the College of Policing”.

112 30Guidance by the College about employment of civilian staff

After section 53D of the Police Act 1996 there is inserted—

“Civilian staff

53E Guidance about civilian staff employed by local policing bodies and
chief officers

(1) 35In this section “relevant civilian staff” means individuals, other than
constables, who—

(a) are employed by a local policing body or a chief officer of police,
or

(b) provide services to a local policing body or a chief officer of
40police, in pursuance of contractual arrangements but without
being employed by the body or officer, and can be expected to

have frequent contact with members of the public in the course
of doing so.

(2) The College of Policing may issue guidance to local policing bodies and
chief officers of police with regard to—

(a) 5the experience or qualifications to be expected of relevant
civilian staff;

(b) the training to be undertaken by such staff.

(3) The College may from time to time revise the whole or any part of any
guidance issued under this section.

(4) 10The College shall publish any guidance issued under this section and
any revision of it.

(5) In discharging any function to which guidance under this section
relates, a local policing body or chief officer of police shall have regard
to the guidance.”

113 15Power to give directions to the College

After section 40B of the Police Act 1996 there is inserted—

“40C Power to give directions to College of Policing

(1) The Secretary of State may give a direction to the College of Policing
requiring it to exercise any particular function that is conferred on the
20College by this Act or any other enactment.

(2) The College of Policing shall carry out such other duties for the purpose
of furthering the efficiency, effectiveness or integrity of the police as the
Secretary of State may from time to time direct.”

114 Appointment of senior police officers as staff of the College

25After section 100 of the Police Act 1996 there is inserted—

“100A Appointment of senior police officers as staff of College of Policing

(1) This section applies where a person who—

(a) holds the office of constable with a rank above that of chief
superintendent, or

(b) 30hold that office and is eligible to be appointed to a rank above
that of chief superintendent,

is appointed as a member of the staff of the College of Policing.

(2) The person continues to hold the office of constable while a member of
the staff of the College.

(3) 35On appointment—

(a) a person within subsection (1)(a) holds that office with the same
rank that the person held immediately before appointment, or
with whatever higher rank the College decides;

(b) a person within subsection (1)(b) holds that office with
40whatever rank, above that of chief superintendent, the College
decides.”

115 Disclosure of information to the College

After section 100A of the Police Act 1996 (inserted by section 114 above) there
is inserted—

“100B Disclosure of information to College of Policing

5A person who, apart from this section, would not have power to
disclose information to the College of Policing has power to do so
where the disclosure is made for the purposes of the exercise by the
College of any of its functions.”

116 The College and the IPCC

10In Part 2 of the Police Reform Act 2002 (complaints and misconduct), before
section 26C (inserted by section 11 of the Crime and Courts Act 2013) there is
inserted—

“26BA College of Policing

(1) The Commission and the College of Policing must enter into an
15agreement for the establishment, in relation to members of the
College’s staff, of procedures corresponding or similar to those
provided for by or under this Part.

(2) An agreement under this section—

(a) must not be made or varied except with the approval of the
20Secretary of State; and

(b) must not be terminated unless—

(i) it is replaced by another such agreement, and

(ii) the Secretary of State approves.

(3) An agreement under this section may contain provision for enabling
25the Commission to bring and conduct, or otherwise participate or
intervene in, any proceedings that are identified by the agreement as
disciplinary hearings in relation to members of the College’s staff.

(4) Procedures established in accordance with an agreement under this
section shall have no effect in relation to anything done outside
30England and Wales by any member of the College’s staff.”

Review bodies for police remuneration etc

117 Abolition of Police Negotiating Board for the United Kingdom

(1) The Police Negotiating Board for the United Kingdom is abolished.

(2) Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the
35United Kingdom, and its functions with respect to regulations) are repealed.

(3) The Secretary of State may secure the reimbursement of payments made under
section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or
Department of Justice in Northern Ireland towards expenses incurred by the
Police Negotiating Board for the United Kingdom) to the extent that, by reason
40of the abolition of the Board, the payments are not needed.

118 Establishment of Police Remuneration Review Body

(1) After Part 3 of the Police Act 1996 there is inserted—

“ Part 3A The Police Remuneration Review Body

64A 5The Police Remuneration Review Body

(1) There shall be a body called the Police Remuneration Review Body.

(2) It shall consist of—

(a) a chair appointed by the Prime Minister, and

(b) five or more other members appointed by the Secretary of State,
10one of whom the Secretary of State may appoint as deputy
chair.

(3) Before making an appointment, the Prime Minister or the Secretary of
State shall consult the Department of Justice in Northern Ireland.

(4) The Secretary of State may by order—

(a) 15change the name of the body established by this section, and

(b) make consequential amendments to any provision contained in
or made under this or any other Act.

(5) A statutory instrument containing an order under subsection (4) shall
be subject to annulment in pursuance of a resolution of either House of
20Parliament.

(6) Schedule 4B shall have effect in relation to the Police Remuneration
Review Body.

64B Reports by the Police Remuneration Review Body

(1) The Police Remuneration Review Body shall consider and report on
25any matter referred to it by the Secretary of State that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of police clothing, personal equipment
30and accoutrements,

as regards members of police forces of or below the rank of chief
superintendent or police cadets appointed under section 28.

(2) A report under subsection (1) shall be submitted to—

(a) the Secretary of State, and

(b) 35the Prime Minister,

and the Secretary of State shall arrange for it to be published.

(3) The Police Remuneration Review Body shall also consider and report
on any matter referred to it by the Department of Justice in Northern
Ireland that relates to—

(a) 40hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment,

as regards members of the Police Service of Northern Ireland of or
below the rank of chief superintendent, police trainees appointed
under section 39 of the Police (Northern Ireland) Act 2000 or police
5cadets appointed under section 42 of that Act.

(4) A report under subsection (3) shall be submitted to the Department of
Justice, and that Department shall arrange for it to be published.

(5) When referring a matter to the Police Remuneration Review Body, the
Secretary of State or Department of Justice may give directions to that
10body about—

(a) the time within which it must report;

(b) considerations to which it must have particular regard;

(c) the evidence that it must obtain;

(d) matters on which it is to make recommendations.

(6) 15The Police Remuneration Review Body may include in a report under
this section any recommendations it considers appropriate arising out
of matters referred to it under this section (whether or not it is required
to do so by a direction under subsection (5)).

(7) A reference or direction under this section may be varied or revoked.”

(2) 20After Schedule 4A to that Act there is inserted the Schedule set out in Schedule
6 to this Act.

(3) An order under section 160(7) may include provision requiring the first
members of the Police Remuneration Review Body to be, or to include, persons
of a particular description.

119 25Consultation about regulations: England and Wales

(1) After section 52 of the Police Act 1996 there is inserted—

“52A Regulations about hours, leave or pay: consultation etc

(1) This section applies where the Secretary of State is proposing to make
regulations under section 50 or 52 on a matter that relates to—

(a) 30hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of police clothing, personal equipment
and accoutrements.

(2) 35In the case of regulations under section 50 concerning members of
police forces of or below the rank of chief superintendent, or
regulations under section 52, before making the regulations the
Secretary of State shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under
40section 64B(1), and

(b) consider that body’s report on the matter.

(3) In the case of regulations under section 50 concerning members of
police forces above the rank of chief superintendent, before making the
regulations the Secretary of State shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review
Body, or

(b) where subsection (4) applies, refer the matter to the Police
Remuneration Review Body under section 64B(1) and consider
5that body’s report on the matter.

(4) This subsection applies where—

(a) the regulations would affect members of police forces who are
not above the rank of chief superintendent as well as those who
are, and

(b) 10the Secretary of State thinks that it would be preferable for the
matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to
refer the matter to the Police Remuneration Review Body does not
apply if the Secretary of State considers that—

(a) 15there is not enough time to do so because the need to make the
regulations is so urgent, or

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

(6) In all cases, before making the regulations the Secretary of State shall
20supply a draft of them to, and consider any representations made by,
persons whom the Secretary of State considers to represent the interests
of—

(a) the persons and bodies who between them maintain police
forces;

(b) 25chief officers of police;

(c) members of police forces;

(d) police cadets appointed under section 28.

(7) The Secretary of State may by order amend this section in consequence
of a change in the name or functions of the body for the time being
30specified in subsection (3)(a).

(8) A statutory instrument containing an order under subsection (7) shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.”

(2) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
35subsection (3)(a), for “regulations with respect to any of the matters mentioned
in section 61(1)” there is substituted “regulations of a kind referred to in section
52A(1)”.

(3) In section 1 of the Police Pensions Act 1976 (police pensions regulations)—

(a) in subsection (1), for “the Police Negotiating Board for the United
40Kingdom” there is substituted “the appropriate advisory or negotiating
body”;

(b) after that subsection there is inserted—

“(1A) In subsection (1) above, “the appropriate advisory or
negotiating body” means—

(a) 45as regards England and Wales, the Police Advisory
Board for England and Wales;

(b) as regards Scotland, the Police Negotiating Board for
Scotland.

(1B) When carrying out consultation under subsection (1) above as
regards England and Wales, the Secretary of State shall also
invite the views of the Northern Ireland Policing Board and the
Police Association for Northern Ireland.”

(4) 5In section 52 of the Police Act 1996 (regulations for police cadets), at the end
there is inserted—

“(3) Before making regulations under this section relating to pensions the
Secretary of State shall consult with the Police Advisory Board for
England and Wales and shall also invite the views of the Northern
10Ireland Policing Board and the Police Association for Northern
Ireland.”

(5) In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension
schemes), in paragraph 3, for sub-paragraph (3) there is substituted—

“(3) The Secretary of State shall—

(a) 15consult with the Police Advisory Board for England and
Wales before exercising the power as regards England and
Wales;

(b) consult with the Police Negotiating Board for Scotland before
exercising the power as regards Scotland;

(c) 20consult with the Northern Ireland Policing Board and the
Police Association for Northern Ireland before exercising the
power as regards Northern Ireland.”

120 Consultation about regulations: Northern Ireland

(1) In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the
25Police Service of Northern Ireland)—

(a) in subsection (8), the words “, other than regulations made by virtue of
subsection (2)(j), (k) or (l)” are omitted;

(b) after that subsection there is inserted—

“(9) Subsection (8) does not apply to—

(a) 30regulations made by virtue of subsection (2)(k), as to
which the Department of Justice shall invite the views of
the Police Advisory Board for England and Wales, or

(b) regulations made by virtue of subsection (2)(j) or (l), as
to which section 25A applies.”

(2) 35After that section there is inserted—

“25A Regulations about hours, leave, pay or equipment: consultation etc

(1) This section applies where the Department of Justice is proposing to
make regulations under section 25 by virtue of subsection (2)(j) or (l) of
that section.

(2) 40In the case of regulations concerning officers of or below the rank of
chief superintendent, before making the regulations the Department of
Justice shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under
section 64B(3) of the Police Act 1996, and

(b) 45consider that body’s report on the matter.

(3) In the case of regulations concerning officers above the rank of chief
superintendent, before making the regulations the Department of
Justice shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review
5Body, or

(b) where subsection (4) applies, refer the matter to the Police
Remuneration Review Body under section 64B(3) of the Police
Act 1996 and consider that body’s report on the matter.

(4) This subsection applies where—

(a) 10the regulations would affect officers who are not above the rank
of chief superintendent as well as those who are, and

(b) the Department of Justice thinks that it would be preferable for
the matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to
15refer the matter to the Police Remuneration Review Body does not
apply if Department of Justice considers that—

(a) there is not enough time to do so because the need to make the
regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the
20proposed regulations.

(6) In all cases, before making the regulations the Department of Justice
shall supply a draft of them to, and consider any representations made
by—

(a) the Board,

(b) 25the Police Association, and

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

(7) The Department of Justice may by order amend this section in
consequence of a change in the name or functions of the body for the
time being specified in subsection (3)(a).”

(3) 30In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and
police reserve trainees)—

(a) at the end of subsection (6) there is inserted “, other than regulations to
which subsection (8) applies”;

(b) after that subsection there is inserted—

“(7) 35Subsection (8) applies to regulations under subsection (3),
concerning police trainees, on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) 40the issue, use and return of equipment.

(8) Before making any such regulations the Department of Justice
shall—

(a) (subject to subsection (9)) refer the matter to the Police
Remuneration Review Body under section 64B(3) of the
45Police Act 1996 and consider that body’s report on the
matter, and

(b) supply a draft of the regulations to, and consider any
representations made by—