Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

(a) practises any form of deception with the intention of causing another
person to leave the United Kingdom, and

(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
5under that subsection if the victim were in England or Wales.

(3) “Marriage” means any religious or civil ceremony of marriage (whether or not
legally 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
10another person.

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

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

(b) neither the person nor the victim is in England or Wales but at least one
15of them is habitually resident in England and Wales, or

(c) neither the person nor the victim is in the United Kingdom but at least
one 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
20(Overseas) or a British Overseas citizen;

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

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

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

(a) 25on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding
7 years.

(8) In relation to an offence committed before the commencement of section 154(1)
30of the Criminal Justice Act 2003, the reference to 12 months in subsection (7)(a)
is to be read as a reference to six months.

110 Offence of forced marriage: Scotland

(1) A person commits an offence under the law of Scotland if he or she—

(a) uses violence, threats or any other form of coercion for the purpose of
35causing another person to enter into a marriage, and

(b) believes, or ought reasonably to believe, that the conduct may cause the
other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of Scotland if he or she—

(a) practises any form of deception with the intention of causing another
40person to leave the United Kingdom, and

(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
45legally 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
5the 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
10one 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;
15or

(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) 20on 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

111 25Regulations 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
30(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) 35it 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) 40In section 51 of that Act (regulations for special constables), after subsection (2)
there is inserted—

“(2ZA) If 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) periods of service on probation, or

(d) 5maintenance 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) making regulations in terms of the draft would impair the
10efficiency 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) The Secretary of State may not make regulations with respect to the
15matters 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) If the College of Policing, having consulted the National Crime
20Agency, 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) doing so would impair the efficiency or effectiveness of
25the 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
section unless the text of the regulations has been prepared or
30approved by the College of Policing.”;

(b) subsections (2), (3), (4), (6), (7) and (10) are repealed;

(c) in subsection (9), for “the first regulations to be made” there is
substituted “regulations”.

(4) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
35subsection (3)(a), before “with respect to” there is inserted “to which section
50(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) 40If the College of Policing 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) doing so would impair the efficiency or effectiveness of
45the 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
section unless the text of the regulations has been prepared or
approved by the College of Policing.”;

(b) subsection (4) is repealed.

112 5Codes 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) The College of Policing may, with the approval of the Secretary of State,
10issue 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) it is necessary to do so in order to facilitate the carrying out by
15members 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
College of Policing may, with the approval of the Secretary of State,”.

(4) 20For 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”.

113 Guidance by the College about employment of civilian staff

25After 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) In this section “relevant civilian staff” means individuals, other than
30constables, 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
police, in pursuance of contractual arrangements but without
35being 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) 40the 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) The College shall publish any guidance issued under this section and
any revision of it.

(5) 5In 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.”

114 Power to give directions to the College

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

“40C 10Power 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
College by this Act or any other enactment.

(2) The College of Policing shall carry out such other duties for the purpose
15of furthering the efficiency, effectiveness or integrity of the police as the
Secretary of State may from time to time direct.”

115 Charging of fees by the College

After section 95 of the Police Act 1996 there is inserted—

“95A Charging of fees by College of Policing

(1) 20The College of Policing may charge fees for providing services of a
public nature only if—

(a) the services are of a specified description and are provided with
a view to promoting the efficiency, effectiveness or
professionalism of the police, and

(b) 25the fees are of a specified amount or are determined in a
specified manner.

(2) In this section “specified” means specified in an order made by the
Secretary of State.

(3) A statutory instrument containing an order under this section shall be
30subject to annulment in pursuance of a resolution of either House of
Parliament.”

116 Appointment of senior police officers as staff of the College

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

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

(1) 35This section applies where a person who—

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

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

40is 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) On appointment—

(a) a person within subsection (1)(a) holds that office with the same
5rank 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
whatever rank, above that of chief superintendent, the College
decides.”

117 10Disclosure of information to the College

After section 100A of the Police Act 1996 (inserted by section 116 above) there
is inserted—

“100B Disclosure of information to College of Policing

A person who, apart from this section, would not have power to
15disclose 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.”

118 The College and the IPCC

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), before
20section 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
agreement for the establishment, in relation to members of the
25College’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
Secretary of State; and

(b) 30must 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
the Commission to bring and conduct, or otherwise participate or
35intervene 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
England and Wales by any member of the College’s staff.”

Review bodies for police remuneration etc

119 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
5United 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
10of the abolition of the Board, the payments are not needed.

120 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 15The 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,
20one 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) 25change 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
30Parliament.

(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
35any 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
40and 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) 5the 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) 10hours 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
15below the rank of chief superintendent, police trainees appointed
under section 39 of the Police (Northern Ireland) Act 2000 or police
cadets 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) 20When referring a matter to the Police Remuneration Review Body, the
Secretary of State or Department of Justice may give directions to that
body about—

(a) the time within which it must report;

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

(c) 25the evidence that it must obtain;

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

(6) The 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
30to do so by a direction under subsection (5)).

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

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

(3) An order under section 170(7) may include provision requiring the first
35members of the Police Remuneration Review Body to be, or to include, persons
of a particular description.

121 Consultation 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) 40This section applies where the Secretary of State is proposing to make
regulations under section 50 or 52 on a matter 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
and accoutrements.

(2) In the case of regulations under section 50 concerning members of
police forces of or below the rank of chief superintendent, or
5regulations 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
section 64B(1), and

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

(3) 10In 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) 15where subsection (4) applies, refer the matter to the Police
Remuneration Review Body under section 64B(1) and consider
that body’s report on the matter.

(4) This subsection applies where—

(a) the regulations would affect members of police forces who are
20not above the rank of chief superintendent as well as those who
are, and

(b) the 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
25refer the matter to the Police Remuneration Review Body does not
apply if the Secretary of State 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
30proposed regulations.

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

(a) 35the persons and bodies who between them maintain police
forces;

(b) chief officers of police;

(c) members of police forces;

(d) police cadets appointed under section 28.

(7) 40The 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
specified 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
45Parliament.”

(2) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
subsection (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
5Kingdom” 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) 10as 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
15regards 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) In section 52 of the Police Act 1996 (regulations for police cadets), at the end
there is inserted—

“(3) 20Before 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
Ireland Policing Board and the Police Association for Northern
Ireland.”

(5) 25In 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) consult with the Police Advisory Board for England and
Wales before exercising the power as regards England and
30Wales;

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

(c) consult with the Northern Ireland Policing Board and the
Police Association for Northern Ireland before exercising the
35power as regards Northern Ireland.”

122 Consultation about regulations: Northern Ireland

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

(a) in subsection (8), the words “, other than regulations made by virtue of
40subsection (2)(j), (k) or (l)” are omitted;

(b) after that subsection there is inserted—

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

(a) regulations made by virtue of subsection (2)(k), as to
which the Department of Justice shall invite the views of
45the Police Advisory Board for England and Wales, or