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

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

(2) After that section there is inserted—

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

(1) 5This 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) In the case of regulations concerning officers of or below the rank of
chief superintendent, before making the regulations the Department of
10Justice 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) consider that body’s report on the matter.

(3) In the case of regulations concerning officers above the rank of chief
15superintendent, before making the regulations the Department of
Justice 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
20Remuneration 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) the regulations would affect officers who are not above the rank
of chief superintendent as well as those who are, and

(b) 25the 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
refer the matter to the Police Remuneration Review Body does not
apply if Department of Justice considers that—

(a) 30there 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 Department of Justice
35shall supply a draft of them to, and consider any representations made
by—

(a) the Board,

(b) the Police Association, and

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

(7) 40The 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) In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and
police reserve trainees)—

(a) 45at the end of subsection (6) there is inserted “, other than regulations to
which subsection (8) applies”;

(b) after that subsection there is inserted—

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

(a) hours of duty,

(b) 5leave,

(c) pay and allowances, or

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

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

(a) 10(subject to subsection (9)) 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, and

(b) supply a draft of the regulations to, and consider any
15representations made by—

(i) the Board,

(ii) the Police Association, and

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

(9) 20The 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) 25it is unnecessary to do so by reason of the nature of the
proposed regulations.”

Independent Police Complaints Commission

123 Application of IPCC provisions to contractors

In section 12 of the Police Reform Act 2002 (complaints, matters and persons to
30which 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) 35an 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) 40In 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.”

124 Application to IPCC of provisions about investigation of offences

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

(2) 5In 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
offences conducted by police officers as may be specified in
the order, and

(b) 10such provisions of a code of practice under section 60, 60A or
66 of that Act as may be so specified,

shall apply”.

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

“(6A) An order under sub-paragraph (6) may, in particular, provide that
15where 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.”

125 Provision of information to IPCC

20After paragraph 19 of Schedule 3 to the Police Reform Act 2002 there is
inserted—

“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
25requires for the purposes of an investigation in accordance with
paragraph 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
30meaning of the Police and Criminal Evidence Act 1984 (see
section 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
35by an agency of, the Government of a country or territory
outside 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
40Part 1 of the Regulation of Investigatory Powers Act 2000) to provide
communications 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
provided;

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

(5) 5The period specified under sub-paragraph (4)(b) must not end before
the end of the period within which an appeal can be brought against
the 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
10to the person on whom it was served.

Failure to comply with information notice

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

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

(b) 15knowingly 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
20any witness who may be produced against or on behalf of the person,
and 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
25against the notice to the First-tier Tribunal on the ground that the
notice 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) 30it may give directions to the Commission in relation to the
service 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
35section 11, 20 or 21 or otherwise) the information, or the fact that it
has received it, unless the relevant authority consents to the
disclosure.

(2) The information is—

(a) intelligence service information,

(b) 40intercept information, or

(c) information 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) national security or international relations, or

(ii) the economic interests of the United Kingdom or any
5part 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
person must not disclose that information or that fact unless the
relevant authority consents to the disclosure.

(4) 10In this paragraph—

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

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service, or

  (c)

  15the Government Communications Headquarters
  (“GCHQ”);

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

• 20“intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  GCHQ, or

  (d)

  any part of Her Majesty’s forces (within the meaning
  25of 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
  Investigatory Powers Act 2000;

• 30“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-
  General of the Security Service;

  (b)

  35in 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
  received from GCHQ, the Director of GCHQ;

  (d)

  40in 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
  whom the relevant interception warrant is or was
  45addressed;

  (f)

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

  (i)

  the Secretary of State, or

  (ii)

  the Minister of the Crown in charge of the
  50government department from which the

  Anti-social Behaviour, Crime and Policing BillPage 95

  information was obtained (if that Minister is
  not a Secretary of State);

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

126 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
or serious injury where Independent Police Complaints Commission
10determines 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,
determine—

(a) 15whether 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
20authority shall make those determinations and submit a
memorandum to the Commission setting out the determinations the
authority has made.

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

(a) 25consider the memorandum and whether the appropriate
authority has made the determinations under sub-paragraph
(4) that the Commission considers appropriate;

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

(c) 30make such recommendations (if any) under that paragraph
as it thinks fit.”

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

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

“(c) 35has submitted, or is required to submit, a memorandum to
the Commission under paragraph 24C(4).”

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

“(3A) Where this paragraph applies by virtue of sub-paragraph (1)(c), the
Commission may make a recommendation to the appropriate
40authority—

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

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

45and 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
give effect to it.”

127 Recommendations by IPCC and requirement to respond

After paragraph 28 of Schedule 3 to the Police Reform Act 2002 there is
5inserted—

“Recommendations by the Commission

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

(a) paragraph 22(3) (report on completion of investigation of
10complaint or conduct matter supervised or managed by
Commission),

(b) paragraph 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
15DSI matter that is not also conduct matter).

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

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

(b) 20paragraph 25 (appeal with respect to an investigation).

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

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

(a) 25following the receipt of a report relating to—

(i) a DSI matter,

(ii) a 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
30complaint of a type specified in regulations.

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

(a) a person serving with the police, or

(b) a local policing body.

(6) 35Where the Commission makes a recommendation under this
paragraph, it must also—

(a) publish the recommendation, and

(b) send a copy of it—

(i) in a case where the recommendation is made to a local
40policing body, to the chief officer of the police force
maintained by that body;

(ii) in 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
the chief officer of a police force to whom the
contractor is providing services, and the local policing
5body 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
contractor and the persons to whom a copy must be
sent under paragraph (iii);

(v) 10in 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
be sent under sub-paragraph (iii);

(vi) in any other case, to any person to whom the
15Commission 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)
(whether arising under this Schedule or otherwise).

Response to recommendation

28B (1) 20A 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
response to the recommendation, or

(b) why the person has not taken, or does not propose to take,
25any 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
recommendation was made, unless sub-paragraph (3) applies.

(3) The Commission may extend the period of 56 days following an
30application 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) But if proceedings for judicial review of the Commission’s decision
to make a recommendation are started during the period allowed by
35sub-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
21 days beginning with the day on which the Commission received
it—

(a) 40publish 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),

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

(6) 45The 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
(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
5of 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) 10in 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) 15within 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) 20But if proceedings for judicial review of the Commission’s decision
to reject a representation are started during the period of 7 days
referred to in sub-paragraph (8)(b)(ii)—

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

(b) 25if the court upholds the Commission’s decision to reject a
representation, the Commission must publish and disclose
the 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) 30Where a local policing body or a chief officer makes a response under
this paragraph, the body or officer must, at the time the Commission
publishes the response, also publish the response (to the same extent
as published by the Commission) and the recommendation under
paragraph 28A.

(11) 35For the purposes of this paragraph—

(a) “disclosing” a response means sending a copy of it as
mentioned 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
40or may be brought.”

Chief officers of police and local policing bodies

128 Appointment 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) 45In 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) After 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
5least the approved rank.

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

(a) is in a country or territory outside the United Kingdom
designated by regulations made by the Secretary of State, and

(b) is designated in relation to that country or territory by the
10regulations.

(1C) 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 regulations.

(1D) The College of Policing must recommend to the Secretary of State
15matters to be designated under this paragraph.

(1E) The Secretary of State may make regulations under this paragraph
only if they give effect to a recommendation under sub-paragraph
(1D).”

(4) Section 42 of that Act (appointment of Commissioner of Police of the
20Metropolis) 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) 25a 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
30designated by regulations made by the Secretary of State, and

(b) is designated in relation to that country or territory by the
regulations.

(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
35regulations.

(3D) The College of Policing must recommend to the Secretary of State
matters to be designated under this section.

(3E) The Secretary of State may make regulations under this section only if
they give effect to a recommendation under subsection (3D).”

129 40Financial arrangements etc for chief officers of police

(1) In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief