Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

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 101

  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.”

136 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.”

137 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

138 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).”

139 40Financial arrangements etc for chief officers of police

(1) In 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
5constable, 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) 10with 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) 15may 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
20constable’s financial affairs,

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

(4) The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts) apply in relation to a chief
25constable as they apply in relation to a local authority—

(a) section 6 (protection of lenders);

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

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

(d) 30section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

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

(h) section 17 (external funds);

(i) 35section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) sections 21 and 22 (accounts);

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

(5) 40Regulations 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
local authority in England.

(6) Regulations made by the Welsh Ministers under any of those
45provisions 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
for 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) 5An order under section 217 or 218 of the Local Government and
Public Involvement in Health Act 2007, as it has effect for the
purposes 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
10reference to a local authority, and

(b) with any other necessary modifications.”

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

“Financial arrangements etc

4A (1) 15The Commissioner of Police of the Metropolis may, by way of
temporary loan or overdraft from a bank or otherwise, borrow sums
temporarily required by the Commissioner, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the Commissioner in respect of the
20period of account in which the expenses are chargeable,

(b) in sterling, and

(c) with the consent of the Mayor’s Office for Policing and
Crime.

(2) The Commissioner of Police of the Metropolis—

(a) 25may not borrow money except as permitted by sub-
paragraph (1);

(b) may not enter into a credit arrangement.

(3) The Commissioner of Police of the Metropolis may invest—

(a) for any purpose relevant to the Commissioner’s functions
30under any enactment, or

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

but only with the consent of the Mayor’s Office for Policing and
Crime.

(4) 35The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts), and any regulations made under
them by the Secretary of State, apply in relation to the Commissioner
of Police of the Metropolis as they apply in relation to a local
authority in England—

(a) 40section 6 (protection of lenders);

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

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

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

(e) 45section 14 (information);

(f) section 15 (guidance);

(g) section 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) 5sections 21 and 22 (accounts).

(5) Any of those provisions, or regulations made under them by the
Secretary of State, that apply for 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).

(6) 10An order under section 217 of the Local Government and Public
Involvement in Health Act 2007, as it has effect for the purposes 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 the Commissioner of
15Police of the Metropolis for a reference to a local authority,
and

(b) with any other necessary modifications.”

140 Grants to local policing bodies

(1) In section 46 of the Police Act 1996 (police grant), in subsection (1), for the
20words from “for each financial year” to the end of paragraph (b) there is
substituted “for each financial year—

“(a) make grants to police and crime commissioners for the
purposes of their functions,

(b) make grants to the Common Council for the purposes of its
25functions as police authority, and

(c) make grants to the Greater London Authority for the purposes
of the functions of the Mayor’s Office for Policing and Crime;”.

(2) The words “for police purposes” are omitted—

(a) in subsection (1) of section 47 of the Police Act 1996 (grants for capital
30expenditure);

(b) in subsection (2) of section 92 of that Act (grants by local authorities).

141 Powers of local policing bodies to provide or commission services

(1) A local policing body may provide or arrange for the provision of—

(a) services that in the opinion of the local policing body will secure, or
35contribute to securing, crime and disorder reduction in the body’s area;

(b) services that are intended by the local policing body to help victims or
witnesses of, or other persons affected by, offences and anti-social
behaviour;

(c) services of a description specified in an order made by the Secretary of
40State.

(2) An order under subsection (1)(c) may make different provision for different
areas.

(3) A local policing body arranging for the provision of services under this section
may make grants in connection with the arrangements.

A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

A grant may be subject to any conditions (including conditions as to
5repayment) that the local policing body thinks appropriate.

(4) In this section—

• “anti-social behaviour” means behaviour by a person that causes or is
  likely to cause harassment, alarm or distress to one or more other
  persons not of the same household as that person;

• 10“crime and disorder reduction” means reduction in levels of—

  (a)

  crime and disorder (including anti-social behaviour and other
  behaviour adversely affecting the local environment),

  (b)

  the misuse of drugs, alcohol and other substances, and

  (c)

  re-offending.

15Personal samples and DNA profiles

142 Power to take further fingerprints or non-intimate samples

(1) In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—

(a) in subsections (5A) and (5B), for the words after “investigation” in
paragraph (b) there is substituted “but

“(i) 20subsection (3A)(a) or (b) above applies, or

(ii) subsection (5C) below applies.”;

(b) after subsection (5B) there is inserted—

“(5C) This subsection applies where—

(a) the investigation was discontinued but subsequently
25resumed, and

(b) before the resumption of the investigation the
fingerprints were destroyed pursuant to section 63D(3)
below.”

(2) In section 63 of that Act (non-intimate samples)—

(a) 30at the end of subsection (3ZA)(b) there is inserted “, or

“(iii) subsection (3AA) below applies.”;

(b) in subsection (3A)(b), for “insufficient; or” there is substituted
“insufficient, or

“(iii) subsection (3AA) below applies; or”;

(c) 35after subsection (3A) there is inserted—

“(3AA) This subsection applies where the investigation was
discontinued but subsequently resumed, and before the
resumption of the investigation—

(a) any DNA profile derived from the sample was
40destroyed pursuant to section 63D(3) below, and

(b) the sample itself was destroyed pursuant to section
63R(4), (5) or (12) below.”

143 Power to retain fingerprints or DNA profile in connection with different
offence

(1) 45For section 63P of the Police and Criminal Evidence Act 1984 (section 63D