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Race Relations (Amendment) Bill [H.L.] - continued        House of Commons
Public authorities - continued
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Certain appointment functions outside the employment field.     3. - (1) Section 76 of the 1976 Act (government appointments outside the employment field) is amended as follows.
 
      (2) In subsection (1) for "This section" there is substituted "Subsection (2)".
 
      (3) After subsection (2) there is added-
 
 
    "(3) Subsection (5) applies to-
 
 
    (a) any recommendation made by a Minister of the Crown or government department in relation to an appointment to an office or post where section 4 does not apply in relation to the appointment; and
 
    (b) any approval given or refused by such a Minister or department in relation to any such appointment.
      (4) Subsection (5) also applies to-
 
 
    (a) any recommendation made by a Minister of the Crown or government department in relation to the conferment by the Crown of a dignity or honour; and
 
    (b) any approval given or refused by such a Minister or department in relation to any such conferment.
      (5) In making the recommendation, or giving or refusing the approval, and in making the arrangements for determining who should be recommended or approved, the Minister of the Crown or government department shall not discriminate against another person.
 
      (6) Subsection (5) does not apply in relation to an appointment to an office or post for the purposes of a private household or where, if the holding of the office or post were employment, being of a particular racial group would be a genuine occupational qualification for the job.
 
      (7) The High Court may, on an application for judicial review, make a declaration to the effect that a Minister of the Crown or government department has contravened subsection (5) and may award damages in respect of the contravention.
 
      (8) In Scotland, the Court of Session may, in a petition for judicial review, grant declarator to the like effect and may award damages in respect of the contravention.
 
      (9) In this section-
 
 
    (a) references to the refusal of an approval include references to a deliberate omission to give an approval; and
 
    (b) references to Ministers of the Crown and government departments include references to the National Assembly for Wales and any part of the Scottish Administration."
Police: extension of liability of chief officers etc.     4. After section 76 of the 1976 Act there is inserted-
 
 

"Police
Police forces.     76A. - (1) In this section, "relevant police office" means-
 
 
    (a) the office of constable held-
 
      (i) as a member of a police force; or
 
      (ii) on appointment as a special constable for a police area; or
 
    (b) an appointment as police cadet to undergo training with a view to becoming a member of a police force.
      (2) For the purposes of Part II, the holding of a relevant police office shall be treated as employment-
 
 
    (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it;
 
    (b) by the police authority as respects any act done by it in relation to that office or a holder of it.
      (3) For the purposes of section 32-
 
 
    (a) the holding of a relevant police office shall be treated as employment by the chief officer of police (and as not being employment by any other person); and
 
    (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.
      (4) There shall be paid out of the police fund-
 
 
    (a) any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
 
    (b) any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.
      (5) Any proceedings under this Act which, by virtue of this section, would lie against a chief officer of police shall be brought against-
 
 
    (a) the chief officer of police for the time being; or
 
    (b) in the case of a vacancy in that office, against the person for the time being performing the functions of that office,

and references in subsection (4) to the chief officer of police shall be construed accordingly.
      (6) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund-
 
 
    (a) any damages or costs awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;
 
    (b) any costs incurred and not recovered by such a person in such proceedings; and
 
    (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
Other police bodies etc.     76B. - (1) Section 76A applies in relation to the National Criminal Intelligence Service ("NCIS") and the National Crime Squad ("the NCS") as it applies in relation to a police force but as if any reference-
 
 
    (a) to the chief officer of police were to the Director General of NCIS or of the NCS, as the case may be;
 
    (b) to the police authority were to the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad, as the case may be;
 
    (c) to the police fund were to the service fund established under section 16 of the Police Act 1997 (NCIS service fund) or section 61 of that Act (the NCS service fund), as the case may be.
      (2) Section 76A also applies in relation to any other body of constables or cadets as it applies in relation to a police force, but as if any reference-
 
 
    (a) to the chief officer of police were to the officer or other person who has the direction and control of the body in question;
 
    (b) to the police authority were to the authority by whom the members of the body are paid;
 
    (c) to the police fund were to money provided by that authority.
      (3) In relation to a member of a police force or a special constable who is not under the direction and control of the chief officer of police for that police force or, as the case may be, for the police area to which he is appointed, references in section 76A to the chief officer of police are references to the chief officer under whose direction and control he is."
 
 
Special cases: procedural and other consequences
Criminal investigations and proceedings.     5. - (1) After section 57(4) of the 1976 Act (enforcement of Part III of that Act) there is inserted-
 
 
    "(4A) As respects an act which is done, or by virtue of section 32 or 33 is treated as done, by a person in carrying out public investigator functions or functions as a public prosecutor and which is unlawful by virtue of section 19B, no remedy other than-
 
 
    (a) damages; or
 
    (b) a declaration or, in Scotland, a declarator,

shall be obtainable unless the court is satisfied that the remedy concerned would not prejudice a criminal investigation, a decision to institute criminal proceedings or any criminal proceedings.
      (4B) In this section-
 
 
    "criminal investigation" means-
 
      (a) any investigation which a person in carrying out functions to which section 19B applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or
 
      (b) any investigation which is conducted by a person in carrying out functions to which section 19B applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; and
 
    "public investigator functions" means functions of conducting criminal investigations or charging offenders,

and in this subsection "offence" includes any offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (and "offender" shall be construed accordingly).
      (4C) Subsection (4D) applies where a party to proceedings under subsection (1) which have arisen by virtue of section 19B has applied for a stay or sist of those proceedings on the grounds of prejudice to-
 
 
    (a) particular criminal proceedings;
 
    (b) a criminal investigation; or
 
    (c) a decision to institute criminal proceedings.
      (4D) The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under subsection (1) would not result in the prejudice alleged."
 
      (2) After section 65(4) of the 1976 Act (help for aggrieved persons in obtaining information etc.) there is inserted-
 
 
    "(4A) In section 19B proceedings, subsection (2)(b) does not apply in relation to a failure to reply, or a particular reply, if the conditions specified in subsection (4B) are satisfied.
 
      (4B) Those conditions are that-
 
 
    (a) at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and
 
    (b) he reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.
      (4C) For the purposes of subsections (4A) and (4B)-
 
 
    "public investigator functions" has the same meaning as in section 57;
 
    "section 19B proceedings" means proceedings in respect of a claim under section 57 which has arisen by virtue of section 19B."
 
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