|
| |
|
13E | Effect of parental compensation order on subsequent award of |
| |
damages in civil proceedings |
| |
(1) | This section has effect where— |
| |
(a) | a parental compensation order has been made in favour of |
| |
any person in respect of any taking or loss of property or |
| 5 |
| |
(b) | a claim by him in civil proceedings for damages in respect of |
| |
the taking, loss or damage is then to be determined. |
| |
(2) | The damages in the civil proceedings shall be assessed without |
| |
regard to the parental compensation order, but the claimant may |
| 10 |
recover only an amount equal to the aggregate of the following— |
| |
(a) | any amount by which they exceed the compensation; and |
| |
(b) | a sum equal to any portion of the compensation which he |
| |
| |
(3) | The claimant may not enforce the judgment, so far as it relates to |
| 15 |
such a sum as is mentioned in subsection (2)(b), without the |
| |
permission of the court.” |
| |
3 (1) | Section 8 (parenting orders) is amended as follows. |
| |
(2) | In subsection (1), after paragraph (a) insert— |
| |
“(aa) | a parental compensation order is made in relation to a child’s |
| 20 |
| |
(3) | In subsection (6)(a)— |
| |
(a) | after “paragraph (a)” insert “, (aa)”, |
| |
(b) | after “child safety order,” insert “parental compensation order,”. |
| |
4 | In section 18 (interpretation of Chapter 1), in subsection (1), after the |
| 25 |
definition of “local child curfew scheme” insert— |
| |
““parental compensation order” has the meaning given by |
| |
| |
5 | In section 114 (orders and regulations), in subsection (3), after “section” |
| |
| 30 |
6 | The amendments made by paragraph 2 of this Schedule do not apply in |
| |
relation to any conduct which occurred before the coming into force of that |
| |
| |
| |
| |
Investigations into conduct of police officers: accelerated procedure in |
| 35 |
| |
1 | Schedule 3 to the Police Reform Act 2002 (c. 30) is amended as follows. |
| |
| |
(a) | for “until” substitute “until— |
| |
(a) | the appropriate authority has certified the case as a |
| 40 |
special case under paragraph 20B(3) or 20E(3), or”; |
| |
| |
|
| |
|
| |
|
(b) | make the words from “a report” to the end paragraph (b). |
| |
3 | After paragraph 20 insert— |
| |
“Accelerated procedure in special cases |
| |
20A (1) | If, at any time before the completion of his investigation, a person |
| |
appointed or designated to investigate a complaint or recordable |
| 5 |
conduct matter believes that the appropriate authority would, on |
| |
consideration of the matter, be likely to consider that the special |
| |
conditions are satisfied, he shall proceed in accordance with the |
| |
following provisions of this paragraph. |
| |
(2) | If the person was appointed under paragraph 16, he shall submit |
| 10 |
to the appropriate authority— |
| |
(a) | a statement of his belief and the grounds for it; and |
| |
(b) | a written report on his investigation to that point; |
| |
| and if he was appointed following a determination made by the |
| |
Commission under paragraph 15 he shall send a copy of the |
| 15 |
statement and the report to the Commission. |
| |
(3) | If the person was appointed under paragraph 17 or 18 or |
| |
designated under paragraph 19, he shall submit to the appropriate |
| |
| |
(a) | a statement of his belief and the grounds for it; and |
| 20 |
(b) | a written report on his investigation to that point; |
| |
| and shall send a copy of the statement and the report to the |
| |
| |
(4) | A person submitting a report under this paragraph shall not be |
| |
prevented by any obligation of secrecy imposed by any rule of law |
| 25 |
or otherwise from including all such matters in his respect as he |
| |
| |
(5) | A statement and report may be submitted under this paragraph |
| |
whether or not a previous statement and report have been |
| |
submitted; but a second or subsequent statement and report may |
| 30 |
be submitted only if the person submitting them has grounds to |
| |
believe that the appropriate authority will reach a different |
| |
determination under paragraph 20B(2) or 20E(2). |
| |
(6) | After submitting a report under this paragraph, the person |
| |
appointed or designated to investigate the complaint or |
| 35 |
recordable conduct matter shall continue his investigation to such |
| |
extent as he considers appropriate. |
| |
(7) | The special conditions are that— |
| |
(a) | the person whose conduct is the subject matter of the |
| |
investigation may have committed an imprisonable |
| 40 |
offence and that person’s conduct is of a serious nature; |
| |
(b) | there is sufficient evidence, in the form of written |
| |
statements or other documents, to establish on the balance |
| |
of probabilities that conduct justifying dismissal took |
| |
| 45 |
(c) | it is in the public interest for the person whose conduct is |
| |
the subject matter of the investigation to cease to be a |
| |
|
| |
|
| |
|
member of a police force, or to be a special constable, |
| |
| |
(8) | In sub-paragraph (7)— |
| |
(a) | in paragraph (a), “imprisonable offence” means an offence |
| |
which is punishable with imprisonment in the case of a |
| 5 |
person aged 21 or over; and |
| |
(b) | in paragraph (b), “conduct justifying dismissal” means |
| |
conduct which is so serious that disciplinary proceedings |
| |
brought in respect of it would be likely to result in a |
| |
| 10 |
(9) | In paragraphs 20B to 20H “special report” means a report |
| |
submitted under this paragraph. |
| |
Investigations managed or carried out by Commission: action by appropriate authority |
| |
20B (1) | This paragraph applies where — |
| |
(a) | a statement and special report on an investigation carried |
| 15 |
out under the management of the Commission, or |
| |
(b) | a statement and special report on an investigation carried |
| |
out by a person designated by the Commission, |
| |
| are submitted to the appropriate authority under paragraph |
| |
| 20 |
(2) | The appropriate authority shall determine whether the special |
| |
conditions are satisfied. |
| |
(3) | If the appropriate authority determines that the special conditions |
| |
are satisfied then, unless it considers that the circumstances are |
| |
such as to make it inappropriate to do so, it shall— |
| 25 |
(a) | certify the case as a special case for the purposes of |
| |
Regulation 11 of the Police (Conduct) Regulations 2004 |
| |
| |
(b) | subject to any request made under paragraph 20G(1), take |
| |
such steps as are required by that Regulation in relation to |
| 30 |
| |
(4) | The reference in sub-paragraph (3) to Regulation 11 includes a |
| |
reference to any corresponding provision replacing that |
| |
| |
(5) | If the appropriate authority determines that the special conditions |
| 35 |
are satisfied then it shall notify the Director of Public Prosecutions |
| |
of its determination and send him a copy of the special report. |
| |
(6) | The appropriate authority shall notify the Commission of a |
| |
certification under sub-paragraph (3). |
| |
(7) | If the appropriate authority determines— |
| 40 |
(a) | that the special conditions are not satisfied, or |
| |
(b) | that, although those conditions are satisfied, the |
| |
circumstances are such as to make it inappropriate at |
| |
present to bring disciplinary proceedings, |
| |
| it shall submit to the Commission a memorandum under this sub- |
| 45 |
| |
|
| |
|
| |
|
(8) | The memorandum required to be submitted under sub-paragraph |
| |
| |
(a) | notifies the Commission of its determination that those |
| |
conditions are not satisfied or (as the case may be) that they |
| |
are so satisfied but the circumstances are such as to make |
| 5 |
it inappropriate at present to bring disciplinary |
| |
| |
(b) | (in either case) sets out its reasons for so determining. |
| |
(9) | In this paragraph “special conditions” has the meaning given by |
| |
| 10 |
Investigations managed or carried out by Commission: action by Commission |
| |
20C (1) | On receipt of a notification under paragraph 20B(6), the |
| |
Commission shall give a notification— |
| |
(a) | in the case of a complaint, to the complainant and to every |
| |
person entitled to be kept properly informed in relation to |
| 15 |
the complaint under section 21; and |
| |
(b) | in the case of a recordable conduct matter, to every person |
| |
entitled to be kept properly informed in relation to that |
| |
matter under that section. |
| |
(2) | The notification required by sub-paragraph (1) is one setting out— |
| 20 |
(a) | the findings of the special report; |
| |
(b) | the appropriate authority’s determination under |
| |
| |
(c) | the action that the appropriate authority is required to take |
| |
as a consequence of that determination. |
| 25 |
(3) | Subsections (5) to (7) of section 20 shall have effect in relation to |
| |
the duties imposed on the Commission by sub-paragraph (1) as |
| |
they have effect in relation to the duties imposed on the |
| |
Commission by that section. |
| |
(4) | Except so far as may be otherwise provided by regulations made |
| 30 |
by virtue of sub-paragraph (3), the Commission shall be entitled |
| |
(notwithstanding any obligation of secrecy imposed by any rule of |
| |
law or otherwise) to discharge the duty to give a person |
| |
mentioned in sub-paragraph (1) notification of the findings of the |
| |
special report by sending that person a copy of that report. |
| 35 |
20D (1) | On receipt of a memorandum under paragraph 20B(7), the |
| |
| |
(a) | consider the memorandum; |
| |
(b) | determine, in the light of that consideration, whether or |
| |
not to make a recommendation under paragraph 20H; and |
| 40 |
(c) | if it thinks fit to do so, make a recommendation under that |
| |
| |
(2) | If the Commission determines not to make a recommendation |
| |
under paragraph 20H, it shall notify the appropriate authority and |
| |
the person appointed under paragraph 18 or designated under |
| 45 |
paragraph 19 of its determination. |
| |
|
| |
|
| |
|
Other investigations: action by appropriate authority |
| |
20E (1) | This paragraph applies where— |
| |
(a) | a statement and a special report on an investigation carried |
| |
out by an appropriate authority on its own behalf, or |
| |
(b) | a statement and a special report on an investigation carried |
| 5 |
out under the supervision of the Commission, |
| |
| are submitted to the appropriate authority under paragraph |
| |
| |
(2) | The appropriate authority shall determine whether the special |
| |
conditions are satisfied. |
| 10 |
(3) | If the appropriate authority determines that the special conditions |
| |
are satisfied then, unless it considers that the circumstances are |
| |
such as to make it inappropriate to do so, it shall— |
| |
(a) | certify the case as a special case for the purposes of |
| |
Regulation 11 of the Police (Conduct) Regulations 2004 |
| 15 |
| |
(b) | subject to any request made under paragraph 20G(1), take |
| |
such steps as are required by that Regulation in relation to |
| |
| |
(4) | The reference in sub-paragraph (3) to Regulation 11 includes a |
| 20 |
reference to any corresponding provision replacing that |
| |
| |
(5) | If the appropriate authority determines that the special conditions |
| |
are satisfied then it shall notify the Director of Public Prosecutions |
| |
of its determination and send him a copy of the special report. |
| 25 |
(6) | Where the statement and report were required under paragraph |
| |
20A(2) to be copied to the Commission, the appropriate authority |
| |
shall notify the Commission of a certification under sub- |
| |
| |
(7) | If the appropriate authority determines— |
| 30 |
(a) | that the special conditions are not satisfied, or |
| |
(b) | that, although those conditions are satisfied, the |
| |
circumstances are such as to make it inappropriate at |
| |
present to bring disciplinary proceedings, |
| |
| it shall notify the person appointed under paragraph 16 or 17 of its |
| 35 |
| |
(8) | In this paragraph “special conditions” has the meaning given by |
| |
| |
20F (1) | If the appropriate authority certifies a case under paragraph |
| |
20E(3), it shall give a notification— |
| 40 |
(a) | in the case of a complaint, to the complainant and to every |
| |
person entitled to be kept properly informed in relation to |
| |
the complaint under section 21; and |
| |
(b) | in the case of a recordable conduct matter, to every person |
| |
entitled to be kept properly informed in relation to that |
| 45 |
matter under that section. |
| |
|
| |
|
| |
|
(2) | The notification required by sub-paragraph (1) is one setting out— |
| |
(a) | the findings of the report; |
| |
(b) | the authority’s determination under paragraph 20E(2); |
| |
| |
(c) | the action that the authority is required to take in |
| 5 |
consequence of that determination. |
| |
(3) | Subsections (5) to (7) of section 20 shall have effect in relation to |
| |
the duties imposed on the appropriate authority by sub- |
| |
paragraph (1) as they have effect in relation to the duties imposed |
| |
on the appropriate authority by that section. |
| 10 |
(4) | Except so far as may be otherwise provided by regulations made |
| |
by virtue of sub-paragraph (3), the appropriate authority shall be |
| |
entitled (notwithstanding any obligation of secrecy imposed by |
| |
any rule of law or otherwise) to discharge the duty to give a person |
| |
mentioned in sub-paragraph (1) notification of the findings of the |
| 15 |
special report by sending that person a copy of that report. |
| |
Special cases: Director of Public Prosecutions |
| |
20G (1) | On receiving a copy of a special report under paragraph 20B(5) or |
| |
20E(5), the Director of Public Prosecutions may request the |
| |
appropriate authority not to bring disciplinary proceedings |
| 20 |
without his prior agreement, if the Director considers that |
| |
bringing such proceedings might prejudice any future criminal |
| |
| |
(2) | The Director of Public Prosecutions— |
| |
(a) | shall notify the appropriate authority of any decision of his |
| 25 |
to take, or not to take, action in respect of the matters dealt |
| |
with in a special report copied to him under paragraph |
| |
| |
(b) | where the special report was copied to him under |
| |
paragraph 20B(5), shall send a copy of that notification to |
| 30 |
| |
(3) | It shall be the duty of the Commission to notify the persons |
| |
mentioned in sub-paragraph (5) if criminal proceedings are |
| |
brought against any person by the Director of Public Prosecutions |
| |
in respect of any matters dealt with in a special report copied to |
| 35 |
him under paragraph 20B(5). |
| |
(4) | It shall be the duty of the appropriate authority to notify the |
| |
persons mentioned in sub-paragraph (5) if criminal proceedings |
| |
are brought against any person by the Director of Public |
| |
Prosecutions in respect of any matters dealt with in a special |
| 40 |
report copied to him under paragraph 20E(5). |
| |
| |
(a) | in the case of a complaint, the complainant and every |
| |
person entitled to be kept properly informed in relation to |
| |
the complaint under section 21; and |
| 45 |
(b) | in the case of a recordable conduct matter, every person |
| |
entitled to be kept properly informed in relation to that |
| |
matter under that section. |
| |
|
| |
|
| |
|
Special cases: recommendation or direction of Commission |
| |
20H (1) | Where the appropriate authority has submitted, or is required to |
| |
submit, a memorandum to the Commission under paragraph |
| |
20B(7), the Commission may make a recommendation to the |
| |
appropriate authority that it should certify the case under |
| 5 |
| |
(2) | If the Commission determines to make a recommendation under |
| |
this paragraph, it shall give a notification— |
| |
(a) | in the case of a complaint, to the complainant and to every |
| |
person entitled to be kept properly informed in relation to |
| 10 |
the complaint under section 21; and |
| |
(b) | in the case of a recordable conduct matter, to every person |
| |
entitled to be kept properly informed in relation to that |
| |
matter under that section. |
| |
(3) | The notification required by sub-paragraph (2) is one setting out— |
| 15 |
(a) | the findings of the special report; and |
| |
(b) | the Commission’s recommendation under this paragraph. |
| |
(4) | Subsections (5) to (7) of section 20 shall have effect in relation to |
| |
the duties imposed on the Commission by sub-paragraph (2) as |
| |
they have effect in relation to the duties imposed on the |
| 20 |
Commission by that section. |
| |
(5) | Except so far as may be otherwise provided by regulations made |
| |
by virtue of sub-paragraph (4), the Commission shall be entitled |
| |
(notwithstanding any obligation of secrecy imposed by any rule of |
| |
law or otherwise) to discharge the duty to give a person |
| 25 |
mentioned in sub-paragraph (2) notification of the findings of the |
| |
special report by sending that person a copy of the report. |
| |
(6) | It shall be the duty of the appropriate authority to notify the |
| |
Commission whether it accepts the recommendation and (if it |
| |
does) to certify the case and proceed accordingly. |
| 30 |
(7) | If, after the Commission has made a recommendation under this |
| |
paragraph, the appropriate authority does not certify the case |
| |
| |
(a) | the Commission may direct the appropriate authority so to |
| |
| 35 |
(b) | it shall be the duty of the appropriate authority to comply |
| |
with the direction and proceed accordingly. |
| |
(8) | Where the Commission gives the appropriate authority a direction |
| |
under this paragraph, it shall supply the appropriate authority |
| |
with a statement of its reasons for doing so. |
| 40 |
(9) | The Commission may at any time withdraw a direction given |
| |
| |
(10) | The appropriate authority shall keep the Commission informed of |
| |
whatever action it takes in response to a recommendation or |
| |
| 45 |
| |
|
| |
|