|
| |
|
(3) | After sub-paragraph (3) insert— |
| |
“(3A) | The person designated under sub-paragraph (2) to be the person |
| |
to take charge of an investigation of a DSI matter in relation to |
| |
which the relevant officer is the Commissioner of Police of the |
| |
Metropolis or the Deputy Commissioner of Police of the |
| 5 |
Metropolis must be the person nominated by the Secretary of State |
| |
to be so designated under that sub-paragraph.” |
| |
18 | In paragraph 20(1) (restrictions on proceedings pending the conclusion of an |
| |
investigation), after “22” insert “or 24A”. |
| |
19 | In paragraph 21(4) (power of the Commission to discontinue an |
| 10 |
investigation), for “or recordable conduct matter” substitute “, recordable |
| |
conduct matter or DSI matter”. |
| |
20 | After paragraph 21 insert— |
| |
“Procedure where conduct matter is revealed during investigation of DSI matter |
| |
21A (1) | If during the course of an investigation of a DSI matter it appears |
| 15 |
to a person appointed under paragraph 18 or designated under |
| |
paragraph 19 that there is an indication that a person serving with |
| |
the police (“the person whose conduct is in question”) may have— |
| |
(a) | committed a criminal offence, or |
| |
(b) | behaved in a manner which would justify the bringing of |
| 20 |
disciplinary proceedings, |
| |
| he shall make a submission to that effect to the Commission. |
| |
(2) | If, after considering a submission under sub-paragraph (1), the |
| |
Commission determines that there is such an indication, it shall— |
| |
(a) | notify the appropriate authority in relation to the DSI |
| 25 |
matter and (if different) the appropriate authority in |
| |
relation to the person whose conduct is in question of its |
| |
| |
(b) | send to it (or each of them) a copy of the submission under |
| |
| 30 |
(3) | If during the course of an investigation of a DSI matter it appears |
| |
to a person appointed under paragraph 16 or 17 that there is an |
| |
indication that a person serving with the police (“the person |
| |
whose conduct is in question”) may have— |
| |
(a) | committed a criminal offence, or |
| 35 |
(b) | behaved in a manner which would justify the bringing of |
| |
disciplinary proceedings, |
| |
| he shall make a submission to that effect to the appropriate |
| |
authority in relation to the DSI matter. |
| |
(4) | If, after considering a submission under sub-paragraph (3), the |
| 40 |
appropriate authority determines that there is such an indication, |
| |
| |
(a) | if it is not the appropriate authority in relation to the |
| |
person whose conduct is in question, notify that other |
| |
authority of its determination and send to that authority a |
| 45 |
copy of the submission under sub-paragraph (3); and |
| |
|
| |
|
| |
|
(b) | notify the Commission of its determination and send to it |
| |
a copy of the submission under sub-paragraph (3). |
| |
(5) | Where the appropriate authority in relation to the person whose |
| |
| |
(a) | is notified of a determination by the Commission under |
| 5 |
| |
(b) | (in a case where it is also the appropriate authority in |
| |
relation to the DSI matter) makes a determination under |
| |
| |
(c) | (in a case where it is not the appropriate authority in |
| 10 |
relation to the DSI matter) is notified by that other |
| |
authority of a determination by it under sub-paragraph (4), |
| |
| it shall record the matter under paragraph 11 as a conduct matter |
| |
(and the other provisions of this Schedule shall apply in relation to |
| |
that matter accordingly).” |
| 15 |
21 | For paragraph 22 (final reports on investigations) substitute— |
| |
“Final reports on investigations: complaints, conduct matters and certain DSI matters |
| |
22 (1) | This paragraph applies on the completion of an investigation of— |
| |
| |
| 20 |
(c) | a DSI matter in respect of which the Commission or the |
| |
appropriate authority has made a determination under |
| |
| |
(2) | A person appointed under paragraph 16 shall submit a report on |
| |
his investigation to the appropriate authority. |
| 25 |
(3) | A person appointed under paragraph 17 or 18 shall— |
| |
(a) | submit a report on his investigation to the Commission; |
| |
| |
(b) | send a copy of that report to the appropriate authority. |
| |
(4) | In relation to a DSI matter in respect of which a determination has |
| 30 |
been made under paragraph 21A(2) or (4), the references in sub- |
| |
paragraphs (2) and (3) of this paragraph to the appropriate |
| |
authority are references to— |
| |
(a) | the appropriate authority in relation to the DSI matter; and |
| |
(b) | (where different) the appropriate authority in relation to |
| 35 |
the person whose conduct is in question. |
| |
(5) | A person designated under paragraph 19 as the person in charge |
| |
of an investigation by the Commission itself shall submit a report |
| |
| |
(6) | A person submitting a report under this paragraph shall not be |
| 40 |
prevented by any obligation of secrecy imposed by any rule of law |
| |
or otherwise from including all such matters in his report as he |
| |
| |
22 (1) | In the heading preceding paragraph 23, after “investigation report” insert |
| |
|
| |
|
| |
|
| |
| |
(a) | in paragraph (a), for “(2)” substitute “(3)”; and |
| |
(b) | in paragraph (b), for “(3)” substitute “(5)”. |
| |
(3) | After paragraph 23(12) insert— |
| 5 |
“(13) | In relation to a DSI matter in respect of which a determination has |
| |
been made under paragraph 21A(2) or (4), the references in this |
| |
paragraph to the appropriate authority are references to the |
| |
appropriate authority in relation to the person whose conduct is in |
| |
| 10 |
23 (1) | In the heading preceding paragraph 24, after “investigation report” insert |
| |
| |
| |
(a) | in paragraph (a), for “22(1)” substitute “22(2)”; and |
| |
(b) | in paragraph (b), for “22(2)” substitute “22(3)”. |
| 15 |
(3) | After paragraph 24(10) insert— |
| |
“(11) | In relation to a DSI matter in respect of which a determination has |
| |
been made under paragraph 21A(2) or (4), the references in this |
| |
paragraph to the appropriate authority are references to the |
| |
appropriate authority in relation to the person whose conduct is in |
| 20 |
| |
24 | After paragraph 24 insert— |
| |
“Final reports on investigations: other DSI matters |
| |
24A (1) | This paragraph applies on the completion of an investigation of a |
| |
DSI matter in respect of which neither the Commission nor the |
| 25 |
appropriate authority has made a determination under paragraph |
| |
| |
(2) | A person appointed under paragraph 16, 17 or 18 or designated |
| |
under paragraph 19 shall— |
| |
(a) | submit a report on the investigation to the Commission; |
| 30 |
| |
(b) | send a copy of that report to the appropriate authority. |
| |
(3) | A person submitting a report under this paragraph shall not be |
| |
prevented by any obligation of secrecy imposed by any rule of law |
| |
or otherwise from including all such matters in his report as he |
| 35 |
| |
(4) | On receipt of the report, the Commission shall determine whether |
| |
the report indicates that a person serving with the police may |
| |
| |
(a) | committed a criminal offence, or |
| 40 |
(b) | behaved in a manner which would justify the bringing of |
| |
disciplinary proceedings. |
| |
|
| |
|
| |
|
Action by the Commission in response to an investigation report under paragraph 24A |
| |
24B (1) | If the Commission determines under paragraph 24A(4) that the |
| |
report indicates that a person serving with the police may have— |
| |
(a) | committed a criminal offence, or |
| |
(b) | behaved in a manner which would justify the bringing of |
| 5 |
disciplinary proceedings, |
| |
| it shall notify the appropriate authority in relation to the person |
| |
whose conduct is in question of its determination and, if it appears |
| |
that that authority has not already been sent a copy of the report, |
| |
send a copy of the report to that authority. |
| 10 |
(2) | Where the appropriate authority in relation to the person whose |
| |
conduct is in question is notified of a determination by the |
| |
Commission under sub-paragraph (1), it shall record the matter |
| |
under paragraph 11 as a conduct matter (and the other provisions |
| |
of this Schedule shall apply in relation to that matter accordingly). |
| 15 |
24C (1) | If the Commission determines under paragraph 24A(4) that there |
| |
is no indication in the report that a person serving with the police |
| |
| |
(a) | committed a criminal offence, or |
| |
(b) | behaved in a manner which would justify the bringing of |
| 20 |
disciplinary proceedings, |
| |
| it shall make such recommendations or give such advice under |
| |
section 10(1)(e) (if any) as it considers necessary or desirable. |
| |
(2) | Sub-paragraph (1) does not affect any power of the Commission to |
| |
make recommendations or give advice under section 10(1)(e) in |
| 25 |
other cases (whether arising under this Schedule or otherwise).” |
| |
| |
| |
Abolition of Royal Parks Constabulary: Supplementary |
| |
| |
Transfers to Metropolitan Police Authority |
| 30 |
| |
1 | In this Part of this Schedule— |
| |
“the Authority” means the Metropolitan Police Authority, and |
| |
“transfer scheme” means a scheme made by the Secretary of State under |
| |
| 35 |
Establishment of eligibility for transfer |
| |
2 | The Secretary of State may by regulations impose requirements in relation to |
| |
persons serving as park constables with the Royal Parks Constabulary for |
| |
the purpose of establishing whether they are eligible— |
| |
(a) | to be employed by the Authority, or |
| 40 |
|
| |
|
| |
|
(b) | to serve as a members of the police force for the metropolitan police |
| |
| |
3 (1) | The Secretary of State may terminate the Crown employment of any person |
| |
who fails to comply with or satisfy any requirement imposed in relation to |
| |
him by regulations made under paragraph 2. |
| 5 |
(2) | A person whose Crown employment is terminated under sub-paragraph (1) |
| |
is not to be treated (whether for the purposes of any enactment or otherwise) |
| |
as being dismissed by virtue of that termination. |
| |
| |
4 (1) | A transfer scheme may provide for any relevant person to become an |
| 10 |
employee of the Authority on the appointed day. |
| |
(2) | The scheme may make provision— |
| |
(a) | for the termination of the relevant person’s Crown employment on |
| |
| |
(b) | as to the terms and conditions which are to have effect as the terms |
| 15 |
and conditions of the relevant person’s contract of employment with |
| |
| |
(c) | transferring to the Authority the rights, powers, duties and liabilities |
| |
of the employer under or in connection with the relevant person’s |
| |
| 20 |
(d) | for things done before the appointed day by or in relation to the |
| |
employer in respect of the relevant person or his Crown employment |
| |
to be treated from that day as having been done by or in relation to |
| |
| |
(e) | for the period during which the relevant person has been in Crown |
| 25 |
employment to count as a period of employment with the Authority |
| |
(and for the operation of the transfer scheme not to be treated as |
| |
having interrupted the continuity of that employment), and |
| |
(f) | for the termination of the Crown employment of a relevant person |
| |
who would otherwise be transferred by the scheme but who has |
| 30 |
informed the Secretary of State that he does not wish to be so |
| |
| |
(3) | The scheme may provide for a person who would be treated (whether by an |
| |
enactment or otherwise) as being dismissed by the operation of the scheme |
| |
| 35 |
5 (1) | A transfer scheme may provide for the appointment as a member of the |
| |
police force for the metropolitan police district of any relevant person who |
| |
becomes an employee of the Authority by virtue of the scheme. |
| |
(2) | The appointment does not take effect until the person has been attested as a |
| |
constable for the metropolitan police district in accordance with section 29 |
| 40 |
of the Police Act 1996 (c. 16). |
| |
(3) | On being so attested his contract of employment with the Authority is |
| |
terminated by virtue of this sub-paragraph. |
| |
(4) | He is not to be treated (whether for the purposes of any enactment or |
| |
otherwise) as being dismissed by virtue of the operation of sub-paragraph |
| 45 |
| |
|
| |
|
| |
|
Property, rights and liabilities, etc. |
| |
6 (1) | The transfer scheme may provide for the transfer of property, rights and |
| |
liabilities of the Secretary of State to the Authority on the appointed day. |
| |
(2) | The scheme may include provision for anything (including any legal |
| |
proceedings) which relates to anything transferred by virtue of sub- |
| 5 |
paragraph (1) to be continued from the appointed day by or in relation to the |
| |
| |
Termination of employment |
| |
7 | The Secretary of State may by regulations make provision as to the |
| |
consequences of the termination of a person’s Crown employment under |
| 10 |
paragraph 3(1) or by a transfer scheme (including provision removing any |
| |
entitlement to compensation which might otherwise arise in such |
| |
| |
| |
| 15 |
Royal Parks (Trading) Act 2000 (c. 13) |
| |
8 | In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after |
| |
| |
“(4) | In the application of this section to a specified park— |
| |
(a) | the reference in subsection (1) to a park constable has effect as |
| 20 |
a reference to a constable, and |
| |
(b) | subsections (2) and (3) do not apply. |
| |
(5) | In subsection (4) “specified park” has the same meaning as in section |
| |
145 of the Serious Organised Crime and Police Act 2005.” |
| |
Regulation of Investigatory Powers Act 2000 (c. 23) |
| 25 |
9 | In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant |
| |
authorities) omit paragraph 27D and the cross-heading before it. |
| |
Police Reform Act 2002 (c. 30) |
| |
10 | The Police Reform Act 2002 has effect subject to the following amendments. |
| |
11 (1) | Section 82 (police nationality requirements) is amended as follows. |
| 30 |
| |
(a) | at the end of paragraph (e) insert “or”, and |
| |
| |
(3) | In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks |
| |
Constabulary” substitute “or the Civil Nuclear Constabulary”. |
| 35 |
| |
12 (1) | Schedule 4 (powers exercisable by police civilians) is amended as follows. |
| |
|
| |
|
| |
|
(2) | In paragraph 2(6) after paragraph (aa) insert— |
| |
“(ab) | an offence committed in a specified park which by virtue |
| |
of section 2 of the Parks Regulation (Amendment) Act 1926 |
| |
is an offence against the Parks Regulation Act 1872; or”. |
| |
(3) | After paragraph 7 insert— |
| 5 |
| |
7A (1) | This paragraph applies if— |
| |
(a) | a designation applies it to any person (“the CSO”), and |
| |
(b) | the CSO has under paragraph 2(3) required another person |
| |
(“P”) to wait with him for the arrival of a constable. |
| 10 |
(2) | If the CSO reasonably suspects that P has committed a park |
| |
trading offence, the CSO may take possession of anything of a |
| |
non-perishable nature which— |
| |
(a) | P has in his possession or under his control, and |
| |
(b) | the CSO reasonably believes to have been used in the |
| 15 |
commission of the offence. |
| |
(3) | The CSO may retain possession of the thing in question for a |
| |
period not exceeding 30 minutes unless P makes an election under |
| |
paragraph 2(4), in which case the CSO may retain possession of |
| |
the thing in question until he is able to transfer control of it to a |
| 20 |
| |
(4) | In this paragraph “park trading offence” means an offence |
| |
committed in a specified park which is a park trading offence for |
| |
the purposes of the Royal Parks (Trading) Act 2000.” |
| |
(4) | In paragraph 36 after sub-paragraph (3) insert— |
| 25 |
“(3A) | In this Schedule “specified park” has the same meaning as in |
| |
section 145 of the Serious Organised Crime and Police Act 2005.” |
| |
| |
| |
Amendments of Part 5 of Police Act 1997 |
| |
1 | Part 5 of the Police Act 1997 (certificates of criminal records etc.) is amended |
| 30 |
| |
2 | In section 114(3) for “Section 113(3) to (5)” substitute “Sections 113A(3) to (6) |
| |
| |
| |
(a) | in the application to Scotland of subsection (2)(b) for “to which |
| 35 |
subsection (3) or (4) of section 115 applies” substitute “of such |
| |
description as may be prescribed”; |
| |
(b) | in subsection (3) for “Section 115(6) to (10)” substitute “Sections |
| |
113B(3) to (11) and 113C to 113F”. |
| |
| 40 |
|
| |
|