Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 1 — Police reform
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Police co-operation
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Police collaboration
For section 23 of the Police Act 1996 substitute—
“23
Police force collaboration agreements
(1)
The chief officers of two or more police forces may make an agreement
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about the discharge of functions by members of any of their forces.
(2)
An agreement may, in particular, provide—
(a)
for the joint discharge of functions by members of police forces;
(b)
for members of a police force to discharge functions in another
force’s area;
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(c)
for members of a police force to be provided to another force.
(3)
An agreement may include provision about the discharge of functions
by a police authority employee (a “civilian employee”) who is under the
direction and control of a chief officer who is a party to the agreement.
(4)
An agreement may provide for a member of a police force, or a civilian
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employee, to be under the direction and control of a chief officer
specified in or determined in accordance with the agreement.
(5)
A chief officer may make an agreement only if the chief officer thinks
that the agreement is in the interests of the efficiency or effectiveness of
one or more police forces.
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(6)
A chief officer may make an agreement only with the approval of the
police authority responsible for maintaining the chief officer’s force.
(7)
In this section a reference to the members of a police force includes a
reference to the special constables appointed for the area for which the
force is maintained.
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(8)
An agreement under this section is referred to in this Part as a police
force collaboration agreement.
23A
Police authority collaboration agreements
(1)
Two or more police authorities may make an agreement about the
provision of support—
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(a)
for any of those police authorities;
(b)
for any of the police forces maintained by them.
(2)
An agreement may, in particular, provide—
(a)
for support to be provided jointly by two or more authorities;
(b)
for support to be provided for two or more authorities or forces
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jointly;
(c)
for an authority to provide support to another authority or to a
force maintained by another authority.
(3)
In this section references to the provision of support include, in
particular, the provision of—
40
(a)
premises;
(b)
equipment;

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(c)
staff;
(d)
services;
(e)
facilities.
(4)
A police authority may make an agreement only if it thinks that the
agreement is in the interests of the efficiency or effectiveness of one or
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more police authorities or police forces.
(5)
Before making an agreement a police authority must consult the chief
officer of the police force maintained by the authority.
(6)
An agreement under this section is referred to in this Part as a police
authority collaboration agreement.
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23B
Collaboration agreements: payments
(1)
A collaboration agreement may provide for payments between
relevant police authorities.
(2)
Provision under subsection (1) may, in particular—
(a)
specify the authorities by which and to which a payment is to be
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made or the manner in which those authorities are to be
determined;
(b)
specify the amount of any payment or the manner in which it is
to be determined.
(3)
A relevant police authority must make any payments required by
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provision made under subsection (1).
(4)
“Relevant police authority”—
(a)
in relation to a police force collaboration agreement, means a
police authority maintaining a police force whose chief officer is
a party to the agreement, and
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(b)
in relation to a police authority collaboration agreement, means
a police authority which is a party to the agreement.
(5)
In this Part “collaboration agreement” means—
(a)
a police force collaboration agreement, or
(b)
a police authority collaboration agreement.
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23C
Collaboration agreements: consultation and supplemental
(1)
A person must consult the Secretary of State before making a
collaboration agreement to which there are 6 or more other parties.
(2)
A collaboration agreement must be in writing.
(3)
A collaboration agreement may make different provision for different
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cases or circumstances.
(4)
A collaboration agreement may be varied by a subsequent
collaboration agreement.
(5)
A collaboration agreement may be brought to an end by agreement
between the parties to it; and section 23(6) or, as the case may be, section
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23A(5) applies to an agreement under this subsection.

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23D
Collaboration agreements: accountability
(1)
Where a chief officer makes a police force collaboration agreement, the
police authority responsible for maintaining the force shall hold the
chief officer to account for the discharge of functions by anyone who—
(a)
is acting under the terms of the agreement, and
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(b)
while so acting, is under the direction and control of the chief
officer.
(2)
Before approving an agreement as mentioned in section 23(6), a police
authority must notify the chief officer of the arrangements that it
proposes to make for the discharge of its functions under this section in
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connection with the agreement.
(3)
When deciding what arrangements to make, the police authority shall,
in particular, consider making arrangements for those functions to be
discharged jointly with another police authority responsible for
maintaining a force whose chief officer is a party to the agreement.
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(4)
The functions conferred on a police authority under this section do not
affect any other function of holding a chief officer to account.
23E
Collaboration agreements: publication
(1)
A person who makes a collaboration agreement must—
(a)
publish the agreement, or
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(b)
publish the fact that the agreement has been made and such
other details about it as the person thinks appropriate.
(2)
In the case of a police force collaboration agreement, information
notified to a chief officer under section 23D(2) must be published by the
chief officer with the information under subsection (1).
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23F
Collaboration agreements: guidance
(1)
The Secretary of State may give chief officers or police authorities
guidance about collaboration agreements or related matters.
(2)
In discharging their functions, chief officers and police authorities must
have regard to the guidance.
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23G
Collaboration agreements: directions
(1)
The Secretary of State may give chief officers or police authorities
directions about collaboration agreements or related matters.
(2)
A direction may be given to—
(a)
one or more chief officers;
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(b)
one or more police authorities.
(3)
A person to whom a direction is given must comply with it.
(4)
A direction may, in particular—
(a)
require two or more persons to make, or prohibit them from
making, a collaboration agreement;
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(b)
require two or more persons to vary, or prohibit them from
varying, a collaboration agreement;
(c)
require two or more persons to consider making a collaboration
agreement of a specified description;

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(d)
specify terms to be included, or not to be included, in
collaboration agreements.
(5)
A direction may relate to—
(a)
a particular agreement,
(b)
agreements of a particular description, or
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(c)
agreements in general.
(6)
Before giving a direction under this section the Secretary of State must
consult the person or persons to whom it is to be given.
23H
Collaboration agreements: termination by Secretary of State
(1)
The Secretary of State may terminate a collaboration agreement by
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notice to the parties to the agreement.
(2)
Before giving a notice under this section the Secretary of State must
consult the parties to the agreement.
23I
Collaboration agreements: definitions
(1)
This section has effect for the purposes of sections 23 to 23H.
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(2)
“Police force” includes—
(a)
the British Transport Police Force, and
(b)
the Civil Nuclear Constabulary.
(3)
“Chief officer” means—
(a)
in relation to the British Transport Police Force, the Chief
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Constable of the force,
(b)
in relation to the Civil Nuclear Constabulary, the chief constable
of the Constabulary, and
(c)
in relation to any other police force, the chief officer of police of
that force.
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(4)
“Police authority” includes—
(a)
the British Transport Police Authority, and
(b)
the Civil Nuclear Police Authority.”
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Authorisations to interfere with property etc
(1)
Section 93 of the Police Act 1997 (c. 50) (rules for grant of authorisations) is
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amended as follows.
(2)
In subsection (3) after “application made—” insert—
“(za)
if the authorising officer is within subsection (5)(a) to (c)—
(i)
by a member of the officer’s police force; or
(ii)
in a case where the chief officer of police of that force
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(“the authorising force”) has made an agreement under
section 23(1) of the Police Act 1996 with the chief officer
of police of one or more other police forces, by a member
of a collaborative force;”.
(3)
In subsection (3)(a), for “subsection (5)(a)” substitute “subsection (5)(d)”.
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(4)
After subsection (3) insert—
“(3A)
For the purposes of subsection (3)(za)(ii)—
(a)
a police force is a collaborative force if—
(i)
its chief officer of police is a party to the agreement
mentioned in that provision; and
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(ii)
its members are permitted by the terms of the agreement
to make applications for authorisations under this
section to the authorising officer of the authorising
force; and
(b)
a reference to a police force is to the following—
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(i)
any police force maintained under section 2 of the Police
Act 1996 (police forces in England and Wales outside
London);
(ii)
the metropolitan police force; and
(iii)
the City of London police force.”
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(5)
In subsection (6)—
(a)
in paragraph (a), after “subsection (5)” insert “to whom an application
is made by virtue of subsection (3)(za)(i)”,
(b)
after paragraph (a) insert—
“(aa)
in relation to a person within any of those paragraphs to
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whom an application is made by virtue of subsection
(3)(za)(ii), means the area in England and Wales—
(i)
for which any collaborative force (within the
meaning of subsection (3A)) is maintained; and
(ii)
which is specified in relation to members of that
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force in the agreement mentioned in subsection
(3)(za)(ii);”; and
(c)
in paragraph (b), for “that subsection” substitute “subsection (5)”.
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Authorisations for obtaining and disclosing communications data
(1)
The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
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(2)
In section 22 (obtaining and disclosing communications data) after subsection
(3), insert—
“(3A)
Subsection (3B) applies if—
(a)
a person is the designated person by reference to an office, rank
or position with a police force (“the authorising force”); and
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(b)
the chief officer of police of that force has made an agreement
under section 23(1) of the Police Act 1996 with the chief officer
of police of one or more other police forces.
(3B)
The designated person may grant an authorisation for persons holding
offices, ranks or positions with a collaborative force to engage in any
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conduct to which this Chapter applies.
(3C)
For the purposes of subsection (3B) a police force is a collaborative force
if—
(a)
its chief officer of police is a party to the agreement mentioned
in subsection (3A)(b); and
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(b)
the persons holding offices, ranks or positions with it are
permitted by the terms of the agreement to be granted
authorisations by the designated person.
(3D)
A reference in subsections (3A) to (3C) to a police force is to the
following—
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(a)
any police force maintained under section 2 of the Police Act
1996 (police forces in England and Wales outside London);
(b)
the metropolitan police force; and
(c)
the City of London police force.
(3E)
Subsection (3B) is subject to subsection (5).”
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(3)
In section 23 (form and duration of authorisations and notices), in subsection
(3) at the end insert “(subject to subsection (3A))”.
(4)
In that section, after subsection (3) insert—
“(3A)
The provisions of a notice under section 22(4) may specify or otherwise
identify a person for the purposes of subsection (3)(b) above if—
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(a)
the person giving the notice holds an office, rank or position
with a police force (“notifying force”);
(b)
the chief officer of police of the notifying force has made an
agreement under section 23(1) of the Police Act 1996 with the
chief officer of police of one or more other police forces; and
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(c)
the person specified in or otherwise identified in the notice
holds an office, rank or position with a collaborative force.
(3B)
For the purposes of subsection (3A) a police force is a collaborative
force if—
(a)
its chief officer of police is a party to the agreement mentioned
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in subsection (3A)(b); and
(b)
the persons holding offices, ranks or positions with it are
permitted by the terms of the agreement to be specified or
otherwise identified in notices under section 22(4) given by a
person holding an office, rank or position with the notifying
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force.
(3C)
A reference in subsections (3A) and (3B) to a police force is to the
following—
(a)
any police force maintained under section 2 of the Police Act
1996 (police forces in England and Wales outside London);
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(b)
the metropolitan police force; and
(c)
the City of London police force.”
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Authorisations for surveillance etc
(1)
Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for
grant of authorisations) is amended as follows.
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(2)
In subsection (1), at the end insert “(subject to subsection (1ZB))”.
(3)
After subsection (1), insert—
“(1ZA)
Subsection (1ZB) applies if the chief officer of police of a police force
(“the authorising force”) has made an agreement under section 23(1) of

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the Police Act 1996 with the chief office of police of one or more other
police forces.
(1ZB)
A person who is a designated person for the purposes of section 28 or
29 by reference to an office, rank or position with the authorising force
may grant an authorisation under that section on an application made
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by a member of a collaborative force.
(1ZC)
For the purposes of subsection (1ZB) a police force is a collaborative
force if—
(a)
its chief officer of police is a party to the agreement mentioned
in subsection (1ZA); and
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(b)
its members are permitted by the terms of the agreement to
make applications for authorisations under section 28 or 29 to a
person who is a designated person for the purposes of that
section by reference to an office, rank or position with the
authorising force.”
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(4)
In subsection (3), at the beginning insert “Subject to subsection (3ZB),”.
(5)
After subsection (3) insert—
“(3ZA)
Subsection (3ZB) applies if—
(a)
the chief officer of police of a police force (“the surveillance
authorising force”) has made an agreement under section 23(1)
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of the Police Act 1996 with the chief office of police of one or
more other police forces; and
(b)
an application for an authorisation for the carrying out of
intrusive surveillance is made by a member of a collaborative
force.
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(3ZB)
A person who is a senior authorising officer by reference to the
surveillance authorising force may—
(a)
grant the authorisation;
(b)
in a case where the authorisation is for the carrying out of
intrusive surveillance in relation to any residential premises,
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grant the authorisation only in relation to premises in the area
which is—
(i)
the area of operation of a collaborative force; and
(ii)
specified in relation to members of that force in the
agreement mentioned in subsection (3ZA).
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(3ZC)
For the purposes of subsection (3ZB) a police force is a collaborative
force if—
(a)
its chief officer of police is a party to the agreement mentioned
in subsection (3ZA); and
(b)
its members are permitted by the terms of the agreement to
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make applications for authorisations for the carrying out of
intrusive surveillance to a person who is a senior authorising
officer by reference to the surveillance authorising force.”
(6)
After subsection (5) insert—
“(5A)
In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police
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force is to the following—