Police Reform and Social Responsibility Bill

Session 2010 - 11
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Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
137

Schedule 12
Section 90

Collaboration agreements
1
The Police Act 1996 is amended as follows.
2     (1)
Section 23 (police force collaboration agreements) is amended in accordance
with this paragraph.
5
      (2)
In the title, for “Police force collaboration agreements” substitute
“Collaboration agreements involving police forces”.
      (3)
Omit subsection (1).
      (4)
In subsection (2), for the words before paragraph (a) substitute—
“(2)
Force collaboration provision may, in particular, consist of
10
provision—”.
      (5)
Omit subsection (3).
      (6)
In subsection (4), for “An agreement” substitute “A collaboration
agreement”.
      (7)
In subsection (5), for “an agreement” substitute “a collaboration agreement”.
15
      (8)
Omit subsections (6), (7) and (8).
3     (1)
Section 23A (police authority collaboration agreements) is amended in
accordance with this section.
      (2)
For the title substitute “Collaboration agreements involving policing
bodies”.
20
      (3)
Omit subsection (1).
      (4)
In subsection (2)—
(a)
for the words before paragraph (a) substitute—
“(2)
Policing body collaboration provision, or policing body &
force collaboration provision, may, in particular, consist of
25
provision—”;
(b)
in paragraphs (a) and (b), for “authorities” substitute “policing
bodies”;
(c)
in paragraph (c)—
(i)
for “an authority” substitute “a policing body”;
30
(ii)
for “another authority” (in each place) substitute “another
policing body”.
      (5)
In subsection (3), for “In this section” substitute “In relation to policing body
collaboration provision, or policing body & force collaboration provision,”.
      (6)
Omit subsection (4).
35
      (7)
In subsection (5)—
(a)
for “A police authority may make an agreement” substitute “A
policing body may make a collaboration agreement”;
(b)
for “police authorities” substitute “policing bodies”.

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
138

      (8)
For subsection (6), substitute—
“(6)
A policing body must consult the chief officer of police of the police
force which the body is responsible for maintaining before making a
collaboration agreement (unless that chief officer is a party to the
agreement).”.
5
      (9)
Omit subsection (7).
4     (1)
Section 23B (collaboration agreements: payments) is amended in accordance
with this paragraph.
      (2)
In subsection (1), for “relevant police authorities” substitute “parties to the
agreement”.
10
      (3)
In subsection (2)—
(a)
after “may” insert “in the case of policing bodies or chief officers of
police who are parties to the agreement”;
(b)
in paragraph (a), for “authorities” (in each place) substitute “policing
bodies or chief officers of police”.
15
      (4)
In subsection (3), for “A relevant police authority” substitute “A policing
body or chief officer of police”.
      (5)
Omit subsections (4) and (5).
5     (1)
Section 23C (collaboration agreements: consultation and supplemental) is
amended in accordance with this paragraph.
20
      (2)
Omit subsection (1).
      (3)
After subsection (5) insert—
“(6)
If circumstances are such that one or more of the parties to a
collaboration agreement would not, at a particular time, have power
to enter into a collaboration agreement of that description (whether
25
because of a failure to meet the requirements of section 22A(1) or (5)
or otherwise) each person who does not have that power must cease
to be a party to the agreement.”.
6     (1)
Section 23D (collaboration agreements: accountability) is amended as
follows.
30
      (2)
In subsection (1)—
(a)
for “police force collaboration agreement” substitute “collaboration
agreement”;
(b)
for “police authority” substitute “policing body”.
      (3)
In subsection (2), for “approving an agreement as mentioned in section 23(6),
35
a police authority” substitute “making a collaboration agreement to which a
chief officer of police is to be a party, a policing body”.
      (4)
On subsection (3)—
(a)
for “police authority” (in each place) substitute “policing body”;
(b)
for “consider making” substitute “make”.
40
      (5)
In subsection (4), for “police authority” substitute “policing body”.

Police Reform and Social Responsibility Bill
Schedule 12 — Collaboration agreements
139

7
In section 23E (collaboration agreements: publication), in subsection (2), for
the words before “must” substitute “In a case where information is notified
to a chief officer of police under section 23D(2), that information”.
8
In section 23F (collaboration agreements: guidance), for “police authorities”
(in each place) substitute “policing bodies”.
5
9
In section 23G (collaboration agreements: directions), in subsections (1) and
(2), for “police authorities” substitute “policing bodies”.
10
After section 23H insert—
“23HA
  Decisions about efficiency or effectiveness
In reaching a conclusion about whether or not a collaboration
10
agreement is, or would be, in the interests of efficiency or
effectiveness of one or more police forces (the “police forces under
consideration”), a person must, in particular, consider—
(a)
the existing collaboration agreements, and other
arrangements for co-operation, to which the police forces
15
under consideration are parties;
(b)
the desirability of police forces taking a consistent approach
in making such agreements and other arrangements; and
(c)
the opportunities available to the police forces under
consideration to make such agreements and other
20
arrangements.”.
11    (1)
Section 23I (collaboration agreements: definitions) is amended in accordance
with this paragraph.
      (2)
In subsection (1), for “23” substitute “22A”.
      (3)
In subsection (4), for the words before paragraph (a) insert—
25
“(4)
“Policing body” means—
(aa)
a local policing body,”.
      (4)
After subsection (4) insert—
“(5)
The following expressions have the meanings given in section 22A—
“collaboration agreement”;
30
“force collaboration provision”;
“policing body collaboration provision”;
“policing body & force collaboration provision”.
(6)
References to the police force which a policing body is responsible
for maintaining include—
35
(a)
in the case of the British Transport Police Authority, the
British Transport Police, and
(b)
in the case of the Civil Nuclear Police Authority, the Civil
Nuclear Constabulary.
(7)
References to a police force include—
40
(a)
references to the special constables appointed by a chief
officer of police, and
(b)
references to the civilian employees of the police force;

Police Reform and Social Responsibility Bill
Schedule 13 — Police powers for civilian employees under collaboration agreements
140


and references to the members of a police force are to be read
accordingly.
(8)
For that purpose “civilian employee” means—
(a)
in the case of a police force maintained under section 2 or 5A,
the members of the civilian staff of that force;
5
(b)
in the case of any other police force, the employees of the
policing body responsible for maintaining that force who are
under the direction and control of the chief officer of police of
that force.”.
Schedule 13
10
Section 91

Police powers for civilian employees under collaboration agreements
Police Act 1996
1
After section 23A of the Police Act 1996 insert—
“23AA
  Force collaboration provision about civilian employees
(1)
This section applies to force collaboration provision, contained in a
15
collaboration agreement, which is about the discharge of functions
by designated civilian employees of one police force (the “assisting
force”) for the purposes of another police force (the “assisted force”).
(2)
The force collaboration provision must specify—
(a)
the functions which the designated civilian employees are
20
permitted by the collaboration agreement to discharge for the
purposes of the assisted force, and
(b)
any restrictions or conditions on that permission for the
designated civilian employees to discharge those functions.
(3)
The force collaboration provision must not permit the designated
25
civilian employees to discharge functions for the purposes of the
assisted force unless those employees are, by virtue of the relevant
section 38 designation, authorised to discharge those functions for
the purposes of the assisting force.
(4)
The force collaboration provision does not authorise the designated
30
civilian employees to discharge functions for the purposes of the
assisted force (but see section 38B of the Police Reform Act 2002).
(5)
References in this section to the discharge of functions by civilian
employees of the assisting force for the purposes of the assisted force
include references to—
35
(a)
the joint discharge of functions by the civilian employees and
members of the assisted police force,
(b)
the discharge of functions by the civilian employees in the
assisted force’s area, and
(c)
the provision of the civilian employees to the assisted force.
40
(6)
In this section—

Police Reform and Social Responsibility Bill
Schedule 13 — Police powers for civilian employees under collaboration agreements
141

“designated”, in relation to a civilian employees of a police
force, means designated by the chief officer of police of that
force by a section 38 designation;
“relevant section 38 designation”, in relation to a designated
civilian employees, means the section 38 designation relating
5
to the employee;
“section 38 designation” means a designation under section 38
of the Police Reform Act 2002.”.
Police Reform Act 2002
2
The Police Reform Act 2002 is amended as follows.
10
3
After section 38A insert—
“38B
Police powers for civilian employees under collaboration agreements
(1)
The chief officer of police of a police force (the “assisted force”) may
designate a person (“C”) who—
(a)
is a civilian employee of another police force (the “assisting
15
force”),
(b)
is designated under section 38 by the chief officer of police of
the assisting police force (the “section 38 designation”), and
(c)
is permitted, under relevant police collaboration provision,
to discharge powers and duties specified in that provision for
20
the purposes of the assisted force.
(2)
The designation under subsection (1) (the “collaboration
designation”) must designate C as an officer of one or more of the
descriptions specified in section 38(2).
(3)
The collaboration designation may designate C as an officer of a
25
particular description specified in section 38(2) only if the section 38
designation designates C as an officer of that description.
(4)
C shall have the powers and duties conferred or imposed on C by the
collaboration designation.
(5)
A power or duty may be conferred or imposed on C by the
30
collaboration designation only if C is permitted, under the relevant
police collaboration provision, to discharge that power or duty for
the purposes of the assisted force.
(6)
C shall not be authorised or required by virtue of the collaboration
designation to engage in any conduct otherwise than in the course of
35
discharging a power or duty conferred or imposed on C by the
collaboration designation.
(7)
The collaboration designation must specify the restrictions and
conditions to which C is subject in the discharge of the powers and
duties conferred or imposed by the collaboration designation.
40
(8)
Those restrictions and conditions must include the restrictions and
conditions specified in the relevant police collaboration provision.
(9)
C is authorised or required to discharge any power or duty conferred
or imposed by the collaboration designation subject to the
restrictions and conditions specified in the collaboration designation.
45

Police Reform and Social Responsibility Bill
Schedule 13 — Police powers for civilian employees under collaboration agreements
142

(10)
References in this section to the discharge of functions by civilian
employees of the assisting force for the purposes of the assisted force
have the same meaning as in section 23B of the Police Act 1996.
(11)
In this section—
“civilian employee” has the meaning given by section 23I of the
5
Police Act 1996;
“relevant police collaboration provision” means provision,
contained in a collaboration agreement under section 22A of
the Police Act 1996, which is of the kind referred to in section
23AA of that Act.
10
38C
Designations under section 38B: supplementary provision
(1)
The collaboration designation of C must be in accordance with the
relevant police collaboration provision.
(2)
Subsection (1) is in addition to section 38B(5) and (8).
(3)
Subsections (8) and (9) of section 38 apply to any power exercisable
15
by C in reliance on the collaboration designation as they apply to a
power exercisable by a person in reliance on a designation under
section 38.
(4)
In exercising or performing any power or duty in reliance on the
collaboration designation, C is to be taken—
20
(a)
as exercising or performing that power or duty in reliance on
that collaboration designation (and not in reliance on any
designation under section 38); and
(b)
accordingly, as not being a designated person (within the
meaning of section 46(1)) by virtue of any designation under
25
section 38.
(5)
Expressions used in this section and section 38B have the same
meanings in this section as in section 38B.”.
4     (1)
Section 42 (supplementary provisions relating to designations and
accreditations) is amended in accordance with this paragraph.
30
      (2)
In subsection (1), after “section 38” insert “, 38B”.
      (3)
After subsection (2) insert—
“(2ZA)
A power exercisable by any person in reliance on a designation
under section 38B by the chief officer of police of the assisted force
shall, subject to subsection (2A), be exercisable only by a person
35
wearing such uniform as may be—
(a)
determined or approved for the purposes of this Chapter by
the chief officer of police of the assisting police force; and
(b)
identified or described in the designation.

In this subsection, “assisted force” and “assisting force” have the
40
same meanings as in section 38B.”.
      (4)
In subsection (2A), after “subsection (2)” insert “or (2ZA)”.
      (5)
In subsection (2B), after “section 38” insert “(in relation to subsection (2)) or
section 38B (in relation to subsection (2ZA))”.
      (6)
In subsection (3), after “section 38” insert “, 38B”.
45

Police Reform and Social Responsibility Bill
Schedule 14 — Police: complaints
143

      (7)
After subsection (7) insert—
“(7A)
For the purposes of determining liability for the unlawful conduct of
a civilian employee of a police force (within the meaning of section
38B), conduct by such an employee in reliance or purported reliance
on a designation under section 38B shall be taken to be conduct in the
5
course of the employee’s employment by the employer; and, in the
case of a tort, that employer shall fall to be treated as a joint tortfeasor
accordingly.”.
5
In section 46 (offences against designated and accredited persons etc), after
subsection (4) insert—
10
“(5)
References in this section to a designated person are to—
(a)
a designated person within the meaning given by section
47(1), and
(b)
a person in relation to whom a designation under section 38B
is for the time being in force.”.
15
Railways and Transport Safety Act 2003
6
In section 28 of the Railways and Transport Safety Act 2003 (exercise of
powers by civilians), after subsection (1)(aa) insert—
“(ab)
sections 38B and 38C (police powers for civilian employees
under collaboration agreements),”.
20
Schedule 14
Section 96

Police: complaints
Introduction
1
The Police Reform Act 2002 is amended in accordance with this Schedule.
Membership and proceedings of Independent Police Complaints Commission
25
2
In section 9(2)(b) (minimum number of members of Commission), for “ten”
substitute “five”.
3
In Schedule 2 (the Independent Police Complaints Commission), in
paragraph 10 (proceedings), omit sub-paragraph (6).
Complaints about policing
30
4
Omit section 14 (direction and control matters).
5     (1)
In section 29(1) (interpretation of Part 2), in the definition of “conduct” in
subsection (1), for “and statements” substitute “, statements and decisions”.
      (2)
In Schedule 3 (handling of complaints and conduct matters), in paragraph 4
(reference of complaints to the Commission), after sub-paragraph (7)
35
insert—
    “(8)
In a case where—
(a)
a complaint relates to a direction and control matter, and