Session 2010 - 11
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Police Reform and Social Responsibility Bill


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

151

 

     (11)  

The second case is where the complaint relates to a direction and

control matter.

     (12)  

On an appeal under this paragraph, subject to sub-paragraphs (13)

and (14), the relevant appeal body shall—

(a)   

determine whether any decision taken by the appropriate

5

authority under this paragraph should have been taken in

the case in question; and

(b)   

if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

thinks appropriate to the local policing body or chief

10

officer as to the action to be taken for handling the

complaint in accordance with this Schedule or handling it

otherwise than in accordance with this Schedule;

           

and it shall be the duty of a local policing body or chief officer to

comply with any directions given under paragraph (b).

15

     (13)  

Sub-paragraph (12) does not apply in a case where a particular

chief officer of police is—

(a)   

the person in respect of whose decision the appeal is made

under this paragraph, and

(b)   

the relevant appeal body in relation to the appeal.

20

     (14)  

In such a case—

(a)   

the appeal shall determine whether any decision taken by

the appropriate authority under this paragraph should

have been taken in the case in question; and

(b)   

if the appeal finds in the complainant’s favour, the chief

25

officer of police must take such action as the chief officer

thinks appropriate for handling the complaint in

accordance with this Schedule or handling it otherwise

than in accordance with this Schedule.”.

18         

For paragraph 9 and the italic heading that precedes it (Appeals relating to

30

local resolution) substitute—

“Appeals relating to complaints dealt with other than by investigation

8A    (1)  

The complainant shall have a right of appeal to the relevant appeal

body against the outcome of any complaint that is—

(a)   

subjected to local resolution, or

35

(b)   

handled otherwise than in accordance with this Schedule.

      (2)  

But the complainant has no right of appeal if the complaint relates

to a direction and control matter.

      (3)  

On an appeal under this paragraph, subject to sub-paragraphs (4)

and (5), the relevant appeal body shall—

40

(a)   

determine whether the outcome of the complaint is a

proper outcome; and

(b)   

if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

thinks appropriate to the appropriate authority as to the

45

action to be taken in relation to the complaint;

 
 

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

152

 

           

and it shall be the duty of the appropriate authority to comply

with any directions given under paragraph (b).

      (4)  

Sub-paragraph (3) does not apply in a case where a chief officer of

police is the relevant appeal body in relation to the appeal.

      (5)  

In such a case—

5

(a)   

the appeal shall determine whether the outcome of the

complaint is a proper outcome; and

(b)   

if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate in relation to the complaint.”.

10

19    (1)  

Paragraph 21 (power of the Commission to discontinue an investigation) is

amended in accordance with this paragraph.

      (2)  

After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule)

insert—

    “(7)  

The complainant shall have a right of appeal to the relevant appeal

15

body against any decision by the appropriate authority under sub-

paragraph (1A) to discontinue the investigation of the complaint.

      (8)  

But the complainant has no right of appeal if the complaint relates

to a direction and control matter.

      (9)  

On an appeal under this paragraph, subject to sub-paragraphs (10)

20

and (11), the relevant appeal body shall—

(a)   

determine whether any decision taken by the appropriate

authority under this paragraph should have been taken in

the case in question; and

(b)   

if the relevant appeal body finds in the complainant’s

25

favour, give such directions as the relevant appeal body

thinks appropriate to the local policing body or chief

officer as to the action to be taken for investigating the

complaint;

           

and it shall be the duty of a local policing body or chief officer to

30

comply with any directions given under paragraph (b).

     (10)  

Sub-paragraph (9) does not apply in a case where a particular chief

officer of police is—

(a)   

the person in respect of whose decision an appeal is made

under this paragraph, and

35

(b)   

the relevant appeal body in relation to the appeal.

     (11)  

In such a case—

(a)   

the appeal shall determine whether any decision taken by

the appropriate authority under this paragraph should

have been taken in the case in question; and

40

(b)   

if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate for investigating the complaint.”.

20    (1)  

In the italic heading that precedes paragraph 25 (appeals to the Commission

with respect to an investigation), omit “to the Commission”.

45

 
 

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

153

 

      (2)  

Paragraph 25 is amended in accordance with the following provisions of this

paragraph.

      (3)  

In sub-paragraph (2)

(a)   

in the words before sub-paragraph (a), for “to the Commission”

substitute “to the relevant appeal body”;

5

(b)   

in the words after sub-paragraph (d)—

(i)   

for “Commission” substitute “relevant appeal body”;

(ii)   

after “this paragraph” insert “(except that the duty to notify

the appropriate authority does not apply where that

authority is the relevant appeal body)”.

10

      (4)  

After sub-paragraph (2) insert—

  “(2ZA)  

But the complainant has no right of appeal if the complaint relates

to a direction and control matter.”.

      (5)  

In sub-paragraph (5), for “Commission” (in each place) substitute “relevant

appeal body”.

15

      (6)  

In sub-paragraph (6)—

(a)   

for “Commission” (in the first place) substitute “relevant appeal

body”;

(b)   

after “any matter” insert “—

(a)   

in a case where the Commission is the relevant

20

appeal body,”;

(c)   

at the end insert “; and

(b)   

in a case where the appropriate authority is the

relevant appeal body, that authority shall take such

steps as it considers appropriate for securing that

25

the complainant is properly informed.”.

      (7)  

In sub-paragraph (7), for “sub-paragraph (6)” substitute “sub-paragraph

(6)(a)”.

      (8)  

In sub-paragraph (8)—

(a)   

after “reconsidered,” insert “in a case where the Commission is the

30

relevant appeal body”;

(b)   

at the end of paragraph (b) insert “; and

         

in a case where the appropriate authority is the relevant

appeal body, that authority shall re-investigate the

complaint.”.

35

      (9)  

In sub-paragraph (9), for “Commission” (in each place) substitute “relevant

appeal body”;

     (10)  

In sub-paragraph (9A)—

(a)   

for “Commission” substitute “relevant appeal body”;

(b)   

for “it shall direct the appropriate authority” substitute “in a case

40

where the Commission is the relevant appeal body it shall direct the

appropriate authority to, or in a case where the appropriate authority

is the relevant appeal body it shall”;

(c)   

in sub-paragraph (a)—

(i)   

omit “to”;

45

(ii)   

omit “the Commission’s”;

 
 

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

154

 

(d)   

in sub-paragraph (b), omit “to”.

     (11)  

In sub-paragraph (10)—

(a)   

in the words before paragraph (a), for “Commission” substitute

“relevant appeal body”;

(b)   

in sub-paragraph (a), after “authority” insert “(unless it is the

5

relevant appeal body)”;

(c)   

in sub-paragraph (d), for “Commission” substitute “relevant appeal

body”.

     (12)  

In sub-paragraph (11), for “The Commission” substitute “In a case where the

Commission is the relevant appeal body, it”.

10

     (13)  

In sub-paragraph (13), for “Commission” substitute “relevant appeal body”.

21         

In paragraph 29 (minor definitions), before the definition of “gross

misconduct” insert—

““direction and control matter” means a matter that relates to

the direction and control of a police force by—

15

(a)   

the chief officer of police of that force, or

(b)   

a person for the time being carrying out the

functions of the chief officer of police of that force;”.

22         

After paragraph 29 insert—

“Appeals: the relevant appeal body

20

30    (1)  

The relevant appeal body in relation to an appeal is—

(a)   

the Commission, in a case where the relevant complaint

falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes

of this paragraph; or

25

(b)   

the chief officer of police who is the appropriate authority

in relation to the relevant complaint, in any other case.

      (2)  

In this paragraph and paragraphs 31 and 32—

“appeal” means an appeal under paragraph 7(8), 8A, 21(7) or

25(2);

30

“relevant complaint”, in relation to an appeal, means the

complaint to which the appeal relates.

31    (1)  

This paragraph applies in a case where—

(a)   

an appeal is made to the Commission, and

(b)   

the appropriate authority is the relevant appeal body in

35

relation to the appeal.

      (2)  

The Commission must—

(a)   

forward the appeal to the appropriate authority; and

(b)   

notify the person who made the appeal—

(i)   

that the appropriate authority is the relevant

40

appeal body; and

(ii)   

the appeal has been forwarded.

      (3)  

The appeal is to be taken to have been—

(a)   

made to the appropriate authority, and

 
 

Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 1 — Chief officers of police to remain in post

155

 

(b)   

so made at the time when it is forwarded to the

appropriate authority.

32    (1)  

This paragraph applies in a case where—

(a)   

an appeal is made to the appropriate authority; and

(b)   

the Commission is the relevant appeal body in relation to

5

the appeal.

      (2)  

The appropriate authority must—

(a)   

forward the appeal to the Commission; and

(b)   

notify the person who made the appeal—

(i)   

that the Commission is the relevant appeal body;

10

and

(ii)   

the appeal has been forwarded.

      (3)  

The appeal is to be taken to have been—

(a)   

made to the Commission; and

(b)   

so made at the time when it is forwarded to the

15

Commission.”.

Schedule 15

Section 99

 

Police reform: transitional provision

Part 1

Chief officers of police to remain in post

20

1     (1)  

This paragraph applies in relation to a police area listed in Schedule 1 to the

Police Act 1996 if, immediately before section 2 comes into force in relation

to that police area, a person is in post as the chief constable of the police force

for that area.

      (2)  

That person becomes the new chief constable of that police force.

25

      (3)  

In this paragraph “new chief constable” means the chief constable

established for that police area under section 2 of this Act.

2     (1)  

This paragraph applies in relation to the metropolitan police district if,

immediately before section 4 comes into force, a person is in post as the

Commissioner of Police of the Metropolis.

30

      (2)  

That person becomes the new Commissioner of Police of the Metropolis.

      (3)  

In this paragraph “new Commissioner of Police of the Metropolis” means

the new Commissioner of Police of the Metropolis established under section

4 of this Act.

3     (1)  

Any relevant legislative provision which, immediately before the relevant

35

commencement day, applied to chief constables of police forces maintained

under section 2 of the Police Act 1996 is to apply in the same way to chief

constables established under section 2 of this Act (except where the context

otherwise requires).

 
 

Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 2 — Transfer schemes

156

 

      (2)  

Any relevant legislative provision which, immediately before the relevant

commencement day, applied to the Commissioner of Police of the

Metropolis is to apply in the same way to the Commissioner of Police of the

Metropolis established under section 4 of this Act (except where the context

otherwise requires).

5

      (3)  

Sub-paragraphs (1) and (2) are subject to any provision to the contrary

made—

(a)   

by or under this Act, or

(b)   

by any other Act passed, or subordinate legislation made, on or after

the passing of this Act.

10

      (4)  

In this paragraph—

“relevant commencement day” means—

(a)   

in relation to sub-paragraph (1), the day on which section 2

comes into force;

(b)   

in relation to sub-paragraph (2), the day on which section 4

15

comes into force;

“relevant legislative provision” means—

(a)   

provision of an Act made before the relevant commencement

day, or

(b)   

provision of an instrument made before the relevant

20

commencement day under a public general Act which is of a

legislative character;

but provision which applies only to specified chief constables of

police forces maintained under section 2 of the Police Act 1996 is not

relevant legislative provision.

25

Part 2

Transfer schemes

Power to direct existing police authority to make transfer scheme

4     (1)  

The Secretary of State may direct an existing police authority—

(a)   

to make one or more transfer schemes, and

30

(b)   

to submit such a scheme to the Secretary of State for approval.

      (2)  

If the Secretary of State gives a direction under sub-paragraph (1)(b), the

Secretary of State may—

(a)   

approve the scheme as submitted,

(b)   

approve the scheme with modifications, or

35

(c)   

reject the scheme.

      (3)  

Before making a decision under sub-paragraph (2), the Secretary of State

must—

(a)   

consult the existing police authority, and

(b)   

if the scheme includes provision about the transfer of staff, consult

40

persons who, in the Secretary of State’s opinion, represent the views

of the staff concerned.

      (4)  

If the Secretary of State gives a direction under sub-paragraph (1)(b), the

existing police authority—

 
 

Police Reform and Social Responsibility Bill
Schedule 15 — Police reform: transitional provision
Part 2 — Transfer schemes

157

 

(a)   

must not make the scheme unless the Secretary of State approves it,

and

(b)   

if the Secretary of State approves the scheme with modifications,

must make it with those modifications.

      (5)  

A direction under this paragraph—

5

(a)   

must be in writing; and

(b)   

may be varied or revoked by a further direction.

5     (1)  

The Secretary of State may make one or more transfer schemes in relation to

an existing police authority if—

(a)   

the authority does not comply with a direction given to it under

10

paragraph 4, or

(b)   

the Secretary of State decides not to approve one or more schemes

submitted by that authority under paragraph 4.

      (2)  

A scheme made by the Secretary of State under this paragraph is to be

treated as if made by the existing police authority.

15

Staff

6     (1)  

A transfer scheme may provide for a person employed by the existing police

authority under section 15 of the Police Act 1996 to become—

(a)   

a member of the staff of the new policing body,

(b)   

a member of the civilian staff of the police force, or

20

(c)   

a member of staff of a local authority.

      (2)  

The scheme may provide that a contract of employment which the person

had before becoming a member of the staff of the new policing body is to

have effect (subject to any modifications) as if originally made between that

person and that body.

25

      (3)  

The scheme may provide that a contract of employment which the person

had before becoming a member of the civilian staff of a police force is to have

effect (subject to any modifications) as if originally made between that

person and the chief officer.

      (4)  

The scheme may provide that a contract of employment which the person

30

had before becoming a member of the staff of a local authority is to have

effect (subject to any modifications) as if originally made between that

person and that local authority.

7     (1)  

A transfer scheme may provide, in the case of a person who is seconded to

the existing police authority, that the secondment is to have effect as a

35

secondment to—

(a)   

the staff of the new policing body,

(b)   

the civilian staff of the police force, or

(c)   

a member of staff of a local authority.

      (2)  

The scheme may make provision as to the terms and conditions which are to

40

have effect as the terms and conditions of the person’s secondment.

8     (1)  

A transfer scheme may provide for the transfer to the new policing body of

the rights, powers, duties and liabilities of the employer under or in

connection with the contract of employment of a person who becomes a

member of the staff of that body.

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Revised 18 February 2011