|
| |
|
(11) | The second case is where the complaint relates to a direction and |
| |
| |
(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 |
| |
(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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
| 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 |
(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) |
| |
| |
“(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 |
| |
| |
| 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 |
| |
| |
(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. |
| |
| |
(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 |
|
| |
|
| |
|
(2) | Paragraph 25 is amended in accordance with the following provisions of this |
| |
| |
| |
(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 |
| |
| 15 |
(6) | In sub-paragraph (6)— |
| |
(a) | for “Commission” (in the first place) substitute “relevant appeal |
| |
| |
(b) | after “any matter” insert “— |
| |
(a) | in a case where the Commission is the relevant |
| 20 |
| |
(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 |
| |
| |
(8) | In sub-paragraph (8)— |
| |
(a) | after “reconsidered,” insert “in a case where the Commission is the |
| 30 |
| |
(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 |
| |
| 35 |
(9) | In sub-paragraph (9), for “Commission” (in each place) substitute “relevant |
| |
| |
(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)— |
| |
| 45 |
(ii) | omit “the Commission’s”; |
| |
|
| |
|
| |
|
(d) | in sub-paragraph (b), omit “to”. |
| |
(11) | In sub-paragraph (10)— |
| |
(a) | in the words before paragraph (a), for “Commission” substitute |
| |
| |
(b) | in sub-paragraph (a), after “authority” insert “(unless it is the |
| 5 |
| |
(c) | in sub-paragraph (d), for “Commission” substitute “relevant appeal |
| |
| |
(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 |
| |
| |
““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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
(ii) | the appeal has been forwarded. |
| |
(3) | The appeal is to be taken to have been— |
| |
(a) | made to the appropriate authority, and |
| |
|
| |
|
| |
|
(b) | so made at the time when it is forwarded to the |
| |
| |
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 |
| |
(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 |
| |
(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 |
| |
| |
| |
Police reform: transitional provision |
| |
| |
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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(3) | Sub-paragraphs (1) and (2) are subject to any provision to the contrary |
| |
| |
(a) | by or under this Act, or |
| |
(b) | by any other Act passed, or subordinate legislation made, on or after |
| |
| 10 |
| |
“relevant commencement day” means— |
| |
(a) | in relation to sub-paragraph (1), the day on which section 2 |
| |
| |
(b) | in relation to sub-paragraph (2), the day on which section 4 |
| 15 |
| |
“relevant legislative provision” means— |
| |
(a) | provision of an Act made before the relevant commencement |
| |
| |
(b) | provision of an instrument made before the relevant |
| 20 |
commencement day under a public general Act which is of a |
| |
| |
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 |
| |
| |
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 |
| |
| |
(a) | approve the scheme as submitted, |
| |
(b) | approve the scheme with modifications, or |
| 35 |
| |
(3) | Before making a decision under sub-paragraph (2), the Secretary of State |
| |
| |
(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 |
| |
| |
(4) | If the Secretary of State gives a direction under sub-paragraph (1)(b), the |
| |
existing police authority— |
| |
|
| |
|
| |
|
(a) | must not make the scheme unless the Secretary of State approves it, |
| |
| |
(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 |
| |
(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 |
| |
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 |
| |
| 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 |
| |
(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. |
| 45 |
|
| |
|