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Policing and Crime Bill


Policing and Crime Bill
Part 1 — Police reform

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Police co-operation

5       

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

5

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

15

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.

25

(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

35

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;

 
 

Policing and Crime Bill
Part 1 — Police reform

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(c)   

staff;

(d)   

services;

(e)   

facilities.

(4)   

A police authority may make an agreement which includes provision

about the discharge of functions by employees who are under the

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direction and control of a chief officer only with the approval of that

chief officer.

(5)   

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

more police authorities or police forces.

10

(6)   

Before making an agreement a police authority must consult the chief

officer of the police force maintained by the authority.

(7)   

An agreement under this section is referred to in this Part as a police

authority collaboration agreement.

23B     

Collaboration agreements: payments

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(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

made or the manner in which those authorities are to be

20

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

provision made under subsection (1).

25

(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

(b)   

in relation to a police authority collaboration agreement, means

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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.

23C     

Collaboration agreements: consultation and supplemental

35

(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

cases or circumstances.

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(4)   

A collaboration agreement may be varied by a subsequent

collaboration agreement.

 
 

Policing and Crime Bill
Part 1 — Police reform

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(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

23A(6) applies to an agreement under this subsection.

23D     

Collaboration agreements: accountability

(1)   

Where a chief officer makes a police force collaboration agreement, the

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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

(b)   

while so acting, is under the direction and control of the chief

officer.

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(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

connection with the agreement.

(3)   

When deciding what arrangements to make, the police authority shall,

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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.

(4)   

The functions conferred on a police authority under this section do not

affect any other function of holding a chief officer to account.

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23E     

Collaboration agreements: publication

(1)   

A person who makes a collaboration agreement must—

(a)   

publish the agreement, or

(b)   

publish the fact that the agreement has been made and such

other details about it as the person thinks appropriate.

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(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).

23F     

Collaboration agreements: guidance

(1)   

The Secretary of State may give chief officers or police authorities

30

guidance about collaboration agreements or related matters.

(2)   

In discharging their functions, chief officers and police authorities must

have regard to the guidance.

23G     

Collaboration agreements: directions

(1)   

The Secretary of State may give chief officers or police authorities

35

directions about collaboration agreements or related matters.

(2)   

A direction may be given to—

(a)   

one or more chief officers;

(b)   

one or more police authorities.

(3)   

A person to whom a direction is given must comply with it.

40

(4)   

A direction may, in particular—

(a)   

require two or more persons to make, or prohibit them from

making, a collaboration agreement;

 
 

Policing and Crime Bill
Part 1 — Police reform

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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;

(d)   

specify terms to be included, or not to be included, in

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collaboration agreements.

(5)   

A direction may relate to—

(a)   

a particular agreement,

(b)   

agreements of a particular description, or

(c)   

agreements in general.

10

(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

notice to the parties to the agreement.

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(2)   

A notice under this section may provide for the termination of the

agreement with immediate effect or at the end of a specified period.

(3)   

Before giving a notice under this section the Secretary of State must

consult the parties to the agreement.

23I     

Collaboration agreements: definitions

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(1)   

This section has effect for the purposes of sections 23 to 23H.

(2)   

“Police force” includes—

(a)   

the British Transport Police Force, and

(b)   

the Civil Nuclear Constabulary.

(3)   

“Chief officer” means—

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(a)   

in relation to the British Transport Police Force, the Chief

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

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that force.

(4)   

“Police authority” includes—

(a)   

the British Transport Police Authority, and

(b)   

the Civil Nuclear Police Authority.”

6       

Authorisations to interfere with property etc

35

(1)   

Section 93 of the Police Act 1997 (c. 50) (rules for grant of authorisations) is

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

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(ii)   

in a case where the chief officer of police of that force

(“the authorising force”) has made an agreement under

 
 

Policing and Crime Bill
Part 1 — Police reform

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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)”.

(4)   

After subsection (3) insert—

5

“(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

(ii)   

its members are permitted by the terms of the agreement

10

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—

(i)   

any police force maintained under section 2 of the Police

15

Act 1996 (police forces in England and Wales outside

London);

(ii)   

the metropolitan police force; and

(iii)   

the City of London police force.”

(5)   

In subsection (6)—

20

(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

whom an application is made by virtue of subsection

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(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

force in the agreement mentioned in subsection

30

(3)(za)(ii);”; and

(c)   

in paragraph (b), for “that subsection” substitute “subsection (5)”.

7       

Authorisations for obtaining and disclosing communications data

(1)   

The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.

(2)   

In section 22 (obtaining and disclosing communications data) after subsection

35

(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; and

(b)   

the chief officer of police of that force has made an agreement

40

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

conduct to which this Chapter applies.

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Policing and Crime Bill
Part 1 — Police reform

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(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

(b)   

the persons holding offices, ranks or positions with it are

5

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—

(a)   

any police force maintained under section 2 of the Police Act

10

1996 (police forces in England and Wales outside London);

(b)   

the metropolitan police force; and

(c)   

the City of London police force.

(3E)   

Subsection (3F) applies if—

(a)   

a person is the designated person by reference to an office, rank

15

or position with a Scottish police force; and

(b)   

the chief constable of that force has made an agreement under

section 12(1) of the Police (Scotland) Act 1967 with the chief

constable of one or more other Scottish police forces.

(3F)   

The designated person may grant an authorisation for persons holding

20

offices, ranks or positions with a collaborative force to engage in any

conduct to which this Chapter applies.

(3G)   

For the purposes of subsection (3F) a Scottish police force is a

collaborative force if—

(a)   

its chief constable is a party to the agreement mentioned in

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subsection (3E)(b); and

(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.

(3H)   

A reference in subsections (3E) to (3G) to a Scottish police force is to a

30

police force maintained under or by virtue of section 1 of the Police

(Scotland) Act 1967.

(3I)   

Subsections (3B) and (3F) are subject to subsection (5).”

(3)   

In section 23 (form and duration of authorisations and notices), in subsection

(3) at the end insert “(subject to subsections (3A) and (3D))”.

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(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—

(a)   

the person giving the notice holds an office, rank or position

with a police force (“notifying force”);

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(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

(c)   

the person specified in or otherwise identified in the notice

holds an office, rank or position with a collaborative force.

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Policing and Crime Bill
Part 1 — Police reform

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(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

in subsection (3A)(b); and

(b)   

the persons holding offices, ranks or positions with it are

5

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

force.

(3C)   

A reference in subsections (3A) and (3B) to a police force is to the

10

following—

(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.

15

(3D)   

The provisions of a notice under section 22(4) may also specify or

otherwise identify a person for the purposes of subsection (3)(b) above

if—

(a)   

the person giving the notice holds an office, rank or position

with a Scottish police force (“Scottish notifying force”);

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(b)   

the chief constable of the Scottish notifying force has made an

agreement under section 12(1) of the Police (Scotland) Act 1967

with the chief constable of one or more other Scottish police

forces; and

(c)   

the person specified in or otherwise identified in the notice

25

holds an office, rank or position with a collaborative force.

(3E)   

For the purposes of subsection (3D) a Scottish police force is a

collaborative force if—

(a)   

its chief constable is a party to the agreement mentioned in

subsection (3D)(b); and

30

(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 Scottish

notifying force.

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(3F)   

A reference in subsections (3D) and (3E) to a Scottish police force is to a

police force maintained under or by virtue of section 1 of the Police

(Scotland) Act 1967.”

8       

Authorisations of covert human intelligence sources: conditions

(1)   

Section 29 of the Regulation of Investigatory Powers Act 2000 (c. 23)

40

(authorisation of covert human intelligence sources) is amended as follows.

(2)   

In subsection (2) for paragraph (c) substitute—

“(c)   

that arrangements exist for the source’s case that satisfy—

(i)   

the requirements of subsection (4A), in the case of a

source of a relevant collaborative unit;

45

(ii)   

the requirements of subsection (4B), in the case of a

source of a relevant Scottish collaborative unit;

 
 

 
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