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Police Reform Act 2002

Type Public General Act
Publication 2002-07-24
Last updated 2026-04-07
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In section 75(1) (conditional offers in England and Wales), at the end there shall be inserted “or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.”
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) In section 87 (guidance from the Secretary of State), after “areas” there shall be inserted “ and to the chief constable of the British Transport Police ”.
  • (6) In section 89 (interpretation of Part 3), after the definition of “authorised person” there shall be inserted—

“British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);

.

Property in possession of NCS

Application of the Police (Property) Act 1897 to NCS

77
  • (1) After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—

(2A) (1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police. (2) In relation to property that has come into the possession of the National Crime Squad— (a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and (b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad. (3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if— (a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and (b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.

  • (2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—

(2B) The relevant authority for the purposes of subsection (2A) is the police authority.

Part 5 — The Ministry of Defence Police

Ministry of Defence police serving with other forces

78

After section 2A of the Ministry of Defence Police Act 1987 (c. 4) (provision of assistance to other forces) there shall be inserted—

(2B) (1) This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police. (2) The member of the Ministry of Defence Police— (a) shall be under the direction and control of the chief officer of the relevant force; and (b) shall have the same powers and privileges as a member of that force. (3) In this section— - “British Transport Police Force” has the same meaning as in section 2 above; - “chief officer” means— 1. any chief officer of police of a police force for a police area in Great Britain; 2. the chief constable of the Police Service of Northern Ireland; 3. the Director General of the National Criminal Intelligence Service; 4. the Director General of the National Crime Squad; 5. the chief constable of the British Transport Police Force; or 6. the chief constable of the United Kingdom Atomic Energy Authority Constabulary; - “relevant force” means— 1. any police force for a police area in Great Britain; 2. the Police Service of Northern Ireland; 3. the National Criminal Intelligence Service; 4. the National Crime Squad; 5. the British Transport Police Force; or 6. the United Kingdom Atomic Energy Authority Constabulary; - “United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.

Disciplinary matters

79
  • (1) After section 3 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—

(3A) (1) The Secretary of State shall by regulations made by statutory instrument establish, or make provision for the establishment of, procedures for cases in which a member of the Ministry of Defence Police may be dealt with by suspension, dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution. (2) The regulations may provide— (a) for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead— (i) by a person or persons appointed in accordance with the regulations; or (ii) by the Ministry of Defence Police Committee; and (b) for decisions taken by or on behalf of the Secretary of State or the chief constable of the Ministry of Defence Police to be reviewed by a person or persons appointed by or in accordance with the regulations. (3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may— (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons; or (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations. (4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • (2) After section 4 of that Act there shall be inserted—

(4A) (1) Subject to subsection (2) below, a member of the Ministry of Defence Police who is dismissed, required to resign or reduced in rank by a decision taken— (a) in proceedings under regulations made in accordance with section 3A above, or (b) in proceedings for the purposes of any procedures established in accordance with an agreement or order under section 60 of the Police (Northern Ireland) Act 1998 (c. 32), may appeal to an appeals tribunal. (2) Subsection (1) above does not apply in the case of a person who has a right to apply to some other person for a review of the decision; and in that case that person may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank. (3) The Secretary of State may by regulations made by statutory instrument— (a) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77); (b) make provision as to procedure on appeals to appeals tribunals under this section; and (c) make provision enabling an appeals tribunal to require any person to attend a hearing and to give evidence or produce documents. (4) Regulations made by virtue of subsection (3)(c) above may, in particular, apply subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) or subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) with such modifications as may be set out in the regulations. (5) Where an appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way which— (a) appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against; and (b) is a way in which he could have been dealt with by the person who made the decision. (6) Any statutory instrument containing regulations under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “an appeals tribunal” means a tribunal constituted in accordance with regulations under subsection (3) above.

  • (3) In section 1 of that Act (establishment of Ministry of Defence Police), for subsection (5) there shall be substituted—

(5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee— (a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and (b) to exercise such other functions as may be conferred on it by or under this Act; and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.

  • (4) After section 6 of that Act there shall be inserted—

(6A) Any power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes.

Functions of inspectors of constabulary

80

Before section 5 of the Ministry of Defence Police Act 1987 (c. 4) there shall be inserted—

(4B) (1) The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police. (2) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection. (3) A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police. (4) The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct. (5) Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection. (6) In this section— - “the inspectors of constabulary” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16); - “the Scottish inspectors” means the inspectors of constabulary appointed under section 33 of the Police (Scotland) Act 1967 (c. 77). (4C) (1) Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate. (2) The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part— (a) would be against the interests of national security; or (b) might jeopardise the safety of any person. (3) The Secretary of State shall— (a) send a copy of the published report to the chief constable of the Ministry of Defence Police; and (b) invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify. (4) The Secretary of State shall arrange for— (a) any comments submitted by the chief constable in accordance with subsection (3) above, and (b) any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable, to be published in such manner as he considers appropriate.

Exemptions from firearms legislation

81
  • (1) After section 16A of the Firearms (Amendment) Act 1988 (c. 45) there shall be inserted—

(16B) (1) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment. (2) In this section “relevant premises” means premises used for any purpose of the Ministry of Defence Police.

  • (2) After Article 12A of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) there is inserted—

(12B) (1) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 6, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment. (2) In this Article “relevant premises” means premises used for any purpose of the Ministry of Defence Police.

Part 6 — Miscellaneous

Appointment and attestation of police officers etc.

Nationality requirements applicable to police officers etc.

82
  • (1) Irrespective of his place of birth, a person of any nationality may be—
  • (a) a member of a police force maintained for any police area in England and Wales ...;
  • (aa) a constable of the Police Service of Scotland;
  • (b) a member of the Police Service of Northern Ireland or of the Police Service of Northern Ireland Reserve;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) a member of the British Transport Police Force;
  • (e) a member of the Civil Nuclear Constabulary; or
  • (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (g) a special constable;

and, accordingly, irrespective of his place of birth such a person may be attested or appointed, and hold office, as a constable.

  • (2) Subsection (1) is subject to any provision falling within subsection which relates to qualification for appointment as a constable or as a special constable or for membership of, or for particular ranks, offices or positions with—
  • (a) any force or constabulary; ...
  • (aa) the Police Service of Scotland; or
  • (b) the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) Provision falls within this subsection if it is—
  • (a) provision made by regulations made under section 50 or 51 of the 1996 Act (regulations for police constables and for special constables);
  • (b) provision made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (governance and administration of police);
  • (c) provision made under section 25 or 26 of the Police (Northern Ireland) Act 1998 (c. 32) (regulations for police constables and for the constables in the Police Service of Northern Ireland Reserve); and
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) provision given effect to by any arrangements made for the purpose of regulating appointment to membership of the British Transport Police Force, or the Civil Nuclear Constabulary, or to particular ranks or positions with that Force or Constabulary.
  • (4) Without prejudice to the generality of any power conferred apart from this section, the provision falling within subsection (3) that may be made by any such regulations, terms and conditions or arrangements as are mentioned in that subsection may include provision imposing any of the following requirements—
  • (a) requirements with respect to the competence in written and spoken English of candidates for appointment;
  • (b) requirements with respect to the immigration status of such candidates;
  • (c) requirements with respect to nationality in the case of particular ranks, offices or positions;

and, in a case where the power to make provision with respect to qualification for appointment as a constable or as a special constable, or for membership of a force or Service , is exercisable by any such regulations as are mentioned in that subsection, the regulations made must impose requirements with respect to all the matters mentioned in paragraphs (a) and (b).

  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attestation of constables

83

For Schedule 4 to the 1996 Act there shall be substituted—

SCHEDULE 4 ’I....................of....................do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.’

Delegation of functions in relation to senior appointments

84

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Director General of NCIS

85

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Police members of NCIS

86

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Police members of NCS

87

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Regulations for NCIS

88

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Regulations for NCS

89

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Supplementary provisions about police membership of NCIS

90

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Supplementary provisions about police membership of NCS

91

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Bodies with functions in relation to the police

Police authorities to produce three-year strategy plans

92
  • (1) After section 6 of the 1996 Act there shall be inserted—

(6A) (1) Every police authority maintaining a police force for a police area in England and Wales shall, before the beginning of every relevant three-year period, issue a plan (“a three-year strategy plan”) which sets out the authority’s medium and long term strategies for the policing of that area during that period. (2) Before a three-year strategy plan for any period is issued by a police authority, a draft of a plan setting out medium and long term strategies for the policing of the authority’s area during that period must have been— (a) prepared by the chief officer of police of the police force maintained by that authority; and (b) submitted by him to the police authority for its consideration. (3) In preparing the draft plan, the chief officer of police of a police force shall have regard to the views, obtained in accordance with arrangements under section 96, of people in the police area in question. (4) A police authority which has issued a three-year strategy plan for any period may modify that plan at any time during that period. (5) It shall be the duty, in issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, of every police authority or chief officer of police to have regard to the National Policing Plan in force at that time. (6) The Secretary of State — (a) shall issue guidance to police authorities and chief officers of police as to the matters to be contained in any three-year strategy plan, and as to the form to be taken by any such plan; and (b) may from time to time revise and modify that guidance; and it shall be the duty of every police authority and chief officer of police to take account of any guidance under this subsection when issuing, preparing or modifying any such plan or any draft plan prepared for the purposes of subsection (2). (7) Before issuing or revising any guidance under subsection (6) the Secretary of State shall consult with— (a) persons whom he considers to represent the interests of police authorities; (b) persons whom he considers to represent the interests of chief officers of police; and (c) such other persons as he thinks fit. (8) A police authority which is proposing to issue or modify any plan under this section shall submit that plan, or the modifications, to the Secretary of State. (9) Where a police authority issues a three-year strategy plan or modifies such a plan, it shall— (a) send a copy of the plan or the modified plan to the Secretary of State; and (b) cause the plan or modified plan to be published; and the copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them. (10) If the Secretary of State considers that there are grounds for thinking that— (a) a police authority’s three-year strategy plan, or (b) any proposals by a police authority for such a plan, or for the modification of such a plan, may not be consistent with any National Policing Plan applicable to a financial year wholly or partly comprised in the period to which the strategy plan applies, he shall, before informing the police authority of his conclusions on whether or not it is in fact so inconsistent, consult with the persons mentioned in subsection (11). (11) Those persons are— (a) the police authority in question; (b) the chief officer of police of the police force maintained by that authority; (c) persons whom the Secretary of State considers to represent the interests of police authorities; and (d) persons whom the Secretary of State considers to represent the interests of chief officers of police. (12) Before a police authority— (a) issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the chief officer of police of the force maintained by that authority, or (b) modifies its three-year strategy plan, it shall consult with that chief officer. (13) Any best value performance plan prepared by a police authority under section 6 of the Local Government Act 1999 (c. 27) for any financial year must be consistent with any three-year strategy plan which sets out the authority’s current strategies for policing its area during any period which includes the whole or any part of that financial year. (14) The Secretary of State may by regulations make provision for— (a) the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section; and (b) the periods which are to constitute relevant three-year periods for the purposes of this section; and those regulations may provide for a period of less than three years to be the first period treated as a relevant three-year period for the purposes of this section. (15) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • (2) In section 8 of that Act (local policing plans), after subsection (2) there shall be inserted—

(2A) The local policing plan for any financial year must be consistent with any three-year strategy plan under section 6A which sets out the authority’s current strategies for the policing of its area during any period which includes the whole or any part of that financial year.

  • (3) In section 9(2) of that Act (annual report by police authorities to include assessment of extent to which local policing plan carried out), for the words from “the local policing plan” onwards there shall be substituted

, during that year proposals have been implemented, and things have been done, in accordance with the following plans— (a) the three-year strategy plan issued under section 6A for the period that includes that year; and (b) the local policing plan issued for that year under section 8.

Quorum for the Service Authorities under the 1997 Act

93

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Expenses of members of police authorities etc.

94

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Duties under the Health and Safety at Work etc. Act 1974

95

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President of ACPO

96

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Crime and disorder reduction partnerships

97
  • (1) The Crime and Disorder Act 1998 (c. 37) shall be amended as follows.
  • (2) In section 5 (authorities responsible for strategies), in subsection (1), after paragraph (b) there shall be inserted—

(c) every police authority any part of whose police area so lies; (d) every fire authority any part of whose area so lies; (e) if the local government area is in England, every Primary Care Trust the whole or any part of whose area so lies; and (f) if the local government area is in Wales, every health authority the whole or any part of whose area so lies.

  • (3) After subsection (1) of that section there shall be inserted—

(1A) The Secretary of State may by order provide in relation to any two or more local government areas in England— (a) that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and (b) that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area. (1B) The Secretary of State shall not make an order under subsection (1A) above unless— (a) an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and (b) he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.

  • (4) In subsection (2) of that section (consultation)—
  • (a) for paragraphs (a) and (b) there shall be substituted—

(b) every local probation board any part of whose area lies within the area;

  • (b) at the end of paragraph (c) there shall be inserted

; and (d) where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;

.

  • (5) In subsection (3) of that section, at the end there shall be inserted “and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.”
  • (6) After subsection (4) of that section, there shall be inserted—

(5) In this section— - “fire authority” means— 1. any fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41); 2. any metropolitan county fire and civil defence authority; or 3. the London Fire and Emergency Planning Authority; and - “police authority” means— 1. any police authority established under section 3 of the Police Act 1996 (c. 16); or 2. the Metropolitan Police Authority.

  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (13) In section 114—
  • (a) in subsection (1) (powers of Ministers exercisable by statutory instrument), after “Minister of the Crown” there shall be inserted “ or of the National Assembly for Wales ”; and
  • (b) in subsection (2) (orders subject to negative resolution procedure), for “5(2) or (3) or 10(6) above, or” there shall be substituted “ 5(1A), (2) or (3), 6A(1) or 10(6) above (other than one made by the National Assembly for Wales), or containing ”.
  • (14) In section 115(2) (authorities to which information may be disclosed for purposes connected with that Act), in paragraph (d)—
  • (a) in sub-paragraph (i), after “London borough council” there shall be inserted “ , a parish council ”; and
  • (b) in sub-paragraph (ii), for “or a county borough council” there shall be substituted “ , a county borough council or a community council ”.
  • (15) Section 5(1) (as amended by subsection (2) shall have effect in relation to a local government area in England at any time when that area or a part of it comprises or contains an area that is not included in the area of a Primary Care Trust, as if the reference to a Primary Care Trust the whole or part of whose area lies within the local government area included a reference to any health authority or strategic health authority whose area comprises or includes the area for which there is no Primary Care Trust.

Secretary of State’s functions in relation to strategies

98

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Power to modify functions and structure of PITO

99

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Metropolitan Police Authority housing

100
  • (1) In section 4(e) of the Housing Act 1985 (c. 68) (which defines local authorities for the purposes of the provisions of that Act, including those relating to secure tenancies), the words “the Metropolitan Police Authority” shall be omitted.
  • (2) In paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (c. 50) (local authority tenancies that cannot be assured tenancies), the words “and the Metropolitan Police Authority” shall be omitted.
  • (3) Nothing in subsection (1) or in any repeal made by this Act for the purposes of that subsection shall affect—
  • (a) the operation of Part 5 of the Housing Act 1985 (c. 68) (the right to buy) in relation to any case in which a person who had acquired a right to buy under that Part before the day on which this Act is passed either—
  • (i) had served a notice under section 122 of that Act (tenant’s notice claiming right to buy) on the Metropolitan Police Authority before that day; or
  • (ii) serves such a notice on that Authority in the period of three months beginning with that day;

or

  • (b) the extent to which, in any other case, any period falling before the day on which this Act is passed falls at any subsequent time to be treated as a period qualifying under any of the provisions of Schedule 4 to that Act.
  • (4) A tenancy which becomes an assured tenancy by virtue of this section shall be an assured shorthold tenancy unless (whenever it was entered into) it—
  • (a) falls within any of paragraphs 1 to 3 of Schedule 2A to the Housing Act 1988 (c. 50); or
  • (b) was an assured tenancy, but not an assured shorthold tenancy, immediately before it became a secure tenancy.

Provision of goods and services by police authorities

101

For section 18 of the 1996 Act (supply of goods and services) there shall be substituted—

(18) (1) Subsections (1) to (3) of section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39) (supply of goods and services by local authorities)— (a) shall apply, with the modification set out in subsection (2), to a police authority established under section 3 of this Act and to the Metropolitan Police Authority as they apply to a local authority; and (b) shall also apply with that modification in their application to the Common Council of the City of London in its capacity as the police authority for the City of London police force. (2) The modification is that references in those subsections to a public body shall be read as references to any person.

Liability for unlawful acts of constables etc.

Liability for wrongful acts of constables etc.

102
  • (1) Each of the enactments specified in subsection (2) shall be amended as follows—
  • (a) for the words “torts committed by”, in each place where they occur, there shall be substituted “ any unlawful conduct of ”; and
  • (b) for “in respect of any such tort” there shall be substituted “ , in the case of a tort, ”.
  • (2) The enactments are—
  • (a) section 88(1) of the 1996 Act (liability of chief officers);
  • (b) section 97(9) of that Act (liability of the Secretary of State);
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) section 27(8) of the Police (Northern Ireland) Act 1998 (c. 32) (liability of the Secretary of State);
  • (f) section 29(1) of that Act (liability of the chief constable of the Police Service of Northern Ireland);
  • (g) paragraph 7(3) of Schedule 3 to that Act (liability of the Police Ombudsman); and
  • (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) In each of the enactments specified in subsection (5), for “a tort committed by” there shall be substituted “ any unlawful conduct of ”.
  • (5) The enactments are—
  • (a) section 88(4)(a) of the 1996 Act (payments in respect of tort proceedings against constables and special constables);
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) section 29(3)(a) of the Police (Northern Ireland) Act 1998 (payments in respect of tort proceedings against police officers in Northern Ireland); and
  • (e) paragraph 7(4)(a) of Schedule 3 to that Act (payment in respect of tort proceedings against police officers serving with, or assisting, the Police Ombudsman).
  • (6) In section 42(6) of the 1997 Act (application to Scotland), paragraph (a) shall be omitted.
  • (7) In section 39 (1) of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables)—
  • (a) for “in reparation in respect of any wrongful act or omission” there shall be substituted “ for any unlawful conduct ”; and
  • (b) for “in respect of a wrongful act or omission” there shall be substituted “ for any unlawful conduct ”.
  • (8) In section 39(4) of that Act, for “wrongful act or omission” there shall be substituted “ unlawful conduct ”.

International joint investigation teams

Liability in respect of members of teams

103
  • (1) In section 88 of the 1996 Act (liability for wrongful acts of constables), after subsection (5) there shall be inserted—

(6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of a police force as if— (a) any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor an employee of the police authority were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and (b) subsection (4) applied, in the case of the police authority maintaining that force, to every member of that team to whom it would not apply apart from this subsection. (7) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) In section 29 of the Police (Northern Ireland) Act 1998 (c. 32) (liability for wrongful acts of constables), after subsection (5) there shall be inserted—

(6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of the Police Service of Northern Ireland as if any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither— (a) a constable, nor (b) an employee of the Board, were unlawful conduct of a constable under the direction and control of the Chief Constable. (7) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • (6) Where—
  • (a) any sums are paid by virtue of this section out of a police fund . . . or by the Chief Constable of the Police Service of Northern Ireland, and
  • (b) in pursuance of any international obligation, the Secretary of State receives any sum by way of reimbursement, in whole or in part, of the sums paid out of that fund or by that Chief Constable,

the Secretary of State shall pay into that fund or (as the case may be) to that Chief Constable the sums received by him by way of reimbursement.

  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assaults on members of teams

104
  • (1) In section 89 of the 1996 Act (assaults on constables), after subsection (3) there shall be inserted—

(4) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who— (a) is a member of an international joint investigation team that is led by a member of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and (b) is carrying out his functions as a member of that team. (5) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • (2) In section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults on constables), after subsection (3) there shall be inserted—

(4) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who— (a) is a member of an international joint investigation team that is led by a constable of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and (b) is carrying out his functions as a member of that team. (5) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers. (6) A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  • (3) In section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables), after subsection (4) there shall be inserted—

(5) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who— (a) is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and (b) is carrying out his functions as a member of that team. (6) In this section “international joint investigation team” means any investigation team formed in accordance with— (a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union; (b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or (c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State. (7) A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 7 — Supplemental

Powers of Secretary of State to make orders and regulations

105
  • (1) Every power conferred by this Act on the Secretary of State to make orders or regulations shall be exercisable by statutory instrument.
  • (2) A statutory instrument containing an order or regulations made in exercise of any such power, other than an order to which subsection (3) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • (3) This subsection applies to—
  • (a) any order under section 9(7) or 108; and
  • (b) any order or regulations that are required to be approved in draft by virtue of section 19(3), 38(9C), ... or 41B ... ... or paragraph 9A(2) of Schedule 5.
  • (4) Every power of the Secretary of State to make an order or regulations under this Act, other than an order under section 9(7) or 108, shall include power—
  • (a) to make different provision for different cases;
  • (b) to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
  • (c) to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
  • (5) Every power of the Secretary of State to make provision by regulations under Part 2 or 2B shall include power to make provision for any of the matters that may be provided for to be determined, in accordance with the regulations, by the Director General of the Independent Office for Police Conduct.
  • (6) In this section, references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G (power to make regulations about public sector fraud investigators).

General interpretation

106

In this Act—

  • “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60);
  • “the 1996 Act” means the Police Act 1996 (c. 16);
  • “the 1997 Act” means the Police Act 1997 (c. 50);
  • ...
  • “the British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
  • “modifications” includes omissions, alterations and additions, and cognate expressions shall be construed accordingly.

Consequential amendments and repeals

107
  • (1) Schedule 7 (which makes minor and consequential amendments) shall have effect.
  • (2) The enactments specified in Schedule 8 (which include provisions that are spent or have ceased to be of any practical utility) are hereby repealed to the extent specified in the second column of that Schedule.

Short title, commencement and extent

108
  • (1) This Act may be cited as the Police Reform Act 2002.
  • (2) This Act, except—
  • (a) the provisions specified in subsection (3) (which come into force on the day on which this Act is passed), and
  • (b) the provisions to which subsections (4) and (5) apply,

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes or different areas.

  • (3) The provisions coming into force on the day on which this Act is passed are—
  • (a) section 100, the entries in Schedule 8 relating to the Housing Act 1985 (c. 68), the Housing Act 1988 (c. 50), paragraphs 51 and 59 of Schedule 27 to the Greater London Authority Act 1999 (c. 29) and paragraph 74 of Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16) and section 107(2) (so far as relating to those entries); and
  • (b) sections 105 and 106 and this section.
  • (4) The provisions of sections 97 and 98, so far as they relate to local government areas in Wales, shall come into force on such day as the National Assembly for Wales may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes or different areas.
  • (5) Sections 70 and 71, and sections 102 to 104 so far as they amend the Police (Scotland) Act 1967 (c. 77), shall come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed under this subsection for different purposes or different areas.
  • (6) Subject to subsections (7) to (9), this Act extends to England and Wales only.
  • (7) This Act extends to the United Kingdom so far as it makes the following provision—
  • (za) the provision contained in paragraph 19F of Schedule 3 (and any interpretative or other supplementary provision as it has effect for the purposes of that provision);
  • (a) the provision contained in Part 5;
  • (b) the provision contained in section 82;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) the provision contained in section 103(6);
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) Section 96 also extends to Northern Ireland.
  • (9) Subject to subsection (10), this Act, so far as it amends or repeals any enactment (other than one that extends to England and Wales only), has the same extent as the enactment amended or repealed.
  • (10) The amendments and repeals made by this Act—
  • (a) in section 96 of the Road Traffic Regulation Act 1984 (c. 27) (traffic wardens),
  • (b) in sections 103 and 183 of the Road Traffic Act 1988 (c. 52) (driving while disqualified), and
  • (c) Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties),

do not extend to Scotland.

SCHEDULE 1

Introductory

1

The 1997 Act shall be amended as follows.

Codes of Practice for Directors General

2
  • (1) After section 28 (codes of practice for the NCIS Service Authority) there shall be inserted—

(28A) (1) The Secretary of State may issue codes of practice relating to the discharge by the Director General of NCIS of any of his functions. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section. (3) Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement. (4) Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority (“the CPTDA”) shall consult with— (a) the NCIS Service Authority; (b) the Director General of NCIS; (c) persons whom the CPTDA considers to represent the interests of police authorities; (d) persons whom the CPTDA considers to represent the interests of chief officers of police; and (e) such other persons as the CPTDA thinks fit. (5) Before issuing or revising a code of practice under this section the Secretary of State shall consult the Scottish Ministers. (6) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament. (7) The Secretary of State shall not be required by subsection (6) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion— (a) would be against the interests of national security; (b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or (c) could jeopardise the safety of any person. (8) In discharging any function to which a code of practice under this section relates, the Director General of NCIS shall have regard to the code.

  • (2) After section 73 (codes of practice for the NCS Service Authority) there shall be inserted—

(73A) (1) The Secretary of State may issue codes of practice relating to the discharge by the Director General of the National Crime Squad of any of his functions. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section. (3) Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement. (4) Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority (“the CPTDA”) shall consult with— (a) the NCS Service Authority; (b) the Director General of the National Crime Squad; (c) persons whom the CPTDA considers to represent the interests of police authorities; (d) persons whom the CPTDA considers to represent the interests of chief officers of police; and (e) such other persons as the CPTDA thinks fit. (5) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament. (6) The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion— (a) would be against the interests of national security; (b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or (c) could jeopardise the safety of any person. (7) In discharging any function to which a code of practice under this section relates, the Director General of the National Crime Squad shall have regard to the code.

Directions to Service Authorities

3
  • (1) For section 30 (power to give directions in response to a report on NCIS carried out in accordance with that section) there shall be substituted—

(30) (1) Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32) states— (a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Secretary of State may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction. (2) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or (b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a). (3) Where a report made to the Scottish Ministers on an inspection under section 33 of the Police (Scotland) Act 1967 (c. 77) states— (a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Scottish Ministers may, after consultation with the Secretary of State, direct the NCIS Service Authority to take such remedial measures as may be specified in the direction. (4) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (3)(a) or (b); or (b) a matter that the Scottish Ministers consider relevant to any matter falling within paragraph (a). (5) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; and (b) he shall lay that report before Parliament. (6) If the Scottish Ministers exercise their power to give a direction under this section— (a) they shall prepare a report on their exercise of that power; and (b) they shall lay that report before the Scottish Parliament. (7) A report under subsection (5) or (6)— (a) shall be prepared at such time as the Secretary of State considers or, as the case may be, the Scottish Ministers consider appropriate; and (b) may relate to more than one exercise of the power to give a direction under this section.

  • (2) For section 75 (power to give directions in response to a report on NCS on an inspection carried out in accordance with that section) there shall be substituted—

(75) (1) Where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states— (a) that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Secretary of State may direct the NCS Service Authority to take such remedial measures as may be specified in the direction. (2) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or (b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a). (3) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; and (b) he shall lay that report before Parliament. (4) A report under subsection (3)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power to give a direction under this section.

Directions as to action plans

4
  • (1) After section 31 there shall be inserted—

(31A) (1) This section applies where an inspection report made to the Secretary of State states — (a) that, in the opinion of the person making the report, the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective; or (b) that, in that person’s opinion, the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken. (2) If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may, after consultation with the Scottish Ministers, direct the NCIS Service Authority to submit an action plan to him. (3) An action plan is a plan setting out the remedial measures which the NCIS Service Authority proposes to take in relation to the matters in respect of which the direction is given. (4) If the NCIS Service Authority is directed to submit an action plan, that authority shall direct the Director General of NCIS to prepare a draft of it and to submit it to the NCIS Service Authority for that authority to consider. (5) The NCIS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications. (6) If the NCIS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of NCIS. (7) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCIS Service Authority and the Director General of NCIS of that opinion and of his reasons for it. (8) In forming an opinion for the purposes of subsection (7), the Secretary of State must consult with the Scottish Ministers. (9) If the NCIS Service Authority is notified under subsection (7) — (a) it shall consider, after consultation with the Director General of NCIS about the matters notified, whether to revise the action plan in the light of those matters; and (b) if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State. (10) On giving a direction under this section to the NCIS Service Authority, the Secretary of State shall notify the Director General of NCIS that he has given that direction. (11) The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction. (12) The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes— (a) provision setting out the steps that the NCIS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met; (b) provision setting out that Authority’s proposals as to the times within which those steps are to be taken and those targets to be met and the means by which the success of the plan’s implementation is to be measured; (c) provision for the making of progress reports to the Secretary of State about the implementation of the action plan; (d) provision as to the times at which, and the manner in which, any progress report is to be made; and (e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State. (13) Nothing in this section shall authorise the Secretary of State or the NCIS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified. (14) In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly. (15) The NCIS Service Authority shall comply with any direction given to it under this section. (16) The Director General of NCIS shall comply with any direction given to him under this section. (17) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; (b) he shall lay a copy of that report before Parliament; and (c) he shall send a copy of that report to the Scottish Ministers. (18) The Scottish Ministers shall lay any copy of a report sent to them under subsection (17) before the Scottish Parliament. (19) A report under subsection (17)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power mentioned in that subsection. (20) In this section “an inspection report” means a report under section 54 of the Police Act 1996 (c. 16), section 33 of the Police (Scotland) Act 1967 (c. 77) or section 41 of the Police (Northern Ireland) Act 1998 (c. 32). (21) Nothing in this section or in section 30 prevents the Secretary of State in the case of the same inspection report from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under that section.

  • (2) After section 76 there shall be inserted—

(76A) (1) This section applies where a report made to the Secretary of State on an inspection under section 54 of the Police Act 1996 (c. 16) states— (a) that, in the opinion of the person making the report, the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective; or (b) that, in that person’s opinion, the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken. (2) If the Secretary of State considers that remedial measures are required in relation to any matter identified by the report, he may direct the NCS Service Authority to submit an action plan to him. (3) An action plan is a plan setting out the remedial measures which the NCS Service Authority proposes to take in relation to the matters in respect of which the direction is given. (4) If the NCS Service Authority is directed to submit an action plan, that authority shall direct the Director General of the National Crime Squad to prepare a draft of it and to submit it to the NCS Service Authority for that authority to consider. (5) The NCS Service Authority, on considering a draft action plan submitted to it under subsection (4) may submit the plan to the Secretary of State, with or without modifications. (6) If the NCS Service Authority proposes to make modifications to the draft of the action plan submitted under subsection (4), it must consult with the Director General of the National Crime Squad. (7) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may , if he is of the opinion that the remedial measures contained in the action plan submitted to him are inadequate, notify the NCS Service Authority and the Director General of the National Crime Squad of that opinion and of his reasons for it. (8) If the NCS Service Authority is notified under subsection (7) — (a) it shall consider, after consultation with the Director General of the National Crime Squad about the matters notified, whether to revise the action plan in the light of those matters; and (b) if it does revise that plan, it shall send a copy of the revised plan to the Secretary of State. (9) On giving a direction under this section to the NCS Service Authority, the Secretary of State shall notify the Director General of the National Crime Squad that he has given that direction. (10) The period within which a direction to submit an action plan must be complied with is such period of not less than four weeks and not more than twelve weeks after it is given as may be specified in the direction. (11) The provision that a direction under this section may require to be included in an action plan to be submitted to the Secretary of State includes— (a) provision setting out the steps that the NCS Service Authority proposes should be taken in respect of the matters to which the direction relates and the performance targets the authority proposes should be met; (b) provision setting out that Authority’s proposals as to the times within which those steps are to be taken and those targets to be met and the means by which the success of the plan’s implementation is to be measured; (c) provision for the making of progress reports to the Secretary of State about the implementation of the action plan; (d) provision as to the times at which, and the manner in which, any progress report is to be made; and (e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State. (12) Nothing in this section shall authorise the Secretary of State or the NCS Service Authority to direct the inclusion in an action plan or draft action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified. (13) In this section references, in relation to a case in which there is already an action plan in force, to the submission of a plan to the Secretary of State include references to the submission of revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly. (14) The NCS Service Authority shall comply with any direction given to it under this section. (15) The Director General of the National Crime Squad shall comply with any direction given to him under this section. (16) If the Secretary of State exercises his power to give a direction under this section— (a) he shall prepare a report on his exercise of that power; and (b) he shall lay that report before Parliament. (17) A report under subsection (16)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power mentioned in that subsection. (18) Nothing in this section or in section 75 prevents the Secretary of State in the case of the same report under section 54 of the Police Act 1996 (c. 16) from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 75.

Procedure for giving directions

5
  • (1) After section 31A (which is inserted by paragraph 4(1)) there shall be inserted—

(31B) (1) The Secretary of State shall not give a direction under section 30 or 31A unless— (a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds; (c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 30 or 31A. (3) Before making any regulations under this section, the Secretary of State shall consult with— (a) the Scottish Ministers; (b) the NCIS Service Authority; (c) the Director General of NCIS; (d) persons whom he considers to represent the interests of police authorities in England and Wales; (e) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales; and (f) such other persons as he thinks fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. (31C) (1) The Scottish Ministers shall not give a direction under section 30 unless— (a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers’ grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds; (c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Scottish Ministers have considered any such representations and any such proposals. (2) The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30. (3) Before making any regulations under this section, the Scottish Ministers shall consult with— (a) the Secretary of State; (b) the NCIS Service Authority; (c) the Director General of NCIS; (d) persons whom they consider to represent the interests of police authorities in Scotland; (e) persons whom they consider to represent the interests of chief constables of police forces in Scotland; and (f) such other persons as they think fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.

  • (2) In section 45 (orders and regulations under Part 1), after “Part” there shall be inserted “ or of the Scottish Ministers to make regulations under this Part ”.
  • (3) After section 76A (which is inserted by paragraph 4(2)), there shall be inserted—

(76B) (1) The Secretary of State shall not give a direction under section 75 or 76A unless— (a) the NCS Service Authority and the Director General of the National Crime Squad have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) the NCS Service Authority and the Director General of the National Crime Squad have each been given an opportunity of making representations about those grounds; (c) the NCS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 75 or 76A. (3) Before making any regulations under this section, the Secretary of State shall consult with— (a) the NCS Service Authority; (b) the Director General of the National Crime Squad; (c) persons whom he considers to represent the interests of police authorities; (d) persons whom he considers to represent the interests of chief officers of police; and (e) such other persons as he thinks fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

National Crime Squad equipment

6
  • (1) Section 80 shall become subsection (1) of that section, and in that section, after that subsection, there shall be inserted—

(2) The Secretary of State may by regulations make any or all of the following provisions— (a) provision requiring the National Crime Squad when using equipment for the purposes specified in the regulations to use only— (i) the equipment which is specified in the regulations; (ii) equipment which is of a description so specified; or (iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations; (b) provision requiring the National Crime Squad to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations; (c) provision prohibiting the National Crime Squad from using equipment of a type approved as mentioned in paragraph (a)(iii) except— (i) where the conditions subject to which the approval was given are satisfied; and (ii) in accordance with the other terms of that approval; (d) provision requiring equipment used the National Crime Squad to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations; (e) provision prohibiting the National Crime Squad from using equipment specified in the regulations, or any equipment of a description so specified. (3) Before making regulations under this section, the Secretary of State shall consult with— (a) the Service Authority for the National Crime Squad; (b) the Director General of that Squad; (c) persons whom the Secretary of State considers to represent the interests of police authorities; (d) persons whom the Secretary of State considers to represent the interests of chief officers of police; and (e) such other persons as the Secretary of State thinks fit. (4) Regulations under this section may make different provision for different cases and circumstances. (5) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section “equipment” includes— (a) vehicles; and (b) headgear and protective and other clothing.

Procedures and practices of the National Crime Squad

7

After section 80 there shall be inserted—

(80A) (1) The Secretary of State may by regulations make provision requiring the National Crime Squad— (a) to adopt particular procedures or practices; or (b) to adopt procedures or practices of a particular description. (2) Before making any regulations under this section, the Secretary of State shall seek advice from— (a) the chief inspector of constabulary; and (b) the Central Police Training and Development Authority. (3) Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with— (a) persons whom he considers to represent the interests of police authorities; and (b) persons whom he considers to represent the interests of chief officers of police. (4) A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it. (5) Before giving any advice in response to a request for the purposes of subsection (2), the Central Police Training and Development Authority (“the CPTDA”) shall consult with— (a) the NCS Service Authority; (b) the Director General of the National Crime Squad; (c) persons whom the CPTDA considers to represent the interests of police authorities; (d) persons whom the CPTDA considers to represent the interests of chief officers of police; and (e) such other persons as the CPTDA thinks fit. (6) The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless— (a) he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice; and (b) the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and (c) the Secretary of State himself is satisfied as to those matters. (7) Those matters are— (a) that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of the National Crime Squad and of any one or more police forces of joint or co-ordinated operations; (b) that the making of regulations is necessary for securing the adoption of that procedure or practice; and (c) that securing the adoption of that procedure or practice is in the national interest. (8) Regulations under this section may make different provision for different cases and circumstances. (9) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 2

Chairman

1
  • (1) The Director General holds office in accordance with the terms of his or her appointment.
  • (1A) A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).
  • (2) A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as Director General; and an appointment made in contravention of this sub-paragraph shall have no effect.
  • (3) The appointment of the Director General shall be for a term not exceeding five years; but the Director General shall be eligible for re-appointment at the end of his term of office.
  • (4) The Director General may be removed from office by Her Majesty either—
  • (a) at his own request; or
  • (b) on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the Director General.
  • (5) The following are grounds for removing the Director General from office—
  • (a) that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;
  • (b) that he has become a person falling within one or more paragraphs of section 9(3);
  • (c) that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;
  • (d) that he is a person who—
  • (i) has had a bankruptcy order made against him;
  • (ii) has had his estate sequestrated; or
  • (iii) has made a composition or arrangement with, or granted a trust deed for, his creditors;
  • (e) that he is subject to—
  • (i) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 1989/2404 (N.I. 18)); or
  • (ii) an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);
  • (f) that he has acted improperly in relation to his duties; or
  • (g) that he is otherwise unable or unfit to perform his duties.
  • (6) For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

Ordinary members of the Commission

2
  • (1) Subject to the provisions of this Schedule, a person shall hold office as a non-executive member in accordance with the terms of his appointment.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he is sentenced, be appointed as a non-executive member; and an appointment made in contravention of this sub-paragraph shall have no effect.
  • (4) A person shall not be appointed to be a non-executive member for a term of more than three years; but a non-executive member shall be eligible for re-appointment at the end of his term of office.
  • (5) A non-executive member may at any time resign from being a non-executive member of the Office by notice in writing to the Secretary of State.
  • (6) The Secretary of State may at any time remove a person from office as a non-executive member if he is satisfied that that person—
  • (a) has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months beginning not earlier than six months before that time;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) has, since his appointment, been sentenced to imprisonment for a term of three months or more;
  • (d) is a person who—
  • (i) has had a bankruptcy order made against him;
  • (ii) has had his estate sequestrated; or
  • (iii) has made a composition or arrangement with, or granted a trust deed for, his creditors;
  • (e) is subject to—
  • (i) a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002(S.I. 1989/2404 (N.I. 18)); or
  • (ii) an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);
  • (f) has acted improperly in relation to his duties; or
  • (g) is otherwise unable or unfit to perform his duties.
  • (7) For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.
  • (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deputy Chairmen

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration, pensions etc. of members

4
  • (1) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the Director General as the Secretary of State may determine.
  • (2) Where—
  • (a) a person ceases, otherwise than on the expiry of his term of office, to hold office as Director General, and
  • (b) it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation,

the Secretary of State may direct the Office to make a payment to that person of such amount as the Secretary of State may determine.

  • (3) The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office.
  • (4) Remuneration arrangements under sub-paragraph (3)—
  • (a) may make provision for a salary, allowances and other benefits but not for a pension, and
  • (b) may include a formula or other mechanism for adjusting one or more of those elements from time to time.
  • (5) Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.

The Chief Executive

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

6
  • (1) The Office may appoint staff.
  • (2) The Office may make arrangements with—
  • (a) the chief officer of police of any police force maintained for a police area in England and Wales,
  • (b) the chief constable of the Police Service of Scotland, or
  • (c) the Chief Constable of the Police Service of Northern Ireland,

under which members of his force are engaged on temporary service with the Office.

  • (3) The Office may make such other arrangements for its staffing (including arrangements in relation to terms and conditions and management of staff) as the Director General thinks fit.
  • (4) A member of a police force on temporary service with the Office shall be under the direction and control of the Director General.
  • (4A) The powers under this paragraph are exercisable only by the Director General acting on behalf of the Office (subject to the power under paragraph 6A(1)).
  • (5) The approval of the Secretary of State as to numbers and as to the terms and conditions of staff shall be required for the exercise of the powers under this paragraph.

Superannuation and insurance

7
  • (1) Where a person who—
  • (a) is employed by the Office, and
  • (b) is by reference to that employment a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11),

is appointed as the Director General..., the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Office; and his rights under the scheme shall not be affected by anything done under paragraph 4.

  • (2) The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the Office.

Liability for acts of seconded staff

8
  • (1) The Office shall be liable in respect of unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the Office's staff in the like manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.
  • (2) Accordingly, the Office shall be treated in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.
  • (3) In this paragraph “seconded constables” means persons serving as members of the Office's staff without being employed by it.

Power of Commission to set up regional offices

9
  • (1) The Office may set up regional offices in places in England and Wales.
  • (2) But the power under sub-paragraph (1) is exercisable only by the Director General acting on behalf of the Office (subject to the power in paragraph 6A(1)).
  • (3) The power under sub-paragraph (1) may be exercised—
  • (a) only with the consent of the Secretary of State, and
  • (b) only if it appears to the Director General necessary to do so for the purpose of ensuring that the functions of the Director General, or those of the Office, are carried out efficiently and effectively.

Proceedings

10
  • (1) The arrangements for the proceedings of the Office (including the quorum for meetings and the establishment of committees) shall be such as the Office may determine.
  • (1A) But the arrangements must include provision for—
  • (a) the quorum for meetings to be met only if a majority of members present are non-executive members of the Office, and
  • (b) an audit committee of the Office to be established to perform such monitoring, reviewing and other functions as are appropriate.
  • (1B) The arrangements must secure that the audit committee consists only of non-executive members of the Office.
  • (2) The arrangements may include provision for the committees established under the arrangements to include members of the Office's staff and other persons who are not members of the Office.
  • (3) The arrangements may include provision for persons selected by the Office to attend meetings of the Office or of any committee established by it.
  • (4) The Office may—
  • (a) pay such remuneration and allowances as it may determine to members of committees established by it who are neither members of the Office nor members of its staff; and
  • (b) make such payments for the reimbursement of expenses incurred by persons attending meetings in accordance with arrangements made by virtue of sub-paragraph (3) as it may determine.
  • (5) The arrangements may provide for the carrying out, under the general direction of the Office, of any of the Office's functions—
  • (a) by a committee established by the Office;
  • (b) by one or more of the members of the Office; or
  • (c) ... by one or more members of the Office's staff.
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11

The validity of any proceedings of the Office or of any of its committees shall not be affected by—

  • (a) any defect in the appointment of the Director General or any member of the Office; or
  • (b) any vacancy in the office of Director General or among the members of the Office.

Authentication of the Commission’s seal

12

The application of the seal of the Office shall be authenticated by the signature of—

  • (a) any member of the Office; or
  • (b) any other person who has been authorised by the Director General (whether generally or specially) for that purpose.

Evidence of documents

13

A document purporting to be—

  • (a) duly executed by the Office under its seal, or
  • (b) signed on its behalf,

shall be received in evidence and shall, unless the contrary is shown, be taken to be so executed or signed.

Payments by the Secretary of State

14

The Secretary of State may pay to the Office—

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