Police Reform Act 2002 (c. 30)

(The document as of February, 2008)

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(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;

(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 Regulation of procedures and practices

(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;

(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

(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

(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. "

Section 9

SCHEDULE 2 The Independent Police Complaints Commission

Chairman

1 (1) The chairman of the Commission shall hold office as chairman of the Commission in accordance with the terms of his appointment.

(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 chairman of the Commission; and an appointment made in contravention of this sub-paragraph shall have no effect.

(3) The appointment of the chairman of the Commission shall be for a term not exceeding five years; but the chairman shall be eligible for re-appointment at the end of his term of office.

(4) The chairman of the Commission 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 chairman.

(5) The following are grounds for removing the chairman 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);

(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 Part 2 of the Companies (Northern Ireland) Order 1989 (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 an ordinary member in accordance with the terms of his appointment.

(2) An appointment as an ordinary member may be to whole or to part time membership of the Commission.

(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 an ordinary member; and an appointment made in contravention of this sub-paragraph shall have no effect.

(4) A person shall not be appointed to be an ordinary member for a term of more than five years; but an ordinary member shall be eligible for re-appointment at the end of his term of office.

(5) An ordinary member may at any time resign his office as a member of the Commission by notice in writing to the Secretary of State.

(6) The Secretary of State may at any time remove a person from office as an ordinary 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) has become a person falling within one or more paragraphs of section 9(3);

(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 Part 2 of the Companies (Northern Ireland) Order 1989 (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) In this paragraph "ordinary member" means a member of the Commission other than the chairman.

Deputy Chairmen

3 (1) The Secretary of State may appoint not more than two deputy chairmen of the Commission from amongst its members.

(2) A person who ceases to hold office as a member of the Commission shall cease at the same time to hold office as deputy chairman of the Commission.

(3) A person shall hold office as a deputy chairman of the Commission in accordance with the terms of his appointment.

(4) A deputy chairman of the Commission may at any time resign his office as a deputy chairman by notice in writing to the Secretary of State.

(5) A deputy chairman of the Commission who is reappointed as a member from the time that would otherwise have been the end of his term of office as a member shall cease to be a deputy chairman at that time unless he is also reappointed to that office.

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 chairman, deputy chairmen and members of the Commission, or any of them, as he may determine.

(2) Where--

(a) a person ceases, otherwise than on the expiry of his term of office, to hold office as chairman, deputy chairman or member of the Commission, 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 Commission to make a payment to that person of such amount as the Secretary of State may determine.

The Chief Executive

5 (1) The Commission shall have a chief executive.

(2) Subject to sub-paragraphs (3) and (5), it shall be for the Commission to appoint the person to be its chief executive.

(3) The approval of the Secretary of State shall be required for any appointment by the Commission of a person to be its chief executive.

(4) Subject to sub-paragraph (5), the Commission's chief executive shall be appointed on such terms and conditions and shall have such functions as the Commission may, with the approval of the Secretary of State, determine.

(5) The first appointment of a person to be the chief executive of the Commission shall be made by the Secretary of State, instead of by the Commission; and the terms and conditions on which that appointment is made shall also be determined by the Secretary of State, instead of by the Commission.

Staff

6 (1) The Commission may appoint such employees, on such terms and conditions, as appear to it to be appropriate.

(2) The Commission 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 any police force maintained for a police area in Scotland, or

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

(3) The Commission may make such other arrangements for its staffing as it thinks fit.

(4) A member of a police force on temporary service with the Commission shall be under the direction and control of the Commission.

(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 by the Commission of its powers under this paragraph.

Superannuation and insurance

7 (1) Where a person who--

(a) is employed by the Commission, 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 chairman or as a deputy chairman of the Commission or as a member of it, 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 Commission; 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 Commission.

Liability for acts of seconded staff

8 (1) The Commission 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 Commission'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 Commission 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 Commission's staff without being employed by it.

Power of Commission to set up regional offices

9 If it appears to the Commission that it is necessary to do so in order to carry out its functions efficiently, the Commission may, with the consent of the Secretary of State, set up regional offices in places in England and Wales.

Proceedings

10 (1) The arrangements for the proceedings of the Commission (including the quorum for meetings and the establishment of committees) shall be such as the Commission may determine.

(2) The arrangements may include provision for the committees established under the arrangements to include members of the Commission's staff and other persons who are not members of the Commission.

(3) The arrangements may include provision for persons selected by the Commission to attend meetings of the Commission or of any committee established by it.

(4) The Commission may--

(a) pay such remuneration and allowances as it may determine to members of committees established by it who are neither members of the Commission 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 Commission, of any of the Commission's functions--

(a) by a committee established by the Commission;

(b) by one or more of the members of the Commission; or

(6) The making of arrangements by virtue of sub-paragraph (5) shall require the consent of the Secretary of State.

11 The validity of any proceedings of the Commission or of any of its committees shall not be affected by--

(a) any defect in the appointment of the chairman, a deputy chairman or any member of the Commission; or

(b) any vacancy in the office of chairman or among the members of the Commission.

Authentication of the Commission's seal

12 The application of the seal of the Commission shall be authenticated by the signature of--

(a) any member of the Commission; or

(b) any other person who has been authorised by the Commission (whether generally or specially) for that purpose.

Evidence of documents

13 A document purporting to be--

(a) duly executed by the Commission 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 Commission--

(a) sums equal to any amounts paid or falling to be paid by it under any provision of this Act (other than paragraph 15); and

(b) such other sums as appear to him to be appropriate for enabling it to meet the expenses incurred or to be incurred by it in the carrying out of its functions.

Other receipts by the Commission

15 (1) The Commission shall pay to the Secretary of State all sums received by it (otherwise than under paragraph 14) in the course of, or in connection with, the carrying out of its functions.

(2) Sub-paragraph (1) shall not apply where the Secretary of State so directs.

(3) Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.

Borrowing

16 The Commission shall not borrow money unless authorised to do so (whether generally or specially) by the Secretary of State.

Accounts

17 (1) The Commission shall--

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare in respect of each financial year of the Commission a statement of accounts in such form as the Secretary of State may direct; and

(c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of August in the financial year of the Commission following that to which the statement relates.

(2) The Comptroller and Auditor General shall--

(a) examine, certify and report on every statement received by him by virtue of this paragraph; and

(b) lay copies of every such statement, and of his report on it, before Parliament.

Financial year of the Commission

18 The following are financial years of the Commission--

(a) the period beginning with the day on which the Commission is established and ending with 31st March falling next after that day; and

(b) every subsequent period of twelve months ending with 31st March.

Section 13

SCHEDULE 3 Handling of Complaints and Conduct matters etc.

Part 1 Handling of complaints

Duties to preserve evidence relating to complaints

1 (1) Where a complaint is made about the conduct of a chief officer, it shall be the duty of the police authority maintaining his force to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct complained of.

(2) Where--

(a) a complaint is made to a chief officer about the conduct of a person under his direction and control, or

(b) a chief officer becomes aware that a complaint about the conduct of a person under his direction or control has been made to the Commission or to a police authority,

the chief officer shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

(3) The chief officer's duty under sub-paragraph (2) must be performed as soon as practicable after the complaint is made or, as the case may be, he becomes aware of it.

(4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

(5) It shall be the duty of a police authority to comply with all such directions as may be given to it by the Commission in relation to the performance of its duty under sub-paragraph (1).

(6) It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to any conduct that is the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the police authority maintaining his force or by the Commission.

Initial handling and recording of complaints

2 (1) Where a complaint is made to the Commission--

(a) it shall ascertain whether the complainant is content for the police authority or chief officer who is the appropriate authority to be notified of the complaint; and

(b) it shall give notification of the complaint to the appropriate authority if, and only if, the complainant is so content.

(2) Where a complaint is made to a police authority, it shall--

(a) determine whether or not it is itself the appropriate authority; and

(b) if it determines that it is not, give notification of the complaint to the person who is.

(3) Where a complaint is made to a chief officer, he shall--

(a) determine whether or not he is himself the appropriate authority; and

(b) if he determines that he is not, give notification of the complaint to the person who is.

(4) Where the Commission--

(a) is prevented by sub-paragraph (1)(b) from notifying any complaint to the appropriate authority, and

(b) considers that it is in the public interest for the subject-matter of the complaint to be brought to the attention of the appropriate authority and recorded under paragraph 11,

the Commission may bring that matter to the appropriate authority's attention under that paragraph as if it were a recordable conduct matter, and (if it does so) the following provisions of this Schedule shall have effect accordingly as if it were such a matter.

(5) Where the Commission, a police authority or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) or the Commission brings any matter to the appropriate authority's attention under sub-paragraph (4), the person who gave the notification or, as the case may be, the Commission shall notify the complainant--

(a) that the notification has been given and of what it contained; or

(b) that the matter has been brought to the appropriate authority's attention to be dealt with otherwise than as a complaint.

(6) Where--

(a) a police authority determines, in the case of any complaint made to the authority, that it is itself the appropriate authority,

(b) a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or

the authority or chief officer shall record the complaint.

(7) Nothing in this paragraph shall require the notification or recording by any person of any complaint about any conduct if--

(a) that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was; or

(b) the complaint has been withdrawn.

Failures to notify or record a complaint

3 (1) This paragraph applies where anything which is or purports to be a complaint in relation to which paragraph (2) has effect is received by a police authority or chief officer (whether in consequence of having been made directly or of a notification under that paragraph).

(2) If the police authority or chief officer decides not to take action under paragraph (2) for notifying or recording the whole or any part of what has been received, the authority or chief officer shall notify the complainant of the following matters--

(a) the decision to take no action and, if that decision relates to only part of what was received, the part in question;

(b) the grounds on which the decision was made; and

(3) The complainant shall have a right of appeal to the Commission against any failure by the police authority or chief officer to make a determination under paragraph 2 or to notify or record anything under that paragraph.

(4) On an appeal under this paragraph, the Commission shall--

(a) determine whether any action under paragraph 2 should have been taken in the case in question; and

(b) if the Commission finds in the complainant's favour, give such directions as the Commission considers appropriate to the police authority or chief officer as to the action to be taken for making a determination, or for notifying or recording what was received;

and it shall be the duty of a police authority or chief officer to comply with any directions given under paragraph (b).

(5) Directions under sub-paragraph (4)(b) may require action taken in pursuance of the directions to be treated as taken in accordance with any such provision of paragraph 2 as may be specified in the direction.

(6) The Commission--

(a) shall give notification both to the police authority or, as the case may be, the chief officer and to the complainant of any determination made by it under this paragraph; and

(b) shall give notification to the complainant of any direction given by it under this paragraph to the police authority or chief officer.

(7) The Secretary of State may by regulations make provision--

(a) for the form and manner in which appeals under this paragraph are to be brought;

(b) for the period within which any such appeal must be brought; and

Reference of complaints to the Commission

4 (1) It shall be the duty of the appropriate authority to refer a complaint to the Commission if--

(a) the complaint is one alleging that the conduct complained of has resulted in death or serious injury;

(b) the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

(c) the Commission notifies the appropriate authority that it requires the complaint in question to be referred to the Commission for its consideration.

(2) In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the Commission if that authority considers that it would be appropriate to do so so by reason of--

(a) the gravity of the subject-matter of the complaint; or

(b) any exceptional circumstances.

(3) In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a police authority may refer a complaint to the Commission if--

(a) it is one in relation to which the chief officer of police of the police force maintained by that authority is the appropriate authority; and

(b) the police authority considers that it would be appropriate to do so reason of--

(i) the gravity of the subject-matter of the complaint; or

(ii) any exceptional circumstances.

(4) Where there is an obligation under this paragraph to refer a complaint to the Commission, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

(5) Subject to sub-paragraph (7), the following powers--

(a) the power of the Commission by virtue of sub-paragraph (1)(c) to require a complaint to be referred to it, and

(b) the power of a police authority or chief officer to refer a complaint to the Commission under sub-paragraph (2) or (3),

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