Police Reform Act 2002 (c. 30)

(The document as of February, 2008)

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Civil Aviation Act 1982

11 An offence under section 39(1) of the Civil Aviation Act 1982 (c. 16) (trespass on aerodrome).

Aviation Security Act 1982

12 An offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (c. 36) (unauthorised presence in a restricted zone or on an aircraft).

Sexual Offences Act 1985

13 An offence under section 1 of the Sexual Offences Act 1985 (c. 44) (kerb-crawling).

Public Order Act 1986

14 An offence under section 19 of the Public Order Act 1986 (c. 64) (publishing etc. material likely to stir up racial or religious hatred).

Criminal Justice Act 1988

15 An offence under--

(a) section 139(1) of the Criminal Justice Act 1988 (c. 33) (offence of having article with a blade or point in public place); or

(b) section 139A(1) or (2) of that Act (offence of having article with a blade or point or offensive weapon on school premises).

Road Traffic Act 1988

16 An offence under section 103(1)(b) of the Road Traffic Act 1988 (c. 52) (driving while disqualified).

17 An offence under subsection (4) of section 170 of the Road Traffic Act 1988 (failure to stop and report an accident) in respect of an accident to which that section applies by virtue of subsection (1)(a) of that section (accidents causing personal injury).

Official Secrets Act 1989

18 An offence under any provision of the Official Secrets Act 1989 (c. 6) other than subsection (1), (4) or (5) of section 8 of that Act.

Football Spectators Act 1989

19 An offence under section 14J or 21C of the Football Spectators Act 1989 (c. 37) (failing to comply with requirements imposed by or under a banning order or a notice under section 21B).

Football (Offences) Act 1991

20 An offence under any provision of the Football (Offences) Act 1991 (c. 19).

Criminal Justice and Public Order Act 1994

21 An offence under--

(a) section 60AA(7) of the Criminal Justice and Public Order Act 1994 (c. 33) (failing to comply with requirement to remove disguise);

(b) section 166 of that Act (sale of tickets by unauthorised persons); or

Police Act 1996

22 An offence under section 89(1) of the Police Act 1996 (c. 16) (assaulting a police officer in the execution of his duty or a person assisting such an officer).

Protection from Harassment Act 1997

23 An offence under section 2 of the Protection from Harassment Act 1997 (c. 40) (harassment).

Crime and Disorder Act 1998

24 An offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated harassment).

Criminal Justice and Police Act 2001

25 An offence under--

(a) section 12(4) of the Criminal Justice and Police Act 2001 (c. 16) (failure to comply with requirements imposed by constable in relation to consumption of alcohol in public place); or

(b) section 46 of that Act (placing of advertisements in relation to prostitution). "

Section 107

SCHEDULE 7 Minor and Consequential Amendments

Police (Scotland) Act 1967

1 (1) In subsection (1) of section 38A of the Police (Scotland) Act 1967 (c. 77) (police officers engaged on service outside their force), after paragraph (aa) there shall be inserted--

" (ab) temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) (service with the Independent Police Complaints Commission); " .

(2) In subsection (6)(a) of that section, after "paragraph (aa)," there shall be inserted "(ab),".

Superannuation Act 1972

2 (1) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which that Act applies), at the appropriate place in the entries under the heading "Royal Commissions and other Commissions", there shall be inserted--

" Independent Police Complaints Commission. "

(2) In that Schedule, in the entries under the heading "Other bodies", the words "Police Complaints Authority." shall be omitted.

Juries Act 1974

3 In Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (ineligibility for jury service), in Group B, after the entry relating to the Criminal Cases Review Commission there shall be inserted--

" Chairman and members of the Independent Police Complaints Commission and any member of its staff who is not otherwise ineligible. "

Rehabilitation of Offenders Act 1974

4 In section 7(2)(bb) of the Rehabilitation of Offenders Act 1974 (c. 53) (limitations on rehabilitations under Act etc.), for "a sex offender order under section 2 or, as the case may be, 20" there shall be substituted "an order under section 2, 2A or 20".

House of Commons Disqualification Act 1975

5 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified)--

(a) at the appropriate place, there shall be inserted--

" The Independent Police Complaints Commission. " ; and

(b) the words "The Police Complaints Authority." shall be omitted.

Northern Ireland Assembly Disqualification Act 1975

6 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified)--

(a) at the appropriate place, there shall be inserted--

" The Independent Police Complaints Commission. " ; and

(b) the words "The Police Complaints Authority." shall be omitted.

The Police Pensions Act 1976

7 (1) Section 11 of the Police Pensions Act 1976 (c. 35) (interpretation) shall be amended as follows.

(2) In subsection (2) (meaning of "police authority" in relation to pensions)--

(a) in paragraph (b), for "(c)", in the second place where it occurs, there shall be substituted "(ba)";

(b) after paragraph (b) there shall be inserted--

" (ba) in relation to service of the kind described in section 97(1)(aa) of the Police Act 1996 (c. 16) or section 38A(1)(aa) of the Police (Scotland) Act 1967 (c. 77), it means the Independent Police Complaints Commission; "

(c) in paragraph (c), for "subsection (ba) or (bc) above" there shall be substituted "paragraph (ba) or (bc) of subsection (1)";

(d) in paragraph (d), for "subsection (bb) or (bd) above" there shall be substituted "paragraph (bb) or (bd) of subsection (1)";

(e) in paragraph (da), for "subsection (be)" there shall be substituted "subsection (1)(be)".

(3) In subsection (5) of that section, in the definition of "central service", in each of paragraphs (a) and (b), after "paragraph" there shall be inserted "(aa),".

(4) After that subsection, there shall be inserted--

" (6) References in this Act to the Director General of the National Criminal Intelligence Service and to his service have effect only in relation to cases in which the person in question was a serving police officer for the purposes of section 6 of the Police Act 1997 (c. 50) immediately before his appointment to that office took effect. "

Rehabilitation of Offenders (Northern Ireland) Order 1978

8 In Article 8(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/ 1908 (N.I. 27)) (limitations on rehabilitation under Order etc.), after sub-paragraph (b) there shall be inserted--

" (bb) in any proceedings on an application for an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) or in any appeal against the making of such an order; " .

The 1984 Act

9 (1) In section 18(5) of the 1984 Act (power of constable to conduct search of an arrested person's premises before taking him to a police station), for "taking the person" there shall be substituted "the person is taken".

(2) In section 54A(6) of that Act (persons entitled to carry out search or examination or to take photographs), for paragraphs (a) and (b) and the words after paragraph (b) there shall be substituted "constables".

(3) In section 61 of that Act (fingerprinting), before subsection (9) there shall be inserted--

" (8B) The power to take the fingerprints of a person detained at a police station without the appropriate consent shall be exercisable by any constable. "

(4) In section 63 of that Act (non-intimate samples), after subsection (9) there shall be inserted--

" (9ZA) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable. "

(5) In section 64A(3) of that Act (persons entitled to photograph detainees), for paragraphs (a) and (b) and the words after paragraph (b) there shall be substituted "constables".

(6) In subsection (7B) of section 67 of that Act (limited effect of modification of code of practice), in paragraph (c) for "order" there shall be substituted "code".

(7) After subsection (9) of that section there shall be inserted--

" (9A) Persons on whom powers are conferred by--

(a) any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees), or

(b) any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),

shall have regard to any relevant provision of a code of practice to which this section applies in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation. "

(8) In subsection (10) of that section (failure to comply with codes not to render a person liable to civil or criminal proceedings), after paragraph (b) there shall be inserted " , or

(c) of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of such a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation, " .

(9) In section 118, at the beginning of subsection (2) (meaning of persons in police detention) there shall be inserted "Subject to subsection (2A)"; and after that subsection there shall be inserted--

" (2A) Where a person is in another's lawful custody by virtue of paragraph 22, 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention. "

Prosecution of Offences Act 1985

10 In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), after paragraph (b) there shall be inserted--

" (ba) to institute and have the conduct of any criminal proceedings in any case where the proceedings relate to the subject-matter of a report a copy of which has been sent to him under paragraph 23 or 24 of Schedule 3 to the Police Reform Act 2002 (c. 30) (reports on investigations into conduct of persons serving with the police); " .

Road Traffic Act 1988

11 (1) Section 103 of the Road Traffic Act 1988 (c. 52) (obtaining licence, or driving, while disqualified) shall be amended as follows.

(2) Subsection (3) shall cease to have effect.

(3) In subsection (4), for "Subsections (1) and (3) above do" there shall be substituted "Subsection (1) above does".

(4) In subsection (5), for "Subsections (1)(b) and (3) above do" there shall be substituted "Subsection (1)(b) above does".

(5) In subsection (6), for "subsections (1) and (3)" there shall be substituted "subsection (1)".

12 In section 183(1) of the Road Traffic Act 1988 (application to the Crown), in paragraph (c), the words ", except section 103(3)" shall be omitted.

Aviation and Maritime Security Act 1990

13 In section 22(4) of the Aviation and Maritime Security Act 1990 (c. 31) (persons entitled to exercise certain powers in relation to private dwelling), in paragraph (b)(i), for the words from "Police Complaints Authority" to the end of the sub-paragraph there shall be substituted "Independent Police Complaints Commission under section 26 of the Police Reform Act 2002 (c. 30); or".

The 1996 Act

14 In section 8 of the 1996 Act (local policing plans), after subsection (4) there shall be inserted--

" (4A) It shall be the duty of a police authority and of a chief constable, in preparing, issuing or submitting any plan or draft plan under this section, to have regard to any general guidance given by the Secretary of State with respect to local policing plans and the drafts of such plans.

(4B) Before giving any guidance under subsection (4A), 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

15 In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), before subsection (3) there shall be inserted--

" (2D) It shall be the duty of the chief inspector of constabulary--

(a) to enter into arrangements with the Independent Police Complaints Commission for the purpose of securing cooperation, in the carrying out of their respective functions, between the inspectors of constabulary and that Commission; and

(b) to ensure that inspectors of constabulary provide that Commission with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by that Commission of its functions. "

16 (1) Section 62 of that Act (consultation on terms and conditions for certain appointments) shall be amended as follows.

(2) In subsection (1B), the words "6 or" shall be omitted.

(3) After that subsection, there shall be inserted--

" (1C) Before determining the terms and conditions on which the Director General of the National Criminal Intelligence Service is to be appointed, the Secretary of State shall--

(a) consult the Police Negotiating Board for the United Kingdom about any term or condition which would, if the person appointed were to be a serving police officer, relate to any of the matters mentioned in section 61(1) (other than pensions), and

(b) take into consideration any recommendations made by the Board;

and in this subsection "serving police officer" has the same meaning as in section 6 of the Police Act 1997 (c. 50). "

17 In section 63(3) of that Act (consultation with Police Advisory Board for England and Wales before exercise of certain powers), after paragraph (c) there shall be inserted " , or

(d) regulations under Part 2 of the Police Reform Act 2002 (c. 30) , " .

18 In section 87 of that Act (guidance concerning disciplinary proceedings), for subsection (2) there shall be substituted--

" (1A) The Secretary of State may also issue guidance to the Independent Police Complaints Commission concerning the discharge of its functions under any regulations under section 50 in relation to disciplinary proceedings.

(2) Nothing in this section shall authorise the issuing of any guidance about a particular case.

(3) It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates.

(4) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

(5) In this section "disciplinary proceedings" means any proceedings under any regulations under section 50 that are identified as disciplinary proceedings by those regulations. "

19 (1) In subsection (1) of section 97 of that Act (police officers engaged on service outside their force), after paragraph (a) there shall be inserted--

" (aa) temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ; " .

(2) In subsection (6)(a) of that section, after "paragraph (a)," there shall be inserted "(aa),".

(3) In subsection (8) of that section, after "paragraph" there shall be inserted "(aa),".

Justices of the Peace Act 1997

20 After section 64 of the Justices of the Peace Act 1997 (c. 25) there shall be inserted--

" 64A Disqualifying offices

The person who is the chairman of the Independent Police Complaints Commission an any person who is otherwise a member of that Commission or a member of its staff is disqualified for being appointed or acting as a justice of the peace. "

The 1997 Act

21 (1) In section 46 of the 1997 Act (interpretation of Part 1), before the definition of "financial year" there shall be inserted--

" "British Transport Police Force" means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); " .

(2) In section 52 of the 1997 Act (appointment of Director General of NCS), after subsection (5) there shall be inserted--

" (5A) The Director General shall not be attested as a constable under subsection (5) if he had already been attested as a constable in England and Wales, and still held that office, immediately before his appointment took effect. "

(3) In section 90 of the 1997 Act (interpretation of Part 2), before the definition of "financial year" there shall be inserted--

" "British Transport Police Force" means the force of constables appointed under section 53 of the British Transport Commission Act 1949; " .

Police (Northern Ireland) Act 1998

22 (1) In subsection (1) of section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (police officers engaged on service outside the Police Service of Northern Ireland), after paragraph (a) there shall be inserted--

" (aa) temporary service on which a member of the police force is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30); " .

(2) In subsection (5)(b) of that section, for "subsection (1)(b)" there shall be substituted "subsection (1)(aa), (b)".

Freedom of Information Act 2000

23 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies for the purposes of that Act)--

(a) at the appropriate place, there shall be inserted--

" The Independent Police Complaints Commission. " ; and

(b) the words "The Police Complaints Authority." shall be omitted.

Criminal Justice and Police Act 2001

24 In section 88(7) of the Criminal Justice and Police Act 2001 (c. 16) (power of the Central Police Training and Development Authority to provide training for persons other than persons serving or employed for policing purposes in England and Wales), after paragraph (a) there shall be inserted--

" (aa) members of the staff of the Independent Police Complaints Commission; " .

Section 107

SCHEDULE 8 Repeals

Short title and chapter	Extent of repeal
Superannuation Act 1972 (c. 11)	In Schedule 1, in the entries under the heading "Other bodies", the words "Police Complaints Authority."
House of Commons Disqualification Act 1975 (c. 24)	In Part 2 of Schedule 1, the words "Police Complaints Authority."
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 2 of Schedule 1, the words "The Police Complaints Authority."
Road Traffic Regulation Act 1984 (c. 27)	In section 96(3)-- (a) in the words before paragraph (a), the words "163"; and (b) paragraph (c) and the word "or" immediately preceding it.
Police and Criminal Evidence Act 1984 (c. 60)	In section 67(10), the word "or" after paragraph (a).
Housing Act 1985 (c. 68)	In section 4(e), the words "the Metropolitan Police Authority".
Housing Act 1988 (c. 50)	In paragraph 12(2)(g) of Schedule 1, the words "and the Metropolitan Police Authority".
Road Traffic Act 1988 (c. 52)	Section 103(3). In section 183(1)(c), the words ", except section 103(3)".
Road Traffic Offenders Act 1988 (c. 53)	In section 34(3), the word "and" after paragraph (a).
Official Secrets Act 1989 (c. 6)	Section 11(1).
Criminal Justice and Public Order Act 1994 (c. 33)	Section 54(5).
Police Act 1996 (c. 16)	Section 42(5). In section 62(1B), the words "6 or". Section 63(3)(b). Chapter 1 of Part 4. Section 86. In section 105(2), the words from "paragraph 8" to "that paragraph);". In Schedule 2, paragraph 25. In Schedule 2A, paragraph 20. Schedule 5.
Employment Rights Act 1996 (c. 18)	In section 200(1), the words "Part IVA," and "47B".
Protection from Harassment Act 1997 (c. 40)	Section 2(3).
Police (Health and Safety) Act 1997 (c. 42)	Section 5.
Police Act 1997 (c. 50)	Section 6(3). In section 9, in subsection (2)(b), the words from "to which" to "applies". Section 9A(2). Section 39(3). Section 42(6)(a). In section 55, in subsection (2)(b), the words from "to which" to "applies". Section 55A(2).
Public Interest Disclosure Act 1998 (c. 23)	Section 13.
Police (Northern Ireland) Act 1998 (c. 32)	In Schedule 4, sub-paragraphs (2) to (4) of paragraph 22, and sub-paragraph (9) of that paragraph, the words "and 55(3)(c)".
Crime and Disorder Act 1998 (c. 37)	In section 1-- (a) the words after paragraph (b) of subsection (1); and (b) subsection (2). In section 5(1), the word "and" at the end of paragraph (a). Section 32(2). Section 84(2).
Football (Offences and Disorder) Act 1999 (c. 21)	Section 1(2)(f). Section 8(3) and (4).
Local Government Act 1999 (c. 27)	Section 24(3).
Greater London Authority Act 1999 (c. 29)	In Schedule 27, paragraphs 51, 59, 90 and 97 to 99.
Police (Northern Ireland) Act 2000 (c. 32)	In Schedule 6, paragraph 20(4).
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the words "The Police Complaints Authority".
Countryside and Rights of Way Act 2000 (c. 37)	In Schedule 12, paragraph 13.
Criminal Justice and Court Services Act 2000 (c. 43)	In Schedule 7, in paragraph 151, the words "5(2)(b)".
Criminal Justice and Police Act 2001 (c. 16)	Section 12(6). Section 46(6). Section 71. Section 80(2). Section 122(3). Section 123(3). Section 125(4)(b). In Schedule 6, paragraph 74.
Anti-Terrorism, Crime and Security Act 2001 (c. 24)	Section 82(1). Section 94(3).

Amended by correction slip on 01 December 2004

Amended by correction slip on 01 January 2003

Amended by correction slip on 01 July 2004

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