Police Reform Act 2002 (c. 30)

(The document as of February, 2008)

-- Back --

Page 8

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15

(1) Section 6 of the 1997 Act (appointment of Director General) shall be amended as follows.

(2) In subsection (2), for "list of persons eligible for appointment" there shall be substituted "shortlist".

(3) Subsection (3) (persons eligible for appointment) shall cease to have effect.

(4) After subsection (5), there shall be inserted--

" (5A) The Director General shall not be attested as a constable under subsection (5) if--

(a) he was not a serving police officer immediately before his appointment as Director General took effect; or

(b) he had already been attested as a constable in England and Wales and still held that office immediately before his appointment took effect. "

(5) In subsections (6) and (7) (Director General to have the powers and privileges of a constable and to hold the rank of chief constable), after "Director General", in each subsection, there shall be inserted ", except in a case where he was not a serving police officer immediately before his appointment took effect,".

(6) After subsection (8) there shall be inserted--

" (9) In this section "serving police officer" means a person who--

(a) is a member of a relevant police force;

(b) is engaged on relevant service, within the meaning of section 97 of the Police Act 1996 (c. 16); or

(10) In subsection (9) "relevant police force" means--

(a) a police force maintained under section 2 of the Police Act 1996;

(b) the metropolitan police force;

(d) a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77);

(e) the Police Service of Northern Ireland;

(f) the Ministry of Defence Police;

(g) the British Transport Police Force,

(h) the States of Jersey Police Force;

(i) the salaried police force of the Island of Guernsey; or

(j) the Isle of Man Constabulary. "

86 Police members of NCIS

(1) Section 9 of the 1997 Act (members of NCIS) shall be amended as follows.

(2) In subsection (2)--

(a) for paragraph (a) there shall be substituted--

" (a) he met the requirements of subsection (3) immediately before his appointment took effect and his appointment is to a police rank in NCIS; or " ; and

(b) in paragraph (b), the words from "to which" to "applies" shall be omitted.

(3) For subsection (3) (qualifications for appointment as a police member) there shall be substituted--

" (3) A person meets the requirements of this subsection if he is attested or sworn as a constable and--

(a) he is a member of a police force maintained under section 2 of the Police Act 1996;

(b) he is a member of the metropolitan police force or of the City of London police force;

(d) he is a member of the Police Service of Northern Ireland;

(e) he is a member of the National Crime Squad;

(f) he is a member of the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4) ;

(g) he is a member of the British Transport Police Force;

(h) he is a member of the States of Jersey Police Force;

(i) he is a member of the salaried police force of the Island of Guernsey;

(j) he is a member of the Isle of Man Constabulary; or

(k) he is engaged with NCIS on a period of temporary service. "

(4) In subsection (9), in paragraph (a) (restriction on delegation to Director General of appointment of police members), after "police member" there shall be inserted "with the rank of assistant chief constable,".

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

" (9A) In this section "a period of temporary service" means a period of temporary service to which any of the following provisions applies--

(a) section 97 of the Police Act 1996 (c. 16);

(b) section 38A of the Police (Scotland) Act 1967;

(d) section 2B of the Ministry of Defence Police Act 1987. "

87 Police members of NCS

(1) Section 55 of the 1997 Act (members of National Crime Squad) shall be amended as follows.

(2) In subsection (2)--

(a) for paragraph (a) there shall be substituted--

" (a) he met the requirements of subsection (3) immediately before his appointment took effect and his appointment is to a police rank in the National Crime Squad; or " .

(b) in paragraph (b), the words from "to which" to "applies" shall be omitted.

(3) For subsection (3) there shall be substituted--

" (3) A person meets the requirements of this subsection if he is attested or sworn as a constable and--

(a) he is a member of a police force maintained under section 2 of the Police Act 1996;

(b) he is a member of the metropolitan police force or of the City of London police force;

(d) he is a member of the Police Service of Northern Ireland;

(e) he is a member of NCIS;

(f) he is a member of the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4) ;

(g) he is a member of the British Transport Police Force;

(h) he is a member of the States of Jersey Police Force;

(i) he is a member of the salaried police force of the Island of Guernsey;

(j) he is a member of the Isle of Man Constabulary; or

(k) he is engaged with the National Crime Squad on a period of temporary service. "

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

" (9A) In this section "a period of temporary service" means a period of temporary service to which any of the following provisions applies--

(a) section 97 of the Police Act 1996 (c. 16);

(b) section 2B of the Ministry of Defence Police Act 1987 (c. 4). "

88 Regulations for NCIS

(1) After section 34 of the 1997 Act there shall be inserted--

" 34A Regulations for NCIS

(1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of NCIS and conditions of service with NCIS.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to--

(a) the ranks to be held by police members of NCIS;

(b) the promotion of police members of NCIS;

(d) the efficiency and effectiveness of police members of NCIS;

(e) the suspension of police members of NCIS from membership of NCIS and from their office as constable;

(f) the maintenance of personal records of members of NCIS;

(g) the duties which are or are not to be performed by police members of NCIS;

(h) the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996;

(i) the hours of duty, leave, pay and allowances of police members of NCIS; and

(j) the issue, use and return of--

(i) personal equipment and accoutrements; and

(ii) police clothing.

(3) Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.

(4) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(5) Regulations under this section may make different provision for different cases and circumstances.

(6) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Before making any regulations under this section, the Secretary of State shall consult the Scottish Ministers. "

(2) In section 37 of the 1997 Act (discipline regulations for NCIS), after subsection (2) there shall be inserted--

" (2A) Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision--

(a) for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission;

(b) for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations;

(d) for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33) (inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.

(2B) In subsection (2A) "disciplinary proceedings" means any proceedings under any regulations made under subsection (1) which--

(a) are conducted in England and Wales; and

(b) are identified as disciplinary proceedings by those regulations. "

(3) In section 38 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words "or required to resign", in both places where they occur, there shall be substituted ", required to resign or reduced in rank".

89 Regulations for NCS

(1) After section 79 of the 1997 Act there shall be inserted--

" 79A Regulations for NCS

(1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government and administration of the National Crime Squad and conditions of service with that Squad.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to--

(a) the ranks to be held by police members of the National Crime Squad;

(b) the promotion of police members of the Squad;

(d) the efficiency and effectiveness of police members of the Squad;

(e) the suspension of police members of the Squad from membership of it and from their office as constables;

(f) the maintenance of personal records of members of the Squad;

(g) the duties which are or are not to be performed by police members of the Squad;

(i) the hours of duty, leave, pay and allowances of police members of the Squad; and

(j) the issue, use and return of--

(i) personal equipment and accoutrements; and

(ii) police clothing.

(5) Regulations under this section may make different provision for different cases and circumstances.

(6) Any 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 81 of the 1997 Act (discipline regulations for NCS), after subsection (2) there shall be inserted--

" (2A) Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision--

(a) for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission;

(b) for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations;

(2B) In subsection (2A) "disciplinary proceedings" means any proceedings under any regulations made under subsection (1) which are identified as disciplinary proceedings by those regulations. "

(3) In section 82 of the 1997 Act (appeals against decisions in disciplinary proceedings), in subsection (1), for the words "or required to resign", in both places where they occur, there shall be substituted ", required to resign or reduced in rank".

90 Supplementary provisions about police membership of NCIS

(1) The reference in section 59(8)(a) of the 1996 Act to persons falling within section 9(2)(a) of the 1997 Act shall include a reference to persons appointed as police members of the National Criminal Intelligence Service ("NCIS") after the date on which section 86 comes into force.

(2) The persons whose interests are to be represented by the membership of the Police Negotiating Board shall include persons appointed as police members of NCIS after the date on which section 86 comes into force.

(3) In section 62(1) of the 1996 Act (duty to consult Police Negotiating Board before making certain regulations), after paragraph (a) there shall be inserted--

" (aa) section 34A of the Police Act 1997; " .

(4) The function of the Police Advisory Board for England and Wales of advising on general questions affecting members of NCIS within section 9(1)(b) of the 1997 Act shall include the function of advising on such general questions as respects persons appointed as police members of NCIS after the date on which section 86 comes into force.

(5) In section 63(3) of the 1996 Act (duty to consult Police Advisory Board before making certain regulations), in paragraph (c), after "section" there shall be inserted "34A,".

(6) In subsection (1) of section 9A of the 1997 Act (retirement in interests of efficiency or effectiveness), for "member of NCIS" there shall be substituted "police member of NCIS with the rank of assistant chief constable".

(7) Subsection (2) of that section shall cease to have effect.

91 Supplementary provisions about police membership of NCS

(1) The reference in section 59(8)(b) of the 1996 Act to persons falling within section 55(2)(a) of the 1997 Act shall include a reference to persons appointed as police members of the National Crime Squad ("the Squad") after the date on which section 87 comes into force.

(2) The persons whose interests are to be represented by the membership of the Police Negotiating Board shall include persons appointed as police members of the Squad after the date on which section 87 comes into force.

(3) In section 62(1) of the 1996 Act (duty to consult Police Negotiating Board before making certain regulations), after paragraph (a) there shall be inserted--

" (ab) section 79A of the Police Act 1997; " .

(4) The function of the Police Advisory Board for England and Wales of advising on general questions affecting members of the Squad within section 55(1)(b) of the 1997 Act shall include the function of advising on such general questions as respects persons appointed as police members of the Squad after the date on which section 87 comes into force.

(5) In section 63(3) of the 1996 Act (duty to consult Police Advisory Board before making certain regulations), in paragraph (c), after "39," there shall be inserted "79A,".

(6) In subsection (1) of section 55A of the 1997 Act (retirement in interests of efficiency or effectiveness), for "member of the National Crime Squad" there shall be substituted "police member of the National Crime Squad with the rank of assistant chief constable".

(7) Subsection (2) of that section shall cease to have effect.

Bodies with functions in relation to the police

92 Police authorities to produce three-year strategy plans

(1) After section 6 of the 1996 Act there shall be inserted--

" 6A Three-year strategy plans

(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

(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;

(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. "

93 Quorum for the Service Authorities under the 1997 Act

For paragraph 4(1) of Schedule 2A to the 1997 Act (quorum for meetings of NCIS Service Authority and National Crime Squad Service Authority) there shall be substituted--

" (1) Subject to paragraph (1A), each Service Authority shall make provision for a quorum for its meetings.

(1A) The quorum for each Service Authority shall be not less than four, and of any quorum--

(a) one must be a member appointed under paragraph 2 of Schedule 1; and

(b) at least two others must be members appointed under Part 1 of that Schedule and otherwise than under paragraph 6 or 6A. "

94 Expenses of members of police authorities etc.

(1) In each the enactments specified in subsection (2)--

(a) in sub-paragraph (1), after the words "by way of" there shall be inserted "reimbursement of expenses and"; and

(b) in sub-paragraph (4), after the word "about" there shall be inserted "the reimbursement of expenses or about".

(2) The enactments are--

(a) paragraph 25A of Schedule 2 to the 1996 Act (allowances for members of police authorities established under section 3 of that Act); and

(b) paragraph 20A of Schedule 2A to that Act (allowances for members of Metropolitan Police Authority).

(3) In sub-paragraph (6) of paragraph 20A of Schedule 2A to the 1996 Act (limitation on payments to members of London Assembly) after "payment" there shall be inserted "by way of an allowance".

(4) The following provisions (which are superseded by the amendments made by this section) shall cease to have effect--

(a) paragraph 25 of Schedule 2 to the 1996 Act; and

(b) paragraph 20 of Schedule 2A to that Act.

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

(1) The following enactments shall be amended in accordance with subsections (2) and (3)--

(a) section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to the police);

(b) section 49A of the Employment Rights Act 1996 (c. 18) (right of police officers not to suffer a detriment in relation to health and safety at work issues); and

(c) section 134A of that Act (right of police officers not to be unfairly dismissed in relation to health and safety at work issues).

(2) In subsection (1) of each of those sections, for "officer" there shall be substituted "authority".

(3) For subsection (2) of each of those sections, there shall be substituted--

" (2) In this section "the relevant authority" means--

(a) in relation to a member of a police force, a special constable appointed for a police area or a police cadet appointed by a chief officer of police, the police authority or, in the case of a combined area in Scotland, the police board (within the meaning of the Police (Scotland) Act 1967 (c. 77));

(b) in relation to a person appointed as a police member of the National Criminal Intelligence Service, the Service Authority for that service;

(c) in relation to a person appointed as a police member of the National Crime Squad, the Service Authority for that squad;

(d) in relation to any other person holding the office of constable or an appointment as police cadet, the person responsible for maintaining the body of constables or police cadets in question.

(2A) The Commissioner of Police for the City of London shall be treated for the purposes of this section as if he were a member of the City of London police force. "

(4) After subsection (2A) of section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (which is inserted by subsection (3)) there shall be inserted--

" (2B) The following provisions (which impose the same liability for unlawful conduct of constables on persons with their direction and control as would arise if the constables were the employees of those persons) do not apply in relation to any liability arising in respect of a contravention of this Act--

(a) section 88(1) of the Police Act 1996 (c. 16);

(b) section 97(9) of that Act;

(d) section 86(1) of that Act;

(e) paragraph 7(1) of Schedule 8 to that Act;

(f) section 39 of the Police (Scotland) Act 1967 (c. 77); and

(g) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001 (c. 16).

(2C) The provision which may be made by health and safety regulations includes in particular--

(a) provision which, for the purposes of this Part specified in the regulations, treats the acts or omissions of a chief officer as if they were acts or omissions of the relevant authority in relation to the constables or police cadets under that officer's direction and control;

(b) provision which treats premises under the control of a chief officer as premises under the control of the relevant authority in relation to that officer.

(2D) In subsection (2C) "chief officer" means--

(a) a chief officer of police;

(b) the Director General of the National Criminal Intelligence Service;

(d) any other person having direction and control of a body of constables or police cadets. "

(5) In each of paragraphs (a), (b) and (c) of subsection (3) of that section, for "chief officer of police" there shall be substituted "police authority".

(6) In subsection (4) of that section, for "or (c)" there shall be substituted ", (c) or (d)".

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15

-- Back --

Stat