Police Reform Act 2002 (c. 30)

(The document as of February, 2008)

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

(7) Section 5 of the Police (Health and Safety) Act 1997 (c. 42) (payments by police authorities etc. out of relevant funds in relation to contraventions of health and safety legislation) shall cease to have effect.

(8) An order bringing this section into force may make such savings and transitional provisions as the Secretary of State thinks fit.

96 President of ACPO

If a person who holds the office of constable becomes the president of the Association of Chief Police Officers of England, Wales and Northern Ireland, he shall, while he is the president of that Association--

(a) continue to hold the office of constable; and

(b) hold that office with the rank of chief constable.

97 Crime and disorder reduction partnerships

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

(7) In subsection (1) of section 6 (formulation and implementation of strategies), for the words from "a strategy" onwards there shall be substituted--

" (a) in the case of an area in England--

(i) a strategy for the reduction of crime and disorder in the area; and

(ii) a strategy for combatting the misuse of drugs in the area;

and

(b) in the case of an area in Wales--

(i) a strategy for the reduction of crime and disorder in the area; and

(ii) a strategy for combatting substance misuse in the area. "

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

" (1A) In determining what matters to include or not to include in their strategy for combatting substance misuse, the responsible authorities for an area in Wales shall have regard to any guidance issued for the purposes of this section by the National Assembly for Wales. "

(9) In subsection (2) of that section (steps to be taken before the formulation of a strategy), for paragraph (a) there shall be substituted--

" (a) carry out, taking due account of the knowledge and experience of persons in the area, a review--

(i) in the case of an area in England, of the levels and patterns of crime and disorder in the area and of the level and patterns of the misuse of drugs in the area; and

(ii) in the case of an area in Wales, of the levels and patterns of crime and disorder in the area and of the level and patterns of substance misuse in the area; " .

(10) After subsection (6) of that section (duty to keep strategy under review) there shall be inserted--

" (6A) Within one month of the end of each reporting period, the responsible authorities shall submit a report on the implementation of their strategies during that period--

(a) in the case of a report relating to the strategies for an area in England, to the Secretary of State; and

(b) in the case of a report relating to the strategies for an area in Wales, to the Secretary of State and to the National Assembly for Wales. "

(11) In subsection (7) of that section (interpretation), after the definition of "relevant period" there shall be inserted--

" "reporting period" means every period of one year which falls within a relevant period and which begins--

(a) in the case of the first reporting period in the relevant period, with the day on which the relevant period begins; and

(b) in any other case, with the day after the day on which the previous reporting period ends;

"substance misuse" includes the misuse of drugs or alcohol. "

(12) In section 17(2) (authorities to which duty to consider crime and disorder implications applies), after "London Fire and Emergency Planning Authority," there shall be inserted "a fire authority constituted by a combination scheme under the Fire Services Act 1947 (c. 41),".

(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.

98 Secretary of State's functions in relation to strategies

After section 6 of the Crime and Disorder Act 1998 (c. 37), there shall be inserted--

" 6A Powers of the Secretary of State and National Assembly for Wales

(1) The Secretary of State may, by order, require--

(a) the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of--

(i) crime of a description specified in the order; or

(ii) disorder of a description so specified.

(b) the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.

(2) After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both--

(a) a copy of the strategy, and

(b) a copy of the document which they propose to publish under section 6(5),

to the Secretary of State.

(3) It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.

(4) If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.

(5) In subsections (2) to (4)--

(a) references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and

(b) accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.

(6) In this section--

"responsible authorities" and "local government area" have same meanings as in sections 5 and 6;
"section 6 strategy" means a strategy required to be formulated under section 6(1); and
"substance misuse" has the same meaning as in section 6. "

99 Power to modify functions and structure of PITO

(1) The Secretary of State may by order make provision in relation to the Police Information Technology Organisation ("the Organisation")--

(a) for conferring additional functions on the Organisation and for modifying its existing functions and powers;

(b) for imposing duties on the Organisation with respect to the carrying out of its functions;

(d) for conferring powers on the Secretary of State in relation to anything mentioned in the preceding provisions of this subsection, or in relation to the Organisation's members or staff.

(2) The provision that may be made by an order under this section includes each of the following--

(a) provision modifying, in any such manner as the Secretary of State thinks fit, any provision of Part 4 of the 1997 Act (which relates to the Organisation) or of any other enactment that makes provision in relation to, or refers to, the Organisation;

(b) provision conferring functions on the Organisation in relation to persons who have no functions in relation to, nor any connection with, policing but who carry out functions for the purposes of the criminal justice system;

(c) provisions imposing obligations on persons in relation to whom the Organisation has or is given functions to consult with the Organisation and do such other things in relation to the Organisation as may be specified in the order;

(d) provision which in consequence of any provision falling within paragraph (b), changes the name of the Organisation;

(e) provision imposing obligations on the Organisation with respect to planning and consultation; and

(f) provision framed by reference to any power of the Secretary of State or Scottish Ministers under the provisions of such an order to make a determination or give an approval, or by reference to his or their opinion, from time to time, of any matter.

(3) In subsection (2)(b) the reference to persons who carry out functions for the purposes of the criminal justice system includes a reference to members of the prison service in any Part of the United Kingdom and to members of the probation service.

(4) The consequential provision that may be contained in an order under this section includes provision modifying any enactment.

(5) Before making an order under this section, the Secretary of State shall consult with the Scottish Ministers.

(6) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

100 Metropolitan Police Authority housing

(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;

(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.

101 Provision of goods and services by police authorities

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

" 18 Supply of goods and services

(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.

102 Liability for wrongful acts of constables etc.

(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);

(d) section 86(1) of that Act (liability of the Director General of the National Crime Squad);

(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) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001 (c. 16) (liability of the Central Police Training and Development Authority).

(3) In paragraph 7(1) of Schedule 8 to the 1997 Act (liability of Police Information Technology Organisation)--

(a) for "a tort committed by" there shall be substituted "any unlawful conduct of";

(b) for "torts committed by" there shall be substituted "any unlawful conduct of"; and

(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) section 42(4)(a) of the 1997 Act (payments in respect of tort proceedings against members of, and constables serving with, NCIS);

(c) section 86(4)(a) of that Act (payments in respect of tort proceedings against members of, and constables serving with, the National Crime Squad);

(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

103 Liability in respect of members of teams

(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) In section 42 of the 1997 Act (liability for wrongful acts of police members of the NCIS), after subsection (5) there shall be inserted--

" (5A) This section shall have effect where an international joint investigation team has been formed under the leadership of a member of NCIS 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 a member of NCIS were unlawful conduct of a constable under the direction and control of the Director General of NCIS; and

(b) subsection (4) applied to every member of that team to whom it would not apply apart from this subsection.

(5B) 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;

(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.

(5C) A statutory instrument containing an order under subsection (5B) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(3) In section 86 of the 1997 Act (liability for wrongful acts of police members of the National Crime Squad), 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 member of the National Crime Squad 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 a member of the National Crime Squad were unlawful conduct of a constable under the direction and control of the Director General of that Squad; and

(b) subsection (4) applied 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;

(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. "

(4) In section 39 of the Police (Scotland) Act 1967 (c. 77) (liability for wrongful acts of constables), after subsection (4) there shall be inserted--

" (5) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable of a police force as if--

(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.

(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;

(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.

(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. "

(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;

(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, the NCIS service fund or the NCS service 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) Where--

(a) any sums are paid by virtue of this section by a police authority in Scotland or a joint police board there, and

(b) in pursuance of an international obligation, the Secretary of State receives any sum by way of reimbursement, in whole or in part, of the sums so paid,

the Secretary of State shall pay the sum received by him by way of reimbursement to the Scottish Ministers who shall pay it to that authority or board.

104 Assaults on members of teams

(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;

(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;

(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;

(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

105 Powers of Secretary of State to make orders and regulations

(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 that is required to be approved in draft by virtue of section 19(3) or 99(6).

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