Introductory Text
Part 1 Powers of the Secretary of State
1.National Policing Plan
2.Codes of practice for chief officers
3.Powers to require inspection and report
4.Directions to police authorities
5.Directions as to action plans
6.Regulation of equipment
7.Regulation of procedures and practices
8.Equivalent provision for NCIS and NCS
Part 2 Complaints and Misconduct
The Independent Police Complaints Commission
9.The Independent Police Complaints Commission
10.General functions of the Commission
11.Reports to the Secretary of State
Application of Part 2
12.Complaints, matters and persons to which Part 2 applies
Handling of complaints and conduct matters etc.
13.Handling of complaints and conduct matters etc.
14.Direction and control matters
Co-operation, assistance and information
15.General duties of police authorities, chief officers and inspectors
16.Payment for assistance with investigations
17.Provision of information to the Commission
18.Inspections of police premises on behalf of the Commission
19.Use of investigatory powers by or on behalf of the Commission
20.Duty to keep the complainant informed
21.Duty to provide information for other persons
Guidance and regulations
22.Power of the Commission to issue guidance
23.Regulations
24.Consultation on regulations
Conduct of persons in other forms of police service
25.NCIS and NCS
26.Forces maintained otherwise than by police authorities
27.Conduct of the Commission’s staff
Transitional provisions
28.Transitional arrangements connected with establishing the Commission etc.
Interpretation of Part 2
29.Interpretation of Part 2
Part 3 Removal, suspension and disciplining of police officers
Removal and suspension of senior officers
30.Resignation in the interests of efficiency and effectiveness
31.Procedural requirements for removal of senior officers
32.Suspension of senior officers
33.Removal etc. of senior officers at the instance of the Secretary of State
34.Regulations concerning procedure for removal of senior officers
Disciplinary proceedings and protected disclosures
35.Disciplinary regulations for special constables
36.Conduct of disciplinary proceedings
37.Protected disclosures by police officers
Part 4 Police powers etc.
Chapter 1 Exercise of police powers etc. by civilians
38.Police powers for police authority employees
39.Police powers for contracted-out staff
40.Community safety accreditation schemes
41.Accreditation under community safety accreditation schemes
42.Supplementary provisions relating to designations and accreditations
43.Railway safety accreditation scheme
44.Removal of restriction on powers conferred on traffic wardens
45.Code of practice relating to chief officers' powers under Chapter 1
46.Offences against designated and accredited persons etc.
47.Interpretation of Chapter 1
Chapter 2 Provisions modifying and supplementing police powers
Powers of arrest
48.Offences for which a person may be arrested without a warrant
49.Power of arrest in relation to failure to stop a vehicle
Power to require name and address
50.Persons acting in an anti-social manner
Persons in police detention
51.Independent custody visitors for places of detention
52.Detention reviews for detained persons who are asleep
53.Persons suspected of offences connected with transport systems
Blood specimens
54.Persons authorised to take intimate samples from persons in police detention
55.Extension of role of health care professionals
56.Specimens taken from persons incapable of consenting
57.Use of specimens taken from persons incapable of consenting
58.Equivalent provision for offences connected with transport systems
Seizure of motor vehicles
59.Vehicles used in manner causing alarm, distress or annoyance
60.Retention etc. of vehicles seized under section 59
Anti-social behaviour
61.Anti-social behaviour orders
62.Power of Secretary of State to add to relevant authorities
63.Orders in county court proceedings
64.Orders on conviction in criminal proceedings
65.Interim orders
66.Consultation requirements
Sex offenders
67.Sex offenders: England and Wales
68.Interim orders for sex offenders: England and Wales
69.Sex offender orders made in Scotland or Northern Ireland
70.Sex offenders: Scotland
71.Sex offender orders made in England and Wales or Northern Ireland
72.Sex offenders: Northern Ireland
73.Interim orders for sex offenders: Northern Ireland
74.Sex offender orders made in England and Wales or Scotland
The British Transport Police
75.Removal of truants to designated places
76.Amendments to Part 3 of the Road Traffic Offenders Act 1988
Property in possession of NCS
77.Application of the Police (Property) Act 1897 to NCS
Part 5 The Ministry of Defence Police
78.Ministry of Defence police serving with other forces
79.Disciplinary matters
80.Functions of inspectors of constabulary
81.Exemptions from firearms legislation
Part 6 Miscellaneous
Appointment and attestation of police officers etc.
82.Nationality requirements applicable to police officers etc.
83.Attestation of constables
84.Delegation of functions in relation to senior appointments
85.Director General of NCIS
86.Police members of NCIS
87.Police members of NCS
88.Regulations for NCIS
89.Regulations for NCS
90.Supplementary provisions about police membership of NCIS
91.Supplementary provisions about police membership of NCS
Bodies with functions in relation to the police
92.Police authorities to produce three-year strategy plans
93.Quorum for the Service Authorities under the 1997 Act
94.Expenses of members of police authorities etc.
95.Duties under the Health and Safety at Work etc. Act 1974
96.President of ACPO
97.Crime and disorder reduction partnerships
98.Secretary of State’s functions in relation to strategies
99.Power to modify functions and structure of PITO
100.Metropolitan Police Authority housing
101.Provision of goods and services by police authorities
Liability for unlawful acts of constables etc.
102.Liability for wrongful acts of constables etc.
International joint investigation teams
103.Liability in respect of members of teams
104.Assaults on members of teams
Part 7 Supplemental
105.Powers of Secretary of State to make orders and regulations
106.General interpretation
107.Consequential amendments and repeals
108.Short title, commencement and extent
SCHEDULES
SCHEDULE 1
Powers of the Secretary of State in relation to NCIS and NCS
1.Introductory
2.Codes of Practice for Directors General
3.Directions to Service Authorities
4.Directions as to action plans
5.Procedure for giving directions
6.National Crime Squad equipment
7.Procedures and practices of the National Crime Squad
SCHEDULE 2
The Independent Police Complaints Commission
1.Chairman
2.Ordinary members of the Commission
3.Deputy Chairmen
4.Remuneration, pensions etc. of members
5.The Chief Executive
6.Staff
7.Superannuation and insurance
8.Liability for acts of seconded staff
9.Power of Commission to set up regional offices
10.Proceedings
11.The validity of any proceedings of the Commission or of...
12.Authentication of the Commission’s seal
13.Evidence of documents
14.Payments by the Secretary of State
15.Other receipts by the Commission
16.Borrowing
17.Accounts
18.Financial year of the Commission
SCHEDULE 3
Handling of Complaints and Conduct matters etc.
Part 1 Handling of complaints
1.Duties to preserve evidence relating to complaints
2.Initial handling and recording of complaints
3.Failures to notify or record a complaint
4.Reference of complaints to the Commission
5.Duties of Commission on references under paragraph 4
6.Handling of complaints by the appropriate authority
7.Dispensation by the Commission from requirements of Schedule
8.Local resolution of complaints
9.Appeals relating to local resolution
Part 2 Handling of conduct matters
10.Conduct matters arising in civil proceedings
11.Recording etc. of conduct matters in other cases
12.Duties to preserve evidence relating to conduct matters
13.Reference of conduct matters to the Commission
14.Duties of Commission on references under paragraph 13
Part 3 Investigations and subsequent proceedings
15.Power of the Commission to determine the form of an investigation
16.Investigations by the appropriate authority on its own behalf
17.Investigations supervised by the Commission
18.Investigations managed by the Commission
19.Investigations by the Commission itself
20.Restrictions on proceedings pending the conclusion of an investigation
21.Power of the Commission to discontinue an investigation
22.Final reports on investigations
23.Action by the Commission in response to an investigation report
24.Action by the appropriate authority in response to an investigation report
25.Appeals to the Commission with respect to an investigation
26.Reviews and re-investigations following an appeal
27.Duties with respect to disciplinary proceedings
28.Information for complainant about disciplinary recommendations
SCHEDULE 4
Powers exercisable by police civilians
Part 1 Community Support Officers
1.Powers to issue fixed penalty notices
2.Power to detain etc.
3.Power to require name and address of person acting in an anti-social manner
4.Power to use reasonable force to detain person
5.Alcohol consumption in designated public places
6.Confiscation of alcohol
7.Confiscation of tobacco etc.
8.Entry to save life or limb or prevent serious damage to property
9.Seizure of vehicles used to cause alarm etc.
10.Abandoned vehicles
11.Power to stop vehicle for testing
12.Power to control traffic for purposes of escorting a load of exceptional dimensions
13.Carrying out of road checks
14.Cordoned areas
15.Power to stop and search vehicles etc. in authorised areas
Part 2 Investigating Officers
16.Search warrants
17.Access to excluded and special procedure material
18.Entry and search after arrest
19.General power of seizure
20.Access and copying in the case of things seized by constables
21.Arrest at a police station for another offence
22.Power to transfer persons into custody of investigating officers
23.Power to require arrested person to account for certain matters
24.Extended powers of seizure
Part 3 Detention Officers
25.Attendance at police station for fingerprinting
26.Non-intimate searches of detained persons
27.Searches and examinations to ascertain identity
28.Intimate searches of detained persons
29.Fingerprinting without consent
30.Warnings about intimate samples
31.Non-intimate samples
32.Attendance at police station for the taking of a sample
33.Photographing persons in police detention
Part 4 Escort Officers
34.Power to take an arrested person to a police station
35.Escort of persons in police detention
Part 5 Interpretation of Schedule
36.(1) In this Schedule “the relevant police area”—
SCHEDULE 5
Powers exercisable by accredited persons
1.Power to issue fixed penalty notices
2.Power to require giving of name and address
3.Power to require name and address of person acting in an anti-social manner
4.Alcohol consumption in designated public places
5.Confiscation of alcohol
6.Confiscation of tobacco etc.
7.Abandoned vehicles
8.Power to stop vehicle for testing
9.Power to control traffic for purposes of escorting a load of exceptional dimensions
10.Meaning of “relevant police area”
SCHEDULE 6
Specific offences which are arrestable offences
SCHEDULE 7
Minor and Consequential Amendments
1.Police (Scotland) Act 1967
2.Superannuation Act 1972
3.Juries Act 1974
4.Rehabilitation of Offenders Act 1974
5.House of Commons Disqualification Act 1975
6.Northern Ireland Assembly Disqualification Act 1975
7.The Police Pensions Act 1976
8.Rehabilitation of Offenders (Northern Ireland) Order 1978
9.The 1984 Act
10.Prosecution of Offences Act 1985
11.Road Traffic Act 1988
12.In section 183(1) of the Road Traffic Act 1988 (application...
13.Aviation and Maritime Security Act 1990
14.The 1996 Act
15.In section 54 of the 1996 Act (appointment and functions...
16.(1) Section 62 of that Act (consultation on terms and...
17.In section 63(3) of that Act (consultation with Police Advisory...
18.In section 87 of that Act (guidance concerning disciplinary proceedings),...
19.(1) In subsection (1) of section 97 of that Act...
20.Justices of the Peace Act 1997
21.The 1997 Act
22.Police (Northern Ireland) Act 1998
23.Freedom of Information Act 2000
24.Criminal Justice and Police Act 2001
SCHEDULE 8
Repeals