Police and Justice Act 2006

Police Reform Act 2002 (c. 30)E+W

80E+WThe Police Reform Act 2002 is amended as follows.

81E+WIn section 9(3) (persons ineligible for membership of the Independent Police Complaints Commission), after paragraph (da) there is inserted—

“(db)he is or has been—

(i)the chairman or chief executive of, or

(ii)another member of, or

(iii)another member of the staff of,

the National Policing Improvement Agency;”.

82(1)Section 10 (general functions of the Independent Police Complaints Commission) is amended as follows.E+W

(2)In subsection (1) (general functions), after paragraph (g) there is inserted “; and

(h)to carry out functions in relation to the National Policing Improvement Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (e) of this subsection.”

(3)In subsection (3) (functions conferred by other provisions), after paragraph (ba) there is inserted—

“(bb)any agreement under section 26B of this Act (National Policing Improvement Agency);”.

(4)In subsection (7)(c) (Commission may impose charges for making recommendations, and giving advice, for purposes of subsection (1)(g)), after “subsection (1)(g)” there is inserted “ or (h) ”.

83(1)Section 11 (reports) is amended as follows.E+W

(2)In subsection (6) (persons to whom Independent Police Complaints Commission must send copies of its annual reports), after paragraph (d) there is inserted “; and

(e)to the National Policing Improvement Agency.”

(3)After subsection (9) there is inserted—

“(9A)Where a report under subsection (3) relates to the National Policing Improvement Agency, the Commission shall send a copy of that report to the Agency.”

(4)In subsection (10) (persons to whom reports under subsection (4) must be sent), after paragraph (g) there is inserted “; and

(h)the National Policing Improvement Agency.”

84(1)Section 15 (general duties of police authorities etc in relation to Part 2 of the Act) is amended as follows.E+W

(2)After subsection (1A) there is inserted—

“(1B)It shall be the duty of the National Policing Improvement Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).”

(3)For the second sentence of subsection (8) (meaning of “third force” in subsection (8)) there is substituted—

“(8A)Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the National Policing Improvement Agency—

(a)the chief officer of a third force, or

(b)the police authority maintaining a third force,

may be required to give that assistance and co-operation only with the approval of the chief executive of the National Policing Improvement Agency.

(8B)In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.”

(4)In subsection (9) (approval that is needed before Director General of Serious Organised Crime Agency can be required to give assistance etc under subsection (5)), for the words after paragraph (b) there is substituted— “ the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer. ”

(5)After subsection (9) there is inserted—

“(10)In subsection (9) “the relevant directing officer”—

(a)in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; and

(b)in a case where the person who requires assistance and co-operation is a member of the staff of the National Policing Improvement Agency, means the chief executive of that Agency.”

85E+WAfter section 16 there is inserted—

“16AInvestigations: National Policing Improvement Agency involvement

(1)Where a police authority or chief officer requires the NPIA and its chief executive to provide a member of the NPIA's staff who is a constable for appointment under paragraph 16, 17 or 18 of Schedule 3, it shall be the duty of the NPIA and its chief executive to comply with the requirement.

(2)It shall be the duty of the NPIA and its chief executive to ensure that a person appointed under paragraph 16, 17 or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying-out of that investigation as that person may reasonably require.

(3)It shall be the duty of the NPIA and its chief executive to provide the Commission and every member of the Commission's staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying-out of any investigation by the Commission under this Part.

(4)Where the person who requires assistance and co-operation under subsection (2) is a person serving with the police, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the chief officer of the force to which that person belongs.

(5)Where the person who requires assistance and co-operation under subsection (2) is a member of the staff of the Serious Organised Crime Agency, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the Director General of the Serious Organised Crime Agency.

(6)Subsection (7) applies where the NPIA and its chief executive comply with a requirement under subsection (1) or (2) that is made in connection with—

(a)an investigation relating to the conduct of a person who, at the time of the conduct, was a member of a police force; or

(b)an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of a police force.

(7)The police authority maintaining the police force mentioned in subsection (6)(a) or (b) shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—

(a)as may be agreed between them; or

(b)in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i)have been agreed to by police authorities generally and by the NPIA, and

(ii)are for the time being in force with respect to the making of contributions towards the costs of compliance by the NPIA and its chief executive with requirements of the kind mentioned in subsection (6); or

(c)in the absence of any such arrangements, as may be determined by the Secretary of State.

(8)Where the NPIA and its chief executive comply with a requirement under subsection (3), the Commission shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—

(a)as may be agreed between the Commission and the NPIA; or

(b)in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i)have been agreed to by the Agency and by the Commission, and

(ii)are for the time being in force with respect to the making of contributions towards the costs of compliance by the NPIA and its chief executive with requirements under subsection (3); or

(c)in the absence of any such arrangements, as may be determined by the Secretary of State.

(9)In this section “the NPIA” means the National Policing Improvement Agency.”

86E+WIn section 17 (provision of information to the Independent Police Complaints Commission), after subsection (5) there is inserted—

“(6)In this section—

• “chief officer” includes the chief executive of the National Policing Improvement Agency;

• “police authority” includes the National Policing Improvement Agency.”

87E+WAfter section 26A there is inserted—

“26BNational Policing Improvement Agency

(1)The Commission and the National Policing Improvement Agency must enter into an agreement for the establishment in relation to members of the Agency's staff of procedures corresponding or similar to those provided for by or under this Part.

(2)An agreement under this section—

(a)must not be made or varied except with the approval of the Secretary of State; and

(b)must not be terminated unless—

(i)it is replaced by another such agreement, and

(ii)the Secretary of State approves.

(3)An agreement under this section may contain provision for enabling the Commission to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement as disciplinary hearings in relation to members of the Agency's staff.

(4)An agreement under this section must not confer any function on the Commission in relation to so much of any complaint or conduct matter as relates to the direction and control of the Agency by the Agency's chief executive or by other members of the Agency.

(5)Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done outside England and Wales by any member of the Agency's staff.”

88E+WIn section 29(3)(c) (meaning of references to a member of the public), for “Central Police Training and Development Authority” there is substituted “ National Policing Improvement Agency ”.

89(1)Schedule 3 (handling of complaints and conduct matters etc) is amended as follows.E+W

(2)In paragraph 16(3) (investigations by the appropriate authority on its own behalf: appointment of person to conduct investigation), after paragraph (b) there is inserted “or

(c)a member of the staff of the National Policing Improvement Agency who is a constable,”.

(3)In paragraph 17(2) (investigations supervised by the Independent Police Complaints Commission: appointment of person to conduct investigation), after paragraph (b) there is inserted “or

(c)a member of the staff of the National Policing Improvement Agency who is a constable,”.

(4)In paragraph 17(4) (power of Commission to require different person to be selected to conduct investigation), for “or (b)” there is substituted “ , (b) or (c) ”.