26CA Enforcement officers appointed under Employment Rights Act 2025
(1) The Secretary of State may make regulations conferring functions on the Director General in relation to enforcement officers acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984.
(2) In this section “enforcement officer” means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025.
(3) Regulations under this section may, in particular—
(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
(b) make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.
(4) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
(a) the Director General has functions by virtue of this section, and
(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
(5) The Secretary of State or an enforcement officer may disclose information to the Director General, or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General, or by any person acting on the Director General’s behalf, of a relevant complaints function.
(6) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
(a) by virtue of this section, or
(b) under the Parliamentary Commissioner Act 1967.
(7) Regulations under this section may, in particular, make—
(a) further provision about the disclosure of information under subsection (5) or (6);
(b) provision about the further disclosure of information that has been so disclosed.
(8) A disclosure of information authorised by this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(9) But this section does not authorise a disclosure of information that—
(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(10) In this section—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“relevant complaints function” means a function in relation to the exercise of functions by enforcement officers.
(1) The Secretary of State may make regulations conferring functions on the Director General in relation to officers of the Food Standards Agency (the “Agency”) acting in the exercise of functions conferred on them by virtue of—
(a) section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or
(b) section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).
(2) Regulations under this section may, in particular—
(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
(b) make provision for payment by the Agency to, or in respect of, the Office or in respect of the Director General.
(3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
(a) the Director General has functions by virtue of this section, and
(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
(4) An officer of the Agency may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of an Agency complaints function.
(5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
(a) by virtue of this section, or
(b) under the Parliamentary Commissioner Act 1967.
(6) Regulations under this section may, in particular, make—
(a) further provision about the disclosure of information under subsection (4) or (5);
(b) provision about the further disclosure of information that has been so disclosed.
(7) A disclosure of information authorised by this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(8) But this section does not authorise a disclosure of information that—
(a) would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(9) In this section—
“Agency complaints function” means a function in relation to the exercise of functions by officers of the Agency;
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
26F The Independent Commission for Reconciliation and Information Recovery
(1) The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part.
(2) Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.
(3) An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.
(4) Before making regulations under this section the Secretary of State must consult—
(a) the Director General; and
(b) the ICRIR.
(5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.
(6) An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers.
(7) Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer.
(8) In this section—
“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;
“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
(1) The Minister for the Cabinet Office (“the Minister”) may make regulations conferring functions on the Director General in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators).
(2) Regulations under this section may, in particular—
(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
(b) make provision for payment by the Minister to, or in respect of, the Office or in respect of the Director General.
(3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
(a) the Director General has functions by virtue of this section, and
(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
(4) The Minister may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General or by any person acting on the Director General’s behalf, of a public sector fraud complaints function.
(5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
(a) by virtue of this section, or
(b) under the Parliamentary Commissioner Act 1967.
(6) Regulations under this section may, in particular, make—
(a) further provision about the disclosure of information under subsection (4) or (5);
(b) provision about the further disclosure of information that has been so disclosed.
(7) A disclosure of information authorised by or under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(8) No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(9) In this section—
“public sector fraud complaints function” means a function in relation to the exercise of functions conferred by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025;
“public sector fraud investigator” means an authorised investigator within the meaning given by section 7 of that Act.
(1) The Secretary of State may make regulations conferring functions on the Director General in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).
(2) Regulations under this section may, in particular—
(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
(b) make provision for payment by the Secretary of State to, or in respect of, the Office or in respect of the Director General.
(3) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
(a) the Director General has functions by virtue of this section, and
(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
(4) The Secretary of State may disclose information to the Director General or to a person acting on the Director General’s behalf, for the purposes of the exercise, by the Director General or by any person acting on the Director General’s behalf, of a DWP complaints function.
(5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
(a) by virtue of this section, or
(b) under the Parliamentary Commissioner Act 1967.
(6) Regulations under this section may, in particular, make—
(a) further provision about the disclosure of information under subsection (4) or (5);
(b) provision about the further disclosure of information that has been so disclosed.
(7) A disclosure of information authorised by or under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(8) No provision made by or under this section authorises a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(9) In this section—
“DWP complaints function” means a function in relation to the exercise of functions conferred by section 109D of the Social Security Administration Act 1992;
“DWP investigator” means an authorised investigator within the meaning given by section 109D of that Act.
(1) The Secretary of State shall by regulations make provision for the manner in which the following cases are to be handled or dealt with—
(a) cases in which allegations of misconduct are made against members of the Office's staff; and
(b) cases in which there is otherwise an indication that there may have been misconduct by a member of the Office's staff.
(2) Regulations under this section may apply, with such modifications as the Secretary of State thinks fit, any provision made by or under this Part.
(3) Regulations under this section may provide for it to be the duty of any person on whom functions are conferred by the regulations to have regard, in the carrying out of those functions, to any guidance given by such persons and in such manner as may be specified in the regulations.
(4) Before making any regulations under this section the Secretary of State shall consult with the Office and the Director General.
(1) The Director General may, if the Director General considers that there are exceptional circumstances—
(a) direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and
(b) direct the appropriate authority to record the matter under this Part.
(2) A “pre-commencement matter” means a matter which—
(a) is a complaint or a conduct matter,
(b) relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and
(c) (apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.
(3) “Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).
(4) The Director General may, if the Director General considers that there are exceptional circumstances, direct that a matter to which subsection (5) applies should be treated as a conduct matter or a DSI matter.
(5) This subsection applies to a matter which—
(a) relates to conduct which took place, or circumstances which occurred, before 1 April 2004,
(b) has been the subject of a relevant complaint, and
(c) would be a conduct matter or a DSI matter if it had not been the subject of a relevant complaint.
(6) “Relevant complaint” means—
(a) a complaint made before 1 April 2004, or
(b) a complaint made on or after that date to which a relevant transitional provision applied.
(6A) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this section—
(a) ceases to apply to a pre-commencement matter or a matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter was given before that day), or
(b) does not apply to a pre-commencement matter or matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter is given on or after that day),
insofar as the matter relates to conduct forming part of the Troubles.
(6B) In subsection (6A) “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).
(7) Where under subsection (1)(a) the Director General directs that a relevant transitional provision does not apply in relation to a pre-commencement matter, that provision does not apply in relation to that matter.
(8) The appropriate authority must comply with a direction under subsection (1)(b).
(9) Where under subsection (4) the Director General directs that a matter should be treated as a conduct matter or a DSI matter, the matter is (subject to any regulations under subsection (10)) to be treated as a conduct matter or a DSI matter for the purposes of this Part (including subsections (1) and (2)) and any provision made under it.
(10) The Secretary of State may by regulations provide for this Part or any provision made under it to apply with such modifications as the Secretary of State thinks fit to a matter in relation to which the Director General has made a direction under subsection (1) or (4).
(1) In this Part—
“the appropriate authority”—
in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—
if that person is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and
if he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; ...
in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and
in relation to a death or serious injury matter, means—
if the relevant officer is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and
if he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is;
and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;
“chief officer” means the chief officer of police of any police force;
...
“complainant” shall be construed in accordance with subsection (2);
“complaint” has the meaning given by section 12;
“conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred);
“conduct matter” has the meaning given by section 12;
“death or serious injury matter” and “DSI matter” have the meaning given by section 12;
“the Director General” means (unless otherwise specified) the Director General of the Office;
“disciplinary proceedings” means—
in relation to a member of a police force or a special constable, proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations; and
in relation to a person serving with the police who is not a member of a police force or a special constable, proceedings identified as such by regulations made by the Secretary of State for the purposes of this Part;
“document” means anything in which information of any description is recorded;
“information” includes estimates and projections, and statistical analyses;
...
“the Office” means the Independent Office for Police Conduct;
“person complained against”, in relation to a complaint that relates to conduct of a person serving with the police, means the person whose conduct is the subject-matter of the complaint;
“recordable conduct matter” means (subject to any regulations under section 23(2)(d))—
a conduct matter that is required to be recorded by the appropriate authority under paragraph 10 , 11 or 13A of Schedule 3 or has been so recorded; or
a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant force”, in relation to the appropriate authority, means—
if that authority is a local policing body, the police force which the body is responsible for maintaining; and
if that authority is the chief officer of police of a police force, his force;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;
“serving with the police”, in relation to any person, shall be construed in accordance with section 12(7) to (10) .
(1A) In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section 12(7) to (10) )—
(a) who arrested the person who has died or suffered serious injury,
(b) in whose custody that person was at the time of the death or serious injury, or
(c) with whom that person had the contact in question;
and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.
(1B) Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.
(2) References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references—
(a) to the person by whom the complaint or purported complaint was made, or
(b) in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;
but where any person is acting on another’s behalf for the purposes of any complaint or purported complaint, anything that is to be or may be done under this Part by or in relation to the complainant may be done, instead, by or in relation to the person acting on the complainant’s behalf.
(3) Subject to subsection (4), references in this Part, in relation to any conduct or anything purporting to be a complaint about any conduct, to a member of the public include references to any person falling within any of the following paragraphs (whether at the time of the conduct or at any subsequent time)—
(a) a person serving with the police;
(ca) a National Crime Agency officer; or
(d) a person engaged on relevant service, within the meaning of section 97(1)(a) ... or (d) of the 1996 Act (temporary service of various kinds).
(4) In this Part references, in relation to any conduct or to anything purporting to be a complaint about any conduct, to a member of the public do not include references to—
(a) a person who, at the time when the conduct is supposed to have taken place, was under the direction and control of the same chief officer as the person whose conduct it was; or
(b) a person who—
(i) at the time when the conduct is supposed to have taken place, in relation to him, or
(ii) at the time when he is supposed to have been adversely affected by it, or to have witnessed it,
was on duty in his capacity as a person falling within subsection (3)(a) to (d).
(4A) In this Part references, in relation to anything purporting to be a complaint other than a complaint about any conduct, to a member of the public include references to any person falling within subsection (3)(a) to (d) other than a person who is—
(a) a member of the police force with which dissatisfaction is expressed,
(b) a civilian employee of that police force,
(c) a special constable who is under the direction and control of the chief officer of that police force, or
(d) where dissatisfaction is expressed with the City of London police force, an employee of the Common Council of the City of London who is under the direction and control of the chief officer of that force.
(5) For the purposes of this Part a person is adversely affected if he suffers any form of loss or damage, distress or inconvenience, if he is put in danger or if he is otherwise unduly put at risk of being adversely affected.
(6) References in this Part to the investigation of any complaint or matter by the appropriate authority on its own behalf, ... under the direction of the Director General or by the Director General ... shall be construed as references to its investigation in accordance with paragraph 16, ... 18 or, as the case may be, 19 of Schedule 3.
(7) The Commissioner of Police for the City of London shall be treated for the purposes of this Part as if he were a member of the City of London police force.
(8) References in sections 26, 26BA and 26C to England and Wales include the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.
(1) A designated body may make a complaint to Her Majesty's Chief Inspector of Constabulary that a feature, or combination of features, of policing in England and Wales by one or more than one police force is, or appears to be, significantly harming the interests of the public.
(2) See section 29B for the meaning of “designated body”.
(3) In this section-
“England and Wales” includes the adjacent United Kingdom waters within the meaning of section 30 of the Police Act 1996,
“police force” means any of the following—
the metropolitan police force,
a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),
the National Crime Agency,
the City of London police force,
the Ministry of Defence Police,
the Civil Nuclear Constabulary,
the British Transport Police.
(1) In this Part “designated body” means a body designated in regulations made by the Secretary of State.
(2) The Secretary of State—
(a) may make or revoke such a designation if the Secretary of State considers it appropriate to do so, and
(b) must make or revoke such a designation if asked to do so by an authorised person.
(3) The Secretary of State must, in deciding whether to act under subsection (2)(a), apply criteria specified or described in regulations made by the Secretary of State.
(4) The authorised person must, in deciding whether to ask the Secretary of State to act under subsection (2)(b), apply criteria specified or described in regulations made by the Secretary of State.
(5) The Secretary of State must, before making regulations under subsection (3) or (4), consult such persons as the Secretary of State considers appropriate.
(6) In this section “authorised person” means any person specified or described in regulations made by the Secretary of State.
(1) The Secretary of State may by regulations make provision about complaints under section 29A.
(2) Such provision may, in particular, include provision about—
(a) the procedure for dealing with a matter before a complaint is made under section 29A (including who is to deal with the matter),
(b) the procedure for dealing with a complaint under section 29A (including who is to deal with the matter),
(c) whether, or the extent to which, a matter is to be dealt with under this Part or Part 2.
(3) Regulations under this section may—
(a) confer (or enable the conferring of) functions on Her Majesty's Chief Inspector of Constabulary, the Director General of the Independent Office for Police Conduct, the College of Policing or any other person,
(b) apply (with or without modifications), in relation to any matter to be dealt with by the Director General of the Independent Office for Police Conduct under this Part, any provision made by or under Part 2.
29D Power to investigate concerns raised by whistle-blowers
(1) The Director General may investigate any concern raised by a whistle-blower of which the Director General becomes aware (whether because the whistle-blower has contacted the Director General or for any other reason) but only if the whistle-blower informs the Director General, before the beginning of the investigation, that he or she consents to an investigation taking place.
(2) In deciding whether to investigate, the Director General must take into account the public interest.
(3) For the purposes of this Part, a person is a “whistle-blower” if—
(a) the person is, or was at any time, under the direction and control of a chief officer of police,
(b) the person raises a concern that is about a police force or a person serving with the police,
(c) the matter to which the concern relates is not—
(i) about the conditions of service of persons serving with the police, or
(ii) a matter that is, or could be, the subject of a complaint by the person under Part 2, and
(d) at the time the Director General first becomes aware of the concern, the matter to which it relates is not—
(i) under investigation under the direction of the Director General in accordance with paragraph 18 of Schedule 3,
(ii) under investigation by the Director General in accordance with paragraph 19 of that Schedule,
(iii) being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or
(iv) under investigation under this Part.
(4) Subsection (1) is subject to section 29F (which deals with the position where the concern is a conduct matter for the purposes of Part 2) and to section 29G (which deals with the position where the concern is a DSI matter for the purposes of that Part).
(5) Schedule 3A (which makes provision about the procedure etc where the Director General decides to investigate under subsection (1)) has effect.
29E Director General's powers and duties on decision not to investigate
(1) If the Director General decides not to carry out an investigation under section 29D(1), the Director General must inform the whistle-blower of the decision.
(2) In such a case, the Director General may, with the consent of the whistle-blower—
(a) disclose the nature of the concern to the appropriate authority, and
(b) make recommendations in the light of the concern.
(3) In this Part, except where otherwise provided, “appropriate authority” means—
(a) if the concern relates to a chief officer or an acting chief officer, the local policing body for the area of the police force of which he or she is a member;
(b) if the concern relates to any other person, the chief officer under whose direction and control that person is;
(c) if the concern does not relate to any particular persons, the chief officer of the police force to which the concern relates.
(4) The Secretary of State may by regulations make further provision about recommendations under subsection (2).
(5) The regulations may (amongst other things)—
(a) describe the kinds of recommendations that the Director General may make under subsection (2);
(b) specify the persons to whom the recommendations may be made;
(c) authorise the Director General to require a response to any recommendation made by the Director General under subsection (2).
(1) Before deciding whether to carry out an investigation under section 29D(1), the Director General must consider whether the concern is about a conduct matter for the purposes of Part 2 (see section 12(2)).
(2) If the Director General determines that the concern is about a conduct matter for the purposes of Part 2—
(a) the Director General may not carry out an investigation under section 29D(1), and
(b) the Director General must notify the appropriate authority in relation to the person whose conduct is in question of the determination.
(3) Where the appropriate authority in relation to the person whose conduct is in question is notified under subsection (2), it must record the matter under paragraph 11 of Schedule 3 to this Act as a conduct matter.
(4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a conduct matter that, in accordance with subsection (3), is recorded under paragraph 11 of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
(1) Before deciding whether to carry out an investigation under section 29D(1), the Director General must consider whether the concern is about a death or serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section 12(2A)).
(2) If the Director General determines that the concern is about a DSI matter for the purposes of Part 2—
(a) the Director General may not carry out an investigation under section 29D(1), and
(b) the Director General must notify the appropriate authority in relation to the DSI matter.
(3) Where the appropriate authority in relation to the DSI matter is notified under subsection (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.
(4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a DSI matter that, in accordance with subsection (3), is recorded under paragraph 14A of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.
(5) In this section, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).
29H Director General's powers and duties where whistle-blower is deceased
(1) The power of the Director General to carry out an investigation under section 29D(1) applies where the whistle-blower dies before the Director General becomes aware of the concern (or before the Director General decides to investigate).
(2) Any investigation begun by the Director General under section 29D(1) before the death of the whistle-blower may be continued after the death.
(3) Where a whistle-blower dies—
(a) any requirement under this Part to obtain the consent of the whistle-blower may be satisfied by obtaining the consent of that person's approved representative;
(b) any requirement under this Part to give any document or other information to the whistle-blower may be satisfied by giving the document or other information to the person's approved representative;
(c) any requirement under this Part not to disclose the identity of the whistle-blower does not apply or (where the Director General became aware of the concern before the death) ceases to apply.
(4) For the purpose of this section, “approved representative” means a person who has been approved by the Director General for the purposes of this Part.
(5) The Director General may only approve a person who is—
(a) the widow or widower (or surviving civil partner) of the deceased whistle-blower,
(b) a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or
(c) any other person appearing to the Director General to have, by reason of a family or similar relationship with the deceased whistle-blower, a relevant interest in the outcome of the concern.
(1) Where the Director General carries out an investigation under section 29D(1), the Director General must keep the whistle-blower properly informed about the progress of the investigation and its outcome.
(2) The Secretary of State may by regulations provide for exceptions to the duty under subsection (1).
(3) The power conferred by subsection (2) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.
(4) “The permitted non-disclosure purposes” are—
(a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;
(b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
(i) is in the interests of national security,
(ii) is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders,
(iii) is for the purposes of the investigation of an allegation of misconduct against the whistle-blower or the taking of disciplinary proceedings or other appropriate action in relation to such an allegation,
(iv) is for the purposes of an investigation under Part 2 that relates to the whistle-blower,
(v) is required on proportionality grounds, or
(vi) is otherwise necessary in the public interest.
(5) The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.
(1) The Secretary of State may by regulations make provision setting out the circumstances in which the Director General is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations.
(2) The information falling within this subsection is—
(a) the identity of a whistle-blower or information that might (whether alone or with other information) tend to reveal that identity;
(b) the nature of a concern raised by a whistle-blower.
(3) The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.
(4) “The permitted disclosure purposes” are—
(a) the protection of the interests of national security;
(b) the prevention or detection of crime or the apprehension of offenders;
(c) the institution or conduct of criminal proceedings;
(d) the investigation of allegations of misconduct against whistle-blowers and the taking of disciplinary proceedings or other appropriate action in relation to such allegations;
(e) investigations under Part 2 that relate to whistle-blowers;
(f) investigations under this Part;
(g) any other purpose that is for the protection of the public interest.
(5) Except as provided by regulations under subsection (1) or by any other provision of this Part, the Director General may not disclose information falling within subsection (2) unless the whistle-blower consents to the disclosure.
29K Other restrictions on disclosure of information
(1) The Secretary of State may by regulations make provision setting out the circumstances in which the Director General is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations.
(2) The information falling within this subsection is—
(a) information relating to an investigation under section 29D;
(b) information relating to the outcome of any such investigation.
(3) The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.
(4) In this section, “the permitted disclosure purposes” has the same meaning as in section 29J.
(5) Except as provided by regulations under subsection (1) or by any other provision of this Part, the Director General may not disclose information falling within subsection (2).
(1) The following provisions of Part 2 apply in relation to the functions of the Director General under this Part as they apply in relation to the functions of the Director General under Part 2—
(a) section 15 (general duties of local policing bodies, chief officers and inspectors);
(b) section 16 (payment for assistance with investigation);
(c) section 17 (provision of information to the Director General);
(d) section 18 (inspection of police premises on behalf of the Director General);
(e) section 19 (use of investigatory powers by or on behalf of the Director General);
(f) section 21A (restriction on disclosure of sensitive information);
(g) section 21B (provision of sensitive information to the Director General);
(h) section 22 (power of the Director General to issue guidance);
(i) section 26 (forces maintained otherwise than by local policing bodies);
(j) section 26BA (College of Policing);
(k) section 26C (the National Crime Agency).
(2) Except as provided by subsection (1), the provision made by sections 15 to 29 of Part 2 does not apply in relation to the functions of the Director General under this Part.
Before making regulations under this Part, the Secretary of State must consult—
(a) the Director General,
(b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
(c) the Mayor's Office for Policing and Crime;
(d) the Common Council,
(e) the National Police Chiefs' Council, and
(f) such other persons as the Secretary of State thinks fit.
(1) In this Part—
...
“appropriate authority” has the meaning given by section 29E(3);
“chief officer” means the chief officer of police of any police force; and “acting chief officer” means (as appropriate)—
a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011,
a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or
a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;
“conduct” has the same meaning as in Part 2 (see section 29(1));
“the Director General” means the Director General of the Independent Office for Police Conduct;
“whistle-blower” has the meaning given by section 29D(3).
(2) References in this Part to a person serving with the police have the same meaning as in Part 2 (see section 12(7)).
30 Resignation in the interests of efficiency and effectiveness
(1) In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis)—
(a) in subsection (1), for “to retire in the interests of efficiency or effectiveness” there shall be substituted “ in the interests of efficiency or effectiveness, to retire or to resign ”; and
(b) in subsection (3), for the words from “retire”, in the first place where it occurs, to “earlier date” there shall be substituted “ retire or resign under subsection (1), he shall retire or resign with effect from such date as the Metropolitan Police Authority may specify, or with effect from such earlier date ”.
(2) In section 11 of that Act (removal of chief constables)—
(a) in subsection (2), for “to retire in the interests of efficiency or effectiveness” there shall be substituted “ in the interests of efficiency or effectiveness, to retire or to resign ”; and
(b) in subsection (4), for the words from “retire”, in the first place where it occurs, to “earlier date” there shall be substituted “ retire or resign under subsection (2), shall retire or resign with effect from such date as the police authority may specify, or with effect from such earlier date ”.
31 Procedural requirements for removal of senior officers
(1) In subsection (2) of section 9E of the 1996 Act (removal of Commissioner of Police of the Metropolis) for the words from “an opportunity” to the end there shall be substituted
—
(a) an explanation in writing of the Authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and
(b) an opportunity to make representations;
and the Authority shall consider any representations made by or on behalf of the Commissioner.
The opportunity given to the Commissioner to make representations must include the opportunity to make them in person.
(2) In subsection (3) of section 11 of the 1996 Act (removal of chief constable), for the words from “an opportunity” to the end there shall be substituted
—
(a) an explanation in writing of the authority’s grounds for calling upon him, in the interests of efficiency or effectiveness, to retire or to resign; and
(b) an opportunity to make representations;
and the authority shall consider any representations made by or on behalf of the chief officer.
The opportunity given to the chief constable to make representations must include the opportunity to make them in person.
(1) In section 9E of the 1996 Act (removal of Commissioner and Deputy Commissioner of Police of the Metropolis), after subsection (2) there shall be inserted—
(2A) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may suspend the Commissioner of Police of the Metropolis from duty if—
(a) it is proposing to consider whether to exercise its power under subsection (1) to call upon the Commissioner to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in the metropolitan police force requires the suspension; or
(b) having been notified by the Secretary of State that he is proposing to consider whether to require the Authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or
(c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;
and it shall be the duty of the Metropolitan Police Authority (without reference to the preceding provisions of this subsection) to suspend the Commissioner from duty if it is required to do so by the Secretary of State under section 42(1A).
(2) In section 11 of that Act (appointment and removal of chief constables), after subsection (3) there shall be inserted—
(3A) A police authority maintaining a police force under section 2, acting with the approval of the Secretary of State, may suspend from duty the chief constable of that force if—
(a) it is proposing to consider whether to exercise its power under subsection (2) to call upon the chief constable to retire or to resign and is satisfied that, in the light of the proposal, the maintenance of public confidence in that force requires the suspension; or
(b) having been notified by the Secretary of State that he is proposing to consider whether to require the police authority to exercise that power, it is satisfied that, in the light of the Secretary of State’s proposal, the maintenance of public confidence in that force requires the suspension; or
(c) it has exercised that power or been sent under section 42(2A) a copy of a notice of the Secretary of State’s intention to require it to exercise that power, but the retirement or resignation has not yet taken effect;
and it shall be the duty of a police authority maintaining such a force (without reference to the preceding provisions of this subsection) to suspend the chief constable of that force from duty if it is required to do so by the Secretary of State under section 42(1A).
(3) In each of sections 9F(3), 9FA(3) and 9G(3) of that Act (application of sections 9E(1) to (3) in the case of Assistant Commissioners, Deputy Assistant Commissioners and Commanders), at the end there shall be inserted
but with the omission in subsection (2A)—
(a) of paragraph (b);
(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and
(c) of the words after paragraph (c).
(4) In section 11A(3) of that Act (application of section 11(2) to (4) in the case of deputy chief constables), at the end there shall be inserted
but with the omission in subsection (3A)—
(a) of paragraph (b);
(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and
(c) of the words after paragraph (c).
(5) In section 12(3) of that Act (application of section 11(2), (3) and (4) in the case of assistant chief constables)—
(a) for “, (3) and” there shall be substituted “ to ”; and
(b) at the end there shall be inserted
but with the omission in subsection (3A) —
(a) of paragraph (b);
(b) in paragraph (c), of the words from “or been sent” to “exercise that power”; and
(c) of the words after paragraph (c).
33 Removal etc. of senior officers at the instance of the Secretary of State
(1) Section 42 of the 1996 Act (role of the Secretary of State as respects removal of chief constables etc.) shall be amended as follows.
(2) For subsections (1) and (2) there shall be substituted—
(1) The Secretary of State may—
(a) require the Metropolitan Police Authority to exercise its power under section 9E to call upon the Commissioner or Deputy Commissioner, in the interests of efficiency or effectiveness, to retire or to resign; or
(b) require a police authority maintaining a police force under section 2 to exercise its power under section 11 to call upon the chief constable of that force, in the interests of efficiency or effectiveness, to retire or to resign.
(1A) The Secretary of State may also, in any case falling within subsection (1B) in which he considers that it is necessary for the maintenance of public confidence in the force in question—
(a) require the Metropolitan Police Authority to suspend the Commissioner or Deputy Commissioner from duty; or
(b) require a police authority maintaining a police force under section 2 to suspend the chief constable of that force from duty.
(1B) The cases falling within this subsection are—
(a) where the Secretary of State is proposing to exercise his power under subsection (1) in relation to the Metropolitan Police Authority or, as the case may be, the other police authority in question, or is proposing to consider so exercising that power;
(b) where the Metropolitan Police Authority or the other police authority in question is itself proposing to exercise its power to call upon the Commissioner or Deputy Commissioner or, as the case may be, the chief constable of the force in question to retire or to resign, or is proposing to consider so exercising that power; and
(c) where the power mentioned in paragraph (a) or (b) has been exercised but the retirement or resignation has not yet taken effect.
(2) Before requiring the exercise by the Metropolitan Police Authority or any other police authority of its power to call upon the Commissioner or Deputy Commissioner or the chief constable of the force in question to retire or to resign, the Secretary of State shall—
(a) give the officer concerned a notice in writing—
(i) informing him of the Secretary of State’s intention to require the exercise of that power; and
(ii) explaining the Secretary of State’s grounds for requiring the exercise of that power; and
(b) give that officer an opportunity to make representations to the Secretary of State.
(2A) Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the notice to the Metropolitan Police Authority or other police authority concerned.
(2B) The Secretary of State shall consider any representations made to him under subsection (2).
(3) In subsection (3) (inquiries), for the words from the beginning to “subsection (1)” there shall be substituted—
(3) Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he
.
(4) After subsection (3) there shall be inserted—
(3A) At an inquiry held under subsection (3)—
(a) the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;
(b) the Metropolitan Police Authority or, as the case may be, the police authority concerned shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.
(3B) The entitlement of the Commissioner, Deputy Commissioner or, as the case may be, the chief constable in question to make representations shall include the entitlement to make them in person.
(5) In subsection (4) (expenses of inquiry), for the words “a chief constable, deputy chief constable or assistant chief constable” there shall be substituted “ the Commissioner, the Deputy Commissioner or a chief constable ”.
(6) After subsection (4) there shall be inserted—
(4A) If the Secretary of State exercises the power conferred by subsection (1) in relation to the Commissioner or the Deputy Commissioner or a chief constable, the Metropolitan Police Authority or other police authority concerned—
(a) shall not be required to seek the Secretary of State’s approval before calling upon the Commissioner or Deputy Commissioner or chief constable in question, in the interests of efficiency or effectiveness, to retire or to resign; and
(b) shall not be required to give the Commissioner, the Deputy Commissioner or the chief constable a written explanation of the authority’s grounds for calling upon him to retire or to resign, to give him an opportunity to make representations to it or to consider any representations made by him.
(4B) In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.
(4C) In this section a reference to the police authority concerned, in relation to a chief constable, is to the police authority which maintains the police force of which he is chief constable.
(7) Subsection (5) (application to senior officers in the metropolitan police) shall cease to have effect.
34 Regulations concerning procedure for removal of senior officers
After section 42 of the 1996 Act, there shall be inserted—
Procedure in relation to removal of senior officers
42A (1) The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section 9E, 11 or 42.
(2) Before making any regulations under this section, 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
(c) such other persons as he thinks fit.
(3) Regulations under this section may make different provision for different cases and circumstances.
(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
35 Disciplinary regulations for special constables
In section 51 of the 1996 Act (regulations for special constables), in subsection (2), after paragraph (b) there shall be inserted—
(ba) the conduct of special constables and the maintenance of discipline;
.
(1) Without prejudice to the generality of any of the powers conferred by sections 50 and 51 of the 1996 Act (regulations for police forces and for special constables), regulations under each of those sections may make provision—
(a) for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Director General of the Independent Office for Police Conduct;
(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; and
(c) 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.
(2) In this section “disciplinary proceedings” means any proceedings under any regulations made under section 50 or, as the case may be, section 51 of 1996 Act which are identified as disciplinary proceedings by those regulations.
(1) After section 43K of the Employment Rights Act 1996 (c. 18), there shall be inserted—
Application of this Part and related provisions to police
43KA (1) For the purposes of—
(a) this Part,
(b) section 47B and sections 48 and 49 so far as relating to that section, and
(c) section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A,
a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly.
(2) In this section “the relevant officer” means—
(a) in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police;
(b) in relation to a person appointed as a police member of the NCIS, the Director General of NCIS;
(c) in relation to a person appointed as a police member of the NCS, the Director General of NCS;
(d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.
(2) In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—
(a) the words “, Part IVA” and “, 47B” shall be omitted;
(b) after “sections 100” there shall be inserted “ , 103A ”; and
(c) after “section 100” there shall be inserted “ or 103A ”.
(3) Section 13 of the Public Interest Disclosure Act 1998 (c. 23) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.
38 Police powers for civilian staff and volunteers
(1) The chief officer of police of any police force may designate a relevant employee as either or both of the following—
(a) a community support officer;
(b) a policing support officer.
(1A) The chief officer of police of any police force may designate a police volunteer as either or both of the following—
(a) a community support volunteer;
(b) a policing support volunteer.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A chief officer of police . . . shall not designate a person under this section unless he is satisfied that that person—
(a) is a suitable person to carry out the functions for the purposes of which he is designated;
(b) is capable of effectively carrying out those functions; and
(c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred or imposed on him by virtue of the designation.
(5) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6B) The powers and duties that may be conferred or imposed on a person designated under this section are—
(a) any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties);
(b) where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer.
(6C) The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it.
(6D) Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section.
(6E) Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person—
(a) in the area of that police force, and
(b) in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force.
(6F) A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated—
(a) in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force);
(b) only in such parts of the area of that police force as are specified in the designation;
(c) only in cases or circumstances so specified.
(7) A relevant employee . . . authorised or required to do anything by virtue of a designation under this section—
(a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and
(b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.
(7A) A police volunteer authorised or required to do anything by virtue of a designation under this section —
(a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer;
(b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.
(8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.
(9) Where any power exercisable by any person in reliance on his designation under this section includes power to use force to enter any premises, that power shall not be exercisable by that person except—
(a) in the company, and under the supervision, of a constable; or
(b) for the purpose of saving life or limb or preventing serious damage to property.
(9A) The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation.
(9B) However, subsection (9A) does not apply to—
(a) the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances—
(i) the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile;
(ii) the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide;
(b) the use of a weapon for a purpose specified in regulations made by the Secretary of State;
(c) the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.
(9C) A statutory instrument containing regulations under subsection (6C) or (9B)(b) or (c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(11) In this section “relevant employee” means—
(a) in the case of—
(i) a police force maintained for a police area in accordance with section 2 of the Police Act 1996, or
(ii) the police force maintained for the metropolitan police district in accordance with section 5A of that Act,
a member of the civilian staff of that police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011);
(b) in the case of any other police force, a person who—
(i) is employed by the police authority maintaining that force, and
(ii) is under the direction and control of the chief officer making a designation under subsection (1).
(11A) In the case of a police force maintained for a police area in England in accordance with section 2 of the Police Act 1996, the following are also relevant employees for the purposes of this section—
(a) any member of staff transferred to the chief constable of the police force under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004 (transfer of property, rights and liabilities to chief constable to whom fire functions of a fire and rescue authority may be delegated);
(b) any member of staff appointed by that chief constable under section 4I(4) of that Act (appointment of staff by chief constable to whom fire functions of a fire and rescue authority may be delegated).
(c) any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);
(d) any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).
(12) In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee.
(13) For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.
38B Police powers for civilian employees under collaboration agreements
(1) The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—
(a) is a civilian employee of , or a police volunteer with, another police force (the “assisting force”),
(b) is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and
(c) is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.
(2) The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of either or both of the descriptions specified in section 38(1) (if C is a civilian employee of the assisting force) or section 38(1A) (if C is a police volunteer with the assisting force).
(3) The collaboration designation may designate C as an officer of a particular description specified in section 38(1) or (as the case may be) section 38(1A) only if the section 38 designation designates C as an officer of that description.
(4) C shall have the powers and duties conferred or imposed on C by the collaboration designation.
(5) A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.
(6) C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.
(7) The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.
(8) Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.
(9) C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.
(10) References in this section to the discharge of functions by persons designated under section 38 by the chief officer of police of the assisting force for the purposes of the assisted force have the same meaning as in section 23AA of the Police Act 1996.
(11) In this section—
“civilian employee” has the meaning given by section 23I of the Police Act 1996;
“relevant police collaboration provision” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.
38C Designations under section 38B: supplementary provision
(1) The collaboration designation of C must be in accordance with the relevant police collaboration provision.
(2) Subsection (1) is in addition to section 38B(5) and (8).
(3) Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38.
(4) In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—
(a) as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38); and
(b) accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.
(5) Expressions used in this section and section 38B have the same meanings in this section as in section 38B.
(1) This section applies if a local policing body has entered into a contract with a person (“the contractor”) for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
(2) The chief officer of police of the police force maintained by that local policing body may designate any person who is an employee of the contractor as either or both of the following—
(a) a detention officer; or
(b) an escort officer.
(3) A person designated under this section shall have the powers and duties conferred or imposed on him by the designation.
(4) A chief officer of police shall not designate a person under this section unless he is satisfied that that person—
(a) is a suitable person to carry out the functions for the purposes of which he is designated;
(b) is capable of effectively carrying out those functions; and
(c) has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation.
(5) A chief officer of police shall not designate a person under this section unless he is satisfied that the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which that person is designated.
(6) Powers and duties may be conferred or imposed on a designated person by means only of the application to him by his designation of provisions of the applicable Part of Schedule 4 that are to apply to the designated person; and for this purpose the applicable Part of that Schedule is—
(a) in the case of a person designated as a detention officer, Part 3; and
(b) in the case of a person designated as an escort officer, Part 4.
(7) An employee of the contractor authorised or required to do anything by virtue of a designation under this section—
(a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than in the course of that employment; and
(b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in his designation.
(8) Where any power exercisable by any person in reliance on his designation under this section is a power which, in the case of its exercise by a constable, includes or is supplemented by a power to use reasonable force, any person exercising that power in reliance on that designation shall have the same entitlement as a constable to use reasonable force.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) A designation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (13), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
(13) A designation under this section shall cease to have effect—
(a) if the designated person ceases to be an employee of the contractor; or
(b) if the contract between the local policing body and the contractor is terminated or expires.
(1) The chief officer of police of any police force may, if he considers that it is appropriate to do so for the purposes specified in subsection (3), establish and maintain a scheme (“a community safety accreditation scheme”).
(2) A community safety accreditation scheme is a scheme for the exercise in the chief officer’s police area by persons accredited by him under section 41 of the powers conferred by their accreditations under that section.
(3) Those purposes are—
(a) contributing to community safety and security; and
(b) in co-operation with the police force for the area, combatting crime and disorder, public nuisance and other forms of anti-social behaviour.
(4) Before establishing a community safety accreditation scheme for his police area, a chief officer of any police force (other than the Commissioner of Police of the Metropolis) must consult with—
(a) the local policing body maintaining that force, and
(b) every local authority any part of whose area lies within the police area.
(5) Before establishing a community safety accreditation scheme for the metropolitan police district, the Commissioner of Police of the Metropolis must consult with—
(a) the Mayor's Office for Policing and Crime;
(b) the Mayor of London; and
(c) every local authority any part of whose area lies within the metropolitan police district.
(6) In subsections (4)(b) and (5)(c) “local authority” means—
(a) in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and
(b) in relation to Wales, a county council or a county borough council.
(7) Every police and crime plan under section 5 or 6 of the Police Reform and Social Responsibility Act 2011 which is issued after the commencement of this section, ... must set out—
(a) whether a community safety accreditation scheme is maintained for the police area in question;
(b) if not, whether there is any proposal to establish such a scheme for that area during the period to which the plan relates;
(c) particulars of any such proposal or of any proposal to modify during that period any community safety accreditation scheme that is already maintained for that area;
(d) the extent (if any) of any arrangements for provisions specified in Schedule 4 to be applied to designated persons employed by the local policing body; and
(e) the respects in which any community safety accreditation scheme that is maintained or proposed will be supplementing those arrangements during the period to which the plan relates.
(8) A community safety accreditation scheme must contain provision for the making of arrangements with employers who—
(a) are carrying on business in the police area in question, or
(b) are carrying on business in relation to the whole or any part of that area or in relation to places situated within it,
for those employers to supervise the carrying out by their employees of the community safety functions for the purposes of which powers are conferred on those employees by means of accreditations under section 41.
(9) It shall be the duty of a chief officer of police who establishes and maintains a community safety accreditation scheme to ensure that the employers of the persons on whom powers are conferred by the grant of accreditations under section 41 have established and maintain satisfactory arrangements for handling complaints relating to the carrying out by those persons of the functions for the purposes of which the powers are conferred.
41 Accreditation under community safety accreditation schemes
(1) This section applies where a chief officer of police has, for the purposes of a community safety accreditation scheme, entered into any arrangements with any employer for or with respect to the carrying out of community safety functions by employees of that employer.
(2) The chief officer of police may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to any employee of the employer.
(3) Schedule 5 (which sets out the powers that may be conferred on accredited persons) shall have effect.
(4) A chief officer of police shall not grant accreditation to a person under this section unless he is satisfied—
(a) that that person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted;
(b) that the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation;
(c) that that person is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him; and
(d) that that person has received adequate training for the exercise of those powers.
(4A) A chief officer of police may not grant accreditation under this section to a weights and measures inspector.
(5) A chief officer of police may charge such fee as he considers appropriate for one or both of the following—
(a) considering an application for or for the renewal of an accreditation under this section;
(b) granting such an accreditation.
(6) A person authorised or required to do anything by virtue of an accreditation under this section—
(a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his employment by the employer with whom the chief officer of police has entered into the arrangements mentioned in subsection (1); and
(b) shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.
(7) An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation; but it may be renewed at any time with effect from the time when it would otherwise expire.
(8) An accreditation under this section shall cease to have effect—
(a) if the accredited person ceases to be an employee of the person with whom the chief officer of police has entered into the arrangements mentioned in subsection (1); or
(b) if those arrangements are terminated or expire.
41A Accreditation of weights and measures inspectors
(1) The chief officer of police of any police force may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to a weights and measures inspector.
(2) A weights and measures inspector to whom an accreditation under this section is granted by a chief officer of police may exercise the powers conferred by the accreditation in the chief officer's police area.
(3) Schedule 5A (which sets out the powers that may be conferred on inspectors accredited under this section) shall have effect.
(4) A chief officer of police shall not grant accreditation to a weights and measures inspector under this section unless he is satisfied that—
(a) the inspector is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation; and
(b) the inspector has received adequate training for the exercise of those powers.
(5) A chief officer of police may charge such fee as he considers appropriate for one or both of the following—
(a) considering an application for or for the renewal of an accreditation under this section;
(b) granting an accreditation under this section.
(6) A weights and measures inspector authorised or required to do anything by virtue of an accreditation under this section—
(a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his duties as a weights and measures inspector; and
(b) shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.
(7) An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation, but it may be renewed at any time with effect from the time when it would otherwise expire.
(8) An accreditation under this section shall cease to have effect if the accredited inspector ceases to hold office as a weights and measures inspector.