Crime and Policing Act 2026

Schedule 25 Special police forces: barred persons lists and advisory lists

Section 212 Part 1 Barred persons lists Duty to maintain barred persons lists 1 (1) Each relevant policing authority must maintain a barred persons list. (2) In this Schedule “relevant policing authority” means— (a) the British Transport Police Authority; (b) the Civil Nuclear Police Authority; (c) the Director General of the National Crime Agency; (d) the Secretary of State. (3) Each barred persons list must include such information in relation to a person included in the list as is specified in regulations made by the Secretary of State. Inclusion of NCA officers and constables in barred persons lists 2 (1) The Director General of the National Crime Agency must include a person in the barred persons list maintained by them if— (a) the person ceases to be an NCA officer by virtue of being dismissed at disciplinary proceedings, or (b) the person is a former NCA officer and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been an NCA officer. (2) Each other relevant policing authority must include a person in the barred persons list maintained by them if— (a) the person ceases to be a constable of the relevant police force by virtue of being dismissed at disciplinary proceedings, or (b) the person is a former constable of the relevant police force and there is a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a constable of the relevant police force. (3) “Relevant police force” means— (a) in relation to the British Transport Police Authority, the British Transport Police Force; (b) in relation to the Civil Nuclear Police Authority, the Civil Nuclear Constabulary; (c) in relation to the Secretary of State, the Ministry of Defence Police. Inclusion of civilian employees in barred persons lists 3 (1) This paragraph applies to— (a) the Civil Nuclear Police Authority; (b) the British Transport Police Authority. (2) Each relevant policing authority to which this paragraph applies must include a person in the barred persons list maintained by them if— (a) the person ceases to be a civilian employee of the authority by virtue of being dismissed and the reason, or one of the reasons, for the dismissal relates to conduct, efficiency or effectiveness, or (b) the person is a former civilian employee of the authority and there is a finding in relation to the person in disciplinary proceedings that, if the person had still been such an employee, the person would have been dismissed as mentioned in paragraph (a). (3) In this Schedule “civilian employee”— (a) in relation to the Civil Nuclear Police Authority, means an employee of the Authority who is not a constable; (b) in relation to the British Transport Police Authority, means a person employed by the Authority under section 27 of the Railways and Transport Safety Act 2003 who is— (i) under the direction and control of the Chief Constable of the British Transport Police Force, or (ii) designated as a community support officer or policing support officer by virtue of section 28(1)(a) of that Act. (4) For the purposes of this paragraph a person is dismissed if the circumstances in which the person ceases to be a civilian employee amount to dismissal within the meaning of Part 10 of the Employment Rights Act 1996 (see section 95 of that Act). Removal of NCA officers and constables from barred persons lists 4 (1) This paragraph applies where— (a) a person included in a barred persons list by virtue of paragraph 2(1)(a) is reinstated as an NCA officer, (b) a person included in a barred persons list by virtue of paragraph 2(2)(a) is reinstated as a constable of the relevant police force, or (c) in relation to a person included in a barred persons list by virtue of paragraph 2(1)(b) or (2)(b), the finding that the person would have been dismissed is set aside. (2) The relevant policing authority must remove the person from the barred persons list. Removal of civilian employees from barred persons lists 5 (1) This paragraph applies where— (a) the dismissal of a person included in a barred persons list by virtue of paragraph 3(2)(a) is found to have been an unfair dismissal following a complaint under section 111 of the Employment Rights Act 1996 (whether by an employment tribunal or on appeal), or (b) the finding that a person included in a barred persons list by virtue of paragraph 3(2)(b) would have been dismissed is set aside at proceedings that are identified as appeal proceedings by regulations made by the Secretary of State. (2) The relevant policing authority must remove the person from the barred persons list maintained by the authority. Removal from barred lists: further provision 6 The Secretary of State may by regulations make provision in connection with the removal of persons from barred persons lists otherwise than under paragraph 4 or 5. Publication of information in barred persons lists 7 (1) This paragraph applies to— (a) the British Transport Police Authority; (b) the Civil Nuclear Police Authority; (c) the Secretary of State. (2) The Secretary of State may by regulations require a relevant policing authority to which this paragraph applies to publish information about persons included in the barred persons list maintained by the authority. (3) The regulations may in particular make provision about— (a) the persons included in the barred persons list about whom information is to be published; (b) the information which is to be published; (c) when the information is to be published; (d) the period for which the information is to remain published; (e) how the information is to be published. Power to disclose information in barred persons list 8 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in its barred persons list which relates to a particular person who is included in that list. Part 2 Advisory lists Duty to maintain advisory lists 9 (1) Each relevant policing authority must maintain an advisory list. (2) An advisory list must include such information in relation to a person as is specified in regulations made by the Secretary of State. Inclusion of persons in advisory lists 10 (1) The Director General of the National Crime Agency must include a person in the advisory list maintained by them if— (a) the person ceases to be an NCA officer by resigning or retiring, and (b) Condition 1 or Condition 2 is met in relation to the person. (2) Each other relevant policing authority must include a person in the advisory list maintained by them if— (a) the person ceases to be a constable of the relevant police force by resigning or retiring, and (b) Condition 1 or Condition 2 is met in relation to the person. (3) The Civil Nuclear Police Authority and the British Transport Police Authority must also include a person in the advisory list maintained by them if— (a) the person ceases to be a civilian employee of the authority by resigning or retiring, and (b) Condition 1 is met in relation to the person. (4) Condition 1 is that the resignation or retirement took place— (a) after a relevant allegation about the person came to the attention of the relevant policing authority, but (b) before disciplinary proceedings in respect of the allegation were brought or, if brought, before they concluded. (5) But Condition 1 is not met if, before the person resigned or retired, it was determined that no disciplinary proceedings would be brought against the person in respect of the allegation. (6) Condition 2 is that a relevant allegation about the person came to the attention of the relevant policing authority after the person resigned or retired. (7) For the purposes of this paragraph an allegation about a person is a relevant allegation if— (a) it relates to the conduct, efficiency or effectiveness of the person, and (b) the allegation (if proved) is of a type that might have resulted in the person being dismissed if the person had not resigned or retired. Removal from advisory list 11 (1) A relevant policing authority must remove a person from the advisory list maintained by the authority if— (a) it is determined that no disciplinary proceedings will be brought against the person, (b) disciplinary proceedings brought against the person are withdrawn, or (c) disciplinary proceedings brought against the person are concluded without there being a finding that the person would have been dismissed if the person had not resigned or retired. (2) A relevant policing authority must remove a person from the advisory list maintained by the authority if the person is included in the barred persons list maintained by the authority. (3) The Secretary of State may by regulations make provision in connection with removals from an advisory list otherwise than under sub-paragraph (1) or (2). Power to disclose information in advisory list 12 A relevant policing authority may, if it considers it to be in the public interest to do so, disclose to any person information included in the advisory list maintained by the authority which relates to a particular person who is included in that advisory list. Part 3 Supplementary provision Meaning of “disciplinary proceedings” 13 In this Schedule “disciplinary proceedings”— (a) in relation to an officer or former officer of the National Crime Agency, means any proceedings or process relating to the person’s conduct and any action to be taken as a result of that conduct; (b) in relation to a constable or former constable of the British Transport Police Force, means proceedings under regulations made under section 36, 37, 40 or 42 of the Railways and Transport Safety Act 2003 which apply, or deal with matters that could be dealt with by, regulations under section 50(3) or (3A) or section 51(2A) or (2B) of the Police Act 1996; (c) in relation to a constable or former constable of the Civil Nuclear Constabulary, means proceedings under provision relating to matters which are the subject of regulations under section 50(3) or (3A) of the Police Act 1996; (d) in relation to a constable or former constable of the Ministry of Defence Police, means proceedings under regulations made under section 3A(1A) or (1B) of the Ministry of Defence Police Act 1987; (e) in relation to a civilian employee of the British Transport Police Authority or the Civil Nuclear Police Authority, has the meaning given by regulations made by the Secretary of State. Interpretation: general 14 In this Schedule— “advisory list” means a list maintained by a relevant policing authority under paragraph 9(1); “barred persons list” means a list maintained by a relevant policing authority under paragraph 1(1); “civilian employee” has the meaning given by paragraph 3(3); “NCA officer” has the meaning given in section 16(1) of the Crime and Courts Act 2013; “relevant police force” has the meaning given by paragraph 2(3); “relevant policing authority” has the meaning given by paragraph 1(2). Regulations 15 (1) The Secretary of State must consult the Scottish Ministers before making regulations under this Schedule containing provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament. (2) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this Schedule containing provision which— (a) would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and (b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.