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POLICE REFORM ACT 2002

UK Public General Acts

Version 19/04/2010

2002 CHAPTER 30

Default Geographical Extent: E+W+S+N.I.


  • Part 1. Powers of the Secretary of State
  • Part 2. Complaints and Misconduct
    • The Independent Police Complaints Commission
    • Application of Part 2 (E+W)
    • Handling of complaints [F30 , conduct matters and DSI matters] etc. (E+W)
    • Co-operation, assistance and information
    • Guidance and regulations (E+W)
    • Conduct of persons in other forms of police service (E+W)
    • Transitional provisions (E+W)
    • Interpretation of Part 2
  • Part 3. Removal, suspension and disciplining of police officers
    • Removal and suspension of senior officers
    • Disciplinary proceedings and protected disclosures
  • Part 4. Police powers etc.
    • Chapter 1. Exercise of police powers etc. by civilians
    • Chapter 2. Provisions modifying and supplementing police powers
      • Powers of arrest
      • Power to require name and address (E+W)
      • Persons in police detention
      • Blood specimens
      • Seizure of motor vehicles (E+W)
      • Anti-social behaviour
      • Sex offenders
      • The British Transport Police (E+W)
      • Property in possession of NCS (E+W)
  • Part 5. The Ministry of Defence Police
  • Part 6. Miscellaneous
    • Appointment and attestation of police officers etc.
    • Bodies with functions in relation to the police
    • Liability for unlawful acts of constables etc. (E+W)
    • International joint investigation teams
  • Part 7. Supplemental
  • Version 19/04/2010
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  • Version 24/07/2002

Introductory Text

Police Reform Act 2002

2002 CHAPTER 30

An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes.

[24th July 2002]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1
Powers of the Secretary of State



1 National Policing Plan (E+W)

After section 36 of the 1996 Act there shall be inserted—

“36A National Policing Plan
(1) It shall be the duty of the Secretary of State, before the beginning of each financial year, to prepare a National Policing Plan for that year.
(2) The Secretary of State shall lay the National Policing Plan for a financial year before Parliament.
(3) Subject to subsection (4) , any such plan must be laid before Parliament not later than 30th November in the preceding financial year.
(4) If there are exceptional circumstances, any such plan may be laid before Parliament after the date mentioned in subsection (3) ; but it must be so laid before the beginning of the financial year to which it relates.
(5) If a plan is laid before Parliament after the date mentioned in subsection (3) , the plan must contain a statement of the exceptional circumstances that gave rise to its being so laid.
(6) The National Policing Plan for a financial year—
(a) must set out whatever the Secretary of State considers to be the strategic policing priorities generally for the police forces maintained for police areas in England and Wales for the period of three years beginning with that year;
(b) must describe what, in relation to that period, the Secretary of State is intending or proposing so far as each of the following is concerned—
(i) the setting of objectives under section 37 and the giving of general directions in relation to any objective so set;
(ii) the specification, under section 4 of the Local Government Act 1999 (c. 27) (performance indicators) , of performance indicators (within the meaning of that section) for police authorities;
(iii) the making of regulations under the powers conferred by this Act, by Part 4 of the Criminal Justice and Police Act 2001 (c. 16) (police training) and by Part 2 of the Police Reform Act 2002 (c. 30) (complaints etc. ) ;
(iv) the issuing of guidance under any provision of this Act or of Part 2 of the Police Reform Act 2002 (c. 30) ; and
(v) the issuing and revision of codes of practice under this Act and under Chapter 1 of Part 4 of the Police Reform Act 2002 (powers exercisable by civilians) ;
(c) may contain such other information, plans and advice as the Secretary of State considers relevant to the priorities set out in the plan.
(7) Before laying the National Policing Plan for a financial year before Parliament, 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.
(8) In this section— “ financial year ” means the period of twelve months ending with 31st March; and “ general direction ” means a direction under section 38 establishing performance targets for all police authorities to which section 37 applies.”

2 Codes of practice for chief officers (E+W)

After section 39 of the 1996 Act (codes of practice for police authorities) there shall be inserted—

“39A Codes of practice for chief officers
(1) If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces.
(2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
(3) Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement.
(4) Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority shall consult with—
(a) persons whom it considers to represent the interests of police authorities;
(b) persons whom it considers to represent the interests of chief officers of police; and
(c) such other persons as it thinks fit.
(5) The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament.
(6) The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
(a) would be against the interests of national security;
(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
(c) could jeopardise the safety of any person.
(7) In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.”

3 Powers to require inspection and report (E+W)

(1) In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary) , after subsection (2A) there shall be inserted—

“(2B) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of—
(a) a police force maintained for any police area;
(b) the National Criminal Intelligence Service; or
(c) the National Crime Squad;
and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force, Service or Squad in question, to particular matters or to particular activities of that force, Service or Squad.
(2C) Where the inspectors carry out an inspection under subsection (2B) , they shall send a report on that inspection to the Secretary of State.”;
and in section 55(1) of that Act (publication of reports) for “or (2A) ” there shall be substituted “ , (2A) or (2C) ”.
(2) In section 41 of the Police (Northern Ireland) Act 1998 (c. 32) (appointment and functions of inspectors) , after subsection (3) there shall be inserted—

“(3A) The Secretary of State may at any time require the inspectors to carry out an inspection under this section of—
(a) the Police Service of Northern Ireland; or
(b) the National Criminal Intelligence Service;
and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the Service in question, to particular matters or to particular activities of that Service.
(3B) Where the inspectors carry out an inspection under subsection (3A) , they shall send a report on that inspection to the Secretary of State.”;
and in section 42(1) of that Act (publication of reports) for “or (3) ” there shall be substituted “ , (3) or (3B) ”.

4 Directions to police authorities (E+W)

For section 40 of the 1996 Act (power to give directions in response to report on an inspection of a police force carried out for the purposes of that section) there shall be substituted—

“40 Power to give directions to a police authority
(1) Where a report made to the Secretary of State on an inspection under section 54 states, in relation to any police force maintained under section 2, or in relation to the metropolitan police force—
(a) that, in the opinion of the person making the report, the whole or any part of the force inspected is, whether generally or in particular respects, not efficient or not effective, or
(b) that, in that person’s opinion, the whole or a part of the force will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,
the Secretary of State may direct the police authority responsible for maintaining that force to take such remedial measures as may be specified in the direction.
(2) Those remedial measures must not relate to any matter other than—
(a) a matter by reference to which the report contains a statement of opinion falling within subsection (1) (a) or (b) ; or
(b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).
(3) If the Secretary of State exercises his power to give a direction under this section in relation to a police force—
(a) he shall prepare a report on his exercise of that power in relation to that force; and
(b) he shall lay that report before Parliament.
(4) A report under subsection (3) —
(a) shall be prepared at such time as the Secretary of State considers appropriate; and
(b) may relate to more than one exercise of the power mentioned in that subsection.
(5) The Secretary of State shall not give a direction under this section in relation to any police force unless—
(a) the police authority maintaining that force and the chief officer of that force have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
(b) that police authority and chief officer have each been given an opportunity of making representations about those grounds;
(c) that police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
(d) the Secretary of State has considered any such representations and any such proposals.
(6) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction under this section.
(7) 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.
(8) Regulations under this section may make different provision for different cases and circumstances.
(9) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.”

5 Directions as to action plans (E+W)

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1 S. 5 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(r)(iii) (subject to arts. 6, 7)


6 Regulation of equipment (E+W)

For subsections (2) and (3) of section 53 of the 1996 Act (regulations as to standard of equipment) , there shall be substituted—

“(1A) The Secretary of State may by regulations make any or all of the following provisions—
(a) provision requiring all police forces in England and Wales, when using equipment for the purposes specified in the regulations to use only—
(i) the equipment which is specified in the regulations;
(ii) equipment which is of a description so specified; or
(iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations;
(b) provision requiring all police forces in England and Wales to keep available for use the equipment falling within paragraph (a) (i) to (iii) which is specified or described in, or approved in accordance with, the regulations;
(c) provision prohibiting all police forces in England and Wales from using equipment of a type approved as mentioned in paragraph (a) (iii) except—
(i) where the conditions subject to which the approval was given are satisfied; and
(ii) in accordance with the other terms of that approval;
(d) provision requiring equipment used by police forces in England and Wales to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;
(e) provision prohibiting all police forces in England and Wales from using equipment specified in the regulations, or any equipment of a description so specified.
(1B) The Secretary of State shall not make any regulations under subsection (1A) unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales.
(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.
(2A) Regulations under this section may make different provision for different cases and circumstances.
(2B) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2C) In this section “ equipment ” includes—
(a) vehicles; and
(b) headgear and protective and other clothing.”

7 Regulation of procedures and practices (E+W)

After section 53 of the 1996 Act there shall be inserted—

“53A Regulation of procedures and practices
(1) The Secretary of State may by regulations make provision requiring all police forces in England and Wales—
(a) to adopt particular procedures or practices; or
(b) to adopt procedures or practices of a particular description.
(2) Before making any regulations under this section, the Secretary of State shall seek advice from—
(a) the chief inspector of constabulary; and
(b) the Central Police Training and Development Authority.
(3) Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with—
(a) persons whom he considers to represent the interests of police authorities; and
(b) persons whom he considers to represent the interests of chief officers of police.
(4) A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.
(5) Before giving any advice in response to a request for the purposes of subsection (2) , the Central Police Training and Development Authority shall consult with—
(a) persons whom it considers to represent the interests of police authorities;
(b) persons whom it considers to represent the interests of chief officers of police; and
(c) such other persons as it thinks fit.
(6) The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—
(a) he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice;
(b) the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7) ; and
(c) the Secretary of State himself is satisfied as to those matters.
(7) Those matters are—
(a) that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations;
(b) that the making of regulations is necessary for securing the adoption of that procedure or practice; and
(c) that securing the adoption of that procedure or practice is in the national interest.
(8) Regulations under this section may make different provision for different cases and circumstances.
(9) A statutory instrument containing the first regulations to be made under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.
(10) A statutory instrument containing any other regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

8 Equivalent provision for NCIS and NCS (E+W)

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F2 S. 8 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 180, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))


Part 2
Complaints and Misconduct



Annotations:

Modifications etc. (not altering text)

C1 Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30

C2 Pt. 2 (ss. 9-29) applied (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), reg. 28

C3 Pt. 2 (ss. 9-29) excluded (1.4.2004) by The Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671), arts. 2(2), 3

C4 Pt. 2 (ss. 9-29) excluded (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), regs. 3(7), 8, 9

C5 Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2


The Independent Police Complaints Commission


9 The Independent Police Complaints Commission

(1) There shall be a body corporate to be known as the Independent Police Complaints Commission (in this Part referred to as “the Commission”).

(2) The Commission shall consist of—

(a) a chairman appointed by Her Majesty; and
(b) not less than ten other members appointed by the Secretary of State.
(3) A person shall not be appointed as the chairman of the Commission, or as another member of the Commission, if—

(a) he holds or has held office as a constable in any part of the United Kingdom;
(b) he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;
(c) he is a person in relation to whom a designation under section 39 is or has been in force;
(d) he is a person in relation to whom an accreditation under section 41 [F3 or 41A] is or has been in force;
[F4 (da) he is or has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;]
[F5 (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;]
(e) he F6 . . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or
(f) he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—
(i) section 26 of this Act; or
(ii) section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).
(4) An appointment made in contravention of subsection (3) shall have no effect.

(5) The Commission shall not—

(a) be regarded as the servant or agent of the Crown; or
(b) enjoy any status, privilege or immunity of the Crown;
and the Commission’s property shall not be regarded as property of, or property held on behalf of, the Crown.
(6) Schedule 2 (which makes further provision in relation to the Commission) shall have effect.

(7) The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.

Annotations:

Amendments (Textual)

F3 Words in s. 9(3)(d) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 40; S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)

F4 S. 9(3)(da) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 2(a); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F5 S. 9(3)(db) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 81; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F6 Words in s. 9(3)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 2(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

Modifications etc. (not altering text)

C6 S. 9 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1

C7 S. 9 applied (with modifications) (5.8.2009) by The UK Border Agency (Complaints and Misconduct) Regulations 2009 (S.I. 2009/2133), reg. 4

C8 S. 9 applied (with modifications) (7.4.2010) by The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782), reg. 4

C9 S. 9 applied (with modifications) (5.8.2010) by The Revenue and Customs (Complaints and Misconduct) Regulations 2010 (S.I. 2010/1813), reg. 5 (with reg. 11)

Commencement Information

I1 S. 9 wholly in force at 1.4.2003; s. 9 not in force at Royal Assent, see s. 108(2); s. 9(2)-(4)(6) in force for certain purposes at 1.10.2002 by S.I. 2002/2306,{art. 2(b)(i)}; s. 9 in force in so far as not already in force at 1.4.2003 by S.I. 2003/808, art. 2(a)


10 General functions of the Commission

(1) The functions of the Commission shall be—

(a) to secure the maintenance by the Commission itself, and by police authorities and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2) ;
(b) to keep under review all arrangements maintained with respect to those matters;
(c) to secure that arrangements maintained with respect to those matters comply with the requirements of the following provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;
(d) to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;
(e) to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, and also of police practice in relation to other matters, as appear, from the carrying out by the Commission of its other functions, to be necessary or desirable; F7 . . .
(f) to such extent as it may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F8 . . . bodies of constables maintained otherwise than by police authorities which broadly correspond to those conferred on the Commission in relation to police forces by the preceding paragraphs of this subsection[F9 ; F10 . . .
(g) to carry out functions in relation to the Serious Organised Crime Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (e) of this subsection] [F11 ; 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.]
(2) Those matters are—

(a) the handling of complaints made about the conduct of persons serving with the police;
(b) the recording of matters from which it appears that there may have been conduct by such persons which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;
[F12 (ba) the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;]
(c) the manner in which any such complaints or any such matters as are mentioned in paragraph (b) [F13 or (ba) ] are investigated or otherwise handled and dealt with.
(3) The Commission shall also have the functions which are conferred on it by—

(a) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any agreement or order under section 26 of this Act (other bodies of constables) ;
[F15 (ba) any agreement under section 26A of this Act (Serious Organised Crime Agency) ;]
[F16 (bb) any agreement under section 26B of this Act (National Policing Improvement Agency) ;]
(c) any regulations under section 39 of this Act (police powers for contracted-out staff) ; or
(d) any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of F17 . . . any body of constables maintained otherwise than by a police authority.
(4) It shall be the duty of the Commission—

(a) to exercise the powers and perform the duties conferred on it by the following provisions of this Part in the manner that it considers best calculated for the purpose of securing the proper carrying out of its functions under subsections (1) and (3) ; and
(b) to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the Commission has functions.
(5) It shall also be the duty of the Commission—

(a) to enter into arrangements with the chief inspector of constabulary for the purpose of securing co-operation, in the carrying out of their respective functions, between the Commission and the inspectors of constabulary; and
(b) to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the Commission to be appropriate, for facilitating the carrying out by those inspectors of their functions.
(6) Subject to the other provisions of this Part, the Commission may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.

(7) The Commission may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—

(a) its function under subsection (1) (e) , F18 . . .
(b) any corresponding function conferred on it by virtue of subsection (1) (f) ,[F19 or
(c) its function under subsection (1) (g) [F20 or (h) ] ,]
impose any such charge on that person for anything done by the Commission for the purposes of, or in connection with, the carrying out of that function as it thinks fit.
(8) Nothing in this Part shall 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 a police force by—

(a) the chief officer of police of that force; or
(b) a person for the time being carrying out the functions of the chief officer of police of that force.
[F21 (9) Nothing in this Part shall confer any function on the Commission in relation to so much of any complaint, conduct matter or DSI matter as relates to—

(a) any functions of the Serious Organised Crime Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets) ; or
(b) the functions of the National Policing Improvement Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).]
Annotations:

Amendments (Textual)

F7 Word in s. 10(1)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F8 Words in s. 10(1)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(2)(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F9 S. 10(1)(g) and preceding word inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(2)(c); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F10 Word in s. 10(1) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)

F11 S. 10(1)(h) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F12 S. 10(2)(ba) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 2(2); S.I. 2005/1521, art. 3(1)(w)

F13 Words in s. 10(2)(c) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 2(3); S.I. 2005/1521, art. 3(1)(w)

F14 S. 10(3)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(3)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F15 S. 10(3)(ba) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(3)(b); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F16 S. 10(3)(bb) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(3); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F17 Words in s. 10(3)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(3)(c), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F18 Word in s. 10(7)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F19 S. 10(7)(c) and preceding word inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(4); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F20 Words in s. 10(7)(c) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F21 S. 10(9) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94, Sch. 8 para. 160; S.I. 2008/755, art. 2(1)(a) (subject to arts. 3-14)

Modifications etc. (not altering text)

C10 S. 10 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1


11 Reports to the Secretary of State

(1) As soon as practicable after the end of each of its financial years, the Commission shall make a report to the Secretary of State on the carrying out of its functions during that year.

(2) The Commission shall also make such reports to the Secretary of State about matters relating generally to the carrying out of its functions as he may, from time to time, require.

(3) The Commission may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—

(a) have come to the Commission’s notice; and
(b) are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.
(4) The Commission shall prepare such reports containing advice and recommendations as it thinks appropriate for the purpose of carrying out—

(a) its function under subsection (1) (e) of section 10; or
(b) any corresponding function conferred on it by virtue of subsection (1) (f) of that section.
(5) Where the Secretary of State receives any report under this section, he shall—

(a) in the case of every annual report under subsection (1) , and
(b) in the case of any other report, if and to the extent that he considers it appropriate to do so,
lay a copy of the report before Parliament and cause the report to be published.
(6) The Commission shall send a copy of every annual report under subsection (1) —

(a) to every police authority;
[F22 (b) to the Serious Organised Crime Agency ; F23 . . . ]
(d) to every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section[F24 ; and
(e) to the National Policing Improvement Agency.]
(7) The Commission shall send a copy of every report under subsection (3) —

(a) to any police authority that appears to the Commission to be concerned; and
(b) to the chief officer of police of any police force that appears to it to be concerned.
[F25 (8) Where a report under subsection (3) relates to the Serious Organised Crime Agency, the Commission shall send a copy of that report to the Agency.]

(9) Where a report under subsection (3) relates to a body of constables maintained by an authority other than a police authority, the Commission shall send a copy of that report—

(a) to that authority; and
(b) to the person having the direction and control of that body of constables.
[F26 (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.]

(10) The Commission shall send a copy of every report under subsection (4) to—

(a) the Secretary of State;
(b) every police authority;
(c) every chief officer;
[F27 (d) the Serious Organised Crime Agency;]
(f) every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; F23 . . .
(g) every person who has the direction and control of such a body of constables[F28 ; and
(h) the National Policing Improvement Agency.]
(11) The Commission shall send a copy of every report made or prepared by it under subsection (3) or (4) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or
(b) appear to the Commission otherwise to have a particular interest in its contents,
as the Commission thinks fit.
Annotations:

Amendments (Textual)

F22 S. 11(6)(b) substituted for s. 11(6)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 4(2); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F23 Words in s. 11(6)(10) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)

F24 S. 11(6)(e) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 83(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F25 S. 11(8) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 4(3); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F26 S. 11(9A) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 83(3); S.I 2007/709, {art. 3(a)} (subject to arts. 6, 7)

F27 S. 11(10)(d) substituted for s. 11(10)(d)(e) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 4(4); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F28 S. 11(10)(h) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 83(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

Modifications etc. (not altering text)

C11 S. 11 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1