ukpga/2002/30 — Police Reform Act 2002

Police Reform Act 2002 2002 c. 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 National Policing Plan 1 After section 36 of the 1996 Act there shall be inserted— National Policing Plan 36A 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. Codes of practice for chief officers 2 After section 39 of the 1996 Act (codes of practice for police authorities) there shall be inserted— Codes of practice for chief officers 39A 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. Powers to require inspection and report 3 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) ” . Directions to police authorities 4 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— Power to give directions to a police authority 40 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. Directions as to action plans 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation of equipment 6 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. Regulation of procedures and practices 7 After section 53 of the 1996 Act there shall be inserted— Regulation of procedures and practices 53A 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. Equivalent provision for NCIS and NCS 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Complaints and Misconduct The Independent Office for Police Conduct The Independent Office for Police Conduct 9 1 The body corporate previously known as the Independent Police Complaints Commission— a is to continue to exist, and b is to be known instead as the Independent Office for Police Conduct. 2 The Office is to consist of— a a Director General appointed by Her Majesty, and b at least six other members. 2A The other members must consist of— a persons appointed as non-executive members (see paragraph 1A of Schedule 2), and b persons appointed as employee members (see paragraph 1B of that Schedule), but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members. 3 A person shall not be appointed as the Director General ... 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 or 41A is or has been in force; da he ... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency; db he ... 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; dc the person is, or has been, a National Crime Agency officer; e he . . . 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 Neither the Office nor the Director General shall— a be regarded as the servant or agent of the Crown; or b enjoy any status, privilege or immunity of the Crown; and the Office'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 Office ) shall have effect. 7 The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint. General functions of the Director General 10 1 The functions of the Director General shall be— a to secure the maintenance by the Director General ..., and by local policing bodies 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 Director General of the Director General's other functions, to be necessary or desirable; ... f to such extent as the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to ... bodies of constables maintained otherwise than by local policing bodies which broadly correspond to those conferred on the Director General in relation to police forces by the preceding paragraphs of this subsection ; ... g to carry out functions in relation to the National Crime Agency which correspond to those conferred on the Director General in relation to police forces by paragraph (e) of this subsection ; and ga to carry out such corresponding functions in relation to enforcement officers (within the meaning of Part 5 of the Employment Rights Act 2025) acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984; gb to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of— i section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or ii section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence) , and gc to carry out such corresponding functions 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) ; and gd to carry out such corresponding functions 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). h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Those matters are— a the handling of complaints (within the meaning given by section 12) or other concerns raised by virtue of Part 2B (whistle-blowing) ; b the recording of matters from which it appears that there may have been conduct by persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings; 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 other concerns or any such matters as are mentioned in paragraph (b) or (ba) are investigated or otherwise handled and dealt with. 3 The Director General shall also have the functions which are conferred on the Director General by— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b any agreement or order under section 26 of this Act (other bodies of constables); bc any regulations under section 26C of this Act (the National Crime Agency); bca any regulations under section 26CA of this Act (enforcement officers appointed under Employment Rights Act 2025); bd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . be any regulations under section 26E of this Act (food crime officers); bf any regulations under section 26G of this Act (public sector fraud investigators); bg any regulations under section 26H of this Act (DWP investigators); 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 ... any body of constables maintained otherwise than by a local policing body . 3A The Director General also has any functions conferred on the Director General by regulations under section 29C of this Act (regulations about super-complaints). 3B The Director General also has the functions which are conferred on the Director General by Part 2B (whistle-blowing). 4 It shall be the duty of the Director General — a to exercise the powers and perform the duties conferred on the Director General by the following provisions of this Part in the manner that the Director General considers best calculated for the purpose of securing the proper carrying out of the Director General's 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 Director General has functions. 5 It shall also be the duty of the Director General — 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 Director General 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 Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions. 5A In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)). 6 Subject to the other provisions of this Part, the Director General may do anything which appears to the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of the Director General's functions. 7 The Office 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 the Director General's function under subsection (1)(e), ... b any corresponding function conferred on the Director General by virtue of subsection (1)(f), or c the Director General's function under subsection (1)(g) or (h) , impose any such charge on that person for anything done by the Director General for the purposes of, or in connection with, the carrying out of that function as the Director General thinks fit. 7A In this section, “ public sector fraud investigators ” means authorised investigators within the meaning given by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025. 7B In this section, “ DWP investigators ” means authorised investigators within the meaning given by section 109D of the Social Security Administration Act 1992. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General functions of the Office 10A 1 The functions of the Office are— a to secure that the Office has in place appropriate arrangements for good governance and financial management, b to determine and promote the strategic aims and values of the Office, c to provide support and advice to the Director General in the carrying out of the Director General's functions, and d to monitor and review the carrying out of such functions. 2 The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made). 3 The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 4 In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 5 The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions. Efficiency etc in exercise of functions 10B The Director General and the Office must carry out their functions efficiently and effectively. Strategy for exercise of functions 10C 1 The Director General and the Office must jointly— a prepare a strategy for the carrying out of their functions, and b review the strategy (and revise it as appropriate) at least once every 12 months. 2 The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period. 3 The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office. 4 The Director General and the Office must each give effect to the strategy in carrying out their functions. 5 The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect). 6 In this section “ relevant period ”, in relation to a strategy, means the period of time that is covered by the strategy. Code of practice 10D 1 The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office. 2 In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions. 3 The code must include provision as to the following— a how the strategy required by section 10C is to be prepared, reviewed and revised; b the matters to be covered by the strategy and the periods to be covered by it from time to time; c how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office; d the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General; e the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so; f how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2). 4 The Code may include whatever other provision the Director General and the Office think appropriate. 5 The Director General and the Office must jointly review the code regularly and revise it as appropriate. 6 The Director General and the Office must each comply with the code. 7 The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect). Reports to the Secretary of State 11 1 As soon as practicable after the end of each of the Office's financial years, the Director General and the Office must jointly make a report to the Secretary of State on the carrying out of their functions during that year. 2 The Secretary of State may also require reports to be made (at any time)— a by the Director General about the carrying out of the Director General's functions, b by the Office about the carrying out of the Office's functions, or c jointly by the Director General and the Office about the carrying out of their functions. 2A The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which— a have come to the Director General's notice, and b are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances. 3 The Office 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 Office'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. 3A The Director General and the Office may jointly make reports under subsections (2A) and (3). 4 The Director General shall prepare such reports containing advice and recommendations as the Director General thinks appropriate for the purpose of carrying out— a the Director General's function under subsection (1)(e) of section 10; or b any corresponding function conferred on the Director General 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 Office shall send a copy of every annual report under subsection (1)— a to every local policing body ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 ; and e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f to the National Crime Agency. 6A The Director General must send a copy of every report under subsection (2A) — a to any local policing body that appears to the Director General to be concerned, and b to the chief officer of police of any police force that appears to the Director General to be concerned. 7 The Office shall send a copy of every report under subsection (3)— a to any local policing body that appears to the Office to be concerned; and b to the chief officer of police of any police force that appears to it to be concerned. 8 Where a report under subsection (2A) or (3) relates to the National Crime Agency , the Director General or the Office (as the case may be) shall send a copy of that report to the Agency. 9 Where a report under subsection (2A) or (3) relates to a body of constables maintained by an authority other than a local policing body , the Director General or the Office (as the case may be) 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. 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 The Director General shall send a copy of every report under subsection (4)to— a the Secretary of State; b every local policing body ; c every chief officer; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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; . . . g every person who has the direction and control of such a body of constables ; ... h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and i the National Crime Agency. 11 The Director General shall send a copy of every report made or prepared by the Director General under subsection (2A) 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 Director General otherwise to have a particular interest in its contents, as the Director General thinks fit. 12 The Office must send a copy of every report made or prepared by it under subsection (3) 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 Office otherwise to have a particular interest in its contents, as the Office thinks fit. 13 Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person. Application of Part 2 Complaints, matters and persons to which Part 2 applies 12 1 In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public. 1A But an expression of dissatisfaction is a complaint for the purposes of this Part— a where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B); b in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed. 1B In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is— a a person who claims to be the person in relation to whom the conduct took place; b a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or c a person who claims to have witnessed the conduct. 2 In this Part “ conduct matter ” means (subject to the following provisions of this section, section 28A and any regulations made under it, ... and any regulations made by virtue of section 23(2)(d)) any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have— a committed a criminal offence; or b behaved in a manner which would justify the bringing of disciplinary proceedings. 2A In this Part “ death or serious injury matter ” (or “ DSI matter ” for short) means (subject to section 28A and any regulations made under it) any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)— a in or in consequence of which a person has died or has sustained serious injury; and b in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied. 2B The requirements of this subsection are that at the time of the death or serious injury the person— a had been arrested by a person serving with the police and had not been released from that arrest; or b was otherwise detained in the custody of a person serving with the police. 2C The requirements of this subsection are that— a at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and b there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury. 2D In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “ contact ” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties. 3 The complaints that are complaints for the purposes of this Part by virtue of subsection (1B)(b) do not, except in a case falling within subsection (4), include any where the person in question claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct. 4 A case falls within this subsection if— a it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that he was able to see or hear the conduct or its effects; or b the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect. 4A In this section, “ the person in question ” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed. 5 For the purposes of this section a person shall be taken to have witnessed conduct if, and only if— a he acquired his knowledge of that conduct in a manner which would make him a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or b he has in his possession or under his control anything which would in any such proceedings constitute admissible evidence of that conduct. 6 For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless— a that other person is for the time being designated for the purposes of this Part by the Director General as a person through whom complaints may be made, or he is of a description of persons so designated; or b the other person has been given, and is able to produce, the written consent to his so acting of the person on whose behalf he acts. 7 For the purposes of this Part, a person is serving with the police if— a he is a member of a police force; aa he is a civilian employee of a police force; b he is an employee of the Common Council of the City of London who is under the direction and control of a chief officer; ... c he is a special constable who is under the direction and control of a chief officer ; or d he is a person designated as a community support volunteer or a policing support volunteer under section 38. 8 The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part— a a contractor, b a sub-contractor of a contractor, or c an employee of a contractor or a sub-contractor, is to be treated as a person serving with the police. 9 Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons. 10 In subsection (8) “ contractor ” means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer. Handling of complaints , conduct matters and DSI matters etc. Handling of complaints , conduct matters and DSI matters etc. 13 Schedule 3 (which makes provision for the handling of complaints , conduct matters and DSI matters and for the carrying out of investigations) shall have effect .... Local policing bodies: functions in relation to complaints 13A 1 The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3). 2 The provisions specified in this subsection are— a paragraph 2(6) to (6D) of Schedule 3, and b paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule. 3 The provisions specified in this subsection are— a section 20, and b section 21 in so far as that section relates to complaints. 4 In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given— a the functions of the chief officer to which the notice relates become functions of the local policing body, b references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and c for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer. 5 Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a). 6 The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal. 7 Regulations under subsection (6) may (amongst other things) make provision about— a the steps that a local policing body must take before giving a notice; b the circumstances in which a notice may be withdrawn. Power of the Director General to require re-investigation 13B 1 This section applies where— a a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Director General has been submitted to the Director General under paragraph 22(3) or 24A of Schedule 3, or b a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Director General has been submitted to the Director General (or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General) under paragraph 22(5) or 24A of Schedule 3. 2 The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if the Director General is satisfied that there are compelling reasons for doing so. 3 Where the Director General makes a determination under subsection (2), the Director General must determine that the re-investigation is to take the form of an investigation by the Director General unless subsection (4) applies, in which case the Director General must determine that the re-investigation is to take the form described in that subsection. 4 This subsection applies where the Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the Director General . 5 Where— a the Director General determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the Director General , and b at any time after that the Director General determines that subsection (4) applies in relation to the re-investigation, the Director General may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the Director General . 6 Where the Director General determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the Director General , the Director General must keep under review whether subsection (4) continues to apply in relation to the re-investigation. 7 If, on such a review, the Director General Director General determines that subsection (4) no longer applies in relation to a re-investigation, the Director General must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Director General . 8 Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph. 9 The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15. 10 The Director General shall notify the appropriate authority of any determination that the Director General makes under this section and of the Director General's reasons for making the determination. 11 The Director General shall also notify the following of any determination that the Director General makes under this section and of the Director General's reasons for making the determination— a every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21; b where the determination is made in relation to a complaint, the complainant; c the person to whose conduct the re-investigation will relate. 12 The duty imposed by subsection (11) on the Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State. 13 Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section. 14 In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question. 15 The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3. Direction and control matters 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-operation, assistance and information General duties of local policing bodies , chief officers and inspectors 15 1 It shall be the duty of— a every local policing body maintaining a police force, b the chief officer of police of every police force, and c every inspector of constabulary carrying out any of his functions in relation to a police force, to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2). 1A It shall be the duty of the National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2). 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Those matters are— a matters with respect to which any provision of this Part has effect; b anything which is done under or for the purposes of any such provision; and c any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened. 2A Subsection (2B) applies in a case where it appears to a local policing body that— a an obligation to act or refrain from acting has arisen by or under this Part, b that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and c the chief officer has not yet complied with that obligation, or has contravened it. 2B The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate. 2C The chief officer must comply with any direction given under subsection (2B). 3 Where— a a local policing body maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16 ... or 18 of Schedule 3, b the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or c a local policing body or chief officer requires the Director General of the National Crime Agency to provide a National Crime Agency officer for appointment under any of those paragraphs, it shall be the duty of the chief officer to whom the requirement is addressed or of the Director General of the Agency to comply with it. 4 It shall be the duty of— a every local policing body maintaining a police force, b the chief officer of police of every police force, and c the National Crime Agency , to provide the Director General and every member of the Office's staff with all such assistance as the Director General or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the Director General under this Part or any review under paragraph 25 of Schedule 3 . 5 It shall be the duty of— a every local policing body maintaining a police force, b the chief officer of every police force, and c the National Crime Agency , to ensure that a person appointed under paragraph 16 ... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require 6 The duties imposed by subsections (4) and (5) on a local policing body maintaining a police force and on the chief officer of such a force and on the National Crime Agency have effect— a irrespective of whether the investigation or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or a a National Crime Agency officer ; ... b in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; and c in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control; but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs . . . . 7 In subsection (6) “ third force ”, in relation to an investigation, means a police force other than— a the force to which the person carrying out the investigation belongs; or b the force to which the person whose conduct is under investigation belonged at the time of the conduct; and where the person whose conduct is under investigation was a National Crime Agency officer at the time of the conduct, “ third force ” means any police force other than the force to which the person carrying out the investigation belongs. 8 Where the person who requires assistance and co-operation under subsection (5) is a National Crime Agency officer , a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency. 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8B In subsections (8) and (8A) “ third force ”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct. 9 Where— a the person carrying out an investigation is not a National Crime Agency officer ; and b the person whose conduct is under investigation was not a National Crime Agency officer at the time of the conduct, the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer. 10 In subsection (9) “the relevant directing officer”— a in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment for assistance with investigations 16 1 This section applies where— a one police force is required to provide assistance to another in connection with an investigation under this Part; or b a police force is required to provide assistance to the Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 . 2 For the purposes of this section— a assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“ the assisting force ”) complies with a requirement under section 15 (3) or (5) that is made in connection with ai an investigation of a complaint where the complainant expressed dissatisfaction with the other force, i an investigation of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or ii an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and b assistance is required to be provided by a police force (“the assisting force”) to the Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with ai an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force, i an investigation of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, ... ii an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that force , or iii a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force. 3 Where the assistance is required to be provided by one police force to another, the local policing body maintaining that other police force shall pay to the local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance— a as may be agreed between them; or b in the absence of an agreement, as may be determined in accordance with any arrangements which— i have been agreed to by local policing bodies generally; and ii are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or c in the absence of any such arrangements, as may be determined by the Secretary of State. 4 Where the assistance is required to be provided by a police force to the Director General , Office shall pay to the local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance— a as may be agreed between the Director General and that body ; or b in the absence of an agreement, as may be determined in accordance with any arrangements which— i have been agreed to by local policing bodies generally and by the Director General ; and ii are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the Director General ; or c in the absence of any such arrangements, as may be determined by the Secretary of State. 5 In this section (subject to subsection (6))— a references to a police force and to a local policing body maintaining a police force include references to the National Crime Agency ; and b in relation to that Agency, references to the chief officer are references to the Director General of that Agency . 6 This section shall have effect in relation to cases in which assistance is required to be provided by the National Crime Agency as if— a the reference in subsection (3)(b) to local policing bodies generally included a reference to the Agency; and b the reference in subsection (4)(b) to local policing bodies generally were a reference to the Agency. 7 This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in