Police Reform Act 2002 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Summary

    1. Part 1: Powers of the Secretary of State

    2. Part 2: Complaints and Misconduct

    3. Part 3: Removal, suspension and disciplining of police officers

    4. Part 4: Police Powers

    5. Part 5: The Ministry of Defence Police

    6. Part 6: Miscellaneous

    7. Part 7: Supplemental

  3. Background

    1. Part 1: Powers of the Secretary of State

    2. Part 2: Complaints and Misconduct

    3. Part 3: Removal, suspension and disciplining of police officers

    4. Part 4: Police Powers etc.

      1. Chapter 1: Exercise of police powers etc. by civilians

    5. Part 5: The Ministry of Defence Police

  4. The Act

    1. Commentary on Sections

      1. Part 1: Powers of the Secretary of State

        1. Section 1: National Policing Plan

        2. Section 2: Codes of practice for chief officers

        3. Section 3: Powers to require inspection and report

        4. Section 4: Directions to police authorities

        5. Section 5: Directions as to action plans

        6. Section 6: Regulation of equipment

        7. Section 7: Regulation of procedures and practices

        8. Section 8 and Schedule 1: Equivalent provision for NCIS and NCS

      2. Part 2: Complaints and misconduct

        1. Section 9: The Independent Police Complaints Commission

      3. Schedule 2: Independent Police Complaints Commission

        1. Paragraph 1: Chairman

        2. Paragraph 2: Ordinary Members of the Commission

        3. Paragraph 6: Staff

        4. Section 10: General functions of the Commission

        5. Section 11: Reports to the Secretary of State

        6. Section 12: Complaints, matters and persons to which Part 2 applies

        7. Section 13 and Schedule 3: Handling of complaints and conduct matters etc.

      4. Schedule 3Part 1: Handling of complaints

        1. Paragraph 2: Initial handling and recording of complaints

        2. Paragraph 3: Failures to notify or record a complaint

        3. Paragraph 4: Reference of complaints to the Commission

        4. Paragraph 5: Duties of the Commission on references under paragraph 4

        5. Paragraph 6: Handling of complaints by the appropriate authority

        6. Paragraph 7: Dispensation by the Commission from requirements of Schedule

        7. Paragraph 8: Local resolution of complaints

        8. Paragraph 9: Appeals relating to local resolution

      5. Schedule 3Part 2: Handling of conduct matters

        1. Paragraph 10: Conduct matters arising in civil proceedings

        2. Paragraph 11: Recording etc. of conduct matters in other cases

        3. Paragraph 13: Reference of conduct matters to the Commission

        4. Paragraph 14: Duties of the Commission on references under paragraph 13

      6. Schedule 3Part 3: Investigations and subsequent proceedings

        1. Paragraph 15: Power of the Commission to determine the form of investigation

        2. Paragraph 16: Investigation by the appropriate authority on its own behalf

        3. Paragraph 17: Investigations supervised by the Commission

        4. Paragraph 18: Investigations managed by the Commission

        5. Paragraph 19: Investigations by the Commission itself

        6. Paragraph 20: Restrictions on proceedings pending the conclusion of an investigation

        7. Paragraph 21: Power of Commission to discontinue and investigation

        8. Paragraph 22: Final reports of investigations

        9. Paragraph 23: Action by the Commission in response to an investigation report

        10. Paragraph 24: Action by the appropriate authority in response to an investigation report

        11. Paragraph 25: Appeals to the Commission with respect to an investigation

        12. Paragraph 26: Reviews and re-investigations following an appeal

        13. Paragraph 27: Duties with respect to disciplinary proceedings

        14. Paragraph 28: Information for complainant about disciplinary recommendations

        15. Section 14: Direction and control matters

        16. Section 15: General duties of police authorities, chief officers and inspectors

        17. Section 16: Payment for assistance with investigations

        18. Section 17: Provision of information to the Commission

        19. Section 18: Inspections of police premises on behalf of the Commission

        20. Section 19: Use of investigatory powers by or on behalf of the Commission

        21. Section 20: Duty to keep the complainant informed

        22. Section 21: Duty to provide information for other persons

        23. Section 22: Power of the Commission to issue guidance

        24. Section 26: Forces maintained otherwise than by police authorities

        25. Section 27: Conduct of the Commission’s staff

      7. Part 3: Removal, suspension and disciplining of police officers

        1. Section 30: Resignation in the interests of efficiency and effectiveness

        2. Section 31: Procedural requirements for removal of senior officers

        3. Section 32: Suspension of senior officers

        4. Section 33: Removal of senior officers at the instance of the Secretary of State

        5. Section 34: Regulations concerning procedure for removal of senior officers

        6. Section 35: Disciplinary proceedings for special constables

        7. Section 36: Conduct of disciplinary proceedings

        8. Section 37: Protected disclosures by police officers

      8. Part 4: Police powers

        1. Chapter 1: Exercise of police powers etc. by civilians

          1. Section 38: Police powers for police authority employees

      9. Schedule 4: Police powers exercisable by police civilians

      10. Part 1: Community support officers

      11. Part 2: Investigating Officers

      12. Part 3: Detention officers

      13. Part 4: Escort Officers

        1. Section 39: Police powers for contracted-out staff

        2. Section 40: Community safety accreditation schemes

        3. Section 41: Accreditation under community safety accreditation schemes

      14. Schedule 5: Powers exercisable by accredited persons

        1. Section 42: Supplementary provisions relating to designations and accreditations

        2. Section 43: Railway safety accreditation scheme

        3. Section 44: Removal of restriction on powers conferred on traffic wardens

        4. Section 45: Code of practice relating to chief officers’ powers under Chapter 1

        5. Section 46: Offences against designated and accredited persons etc.

        6. Section 47: Interpretation of Chapter 1

      15. Part 4Chapter 2: Provisions modifying and supplementing police powers

        1. Section 48: Offences for which a person may be arrested without warrant

      16. Schedule 6: Specific offences which are arrestable offences

        1. Section 49: Power of arrest in relation to failure to stop a vehicle

        2. Section 50: Persons acting in an anti-social manner

        3. Section 51: Independent custody visitors for places of detention

        4. Section 52: Detention review for detained persons who are asleep

        5. Section 53: Persons suspected of offences connected with transport systems

        6. Section 54: Persons authorised to take intimate samples from persons in police detention

        7. Section 55: Extension of role of health care professionals

        8. Section 56: Specimens taken from persons incapable of consenting

        9. Section 57: Use of specimens taken from persons incapable of consenting

        10. Section 58: Equivalent provision for offences connected with transport systems

        11. Section 59: Vehicles used in a manner causing alarm, distress or annoyance

        12. Section 60: Retention of vehicles seized under section 59

        13. Section 61: Anti-social behaviour orders

        14. Section 62: Power of Secretary of State to add relevant authorities

        15. Section 63: Orders in county court proceedings

        16. Section 64: Orders on conviction in criminal proceedings

        17. Section 65: Interim orders

        18. Section 66: Consultation requirements

        19. Section 67: Sex offenders: England and Wales

        20. Section 68: Interim orders for sex offenders: England and Wales

        21. Section 69: Sex offender orders made in Scotland or Northern Ireland

        22. Section 70: Sex offenders: Scotland

        23. Section 71: Sex offender orders made in England and Wales or Northern Ireland

        24. Section 72: Sex offenders: Northern Ireland

        25. Section 73: Interim orders for sex offenders: Northern Ireland

        26. Section 74: Sex Offender Orders made in England and Wales or Scotland

        27. Section 75: Removal of truants to designated places

        28. Section 76: Amendments to Part 3 of the Road Traffic Offenders Act 1988

        29. Section 77: Application of the Police (Property) Act 1897 to NCS

      17. Part 5: The Ministry of Defence Police

        1. Section 78: Ministry of Defence Police serving with other forces

        2. Section 79: Disciplinary matters

        3. Section 80: Functions of inspectors of constabulary

        4. Section 81: Exemptions from firearms legislation

      18. Part 6: Miscellaneous

        1. Section 82: Nationality requirements

        2. Section 83: Attestation of constables

        3. Section 84: Delegation of functions in relation to senior appointments

        4. Section 85: Director General of NCIS

        5. Section 86: Police members of NCIS

        6. Section 87: Police members of NCS

        7. Sections 88 and 89: Regulations for NCIS and NCS

        8. Sections 90 and 91: Supplementary provisions about police membership of NCIS and NCS

        9. Section 92: Police authorities to produce three-year strategy plans

        10. Section 93: Quorum for the Service Authorities under the 1997 Act

        11. Section 94: Expenses of members of police authorities etc.

        12. Section 95: Duties under the Health and Safety at Work etc. Act 1974

        13. Section 96: President of ACPO

        14. Section 97: Crime and disorder reduction partnerships

        15. Section 98: Secretary of State’s functions in relation to strategies

        16. Section 99: Power to modify the functions and structure of PITO

        17. Section 100: Metropolitan Police Authority Housing

        18. Section 101: Provision of goods and services by police authorities

        19. Section 102: Liability for wrongful acts of constables etc.

        20. Section 103: Liability in respect of members of teams

        21. Section 104: Assaults on members of teams

      19. Part 7: Supplemental

        1. Section 108: Short title, commencement and extent

  5. Commencement

  6. Hansard References

  7. Glossary

  • Explanatory Notes Table of contents

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