Policing and Crime Act 2017

Publication Date:January 01, 2017


Policing and Crime Act 2017

2017 Chapter 3

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs’ Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners’ duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

[31 January 2017]

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:—

1 Emergency services collaboration

Part 1

Emergency services collaboration

CHAPTER 1

Collaboration agreements

S-1 Collaboration agreements

1 Collaboration agreements

(1) A collaboration agreement may be made by—

(a)

one or more persons within a paragraph of subsection (2), and

(b)

one or more persons within another paragraph of that subsection.

(2) Those persons are—

(a)

an ambulance trust in England,

(b)

a fire and rescue body in England, and

(c)

a police body in England.

(3) A collaboration agreement is an agreement in writing that sets out how the parties to the agreement will work together in discharging their functions.

(4) Subsection (1) does not prevent a person other than a person listed in subsection (2) from being a party to a collaboration agreement.

(5) This section is subject to section 3 (collaboration agreements: specific restrictions).

(6) Section 4 makes further provision about collaboration agreements.

S-2 Duties in relation to collaboration agreements

2 Duties in relation to collaboration agreements

(1) A relevant emergency service in England (“the relevant service”) must keep under consideration whether entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services.

(2) If the relevant service considers that entering into a collaboration agreement with one or more other relevant emergency services in England could be in the interests of the efficiency or effectiveness of that service and those other services (“the proposed collaboration”), the relevant service must notify those other services of the proposed collaboration.

(3) The relevant service and the other services (“the proposed parties”) must consider whether the proposed collaboration would be in the interests of the efficiency or effectiveness of the proposed parties.

(4) Subsection (5) applies if—

(a)

a proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party), and

(b)

at least one other proposed party is of the view that the proposed collaboration would be in the interests of its efficiency or effectiveness (if it were to give effect to the proposed collaboration, or to give effect to it so far as it relates to that party).

(5) Each proposed party which is of that view must give effect to the proposed collaboration, or give effect to it so far as it relates to that party, by entering into a collaboration agreement (if the party has power to do so).

(6) In the application of this section to a local policing body, references to the efficiency or effectiveness of that body include the efficiency or effectiveness of the police force it is responsible for maintaining.

(7) This section is subject to section 3 (collaboration agreements: specific restrictions).

S-3 Collaboration agreements: specific restrictions

3 Collaboration agreements: specific restrictions

(1) Section 2 does not require a relevant emergency service in England to enter into a collaboration agreement if the service is of the view that the proposed collaboration would have an adverse effect on public safety or otherwise have an adverse effect on its efficiency or effectiveness.

(2) Section 2 does not require an ambulance trust in England to enter into a collaboration agreement that would in the view of that trust have an adverse effect on—

(a)

its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, or

(b)

the health service in England (within the meaning of the National Health Service Act 2006).

(3) Section 2 applies to an ambulance trust in England only so far as it provides an emergency ambulance service.

(4) Subsection (5) applies where an ambulance trust in England is considering whether a proposed collaboration would be in the interests of the efficiency or effectiveness of the trust for the purposes of section 2.

(5) The ambulance trust must have particular regard to any effect that entering into a collaboration agreement pursuant to the proposed collaboration would have on—

(a)

its ability to exercise any of its functions other than its functions of providing an emergency ambulance service, and

(b)

the health service in England (within the meaning of the National Health Service Act 2006).

(6) The London Fire Commissioner must consult the Mayor of London before entering into a collaboration agreement (unless the Mayor is a party to the agreement).

(7) A combined authority that exercises the functions of a fire and rescue authority by virtue of section 105 or 105A of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the authority to which the agreement relates are functions of a fire and rescue authority that the combined authority is entitled to exercise.

(8) An elected mayor who exercises the functions of a fire and rescue authority by virtue of section 107D of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a fire and rescue authority that the mayor is entitled to exercise.

(9) An elected mayor who exercises the functions of a police and crime commissioner by virtue of section 107F of the Local Democracy, Economic Development and Construction Act 2009 may only enter into a collaboration agreement where the functions of the mayor to which the agreement relates are functions of a police and crime commissioner that the mayor is entitled to exercise.

(10) A chief officer of police of a police force may not enter into a collaboration agreement unless the local policing body responsible for maintaining that police force also enters into the agreement.

(11) A local policing body must consult the chief officer of police of the police force which the body is responsible for maintaining before entering into a collaboration agreement (unless that chief officer is a party to the agreement).

S-4 Collaboration agreements: supplementary

4 Collaboration agreements: supplementary

(1) A collaboration agreement may, in particular, make provision about the use, for the purposes of the agreement, of a power of a party to the agreement to—

(a)

make arrangements for the exercise of the party’s functions by another person, or

(b)

exercise functions jointly with another person.

(2) A collaboration agreement may include provision for payments to be made by the parties to the agreement for the purposes of facilitating that agreement.

(3) A party to a collaboration agreement may do anything that is necessary or expedient for the purposes of facilitating...

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