Exercise of functions

Policing and Crime Bill – in a Public Bill Committee at 2:15 pm on 12th April 2016.

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‘(1) Section 10 of the Police Reform Act 2002 (general functions of the Commission) is amended in accordance with subsections (2) to (4) (see also paragraph 17 of Schedule (

(2) For “Commission”, in each place (including in the heading and in provisions inserted by amendments made by this Act), substitute “Director General”.

(3) In subsection (2)—

(a) in paragraph (a), at the end insert “or other concerns raised by virtue of Part 2B (whistle-blowing)”;

(b) in paragraph (c), after “complaints” insert “or other concerns”.

(4) After subsection (5) insert—

“(5A) In carrying out functions the Director General must have regard to any advice given to the Director General by the Office (see section 10A(1)(c)).”

(5) After that section insert—

(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.

The Director General and the Office must carry out their functions efficiently and effectively.

(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.

(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).’—

This new clause provides for the Director General of the Office for Police Conduct to carry out the investigatory and other functions previously carried out by the IPCC. It provides for the Office to have governance and monitoring functions and requires the Director General and the Office to jointly prepare a strategy and code of practice governing the relationship between them and the carrying out of their respective functions.

Brought up, read the First and Second time, and added to the Bill.

New Clause 28