Paragraph 1 Service Police Complaints CommissionerI1I2I3

After Schedule 14 to AFA 2006 insert—

“Schedule 14A

The Service Police Complaints Commissioner

Section 365BA

Status

1

The Service Police Complaints Commissioner is a corporation sole.

2

The Commissioner is not to be regarded—

(a)

as the servant or agent of the Crown, or

(b)

as enjoying any status, immunity or privilege of the Crown.

Appointment

3

The Commissioner is to be appointed by Her Majesty on the recommendation of the Secretary of State.

Disqualification

4

A person is disqualified from being the Commissioner if any of the following applies—

(a)

the person is a member of the regular or reserve forces (whether or not as a member of a service police force);

(b)

the person has been a member of a service police force;

(c)

the person is employed in the civil service of the State.

Vacancy or incapacity

5

(1)

Sub-paragraph (2) applies if—

(a)

the office of the Commissioner becomes vacant, or

(b)

it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

(2)

The Secretary of State may appoint a person to act as the Commissioner during the vacancy or period of ill health.

(3)

An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

(4)

While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 6 and this paragraph) as the Commissioner.

Term of office

6

The Commissioner holds and vacates office in accordance with the terms of the Commissioner’s appointment.

Delegation of functions

7

The Commissioner may authorise a member of staff working for the Commissioner to exercise any power or duty of the Commissioner on the Commissioner’s behalf.

Liability

8

(1)

This paragraph applies where a person has been seconded to serve as a member of the Commissioner’s staff.

(2)

The Commissioner is liable in respect of unlawful conduct of the person in the carrying out, or purported carrying out, of their functions as a member of the Commissioner’s staff, in the same manner as an employer is liable in respect of unlawful conduct of an employee in the course of their employment.

(3)

In sub-paragraph (1) the reference to secondment to serve as a member of the Commissioner’s staff is to serving as a member of the Commissioner’s staff without being employed by the Commissioner.”