Section 15 Duty to co-operate with CommissionerI1
The Commissioner may request a specified public authority to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner's functions.
A specified public authority must, so far as reasonably practicable, comply with a request made to it under this section.
In this section “specified public authority” means any of the following—
a chief officer of police of a police force maintained for a police area in England and Wales;
a local policing body;
the Chief Constable of the British Transport Police Force;
the British Transport Police Authority;
the Ministry of Defence Police;
an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum;
the Crown Prosecution Service;
the Parole Board;
the Criminal Cases Review Commission;
an English local authority;
an NHS body in England;
Her Majesty's Inspectors of Constabulary;
Her Majesty's Chief Inspector of the Crown Prosecution Service;
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
a body approved as an independent inspectorate under section 106 of the Education and Skills Act 2008 (inspection of registered independent educational institutions);
the Care Quality Commission;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Independent Office for Police Conduct.
The Secretary of State may by regulations amend this section so as to—
add a public authority as a specified public authority for the purposes of this section;
remove a public authority added by virtue of paragraph (a);
vary any description of a public authority.
Before making regulations under subsection (4) the Secretary of State must consult the Commissioner.
Regulations under subsection (4) may not contain provision adding a devolved Welsh authority as a specified public authority for the purposes of this section.
In this section—
“devolved Welsh authority” has the meaning given by section 157A of the Government of Wales Act 2006;
“English local authority” means—
- (a)
a county council or district council in England,
- (b)
a London borough council,
- (c)
the Greater London Authority,
- (d)
the Common Council of the City of London in its capacity as a local authority, or
- (e)
the Council of the Isles of Scilly;
- (a)
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“NHS body in England” means—
“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
Annotations
Textual amendments
- F1
S. 15(3)(q) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 103; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
- F2
S. 15(3)(r) inserted (16.4.2024) by The Domestic Abuse Act 2021 (Amendment) Regulations 2024 (S.I. 2024/421), regs. 1(1), 2
- F3
Words in s. 15(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 38; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
- F4
Words in s. 15(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 239; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
- F5
Words in s. 15(7) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 36(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29)
Commencement
- I1
S. 15 in force at 1.11.2021 by S.I. 2021/1038, reg. 3(b)