OpenLegislation

Police Reform Act 2002 in Scotland

2002 c. 30 · Enacted 24 July 2002 · Extends to United Kingdom

Not fully up to date. 17 changes made by later legislation have not yet been written into this text, which is revised to 29 October 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5 para. 1(2)(b)word repealedAnti-social Behaviour Act 2003 Sch. 3
s. 46(2)words substitutedCriminal Justice Act 2003 Sch. 26 para. 57
s. 92repealedPolice and Justice Act 2006 Sch. 15 Pt. 1(B)
Sch. 7 para. 14repealedPolice and Justice Act 2006 Sch. 15 Pt. 1(B)
Sch. 2 para. 1(5)(e)(ii)words substitutedTribunals, Courts and Enforcement Act 2007 Sch. 16 para. 13(2)
Sch. 2 para. 2(6)(e)(ii)words substitutedTribunals, Courts and Enforcement Act 2007 Sch. 16 para. 13(3)
Sch. 5AomittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 26
Sch. 5 para. 1(2A)omittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 25(a)
Sch. 5 para. 1(2)(aa)omittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 25(a)
s. 43(6)words omittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 24(a)
s. 43(7)omittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 24(b)
Sch. 5 para. 4 and cross-headingomittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 25(b)
Sch. 5 para. 9A and cross-headingomittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 25(c)
Sch. 5 para. 6 and cross-headingomittedTobacco and Vapes Act 2026 Sch. 7 para. 5
s. 9applied (with modifications)Authorised Investigators (Complaints and Misconduct) 2026 reg. 6
s. 19applied (with modifications)Authorised Investigators (Complaints and Misconduct) 2026 reg. 6
s. 22applied (with modifications)Authorised Investigators (Complaints and Misconduct) 2026 reg. 6

An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes.

[24th July 2002]

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:—C1C2

Annotations to the whole text

Modifications

C1

Act applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 11

C2

Act applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 12

Contents

  1. Part 1: Powers of the Secretary of State
  2. Part 2: Complaints and Misconduct
  3. The Independent Office for Police Conduct
  4. 9The Independent Office for Police Conduct
  5. 10General functions of the Director General
  6. 10AGeneral functions of the Office
  7. 10BEfficiency etc in exercise of functions
  8. 10CStrategy for exercise of functions
  9. 10DCode of practice
  10. 11Reports to the Secretary of State
  11. 13ALocal policing bodies: functions in relation to complaints
  12. 13BPower of the Director General to require re-investigation
  13. Co-operation, assistance and information
  14. 15General duties of local policing bodies, chief officers and inspectors
  15. 16Payment for assistance with investigations
  16. 21ARestriction on disclosure of sensitive information
  17. 21BProvision of sensitive information to the Director General and certain investigators
  18. 26BACollege of Policing
  19. 26CThe National Crime Agency
  20. 26CAEnforcement officers appointed under Employment Rights Act 2025
  21. 26DLabour abuse prevention officers Repealed
  22. 26EFood crime officers
  23. 26FThe Independent Commission for Reconciliation and Information Recovery
  24. 26GPublic sector fraud investigators
  25. 26HDWP investigators
  26. 27Conduct of the Office's staff
  27. 28Transitional arrangements connected with establishing the Commission etc. Repealed
  28. 28AApplication of Part 2 to old cases
  29. Interpretation of Part 2
  30. 29Interpretation of Part 2
  31. Part 2A: Super-complaints
  32. 29APower to make super-complaints
  33. 29BBodies who may make super-complaints
  34. 29CRegulations about super-complaints
  35. Part 2B: Investigation of concerns raised by whistle-blowers
  36. 29DPower to investigate concerns raised by whistle-blowers
  37. 29EDirector General's powers and duties on decision not to investigate
  38. 29FSpecial provision for “conduct matters”
  39. 29GSpecial provision for “DSI matters”
  40. 29HDirector General's powers and duties where whistle-blower is deceased
  41. 29IDuty to keep whistle-blowers informed
  42. 29JProtection of anonymity of whistle-blowers
  43. 29KOther restrictions on disclosure of information
  44. 29LApplication of provisions of Part 2
  45. 29MRegulation-making powers: consultation
  46. 29NInterpretation
  47. Part 3: Removal, suspension and disciplining of police officers
  48. Removal and suspension of senior officers
  49. 30Resignation in the interests of efficiency and effectiveness
  50. 31Procedural requirements for removal of senior officers
  51. 32Suspension of senior officers
  52. 33Removal etc. of senior officers at the instance of the Secretary of State
  53. Disciplinary proceedings and protected disclosures
  54. 37Protected disclosures by police officers
  55. Part 4: Police powers etc.
  56. Chapter 1: Exercise of police powers etc. by civilians
  57. 38BPolice powers for civilian employees under collaboration agreements
  58. 38CDesignations under section 38B: supplementary provision
  59. 45Code of practice relating to chief officers’ powers under Chapter 1 Repealed
  60. 47Interpretation of Chapter 1
  61. Chapter 2: Provisions modifying and supplementing police powers
  62. Powers of arrest
  63. Persons in police detention
  64. 52Detention reviews for detained persons who are asleep
  65. 53Persons suspected of offences connected with transport systems
  66. Blood specimens
  67. 59Vehicles used in manner causing alarm, distress or annoyance
  68. 60Retention etc. of vehicles seized under section 59
  69. Anti-social behaviour
  70. 62Power of Secretary of State to add to relevant authorities Repealed
  71. 63Orders in county court proceedings Repealed
  72. 64Orders on conviction in criminal proceedings Repealed
  73. 65Interim orders Repealed
  74. 66Consultation requirements Repealed
  75. Sex offenders
  76. 69Sex offender orders made in Scotland or Northern Ireland Repealed
  77. 70Sex offenders: Scotland Repealed
  78. 71Sex offender orders made in England and Wales or Northern Ireland Repealed
  79. 72Sex offenders: Northern Ireland Repealed
  80. 73Interim orders for sex offenders: Northern Ireland Repealed
  81. 74Sex offender orders made in England and Wales or Scotland Repealed
  82. 75Removal of truants to designated places
  83. 77Application of the Police (Property) Act 1897 to NCS
  84. Part 5: The Ministry of Defence Police
  85. 78Ministry of Defence police serving with other forces
  86. 79Disciplinary matters
  87. 80Functions of inspectors of constabulary
  88. 81Exemptions from firearms legislation
  89. Part 6: Miscellaneous
  90. Appointment and attestation of police officers etc.
  91. 82Nationality requirements applicable to police officers etc.
  92. 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  93. 85Director General of NCIS Repealed
  94. 86Police members of NCIS Repealed
  95. 87Police members of NCS Repealed
  96. 88Regulations for NCIS Repealed
  97. 89Regulations for NCS Repealed
  98. 90Supplementary provisions about police membership of NCIS Repealed
  99. 91Supplementary provisions about police membership of NCS Repealed
  100. Bodies with functions in relation to the police
  101. 92Police authorities to produce three-year strategy plans
  102. 95Duties under the Health and Safety at Work etc. Act 1974 Repealed
  103. 99Power to modify functions and structure of PITO Repealed
  104. 102Liability for wrongful acts of constables etc.
  105. International joint investigation teams
  106. 103Liability in respect of members of teams
  107. 104Assaults on members of teams
  108. Part 7: Supplemental
  109. 108Short title, commencement and extent
  110. 1AAppointment of members
  111. 1BParagraph 1B
  112. 2ATerms of appointment etc: employee members
  113. 3Deputy Chairmen Repealed
  114. 3ADirector General: vacancy or incapacity
  115. 4Remuneration, pensions etc. of members
  116. 5The Chief Executive Repealed
  117. 6ADelegation of functions
  118. 7Superannuation and insurance
  119. 7ALiability for acts of the Director General
  120. 8Liability for acts of seconded staff
  121. 9Power ... to set up regional offices
  122. 11Paragraph 11
  123. 12Authentication of the Office's seal
  124. 13Evidence of documents
  125. 14Payments by the Secretary of State
  126. 15Other receipts by the Office
  127. 16Borrowing
  128. 17Accounts
  129. 18Financial year of the Office
  130. Schedule 3: Handling of Complaints and Conduct matters etc.
  131. Duties to preserve evidence relating to complaints
  132. 1Paragraph 1
  133. Initial handling and recording of complaints
  134. 2Paragraph 2
  135. ...
  136. Reference of complaints to the Director General
  137. 4Paragraph 4
  138. Power of Director General to treat complaint as having been referred
  139. 4AParagraph 4A
  140. Duties of Director General on references under paragraph 4
  141. Handling of complaints by the appropriate authority
  142. 6Paragraph 6
  143. Reviews relating to complaints dealt with other than by investigation
  144. 6AParagraph 6A
  145. ...
  146. 7Paragraph 7 Repealed
  147. ...
  148. 8Paragraph 8 Repealed
  149. ...
  150. 8AParagraph 8A Repealed
  151. Conduct matters arising in civil proceedings
  152. 10Paragraph 10
  153. Recording etc. of conduct matters in other cases
  154. 11Paragraph 11
  155. Duties to preserve evidence relating to conduct matters
  156. 12Paragraph 12
  157. Reference of conduct matters to the Director General
  158. 13Paragraph 13
  159. Power of Director General to treat conduct matter as having been referred
  160. 13AParagraph 13A
  161. Duties of Director General on references under paragraph 13
  162. 14Paragraph 14
  163. Duty to record DSI matters
  164. 14AParagraph 14A
  165. Duty to preserve evidence relating to DSI matters
  166. 14BParagraph 14B
  167. Reference of DSI matters to the Director General
  168. 14CParagraph 14C
  169. Power of Director General to treat DSI matter as having been referred
  170. 14CAParagraph 14CA
  171. Duties of Director General on references under paragraph 14C
  172. 14DParagraph 14D
  173. Part 3: Investigations and subsequent proceedings
  174. Investigations by the Director General: power of seizure
  175. 19ZEParagraph 19ZE
  176. Further provision about seizure under paragraph 19ZE
  177. 19ZFParagraph 19ZF
  178. Investigations by the Director General: power of retention
  179. 19ZGParagraph 19ZG
  180. Further provision about things retained under paragraph 19ZG
  181. 19ZHParagraph 19ZH
  182. Interview of persons serving with the police etc during certain investigations
  183. 19FParagraph 19F
  184. Accelerated procedure in special cases: criminal conduct
  185. 20ZAParagraph 20ZA
  186. 23AParagraph 23A
  187. Information for complainant about disciplinary recommendations
  188. 25AParagraph 25A
  189. Recommendations by the Director General or a local policing body
  190. 28ZAParagraph 28ZA
  191. Schedule 3A: Whistle-blowing investigations: procedure
  192. Designation of persons to take part in investigation
  193. 1Paragraph 1
  194. Protection of anonymity
  195. 2Paragraph 2
  196. Powers to obtain information etc
  197. 3Paragraph 3
  198. Procedure where conduct matter is revealed during investigation
  199. 4Paragraph 4
  200. Procedure where DSI matter is revealed during investigation
  201. 5Paragraph 5
  202. Conclusion of investigation
  203. 6Paragraph 6
  204. Power of Director General to make recommendations
  205. 7Paragraph 7
  206. Schedule 3B: Designations under section 38
  207. Part 1: Excluded powers and duties of constables
  208. 1Paragraph 1
  209. 2Paragraph 2
  210. 3Paragraph 3
  211. 4Paragraph 4
  212. 5Paragraph 5
  213. 6Paragraph 6
  214. 7Paragraph 7
  215. Part 2: Application of legislation
  216. 8Paragraph 8
  217. Schedule 3C: Designations under section 38: additional powers and duties
  218. Introduction
  219. 1Paragraph 1
  220. Powers to issue fixed penalty notices
  221. 2Paragraph 2
  222. Powers to require names and addresses
  223. 3Paragraph 3
  224. Powers to search for and seize alcohol and tobacco
  225. 4Paragraph 4
  226. Powers to seize and detain: controlled drugs
  227. 5Paragraph 5
  228. Powers to seize and detain: psychoactive substances
  229. 6Paragraph 6
  230. Powers to detain pending arrival of a constable etc
  231. 7Paragraph 7
  232. Powers to search etc individuals detained under paragraph 7
  233. 8Paragraph 8
  234. Persons detained under paragraph 7: park trading offences
  235. 9Paragraph 9
  236. Road traffic
  237. 10Paragraph 10
  238. Power to use reasonable force
  239. 11Paragraph 11
  240. Schedule 4: Powers exercisable by contracted-out staff
  241. Part 1: Community Support Officers
  242. 1ZAParagraph 1ZA Repealed
  243. 1ZBPower to issue community protection notices Repealed
  244. 2BGeneral power of seizure Repealed
  245. 3BPower to require name and address etc: charity collectors Repealed
  246. 5Alcohol consumption in restricted areas Repealed
  247. 6Confiscation of alcohol Repealed
  248. 7EPowers to seize and detain: psychoactive substances Repealed
  249. 7FPowers to seize and detain: psychoactive substances Repealed
  250. 8Entry to save life or limb or prevent serious damage to property Repealed
  251. 11Power to stop vehicle for testing Repealed
  252. 12Power to control traffic for purposes of escorting a load of exceptional dimensions Repealed
  253. 14Cordoned areas Repealed
  254. 15Power to stop and search vehicles etc. in authorised areas Repealed
  255. Part 2: Investigating Officers
  256. 18Entry and search after arrest Repealed
  257. 18AEntry and search for evidence of nationality after arrest Repealed
  258. 19General power of seizure Repealed
  259. 20Access and copying in the case of things seized by constables Repealed
  260. 21Arrest at a police station for another offence Repealed
  261. 23Power to require arrested person to account for certain matters Repealed
  262. 24Extended powers of seizure Repealed
  263. 24APersons accompanying investigating officers Repealed
  264. Part 3: Detention Officers
  265. 25Attendance at police station for fingerprinting
  266. 26Non-intimate searches of detained persons
  267. 27Searches and examinations to ascertain identity
  268. 27ASearches of persons answering to live link bail
  269. 28Intimate searches of detained persons
  270. 29Fingerprinting without consent
  271. 30Warnings about intimate samples
  272. 31Non-intimate samples
  273. 32Attendance at police station for the taking of a sample
  274. 33Photographing persons in police detention
  275. Part 4: Escort Officers
  276. Part 5: Interpretation of Schedule
  277. Schedule 5: Powers exercisable by accredited persons
  278. 1AParagraph 1A
  279. 4Alcohol consumption in designated public places
  280. 5Confiscation of alcohol
  281. 8Power to stop vehicle for testing
  282. 9Power to control traffic for purposes of escorting a load of exceptional dimensions
  283. 2Power to require giving of name and address
  284. 3Photographing of persons given fixed penalty notices
  285. 4Interpretation
  286. Schedule 6Schedule 6
  287. Schedule 7: Minor and Consequential Amendments
  288. 1Police (Scotland) Act 1967
  289. 2Superannuation Act 1972
  290. 3Juries Act 1974
  291. 4Rehabilitation of Offenders Act 1974
  292. 5House of Commons Disqualification Act 1975
  293. 6Northern Ireland Assembly Disqualification Act 1975
  294. 7The Police Pensions Act 1976
  295. 9The 1984 Act
  296. 10Prosecution of Offences Act 1985
  297. 13Aviation and Maritime Security Act 1990
  298. 15Paragraph 15
  299. 16Paragraph 16 Repealed
  300. 17Paragraph 17 Repealed
  301. 18Paragraph 18
  302. 19Paragraph 19
  303. 20Justices of the Peace Act 1997 Repealed
  304. 21The 1997 Act Repealed
  305. 22Police (Northern Ireland) Act 1998
  306. 23Freedom of Information Act 2000
  307. 24Criminal Justice and Police Act 2001 Repealed
  308. Schedule 8Repeals