Police Reform Act 2002 in Scotland
2002 c. 30 · Enacted 24 July 2002 · Extends to United Kingdom
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
- Part 1: Powers of the Secretary of State
- Part 2: Complaints and Misconduct
- The Independent Office for Police Conduct
- 9The Independent Office for Police Conduct
- 10General functions of the Director General
- 10AGeneral functions of the Office
- 10BEfficiency etc in exercise of functions
- 10CStrategy for exercise of functions
- 10DCode of practice
- 11Reports to the Secretary of State
- 13ALocal policing bodies: functions in relation to complaints
- 13BPower of the Director General to require re-investigation
- Co-operation, assistance and information
- 15General duties of local policing bodies, chief officers and inspectors
- 16Payment for assistance with investigations
- 21ARestriction on disclosure of sensitive information
- 21BProvision of sensitive information to the Director General and certain investigators
- 26BACollege of Policing
- 26CThe National Crime Agency
- 26CAEnforcement officers appointed under Employment Rights Act 2025
- 26DLabour abuse prevention officers Repealed
- 26EFood crime officers
- 26FThe Independent Commission for Reconciliation and Information Recovery
- 26GPublic sector fraud investigators
- 26HDWP investigators
- 27Conduct of the Office's staff
- 28Transitional arrangements connected with establishing the Commission etc. Repealed
- 28AApplication of Part 2 to old cases
- Interpretation of Part 2
- 29Interpretation of Part 2
- Part 2A: Super-complaints
- 29APower to make super-complaints
- 29BBodies who may make super-complaints
- 29CRegulations about super-complaints
- Part 2B: Investigation of concerns raised by whistle-blowers
- 29DPower to investigate concerns raised by whistle-blowers
- 29EDirector General's powers and duties on decision not to investigate
- 29FSpecial provision for “conduct matters”
- 29GSpecial provision for “DSI matters”
- 29HDirector General's powers and duties where whistle-blower is deceased
- 29IDuty to keep whistle-blowers informed
- 29JProtection of anonymity of whistle-blowers
- 29KOther restrictions on disclosure of information
- 29LApplication of provisions of Part 2
- 29MRegulation-making powers: consultation
- 29NInterpretation
- Part 3: Removal, suspension and disciplining of police officers
- Removal and suspension of senior officers
- 30Resignation in the interests of efficiency and effectiveness
- 31Procedural requirements for removal of senior officers
- 32Suspension of senior officers
- 33Removal etc. of senior officers at the instance of the Secretary of State
- Disciplinary proceedings and protected disclosures
- 37Protected disclosures by police officers
- Part 4: Police powers etc.
- Chapter 1: Exercise of police powers etc. by civilians
- 38BPolice powers for civilian employees under collaboration agreements
- 38CDesignations under section 38B: supplementary provision
- 45Code of practice relating to chief officers’ powers under Chapter 1 Repealed
- 47Interpretation of Chapter 1
- Chapter 2: Provisions modifying and supplementing police powers
- Powers of arrest
- Persons in police detention
- 52Detention reviews for detained persons who are asleep
- 53Persons suspected of offences connected with transport systems
- Blood specimens
- 59Vehicles used in manner causing alarm, distress or annoyance
- 60Retention etc. of vehicles seized under section 59
- Anti-social behaviour
- 62Power of Secretary of State to add to relevant authorities Repealed
- 63Orders in county court proceedings Repealed
- 64Orders on conviction in criminal proceedings Repealed
- 65Interim orders Repealed
- 66Consultation requirements Repealed
- Sex offenders
- 69Sex offender orders made in Scotland or Northern Ireland Repealed
- 70Sex offenders: Scotland Repealed
- 71Sex offender orders made in England and Wales or Northern Ireland Repealed
- 72Sex offenders: Northern Ireland Repealed
- 73Interim orders for sex offenders: Northern Ireland Repealed
- 74Sex offender orders made in England and Wales or Scotland Repealed
- 75Removal of truants to designated places
- 77Application of the Police (Property) Act 1897 to NCS
- Part 5: The Ministry of Defence Police
- 78Ministry of Defence police serving with other forces
- 79Disciplinary matters
- 80Functions of inspectors of constabulary
- 81Exemptions from firearms legislation
- Part 6: Miscellaneous
- Appointment and attestation of police officers etc.
- 82Nationality requirements applicable to police officers etc.
- 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 85Director General of NCIS Repealed
- 86Police members of NCIS Repealed
- 87Police members of NCS Repealed
- 88Regulations for NCIS Repealed
- 89Regulations for NCS Repealed
- 90Supplementary provisions about police membership of NCIS Repealed
- 91Supplementary provisions about police membership of NCS Repealed
- Bodies with functions in relation to the police
- 92Police authorities to produce three-year strategy plans
- 95Duties under the Health and Safety at Work etc. Act 1974 Repealed
- 99Power to modify functions and structure of PITO Repealed
- 102Liability for wrongful acts of constables etc.
- International joint investigation teams
- 103Liability in respect of members of teams
- 104Assaults on members of teams
- Part 7: Supplemental
- 108Short title, commencement and extent
- 1AAppointment of members
- 1BParagraph 1B
- 2ATerms of appointment etc: employee members
- 3Deputy Chairmen Repealed
- 3ADirector General: vacancy or incapacity
- 4Remuneration, pensions etc. of members
- 5The Chief Executive Repealed
- 6ADelegation of functions
- 7Superannuation and insurance
- 7ALiability for acts of the Director General
- 8Liability for acts of seconded staff
- 9Power ... to set up regional offices
- 11Paragraph 11
- 12Authentication of the Office's seal
- 13Evidence of documents
- 14Payments by the Secretary of State
- 15Other receipts by the Office
- 16Borrowing
- 17Accounts
- 18Financial year of the Office
- Schedule 3: Handling of Complaints and Conduct matters etc.
- Duties to preserve evidence relating to complaints
- 1Paragraph 1
- Initial handling and recording of complaints
- 2Paragraph 2
- ...
- Reference of complaints to the Director General
- 4Paragraph 4
- Power of Director General to treat complaint as having been referred
- 4AParagraph 4A
- Duties of Director General on references under paragraph 4
- Handling of complaints by the appropriate authority
- 6Paragraph 6
- Reviews relating to complaints dealt with other than by investigation
- 6AParagraph 6A
- ...
- 7Paragraph 7 Repealed
- ...
- 8Paragraph 8 Repealed
- ...
- 8AParagraph 8A Repealed
- Conduct matters arising in civil proceedings
- 10Paragraph 10
- Recording etc. of conduct matters in other cases
- 11Paragraph 11
- Duties to preserve evidence relating to conduct matters
- 12Paragraph 12
- Reference of conduct matters to the Director General
- 13Paragraph 13
- Power of Director General to treat conduct matter as having been referred
- 13AParagraph 13A
- Duties of Director General on references under paragraph 13
- 14Paragraph 14
- Duty to record DSI matters
- 14AParagraph 14A
- Duty to preserve evidence relating to DSI matters
- 14BParagraph 14B
- Reference of DSI matters to the Director General
- 14CParagraph 14C
- Power of Director General to treat DSI matter as having been referred
- 14CAParagraph 14CA
- Duties of Director General on references under paragraph 14C
- 14DParagraph 14D
- Part 3: Investigations and subsequent proceedings
- Investigations by the Director General: power of seizure
- 19ZEParagraph 19ZE
- Further provision about seizure under paragraph 19ZE
- 19ZFParagraph 19ZF
- Investigations by the Director General: power of retention
- 19ZGParagraph 19ZG
- Further provision about things retained under paragraph 19ZG
- 19ZHParagraph 19ZH
- Interview of persons serving with the police etc during certain investigations
- 19FParagraph 19F
- Accelerated procedure in special cases: criminal conduct
- 20ZAParagraph 20ZA
- 23AParagraph 23A
- Information for complainant about disciplinary recommendations
- 25AParagraph 25A
- Recommendations by the Director General or a local policing body
- 28ZAParagraph 28ZA
- Schedule 3A: Whistle-blowing investigations: procedure
- Designation of persons to take part in investigation
- 1Paragraph 1
- Protection of anonymity
- 2Paragraph 2
- Powers to obtain information etc
- 3Paragraph 3
- Procedure where conduct matter is revealed during investigation
- 4Paragraph 4
- Procedure where DSI matter is revealed during investigation
- 5Paragraph 5
- Conclusion of investigation
- 6Paragraph 6
- Power of Director General to make recommendations
- 7Paragraph 7
- Schedule 3B: Designations under section 38
- Part 1: Excluded powers and duties of constables
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Application of legislation
- 8Paragraph 8
- Schedule 3C: Designations under section 38: additional powers and duties
- Introduction
- 1Paragraph 1
- Powers to issue fixed penalty notices
- 2Paragraph 2
- Powers to require names and addresses
- 3Paragraph 3
- Powers to search for and seize alcohol and tobacco
- 4Paragraph 4
- Powers to seize and detain: controlled drugs
- 5Paragraph 5
- Powers to seize and detain: psychoactive substances
- 6Paragraph 6
- Powers to detain pending arrival of a constable etc
- 7Paragraph 7
- Powers to search etc individuals detained under paragraph 7
- 8Paragraph 8
- Persons detained under paragraph 7: park trading offences
- 9Paragraph 9
- Road traffic
- 10Paragraph 10
- Power to use reasonable force
- 11Paragraph 11
- Schedule 4: Powers exercisable by contracted-out staff
- Part 1: Community Support Officers
- 1ZAParagraph 1ZA Repealed
- 1ZBPower to issue community protection notices Repealed
- 2BGeneral power of seizure Repealed
- 3BPower to require name and address etc: charity collectors Repealed
- 5Alcohol consumption in restricted areas Repealed
- 6Confiscation of alcohol Repealed
- 7EPowers to seize and detain: psychoactive substances Repealed
- 7FPowers to seize and detain: psychoactive substances Repealed
- 8Entry to save life or limb or prevent serious damage to property Repealed
- 11Power to stop vehicle for testing Repealed
- 12Power to control traffic for purposes of escorting a load of exceptional dimensions Repealed
- 14Cordoned areas Repealed
- 15Power to stop and search vehicles etc. in authorised areas Repealed
- Part 2: Investigating Officers
- 18Entry and search after arrest Repealed
- 18AEntry and search for evidence of nationality after arrest Repealed
- 19General power of seizure Repealed
- 20Access and copying in the case of things seized by constables Repealed
- 21Arrest at a police station for another offence Repealed
- 23Power to require arrested person to account for certain matters Repealed
- 24Extended powers of seizure Repealed
- 24APersons accompanying investigating officers Repealed
- Part 3: Detention Officers
- 25Attendance at police station for fingerprinting
- 26Non-intimate searches of detained persons
- 27Searches and examinations to ascertain identity
- 27ASearches of persons answering to live link bail
- 28Intimate searches of detained persons
- 29Fingerprinting without consent
- 30Warnings about intimate samples
- 31Non-intimate samples
- 32Attendance at police station for the taking of a sample
- 33Photographing persons in police detention
- Part 4: Escort Officers
- Part 5: Interpretation of Schedule
- Schedule 5: Powers exercisable by accredited persons
- 1AParagraph 1A
- 4Alcohol consumption in designated public places
- 5Confiscation of alcohol
- 8Power to stop vehicle for testing
- 9Power to control traffic for purposes of escorting a load of exceptional dimensions
- 2Power to require giving of name and address
- 3Photographing of persons given fixed penalty notices
- 4Interpretation
- Schedule 6Schedule 6
- Schedule 7: Minor and Consequential Amendments
- 1Police (Scotland) Act 1967
- 2Superannuation Act 1972
- 3Juries Act 1974
- 4Rehabilitation of Offenders Act 1974
- 5House of Commons Disqualification Act 1975
- 6Northern Ireland Assembly Disqualification Act 1975
- 7The Police Pensions Act 1976
- 9The 1984 Act
- 10Prosecution of Offences Act 1985
- 13Aviation and Maritime Security Act 1990
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18
- 19Paragraph 19
- 20Justices of the Peace Act 1997 Repealed
- 21The 1997 Act Repealed
- 22Police (Northern Ireland) Act 1998
- 23Freedom of Information Act 2000
- 24Criminal Justice and Police Act 2001 Repealed
- Schedule 8Repeals