Police Reform Act 2002

Handling of complaints [F1 , conduct matters and DSI matters] etc. E+W

Textual Amendments

F1 Words in s. 13 cross-heading substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 4(a); S.I. 2005/1521, art. 3(1)(w)

13 Handling of complaints[F2 , conduct matters and DSI matters] etc. E+W

Schedule 3 (which makes provision for the handling of complaints[F3 , conduct matters and DSI matters] and for the carrying out of investigations) shall have effect F4 ....

Textual Amendments

F2 Words in s. 13 heading substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 4(b); S.I. 2005/1521, art. 3(1)(w)

F3 Words in s. 13 substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 4(c); S.I. 2005/1521, art. 3(1)(w)

F4 Words in s. 13 omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 6(b); S.I. 2012/2892, art. 2(g) (with art. 6)

Modifications etc. (not altering text)

C1 Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))

C2 Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C3 S. 13 applied (with modifications) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1

Commencement Information

I1 S. 13 wholly in force at 1.4.2004; s. 13 not in force at Royal Assent; see s. 108(2); s. 13 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, arts. {2(b)(iii)}, 4(e); s. 13 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(a)

[F5 13A Local policing bodies: functions in relation to complaints E+W

(1) The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).

(2) The provisions specified in this subsection are—

(a) paragraph 2(6) to (6D) of Schedule 3, and

(b) paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.

(3) The provisions specified in this subsection are—

(a) section 20, and

(b) section 21 in so far as that section relates to complaints.

(4) In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—

(a) the functions of the chief officer to which the notice relates become functions of the local policing body,

(b) references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and

(c) for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.

(5) Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

(6) The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.

(7) Regulations under subsection (6) may (amongst other things) make provision about—

(a) the steps that a local policing body must take before giving a notice;

(b) the circumstances in which a notice may be withdrawn.]

Textual Amendments

F5 S. 13A inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 13, 183(1)(5)(e); S.I. 2020/5, reg. 2(a) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

C4 Pt. 2 applied (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(3)

C5 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 52

C6 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(1), Sch. 2

C7 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(1)(2)

C8 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(2)

[F6 13B Power of the [F7 Director General] to require re-investigation E+W

(1) This section applies where—

(a) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the [F8 Director General] has been submitted to [F9 the Director General] under paragraph 22(3) or 24A of Schedule 3, or

(b) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the [F8 Director General] has been submitted to [F9 the Director General] [F10 (or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General)] under paragraph 22(5) or 24A of Schedule 3.

(2) The [F8 Director General] may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if [F11 the Director General] is satisfied that there are compelling reasons for doing so.

(3) Where the [F8 Director General] makes a determination under subsection (2), [F12 the Director General] must determine that the re-investigation is to take the form of an investigation by the [F8 Director General] unless subsection (4) applies, in which case the [F8 Director General] must determine that the re-investigation is to take the form described in that subsection.

(4) This subsection applies where the [F8 Director General] determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the [F8 Director General].

(5) Where—

(a) the [F8 Director General] determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the [F8 Director General], and

(b) at any time after that the [F8 Director General] determines that subsection (4) applies in relation to the re-investigation,

the [F8 Director General] may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the [F8 Director General].

(6) Where the [F8 Director General] determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the [F8 Director General], the [F8 Director General] must keep under review whether subsection (4) continues to apply in relation to the re-investigation.

(7) If, on such a review, the [F8 Director General] Director General determines that subsection (4) no longer applies in relation to a re-investigation, the [F8 Director General] must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the [F8 Director General].

(8) Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph.

(9) The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

(10) The [F8 Director General] shall notify the appropriate authority of any determination that [F13 the Director General] makes under this section and of [F14 the Director General's] reasons for making the determination.

(11) The [F8 Director General] shall also notify the following of any determination that [F15 the Director General] makes under this section and of [F16 the Director General's] reasons for making the determination—

(a) every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21;

(b) where the determination is made in relation to a complaint, the complainant;

(c) the person to whose conduct the re-investigation will relate.

(12) The duty imposed by subsection (11) on the [F8 Director General] shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

(13) Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.

(14) In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.

(15) The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.]

Textual Amendments

F6 S. 13B inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 18(1), 183(1)(5)(e); S.I. 2020/5, reg. 2(f) (with art. 3(4))

F7 Words in s. 13B heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F8 Words in s. 13B substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F9 Words in s. 13B(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(3)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F10 Words in s. 13B(1)(b) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(3)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F11 Words in s. 13B(2) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(4); S.I. 2017/1249, reg. 2 (with reg. 3)

F12 Words in s. 13B(3) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(5); S.I. 2017/1249, reg. 2 (with reg. 3)

F13 Words in s. 13B(10) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(6)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F14 Words in s. 13B(10) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(6)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F15 Words in s. 13B(11) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(7)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F16 Words in s. 13B(11) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 20(7)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F17 14 Direction and control matters E+W

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Textual Amendments

F17 S. 14 omitted (16.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 4; S.I. 2011/3019, art. 3, Sch. 1 (with art. 8(1)(2)) (as amended (14.11.2012) by S.I. 2012/2892, art. 8(3)); S.I. 2012/2892, art. 2(g) (with art. 6)