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The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2011

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 No. 62

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out the functions of police and crime panels and the Independent Police Complaints Commission in relation to the handling of complaints and other matters concerning the conduct of police and crime commissioners, deputy police and crime commissioners, the holder of Mayor’s Office for Policing and Crime and the Deputy Mayor for Policing and Crime (referred to collectively as relevant office holders). The Regulations set out the process to be followed in dealing with these complaints and matters.

In accordance with Schedule 7 to the Police Reform and Social Responsibility Act 2011, the Regulations provide for complaints alleging criminal conduct, and all conduct matters (those matters which indicate that criminal conduct may have occurred), to be referred to the Commission and investigated either by the Commission itself or by a police force under the management of the Commission. The Regulations provide for any other complaint to be resolved informally by the police and crime panel, except in the case of complaints against the holder of the Mayor’s Office for Policing and Crime, or the Deputy Mayor for Policing and Crime if he is a member of the London Assembly. The Regulations provide for these latter categories of complaints to be passed to the monitoring officer of the Greater London Authority, who is responsible for dealing with other complaints about the conduct of the Mayor and Assembly members.

These Regulations are closely based on Part 2 of the Police Reform Act 2002 and the Regulations made under it, which make provision for powers, duties and procedures in relation to the handling of complaints against persons serving with the police. In some instances these Regulations apply provisions of Part 2 or the secondary legislation made under it, with or without modifications.

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