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Police Reform and Social Responsibility Act 2011

Schedule 7: Regulations about complaints and conduct matters

154.Schedule 7 makes provision for matters that must, may and may not be contained in regulations made by the Secretary of State under section 31.

155.Paragraph 2 requires the regulations to provide for complaints of criminal behaviour and conduct matters (which by definition give rise to a suspicion of criminal behaviour) to be investigated by the Independent Police Complaints Commission.

156.Paragraph 3 requires the regulations to provide for complaints not investigated by the Independent Police Complaints Commission, and not covered by paragraph 4, to be the subject of informal resolution by the police and crime panel.

157.Paragraph 4 concerns 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, which are not investigated by the Independent Police Complaints Commission. The regulations must secure that such complaints are dealt with in accordance with Part 3 of the Local Government Act 2000. The standards regime in Part 3 of the 2000 Act applies in any event to allegations of misconduct against these persons in their capacity as Mayor or Assembly Member.

158.Paragraph 6 prevents the regulations from making provision for a person to be removed from office, except in accordance with Part 3 of the 2000 Act.

159.Paragraph 7 allows regulations to apply provisions of Part 2 of the Police Reform Act 2002 (which deals with the handling of complaints and conduct matters concerning persons serving with the police), and any other enactment, with or without modification.

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