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The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011

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Transitional and transitory provision and savings in connection with police complaints and misconduct

8.—(1) This article applies until the coming into force of section 1 of the 2011 Act.

(2) Notwithstanding the coming into force of paragraph 4 of Schedule 14 to the 2011 Act in the metropolitan police district, section 14 of the Police Reform Act 2002(1) continues to have effect in that district with the modification that, for the purposes of that section, “police authority” means the Mayor’s Office for Policing and Crime.

(3) Paragraph 40 of Schedule 16 to the 2011 Act has effect as if it read—

40.  In section 84(4) (representation etc at disciplinary and other proceedings), for the definition of “relevant authority” substitute—

“relevant authority” means—

(a)

where the officer concerned is a senior officer of a police force maintained under section 2 or the Commissioner of Police of the Metropolis, the local policing body for the police force of which the officer is a member; and

(b)

in any other case, the chief officer of police of the police force of which the officer is a member or for which the officer is appointed as a special constable;..

(4) Paragraph 291(a) of Schedule 16 to the 2011 Act has effect as if it read—

(a)for the definition of “appropriate authority” substitute—

“appropriate authority”—

(a)

in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—

(i)

if that person is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;

(ii)

if that person is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and

(iii)

in any other case, the chief officer under whose direction and control the person is; and

(b)

in relation to a death or serious injury matter, means—

(i)

if the relevant officer is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;

(ii)

if the relevant officer is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and

(iii)

in any other case, the chief officer under whose direction and control the person is;;.

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