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The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police (Conduct) Regulations 2012 (S.I. 2012/2632) (“the Conduct Regulations”), the Police Appeals Tribunals Rules 2012 (S.I. 2012/2630) (“the 2012 Rules”) and the Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204) (“the Complaints and Misconduct Regulations”).

Part 2 amends the Conduct Regulations. Regulation 5 amends the application provisions to set out the circumstances in which those Regulations apply, with the modifications set out in new Schedule 3 to those Regulations (inserted by regulation 11 of, and Schedule 1 to, these Regulations), to former members of a police force and former special constables. Regulation 6 removes provisions restricting the circumstances in which members of a police force and special constables can give notice of intention to resign or retire. Regulations 9 and 10 insert provisions to allow the person who conducts or chairs a misconduct hearing following a dismissal at such a hearing to provide certain information to the appropriate authority (as defined in regulation 3 of the Conduct Regulations) for inclusion in the report relating to that officer in the police barred list maintained by the College of Policing (see sections 88(A)(1) and 88B of the Police Act 1996 (c. 16)).

Part 3 amends the 2012 Rules. Regulation 14 inserts a new rule setting out the grounds on which former members of a police force and former special constables may appeal to a police appeals tribunal. Regulations 13 and 15 to 25 make further amendments to the 2012 Rules so that they apply to such persons. Regulation 25 also makes provision to allow the chair of a police appeals tribunal to include in the tribunal’s statement of its determination representations in relation to an appellant where information in relation to that appellant has been included in the police barred list and published by the College of Policing.

Part 4 amends the Complaints and Misconduct Regulations. Regulations 27, 29, 30 and 32 amend those Regulations to take into account the fact that designated police volunteers are being brought within the scope of the complaints etc regime set out in Part 2 of the Police Reform Act 2002 (c. 30) (see section 41 of the Policing and Crime Act 2017 (c. 3)). Regulation 31 substitutes regulation 27 of, and regulation 33 inserts a Schedule into, the Complaints and Misconduct Regulations to provide for modifications to provisions in the 2002 Act relating to the handling of complaints and conduct matters and to the Regulations themselves in relation to persons who have ceased to serve with the police since the time of the conduct in question.

A full Impact Assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or private sector is foreseen.

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