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

PART 1 General

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 and come into force on 15th December 2017.

(2) In these Regulations—

“the 2002 Act” means the Police Reform Act 2002;

“the 2012 Rules” means the Police Appeals Tribunals Rules 2012(1);

“the Conduct Regulations” means the Police (Conduct) Regulations 2012(2);

“the Complaints and Misconduct Regulations” means the Police (Complaints and Misconduct) Regulations 2012(3).

Transitional and saving provisions

2.—(1) Where an allegation in relation to a person came to the attention of an appropriate authority before 15th December 2017 but after 21st November 2012, and the person ceases to be a member of a police force or a special constable (as the case may be) on or after 15th December 2017, these Regulations apply.

(2) Where a complaint or recordable conduct matter relates to the conduct of a person who ceased to be a person serving with the police before 15th December 2017, the Complaints and Misconduct Regulations continue to have effect without the amendments made by regulations 31 and 33 of these Regulations.

(3) In this regulation—

“acting chief officer” means—

(a)

a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011(4);

(b)

a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or

(c)

a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839(5);

“allegation” means an allegation relating to a complaint or conduct matter;

“appropriate authority” means where the person concerned was—

(a)

the chief officer of police or acting chief officer of any police force at the relevant time, the local policing body for the force’s area;

(b)

any other member of a police force or a special constable at the relevant time, the chief officer of police of the police force concerned;

“police force concerned” means—

(a)

where the person concerned was a member of a police force at the relevant time, the police force of which that person was a member at that time;

(b)

where the person concerned was a special constable at the relevant time, the police force maintained for the police area for which that person was appointed at that time;

“relevant time” means the time immediately before the person concerned ceased to be a member of a police force or a special constable.

(1)

S.I. 2012/2630.

(2)

S.I. 2012/2632.

(3)

S.I. 2012/1204.

(4)

2011 c. 13.

(5)

2 & 3 Vict. c. xciv.