The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017

Amendment of the National Crime Agency (Complaints and Misconduct) Regulations 2013

30.—(1) The National Crime Agency (Complaints and Misconduct) Regulations 2013(1) are amended as follows.

(2) For—

(a) “Commission” in each place where it occurs substitute “IOPC DG”;

(b) “Commission’s” in each place where it occurs substitute “IOPC DG’s”;

(c) “it” in each place where it occurs and is used as a pronoun in place of “the Commission” substitute “the IOPC DG”;

(d) “its” in each place where it occurs and is used to mean “the Commission’s” substitute “the IOPC DG’s”.

(3) The amendments made by virtue of paragraph (2)(a) to (d) above do not apply to occurrences of “Commission”, “Commission’s”, “it” or “its” amended by another provision within this regulation.

(4) In regulation 2—

(a) omit the definition of “the Commission”; and

(b) at the appropriate place insert—

““IOPC” means the Independent Office for Police Conduct;”

““IOPC DG” means the Director General of the Independent Office for Police Conduct;”.

(5) In regulation 5(1)—

(a) for “Independent Police Complaints Commission” substitute “Independent Office for Police Conduct”; and

(b) for “Commission’s” substitute “Office’s”.

(6) In regulation 6—

(a) after paragraph (4) insert—

“(4A) In carrying out functions under these Regulations the IOPC DG shall have regard to any advice provided to the IOPC DG by the IOPC (see regulation 6A(1)(a)).”; and

(b) in paragraph (6) for “Commission” where it first occurs insert “IOPC”.

(7) After regulation 6 insert—

“General Functions of the IOPC under these Regulations

6A.— (1) The functions of the IOPC are—

(a) to provide support and advice to the IOPC DG in the carrying out of the IOPC DG’s functions under these Regulations; and

(b) to monitor and review the carrying out of such functions.

(2) The IOPC is to perform its functions under these Regulations for the general purpose of improving the way in which the IOPC DG’s functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

(3) In carrying out its functions under these Regulations the IOPC must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

(4) The IOPC may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these Regulations.

Efficiency etc. in exercise of functions

6B.   The IOPC DG and the IOPC must carry out their functions under these Regulations efficiently and effectively.”.

(8) In regulation 7—

(a) for paragraph (1) substitute—

“(1) As soon as practicable after the end of each of the IOPC’s financial years, the IOPC DG and the IOPC shall jointly make a report to the Secretary of State on the carrying out of their functions under these Regulations during that year.”; and

(b) in paragraph (6) for “The Commission shall send a copy of every annual report under paragraph (1) and” substitute “The IOPC shall send a copy of every annual report under paragraph (1), and the IOPC DG shall send a copy of”.

(9) In regulation 9(7) for “Commission’s” substitute “IOPC’s”.

(10) In regulation 10(4) for “Commission” where it occurs second substitute “IOPC”.

(11) In regulation 12(5)(a)(i) omit “itself”.

(12) In regulation 16(2) for “it” substitute “the IOPC DG or, as the case may be, the appropriate authority”.

(13) In regulation 44—

(a) in paragraph (1) omit “itself”;

(b) for paragraph (2) substitute—

“(2) The IOPC DG shall designate both—

(a) a person to take charge of the investigation; and

(b) such members of the IOPC’s staff as are required by the IOPC DG to assist the person designated to take charge of the investigation.

(2A) The person designated under paragraph (2) to take charge of an investigation shall be—

(a) the IOPC DG acting personally; or

(b) a person who is authorised to exercise the function of taking charge of the investigation on behalf of the IOPC DG by virtue of paragraph 6A of Schedule 2 to the 2002 Act (delegation of Director General’s functions).”;

(c) in paragraph (3) for “member of the Commission’s staff” substitute “person”; and

(d) in paragraph (4) for “member of the Commission’s staff” substitute “person designated under paragraph (2).

(14) In regulation 45(2) for “carrying out an investigation” insert “, under paragraph 19 of Schedule 3 to the 2002 Act has designated a person to carry out, an investigation”.

(15) In regulation 48(8) for “it” substitute “the IOPC DG or appropriate authority”.

(16) In regulation 49(1) after “the person investigating” in both places where it occurs insert “or, in the case of an investigation by a designated person under regulation 44 the IOPC DG,”.

(17) In regulation 54(1)(b) for “the Commission itself” substitute “a person designated under regulation 44”.

(18) In regulation 55(1)(b) after “regulation 66 or 69” insert “or, in the case of an investigation under regulation 44 by the IOPC DG acting personally, a report has been completed by the IOPC DG”.

(19) In regulation 56—

(a) in paragraph (1)—

(i) after “the person investigating a complaint or recordable conduct matter” insert “or, in the case of an investigation by a designated person under regulation 44 the IOPC DG,”; and

(ii) after “person” where it second occurs insert “investigating”; and

(b) in paragraph (3) for “that person’s belief” substitute “the belief referred to in paragraph (1)”.

(20) In regulation 64(7) and (14)(b) omit “itself”.

(21) In regulation 65—

(a) in paragraph (1) omit “or designated under regulation 44”;

(b) after paragraph (2) insert—

“(2A) If during the course of an investigation of a DSI matter being carried out by a person designated under regulation 44 the IOPC DG determines that there is an indication that the Director General or an NCA officer (“the person whose conduct is in question”) may have—

(a) committed a criminal offence; or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the IOPC DG shall proceed under paragraph (2B).

(2B) The IOPC DG shall—

(a) prepare a record of the determination;

(b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and

(c) send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).”; and

(c) in paragraph (5)(a), after “paragraph (2)” insert “or (2B)”.

(22) In regulation 66—

(a) in paragraph (5)—

(i) omit “itself” where it first occurs; and

(ii) for “by the Commission” where it second occurs to the end substitute—

“shall—

(a) submit a report to the IOPC DG; or

(b) where the person in charge of the investigation is the IOPC DG acting personally, complete a report on the investigation;”;

(b) in paragraph (6) after “A person submitting” insert “or, in the case of an investigation under regulation 44 by the IOPC DG personally, completing”; and

(c) in paragraph (8) after “A person who has submitted” insert “or, in the case of an investigation under regulation 44 by the IOPC DG personally, completed”.

(23) In regulation 67—

(a) in paragraph (1)(b), before “under paragraph (5)” insert “or is otherwise completed”;

(b) in paragraph (2), after “On receipt of the report” insert “or on its completion by the IOPC DG”; and

(c) in paragraph (15), after “65(2)” insert “, (2A)”.

(24) In regulation 69—

(a) in paragraph (1), after “65(2)” insert “, (2A)”;

(b) after paragraph (2) insert—

“(2A) Paragraph (2)(a) does not apply where the person investigating is the IOPC DG carrying out an investigation personally under regulation 44, but the IOPC DG shall complete a report on the investigation.”;

(c) in paragraph (3) for “this regulation” substitute “paragraph (2) or completing one under paragraph (2A)”; and

(d) in paragraph (4), after “On receipt of the report” insert “(or on its completion by the IOPC DG)”.

(25) In regulation 72(1)(b) for “commission” substitute “IOPC DG”.

(1)

S.I. 2013/2325.