The Policing and Crime Act 2017 (Commencement No. 10 and Transitional and Saving Provisions) Regulations 2020

Citation and interpretation

1.—(1) These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 10 and Transitional and Saving Provisions) Regulations 2020.

(2) In these Regulations, “the 2017 Act” means the Policing and Crime Act 2017.

Provisions coming into force on 1st February 2020

2.  The day appointed for the coming into force of the following provisions of the 2017 Act, to the extent not already in force, is 1st February 2020—

(a) section 13 (local policing bodies: functions in relation to complaints);

(b) section 14 (definition of police complaint);

(c) section 15 (duty to keep complainant and other interested persons informed);

(d) section 16 (complaints, conduct matters and DSI matters: procedure);

(e) section 17 (initiation of investigations by IPCC)(1);

(f) section 18 (IPCC power to require re-investigation);

(g) section 19 (sensitive information received by IPCC: restriction on disclosure);

(h) section 21 (references to England and Wales in connection with IPCC functions);

(i) section 22 (oversight functions of local policing bodies);

(j) section 23 (delegation of functions by local policing bodies);

(k) section 29(8) (disciplinary proceedings: former members of police forces and former special constables)(2);

(l) section 31 (appeals to Police Appeals Tribunals);

(m) Schedule 4 (amendments consequential on the amended definition of police complaint);

(n) Schedule 5 (complaints, conduct matters and DSI matters: procedure), and

(o) Schedule 7 (disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary).

Transitional and saving provisions

3.—(1) Subject to paragraph (2), the amendments made by the provisions listed in paragraphs (a) to (e), (g) to (j), (m) and (n) in regulation 2 do not apply where—

(a) a complaint was made, or a conduct matter or DSI matter came to the attention of an appropriate authority, before 1st February 2020 (a “pre-commencement complaint”, a “pre-commencement conduct matter” or a “pre-commencement DSI matter”);

(b) a complaint is made, or a conduct matter or DSI matter comes to the attention of an appropriate authority, on or after 1st February 2020 which—

(i) relates to—

(aa) a matter in respect of which a pre-commencement complaint was made;

(bb) a pre-commencement conduct matter;

(cc) a pre-commencement DSI matter, and

(ii) at the time the complaint is made, or the conduct matter or DSI matter comes to the attention of an appropriate authority, that pre-commencement complaint, pre-commencement conduct matter or pre-commencement DSI matter is being handled in accordance with Schedule 3 to the 2002 Act (handling of complaints and conduct matter etc.).

(2) Paragraph (1) does not apply where the Director General—

(a) determines, under section 13B of the 2002 Act (power of the Director General to require a re-investigation)(3), that a complaint, conduct matter or DSI matter is to be re-investigated, or

(b) makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(4) in relation to a matter on or after 1st February 2020,

regardless of when the complaint was made or the matter came to the attention of the appropriate authority.

(3) The amendments made by section 31 of the 2017 Act do not apply in relation to an appeal under section 85 of the Police Act 1996 (appeals against dismissal etc.)(5) against a decision made in accordance with—

(a) the Police (Performance) Regulations 2008(6);

(b) the Police (Conduct) Regulations 2008(7);

(c) the Police (Performance) Regulations 2012(8), or

(d) the Police (Conduct) Regulations 2012(9).

(4) The amendments made by the provisions listed in paragraphs (a) to (g), (i), (j), (m) and (n) in regulation 2 do not apply for the purposes of—

(a) the UK Border Agency (Complaints and Misconduct) Regulations 2010(10);

(b) the Revenue and Customs (Complaints and Misconduct) Regulations 2010(11);

(c) the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012(12);

(d) the National Crime Agency (Complaints and Misconduct) Regulations 2013(13);

(e) the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015(14);

(f) the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017(15).

(5) In this regulation—

“the 2002 Act” means the Police Reform Act 2002(16);

“appropriate authority” has the meaning given to it by section 29(1) of the 2002 Act (interpretation of Part 2)(17) as in force immediately before 1st February 2020;

“complaint” has the meaning given to it by section 12(1) of the 2002 Act (complaints, matters and persons to which Part 2 applies) as in force immediately before 1st February 2020;

“conduct matter” has the meaning given to it by section 12(2) of the 2002 Act(18);

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

“DSI matter” has the meaning given to it by section 12(2A) of the 2002 Act(19).

Kit Malthouse

Minister of State

Home Office

23rd January 2020