Transitional and saving provisions3

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)4, 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)5 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.)6 against a decision made in accordance with—

a

the Police (Performance) Regulations 20087;

b

the Police (Conduct) Regulations 20088;

c

the Police (Performance) Regulations 20129, or

d

the Police (Conduct) Regulations 201210.

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 201011;

b

the Revenue and Customs (Complaints and Misconduct) Regulations 201012;

c

the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 201213;

d

the National Crime Agency (Complaints and Misconduct) Regulations 201314;

e

the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 201515;

f

the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 201716.

5

In this regulation—

  • “the 2002 Act” means the Police Reform Act 200217;

  • “appropriate authority” has the meaning given to it by section 29(1) of the 2002 Act (interpretation of Part 2)18 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 Act19;

  • “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 Act20.