Police Reform Act 2002

Transitional provisions E+W

F1 28 Transitional arrangements connected with establishing the Commission etc. E+W

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Textual Amendments

F1 S. 28 omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 38(1) (with Sch. 9 para. 38(2))

[F2 28A Application of Part 2 to old cases E+W

(1) The [F3 Director General] may, if [F4 the Director General] considers that there are exceptional circumstances—

(a) direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and

(b) direct the appropriate authority to record the matter under this Part.

(2) A “pre-commencement matter” means a matter which—

(a) is a complaint or a conduct matter,

(b) relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and

(c) (apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.

(3) “Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).

(4) The [F3 Director General] may, if [F5 the Director General] considers that there are exceptional circumstances, direct that a matter to which subsection (5) applies should be treated as a conduct matter or a DSI matter.

(5) This subsection applies to a matter which—

(a) relates to conduct which took place, or circumstances which occurred, before 1 April 2004,

(b) has been the subject of a relevant complaint, and

(c) would be a conduct matter or a DSI matter if it had not been the subject of a relevant complaint.

(6) “Relevant complaint” means—

(a) a complaint made before 1 April 2004, or

(b) a complaint made on or after that date to which a relevant transitional provision applied.

(7) Where under subsection (1)(a) the [F3 Director General] directs that a relevant transitional provision does not apply in relation to a pre-commencement matter, that provision does not apply in relation to that matter.

(8) The appropriate authority must comply with a direction under subsection (1)(b).

(9) Where under subsection (4) the [F3 Director General] directs that a matter should be treated as a conduct matter or a DSI matter, the matter is (subject to any regulations under subsection (10)) to be treated as a conduct matter or a DSI matter for the purposes of this Part (including subsections (1) and (2)) and any provision made under it.

(10) The Secretary of State may by regulations provide for this Part or any provision made under it to apply with such modifications as the Secretary of State thinks fit to a matter in relation to which the [F3 Director General] has made a direction under subsection (1) or (4).]

Textual Amendments

F2 S. 28A inserted (19.12.2012) by Police (Complaints and Conduct) Act 2012 (c. 22), ss. 2(2), 3(3)

F3 Words in s. 28A substituted in part (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 39(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F4 Words in s. 28A(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 39(3); S.I. 2017/1249, reg. 2 (with reg. 3)

F5 Words in s. 28A(4) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 39(4); S.I. 2017/1249, reg. 2 (with reg. 3)