The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

1.—(1) Section 10 of the 2002 Act (general functions of the Commission)(1) is modified as follows.

(2) In subsection (1), after “the functions of the Commission” insert “in relation to the exercise by immigration officers of specified enforcement functions and officials of the Secretary of State of specified enforcement functions relating to immigration or asylum”.

(3) In subsection (1)(a), for “police authorities and chief officers” substitute “the appropriate authority”.

(4) In subsection (1)(e)(2) omit “and also of police practice in relation to other matters,”.

(5) Omit subsections (1)(f), (1)(g) and (1)(h)(3).

(6) For subsection (3)(4), substitute—

“(3) In carrying out its functions under subsection (1)(d) and (e) the Commission shall only have regard to the following matters—

(a) the handling of complaints which—

(i) fall within regulation 2(2) of the Complaints Regulations;

(ii) the Commission has notified the appropriate authority that it requires to be referred to it for its consideration; or

(iii) the appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of—

(aa) the gravity of the subject matter of the complaint; or

(bb) any exceptional circumstances;

(b) the recording of conduct matters which—

(i) fall within regulation 5(1) of the Complaints Regulations;

(ii) the Commission has notified the appropriate authority that it requires to be referred to it for its consideration;

(iii) the appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of—

(aa) the gravity of the subject matter of the complaint; or

(bb) any exceptional circumstances;

(c) the recording of a DSI matter; and

(d) the manner in which any such complaints or any such matters as are mentioned in paragraph (b) or (c) are investigated or otherwise handled and dealt with.”.

(7) In subsection (4), for “subsections (1) and (3)” substitute “subsection (1)”.

(8) After subsection (4) insert—

“(4A) It shall be the duty of the Commission to carry out its functions under subsection (1) in relation to the following:

(a) any DSI matter;

(b) those complaints falling within paragraph 2(2) of the Complaints Regulations;

(c) those conduct matters falling within paragraph 5(1) of the Complaints Regulations;

(d) those complaints or recordable conduct matters which the Commission has notified the appropriate authority that it requires to be referred to it for its consideration;

(e) those complaints or recordable conduct matters that the appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of —

(i) the gravity of the subject-matter of the complaint; or

(ii) any exceptional circumstances; and

(f) any matter that is subject to any of the appeal rights set out in Schedule 3.”

(9) In subsection (5)(a)—

(a) for “the chief inspector of constabulary” substitute “the Chief Inspector of the Border and Immigration Agency(5), Her Majesty’s Chief Inspector of Prisons, the Prison and Probation Ombudsman”; and

(b) for “between the Commission and the inspectors of constabulary” substitute “in relation to the exercise by immigration officers of specified enforcement functions and officials of the Secretary of State of specified enforcement functions in relation to immigration or asylum”.

(10) After subsection (5) insert—

“(5A) Until such time as the chief inspector of the Border and Immigration Agency is appointed under section 48 of the UK Borders Act 2007 (establishment of Border and Immigration Inspectorate)(6), subsection (5) shall be read as if his name is omitted.”.

(11) For subsection (7)(7), substitute—

“(7) The Commission may, in connection with the making of any recommendation or the giving of any advice to any person for the carrying out of its function under subsection (1)(e) impose any such charge on that person for anything done by the Commission for the purposes of, or in connection with, the carrying out of that function as it thinks fit.”.

(12) Omit subsections (8) and (9).

(1)

Section 10 of the 2002 Act has been amended by: sections 55(1) and 174(2) of, and Schedules 2 and 17 to, the Serious Organised Crime and Police Act 2005; and sections 1(3) and 52 of, and Schedules 1 and 15 to, the Police and Justice Act 2006.

(2)

Section 10(1)(e) of the 2002 Act has been amended by sections 55(1) and 174(2) of, paragraphs 1, 2 and 3 of Schedule 2 to, and Schedule 17 to, the Serious Organised Crime and Police Act 2005.

(3)

Section 10(1)(f) of the 2002 Act has been amended by: sections 55(1) and 174(2) of, paragraphs 1, 3(1) and 2(a) of Schedule 2 to, and Schedule 17 to, the Serious Organised Crime and Police Act 2005; and section 52 of, and Schedule 15 to the Police and Justice Act 2006. Section 10(1)(g) of the 2002 Act has been amended by section 55(1) of, and paragraphs 1, 3(1) and 2(c) of Schedule 2 to, the Serious Organised Crime and Police Act 2005. Section 10(1)(h) of the 2002 Act is amended by section 1(3) of, and paragraphs 80 and 82 of Schedule 1 to, the Police and Justice Act 2006.

(4)

Section 10(3) of the 2002 Act has been amended by: sections 55(1) and 174(2) of, paragraphs 1 and 3 of Schedule 2 to, and Schedule 17 to, the Serious Organised Crime and Police Act 2005; and section 1(3), and paragraphs 80 and 82 of Schedule 12 to, the Police and Justice Act 2006.

(5)

The Chief Inspector of the Border and Immigration Agency shall be appointed under section 48 of the UK borders Act 2007 (c.30). Section 48 is not yet in force.

(6)

2007 c.30.

(7)

Section 10(7) of the 2002 Act has been amended by: sections 55(1) and 174(2) of, paragraphs 1 and 3 of Schedule 2 to, and Schedule 17 to, the Serious Organised Crime and Police Act 2005; and section 1(3), and paragraphs 80 and 82 of Schedule 1 to, the Police and Justice Act 2006.