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

5.—(1) Section 15 of the 2002 Act (general duties of police authorities, chief officers and inspectors)(1) is modified as follows.

(2) For the heading of this section substitute “General duties of the appropriate authority and the Secretary of State in relation to immigration or asylum functions”.

(3) For subsection (1) substitute—

“(1) It shall be the duty of the appropriate authority, the Chief Inspector of the Border and Immigration Agency, Her Majesty’s Chief Inspector of Prisons and the Prisons and Probation Ombudsman to ensure that they are kept informed, 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, about all matters falling within subsection (2).”.

(4) For subsections (1A) and (1B)(2) substitute—

“(1A) Until such time as the Chief Inspector of the Border and Immigration Agency is appointed under section 48 of the UK Borders Act 2007, subsection (5) shall be read as if his name is omitted from those sections.”.

(5) For subsection (3)(3) substitute—

“(3) Where the appropriate authority or the Commission requires the chief officer of a police force to provide a member of his force for appointment under paragraph 17A or 18A of Schedule 3 it shall be the duty of the chief officer to whom the requirement is addressed to comply with it.”.

(6) For subsection (4)(4) substitute—

“(4) It shall be the duty of—

(a) the Secretary of State,

(b) the appropriate authority,

(c) a police authority maintaining a police force, and

(d) the chief officer of police of a police force

to provide the Commission and every member of the Commission’s staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the Commission under this Part.”.

(7) For subsection (5)(5) substitute—

“(5) It shall be the duty of the appropriate authority to ensure that a person appointed under paragraph 16, 17, 17A, 18, or 18A of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require.”.

(8) Omit subsections (6) to (10)(6).

(1)

Section 15 of the 2002 Act has been amended by: sections 55(1) and 174(2) of, and paragraphs 1 and 5 of Schedule 2 to, the Serious Organised Crime and Police Act 2005; and section 1(3), and paragraphs 80 and 84 to Schedule 1 to, the Police and Justice Act 2006.

(2)

Section 15(1A) of the 2002 Act was inserted by: section 55(1) of, and paragraphs 1 and 5 of Schedule 2 to, the Serious Organised Crime and Police Act 2005. Section 15(1B) of the 2002 Act was inserted by section 1(3) of, and paragraphs 80 and 84 to Schedule 1 to, the Police and Justice Act 2006.

(3)

Section 15(3) of the 2002 Act has been amended by section 55(1) of, and paragraphs 1, 5, and 3 of Schedule 2 to, the Serious Organised Crime and Police Act 2005.

(4)

Section 15(4) of the 2002 Act has been amended by section 55(1) of, and paragraphs 1 and 5 of Schedule 2 to, the Serious Organised Crime and Police Act 2005.

(5)

Section 15(5) of the 2002 Act has been amended by section 55(1) of, and paragraphs 1 and 5 of Schedule 2 to, the Serious Organised Crime and Police Act 2005.

(6)

Section 15(6) of the 2002 Act has been amended by: sections 55(1) and 174(2) of, paragraphs 1 and 5 of Schedule 2 to, and Schedule 17 to, the Serious Organised Crime and Police Act 2005. Section 15(7) of the 2002 Act has been amended by section 55(1) of, and paragraphs 1 and 5 of Schedule 2 to, the Serious Organised Crime and Police Act 2005. Section 15(8) and (9) was inserted by section 55(1) of, and paragraphs 1 and 5 of Schedule 2 to, the Serious Organised Crime and Police Act 2005. Sections 15(8A) and (8B) of the 2002 Act was substituted by section 1(3), and paragraphs 60 and 84 of Schedule 1 to, the Police and Justice Act 2006. Section 15(9) of the 2002 Act has been amended by section 1(3) and paragraphs 80 and 84 of Schedule 1 to, the Police and Justice Act 2006. Section 15(10) of the 2002 Act was inserted by section 1(3) and paragraphs 80 and 84 of Schedule 1 to, the Police and Justice Act 2006.