The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 No. 212

SCHEDULE 1 MODIFICATION OF PART 2 OF THE 2002 ACT

6.—(1) Section 16 of the 2002 Act (payment for assistance with investigations)(1) is modified as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for “one” substitute “a”;

(ii) for “to another” substitute “to the appropriate authority”; and

(iii) omit “or”;

(b) at the end of paragraph (b) insert “or”; and

(c) after paragraph (b) insert—

“(c) a police force provides assistance by agreement under paragraph 17A(2) or 18A(2) of Schedule 3.”.

(3) In subsection (2)(a)(2)—

(a) for “one police force to another” substitute “a police force to the appropriate authority”;

(b) for “the first force (“the assisting force”)” substitute “that force”;

(c) in sub-paragraph (i) for “a member of the other force” substitute “an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum”; and

(d) in sub-paragraph (ii)—

(i) for “relevant officer” substitute “person being investigated”; and

(ii) for “a member of the other force” substitute “an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum”.

(4) In subsection (2)(b)(3)—

(a) omit “(“the assisting force”)”;

(b) in sub-paragraph (i), for “not a member of that force” substitute “an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified functions in relation to immigration or asylum”; and

(c) in sub-paragraph (ii)—

(i) for “relevant officer” substitute “person being investigated”; and

(ii) for “not a member of that force” substitute “an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum” (in each place that it occurs).

(5) In subsection (3)—

(a) for “one police force to another, the police authority maintaining that other police force” substitute “a police force to the appropriate authority or to the Commission or where a police force provides assistance by agreement under paragraph 17A(2) or 18A(2) of Schedule 3, the Secretary of State”;

(b) for “the assisting force” substitute “that force”;

(c) omit “(if any)”; and

(d) in paragraph (b)(ii) omit “, by one police force to another”.

(6) Omit subsection (4) to (7)(4).

(1)

Section 16 of the 2002 Act has been amended by sections 55(1) and 160 of, paragraphs 1 and 6 of Schedule 2 to, and paragraphs 1 and 5 of Schedule 12 to, the Serious Organised Crime and Police Act 2005.

(2)

Section 16(2)(a) of the 2002 Act has been amended by section 160 to, and paragraphs 1and 5 of Schedule 12 to, the Serious Organised Crime and Police Act 2005.

(3)

Section 16(2)(b) of the 2002 Act has been amended by section 160 to, and paragraphs 1 and 5 of Schedule 12 to, the Serious Organised Crime and Police Act 2005.

(4)

Section 16(5) and (6) of the 2002 Act was substituted by section 55(1) to, and paragraphs 1 and 6 of Schedule 2 to, the Serious Organised Crime and Police Act 2005.