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Statutory Instruments

2020 No. 2

Police

The Police (Complaints and Misconduct) Regulations 2020

Made

6th January 2020

Laid before Parliament

10th January 2020

Coming into force

1st February 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by the provisions of the Police Reform Act 2002(1) specified in Schedule 1 to these Regulations(2) and section 180(1) and (3) of the Policing and Crime Act 2017(3).

In accordance with section 24 of the Police Reform Act 2002(4), the Secretary of State has consulted with the Office, the Director General(5), such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council, the National Police Chiefs’ Council(6) and such other persons as the Secretary of State thinks fit.

In accordance with section 63(3)(b) of the Police Act 1996(7), the Secretary of State supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations.

(2)

In addition, paragraph 29 of Schedule 3 to the 2002 Act states that in Part 3 of that Schedule “prescribed” means prescribed by regulations made by the Secretary of State. Paragraph 29 was inserted by paragraphs 1, 3 and 19 of Schedule 23 to the Criminal Justice and Immigration Act 2008 (c. 4).

(4)

Section 24 was amended by paragraphs 277 and 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 15 and 32 of Schedule 9, and paragraphs 6 and 7 of Schedule 14, to the Policing and Crime Act 2017.

(5)

Section 29(1) of the 2002 Act defines “the Office” and “the Director General”. The definitions were inserted by paragraphs 15 and 40(1) and (2) of Schedule 9 to the Policing and Crime Act 2017.

(6)

Section 101(1) of the Police Act 1996 (c. 16) defines “police and crime commissioner”, “the Mayor’s Office for Policing and Crime”, “the Common Council” and “the National Police Chiefs’ Council”. The definitions were inserted by section 96(1) and (2) of the Police Reform and Social Responsibility Act 2011 and paragraph 1(1) and (3) of Schedule 14 to the Policing and Crime Act 2017.

(7)

1996 c. 16. Section 63(3) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by section 10(3)(b) of the Policing and Crime Act 2009 (c. 26); there are further amendments to section 63(3) but none is relevant.