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Police Reform Act 2002

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10 General functions of the [F1Director General] U.K.

This section has no associated Explanatory Notes

(1)The functions of the [F1Director General] shall be—

(a)to secure the maintenance by the [F1Director General] F2..., and by [F3local policing bodies] and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2);

(b)to keep under review all arrangements maintained with respect to those matters;

(c)to secure that arrangements maintained with respect to those matters comply with the requirements of the following provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;

(d)to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;

(e)to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, and also of police practice in relation to other matters, as appear, from the carrying out by the [F1Director General] of [F4the Director General's] other functions, to be necessary or desirable; F5. . .

(f)to such extent as [F6the Director General] may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F7. . . bodies of constables maintained otherwise than by [F8local policing bodies] which broadly correspond to those conferred on the [F1Director General] in relation to police forces by the preceding paragraphs of this subsection[F9; F10. . .

(g)to carry out functions in relation to the [F11National Crime Agency] which correspond to those conferred on the [F1Director General] in relation to police forces by paragraph (e) of this subsection][F12; and

[F13(ga)to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers))][F14; and

(gb)to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of—

(i)section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(ii)section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).]

F15(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Those matters are—

(a)the handling of complaints [F16(within the meaning given by section 12)] [F17or other concerns raised by virtue of Part 2B (whistle-blowing)];

(b)the recording of matters from which it appears that there may have been conduct by [F18persons serving with the police] which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

[F19(ba)the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;]

(c)the manner in which any such complaints [F20or other concerns] or any such matters as are mentioned in paragraph (b) [F21or (ba)] are investigated or otherwise handled and dealt with.

(3)The [F1Director General] shall also have the functions which are conferred on [F22the Director General] by—

(a)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any agreement or order under section 26 of this Act (other bodies of constables);

[F24(bc)any regulations under section 26C of this Act (the National Crime Agency);]

[F25(bd)any regulations under section 26D of this Act (labour abuse prevention officers);]

[F26(be)any regulations under section 26E of this Act (food crime officers);]

(c)any regulations under section 39 of this Act (police powers for contracted-out staff); or

(d)any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of F27. . . any body of constables maintained otherwise than by a [F28local policing body].

[F29(3A)The [F1Director General] also has any functions conferred on [F30the Director General] by regulations under section 29C of this Act (regulations about super-complaints).]

[F31(3B)The [F1Director General] also has the functions which are conferred on [F32the Director General] by Part 2B (whistle-blowing).]

(4)It shall be the duty of the [F1Director General]

(a)to exercise the powers and perform the duties conferred on [F33the Director General] by the following provisions of this Part in the manner that [F33the Director General] considers best calculated for the purpose of securing the proper carrying out of [F34the Director General's] functions under subsections (1) and (3); and

(b)to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the [F1Director General] has functions.

(5)It shall also be the duty of the [F1Director General]

(a)to enter into arrangements with the chief inspector of constabulary for the purpose of securing co-operation, in the carrying out of their respective functions, between the [F1Director General] and the inspectors of constabulary; and

(b)to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the [F1Director General] to be appropriate, for facilitating the carrying out by those inspectors of their functions.

[F35(5A)In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).]

(6)Subject to the other provisions of this Part, the [F1Director General] may do anything which appears to [F36the Director General] to be calculated to facilitate, or is incidental or conducive to, the carrying out of [F37the Director General's] functions.

(7)The [F38Office] may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—

(a)[F39the Director General's] function under subsection (1)(e), F40. . .

(b)any corresponding function conferred on [F41the Director General] by virtue of subsection (1)(f), [F42or

(c)[F39the Director General's] function under subsection (1)(g) [F43or (h)],]

impose any such charge on that person for anything done by the [F1Director General] for the purposes of, or in connection with, the carrying out of that function as [F41the Director General] thinks fit.

F44(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 10 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), ss. 34(2), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F2Word in s. 10(1)(a) omitted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F4Words in s. 10(1)(e) 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. 17(3); S.I. 2017/1249, reg. 2 (with reg. 3)

F6Words in s. 10(1)(f) 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. 17(4); S.I. 2017/1249, reg. 2 (with reg. 3)

F10Word in s. 10(1) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)

F12S. 10(1)(h) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F16Words in s. 10(2)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e), Sch. 4 para. 2(a); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F17Words in s. 10(2)(a) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 34(3)(a), 183(1)(5)(e)

F18Words in s. 10(2)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e), Sch. 4 para. 2(b); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F20Words in s. 10(2)(c) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 34(3)(b), 183(1)(5)(e)

F22Words in s. 10(3) 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. 17(5); S.I. 2017/1249, reg. 2 (with reg. 3)

F24S. 10(3)(bc) substituted for s. 10(3)(ba)(bb) (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 9(3); S.I. 2013/1682, art. 3(q)

F29S. 10(3A) inserted (31.1.2017 for specified purposes, 16.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 27(2), 183(1)(5)(e); S.I. 2018/456, reg. 3(c)

F30Words in s. 10(3A) 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. 17(6); S.I. 2017/1249, reg. 2 (with reg. 3)

F31S. 10(3B) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 28(3), 183(1)(5)(e)

F32Words in s. 10(3B) 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. 17(7); S.I. 2017/1249, reg. 2 (with reg. 3)

F33Words in s. 10(4)(a) 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. 17(8)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F34Words in s. 10(4)(a) 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. 17(8)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F35S. 10(5A) inserted (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), ss. 34(4), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F36Words in s. 10(6) 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. 17(9)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F37Words in s. 10(6) 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. 17(9)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F38Word in s. 10(7) 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), ss. 34(5), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F39Words in s. 10(7) 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. 17(10)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F41Words in s. 10(7) 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. 17(10)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F43Words in s. 10(7)(c) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

Modifications etc. (not altering text)

C1Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by 2009 c. 20, s. 107EE(4) (as inserted by Policing and Crime Act 2017 (c. 3), ss. 8(2), 183(1)(5)(e); S.I. 2017/726, reg. 2(a))

C2Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by 2004 c. 21, s. 4K(2)(4) (as inserted by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38)

C3Pt. 2 applied (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(3)

C4Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 52

C5Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(1), Sch. 2

C6Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(1)(2)

C7Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(2)

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