C7C10C9C11C12C14C13C15C19C20C16C18C17C21C2C3C4C5C6Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C7

Pt. 2 power to apply amend or modify conferred (31.10.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 7 para. 7(1); S.I. 2011/2515, art. 2(d)

C10

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))

C9

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C14

Pt. 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))

C13

Pt. 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)

C19

Pt. 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)

C20

Pt. 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

C16

Pt. 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

C18

Pt. 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)

C17

Pt. 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)

C21

Pt. 2: power to amend conferred (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 38, 255(2)(c) (with s. 247)

C2

Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30

C6

Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2

F31The Independent Office for Police Conduct

Annotations:
Amendments (Textual)
F31

S. 9 cross-heading 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. 16; S.I. 2017/1249, reg. 2 (with reg. 3)

C110C14C13C19C20C16C18C17 General functions of the F28Director General

1

The functions of the F28Director General shall be—

a

to secure the maintenance by the F28Director GeneralF32..., and by F15local 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 F28Director General of F33the Director General's other functions, to be necessary or desirable; F1. . .

f

to such extent as F34the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F2. . . bodies of constables maintained otherwise than by F13local policing bodies which broadly correspond to those conferred on the F28Director General in relation to police forces by the preceding paragraphs of this subsectionF3; F4. . .

g

to carry out functions in relation to the F17National Crime Agency which correspond to those conferred on the F28Director General in relation to police forces by paragraph (e) of this subsectionF5; and

F21ga

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))F45; 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).

F19h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Those matters are—

a

the handling of complaints F26(within the meaning given by section 12)F24or 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 F27persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

F6ba

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 F25or other concerns or any such matters as are mentioned in paragraph (b) F7or (ba) are investigated or otherwise handled and dealt with.

3

The F28Director General shall also have the functions which are conferred on F35the Director General by—

a

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

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

F18bc

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

F22bd

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

F46be

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 F9. . . any body of constables maintained otherwise than by a F14local policing body.

F443A

The F28Director General also has any functions conferred on F36the Director General by regulations under section 29C of this Act (regulations about super-complaints).

F233B

The F28Director General also has the functions which are conferred on F37the Director General by Part 2B (whistle-blowing).

4

It shall be the duty of the F28Director General

a

to exercise the powers and perform the duties conferred on F38the Director General by the following provisions of this Part in the manner that F38the Director General considers best calculated for the purpose of securing the proper carrying out of F39the 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 F28Director General has functions.

5

It shall also be the duty of the F28Director 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 F28Director 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 F28Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.

F295A

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 F28Director General may do anything which appears to F40the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of F41the Director General's functions.

C87

The F30Office 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

F43the Director General's function under subsection (1)(e), F10. . .

b

any corresponding function conferred on F42the Director General by virtue of subsection (1)(f), F11or

c

F43the Director General's function under subsection (1)(g) F12or (h),

impose any such charge on that person for anything done by the F28Director General for the purposes of, or in connection with, the carrying out of that function as F42the Director General thinks fit.

F168

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F209

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .