Part 2Complaints and Misconduct

The Independent Office for Police Conduct

11 Reports to the Secretary of State

(1)

As soon as practicable after the end of each of F1the Office's financial years, the F2Director General and the Office must jointly make a report to the Secretary of State on the carrying out of F3their functions during that year.

F4(2)

The Secretary of State may also require reports to be made (at any time)—

(a)

by the Director General about the carrying out of the Director General's functions,

(b)

by the Office about the carrying out of the Office's functions, or

(c)

jointly by the Director General and the Office about the carrying out of their functions.

F5(2A)

The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which—

(a)

have come to the Director General's notice, and

(b)

are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.

(3)

The F6Office may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—

(a)

have come to the F7Office's notice; and

(b)

are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.

F8(3A)

The Director General and the Office may jointly make reports under subsections (2A) and (3).

(4)

The F9Director General shall prepare such reports containing advice and recommendations as F10the Director General thinks appropriate for the purpose of carrying out—

(a)

F11the Director General's function under subsection (1)(e) of section 10; or

(b)

any corresponding function conferred on F10the Director General by virtue of subsection (1)(f) of that section.

(5)

Where the Secretary of State receives any report under this section, he shall—

(a)

in the case of every annual report under subsection (1), and

(b)

in the case of any other report, if and to the extent that he considers it appropriate to do so,

lay a copy of the report before Parliament and cause the report to be published.

(6)

The F12Office shall send a copy of every annual report under subsection (1)—

(a)

to every F13local policing body;

F14(b)

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

F15(c)

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

(d)

to every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that sectionF16; and

F17(e)

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

F18(f)

to the National Crime Agency.

F19(6A)

The Director General must send a copy of every report under subsection (2A) —

(a)

to any local policing body that appears to the Director General to be concerned, and

(b)

to the chief officer of police of any police force that appears to the Director General to be concerned.

(7)

The F20Office shall send a copy of every report under subsection (3)—

(a)

to any F21local policing body that appears to the F20Office to be concerned; and

(b)

to the chief officer of police of any police force that appears to it to be concerned.

F22(8)

Where a report under subsection F23(2A) or (3) relates to the F24National Crime Agency, the F25Director General or the Office (as the case may be) shall send a copy of that report to the Agency.

(9)

Where a report under subsection F26(2A) or (3) relates to a body of constables maintained by an authority other than a F27local policing body, the F28Director General or the Office (as the case may be) shall send a copy of that report—

(a)

to that authority; and

(b)

to the person having the direction and control of that body of constables.

F29(9A)

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

(10)

The F30Director General shall send a copy of every report under subsection (4)to—

(a)

the Secretary of State;

(b)

every F31local policing body;

(c)

every chief officer;

F32(d)

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

F33(e)

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

(f)

every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; F34. . .

(g)

every person who has the direction and control of such a body of constablesF35; F36...

F37(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F38; and

(i)

the National Crime Agency.

(11)

The F39Director General shall send a copy of every report made or prepared by F40the Director General under subsection F41(2A) or (4) to such of the persons (in addition to those specified in the preceding subsections) who—

(a)

are referred to in the report, or

(b)

appear to the F39Director General otherwise to have a particular interest in its contents,

as the F39Director General thinks fit.

F42(12)

The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

(a)

are referred to in the report, or

(b)

appear to the Office otherwise to have a particular interest in its contents,

as the Office thinks fit.

(13)

Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.