C7C9C8C10C11C13C12C14C18C19C15C17C16C20C2C3C4C5C6Part 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)

C9

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))

C8

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

C13

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))

C12

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)

C18

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)

C19

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

C15

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

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), 43(1)(2)

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(2)

C20

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

Co-operation, assistance and information

C116C9C8C18C19C15C17C16 Payment for assistance with investigations

1

This section applies where—

a

one police force is required to provide assistance to another in connection with an investigation under this Part; or

b

a police force is required to provide assistance F20to the F13Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.

2

For the purposes of this section—

a

assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

F16ai

an investigation of a complaint where the complainant expressed dissatisfaction with the other force,

F1i

an investigation F17of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and

b

assistance is required to be provided F21by a police force (“the assisting force”) to the F13Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

F18ai

an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,

F2i

an investigation F19of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, F22...

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that forceF23, or

iii

a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.

3

Where the assistance is required to be provided by one police force to another, the F6local policing body maintaining that other police force shall pay to the F6local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between them; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F7local policing bodies generally; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

c

in the absence of any such arrangements, as may be determined by the Secretary of State.

4

Where the assistance is required to be provided by a police force to the F13Director General, F14Office shall pay to the F8local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between the F13Director General and F9that body; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F10local policing bodies generally and by the F13Director General; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the F13Director General; or

c

in the absence of any such arrangements, as may be determined by the Secretary of State.

F35

In this section (subject to subsection (6))—

a

references to a police force and to a F4local policing body maintaining a police force include references to the F12National Crime Agency; and

b

in relation to that Agency, references to the chief officer are references to the Director General F15of that Agency.

6

This section shall have effect in relation to cases in which assistance is required to be provided by the F11National Crime Agency as if—

a

the reference in subsection (3)(b) to F5local policing bodies generally included a reference to the Agency; and

b

the reference in subsection (4)(b) to F5local policing bodies generally were a reference to the Agency.

7

This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.