Part 2Complaints and Misconduct
The Independent Office for Police Conduct
9F1The Independent Office for Police Conduct
F2(1)
The body corporate previously known as the Independent Police Complaints Commission—
(a)
is to continue to exist, and
(b)
is to be known instead as the Independent Office for Police Conduct.
F3(2)
The Office is to consist of—
(a)
a Director General appointed by Her Majesty, and
(b)
at least six other members.
(2A)
The other members must consist of—
(a)
persons appointed as non-executive members (see paragraph 1A of Schedule 2), and
(b)
persons appointed as employee members (see paragraph 1B of that Schedule),
but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.
(3)
(a)
he holds or has held office as a constable in any part of the United Kingdom;
(b)
he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;
(c)
he is a person in relation to whom a designation under section 39 is or has been in force;
(d)
he is a person in relation to whom an accreditation under section 41 F6or 41A is or has been in force;
F7(da)
he F8... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;
F9(db)
he F10... has been—
(i)
the chairman or chief executive of, or
(ii)
another member of, or
(iii)
another member of the staff of,
the National Policing Improvement Agency;
F11(dc)
the person is, or has been, a National Crime Agency officer;
(e)
he F12. . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or
(f)
he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—
(i)
section 26 of this Act; or
(ii)
section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).
(4)
An appointment made in contravention of subsection (3) shall have no effect.
(5)
F13Neither the Office nor the Director General shall—
(a)
be regarded as the servant or agent of the Crown; or
(b)
enjoy any status, privilege or immunity of the Crown;
and the F14Office's property shall not be regarded as property of, or property held on behalf of, the Crown.
(6)
Schedule 2 (which makes further provision in relation to the F15Office) shall have effect.
(7)
The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.