C10C12C11C13C15C18C16C19C23C24C20C22C21C25C5C6C7C8C9Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C10

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)

C12

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))

C11

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

C18

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))

C16

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)

C23

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)

C24

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

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), 42(1), Sch. 2

C22

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)

C21

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)

C25

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)

C5

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

C9

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

F13The Independent Office for Police Conduct

Annotations:
Amendments (Textual)
F13

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)

I1C1C2C3C4C14C179C18C16F8The Independent Office for Police Conduct

F91

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.

F142

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 person shall not be appointed as the F15Director GeneralF16... if—

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 F1or 41A is or has been in force;

F2da

he F6... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;

F3db

he F7... 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;

F5dc

the person is, or has been, a National Crime Agency officer;

e

he F4. . . 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

F10Neither 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 F11Office'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 F12Office) shall have effect.

7

The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.