The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

Regulation 6(a)

SCHEDULE 3 MODIFICATION OF THE COMPLAINTS REGULATIONS

1.  The Complaints Regulations are modified as follows.

2.—(1) Regulation 1 (citation, commencement and interpretation)(1) is modified as follows.

(2) In paragraph (2)(2),—

(a) after the definition of “the 2002 Act” insert—

““appropriate authority” means a person nominated by the Secretary of State;”;

(b) after the definition of “the Commission” insert—

““immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002;”; and

(c) omit the definition of “a relevant offence”.

(3) After paragraph (2) insert—

“(3) In these Regulations “specified enforcement functions” means, subject to paragraphs (4) and (5) the exercise of—

(a) powers of entry;

(b) powers to search persons and property;

(c) powers to seize or detain property;

(d) powers to arrest persons;

(e) powers to detain persons;

(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g) powers in connection with the removal of persons from the United Kingdom.

(4) The following shall not be regarded as an enforcement function—

(i) the making of an immigration decision;

(ii) the making of any decision to grant or refuse asylum; or

(iii) the giving of any directions to remove persons from the United Kingdom.

(5) For the avoidance of doubt, references to “specified enforcement functions” in paragraph (3) include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000.”.

3.—(1) Regulation 2 (reference of complaints to the Commission)(3) is modified as follows.

(2) In paragraph (2)(a)(iii), after “Commission” insert “, arising in connection with the exercise of a specified enforcement function by an immigration officer or the exercise of a specified enforcement function by an official of the Secretary of State in relation to immigration or asylum”.

(3) In paragraph (2)(a)(iv)—

(a) for “or behaviour which is liable to lead to a disciplinary sanction and which in either case was” substitute “which is”; and

(b) at the end insert “or”.

(4) Omit paragraph (2)(a)(v).

(5) At the end of paragraph (2)(b) insert “, or” and insert—

“(c) complaints which refer to an allegation of an infringement of Article 2 or 3 of the European Convention on Human Rights(4).”.

4.  Regulation 3 (dispensation by the Commission) and regulation 4 (local resolution of complaints) are omitted.

5.—(1) Regulation 5 (recording and reference of conduct matters)(5) is modified as follows.

(2) In paragraph (1)(c), after “Commission” insert “, arising in connection with the exercise of a specified enforcement function by an immigration officer or the exercise of a specified enforcement function by an official of the Secretary of State in relation to immigration or asylum”.

(3) In paragraph (1)(d) for “or behaviour which is liable to lead to a disciplinary sanction and which in either case was” substitute “which is”.

(4) For paragraph (1)(e) substitute—

“(e) conduct which is alleged to have infringed Article 2 or 3 of the European Convention on Human Rights.”.

6.—(1) Regulation 6 (power of Commission to impose requirements in relation to an investigation which it is supervising)(6) is modified as follows.

(2) In paragraph (1) after “17(7)” insert “and 17A”.

(3) In paragraph (3), after “available by a chief officer” insert “the Secretary of State or a chief officer, as appropriate,”.

7.—(1) Regulation 8 (appeals to the Commission: failures to notify or record a complaint) is modified as follows.

(2) In paragraph (1)—

(a) omit “a police authority or chief officer to determine who is”; and

(b) after “appropriate authority” omit “or”.

(3) In paragraph (2)(c), for “police force or police authority” substitute “appropriate authority”.

(4) In paragraph (3)(a), for “police authority or chief officer concerned” substitute “appropriate authority”.

(5) In paragraph (5), for “A police authority or chief officer” substitute “The appropriate authority”.

(6) In paragraph (7), for “police authority or chief officer concerned” substitute “appropriate authority”.

8.  Regulation 9 (appeals to the Commission: local resolution) shall be omitted.

9.—(1) Regulation 11 (manner in which duties to provide information are to be performed)(7) is modified as follows.

(2) After paragraph 7 insert—

“(7A) Before notifying a complainant or interested person of the outcome of a hearing or action further to sub-paragraph (7) the Commission shall consult the appropriate authority and shall have regard to any representations made to it.”.

10.—(1) Regulation 18 (appointment of persons to carry out investigations) is modified as follows.

(2) In paragraph (1)—

(a) for “17 or 18” substitute “17, 17A, 18, or 18A”; and

(b) omit sub-paragraph (d).

(3) Omit paragraphs (2) and (3).

11.—(1) Regulation 21 (complaints against a person who has subsequently ceased to serve with the police) is modified as follows.

(2) For the heading of this section substitute “Complaints against a person who has subsequently ceased to serve as an immigration officer or an official of the Secretary of State in a capacity relating to immigration or asylum”.

(3) For “a person serving with the police” substitute “an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum”.

(4) In regulation 24 (keeping of records)(8), in sub-paragraph (1), for “Every police authority and chief officer” substitute “The appropriate authority”.

12.—(1) Regulation 25 (register to be kept by the Commission)(9) is modified as follows.

(2) In paragraph (1), for “a police authority or chief officer” substitute “the Secretary of State”.

(3) After paragraph (3) insert—

“(4) Before disclosing information under paragraph (2) the Commission shall consult the appropriate authority, and shall have regard to any representations made by it.”.

13.  Regulations 26 (delegation of powers and duties by chief officer)(10), 28 (application to contracted-out staff) and 30 (disciplinary proceedings for police staff) are omitted.

(1)

Regulation 1 has been amended by articles 26(1) and (2) of S.I. 2005/3389.

(2)

Paragraph 2 has been amended by articles 26(1) and (2) of S.I. 2005/3389.

(3)

Regulation 2 has been amended by article 26(1) and (3) of S.I. 2005/3389; and regulation 2(1) and (2) of S.I. 2006/1406.

(4)

Convention for the Protection of Human Rights and Fundamental Freedoms, ETS No: 005.

(5)

Regulation 5 has been amended by article 26(1) and (4) of S.I. 2005/3389.

(6)

Regulation 6 has been amended by regulation 2(1) and (5) of S.I. 2006/1406.

(7)

Regulation 11 has been amended by regulation 2(1) and (7) of S.I. 2006/1406.

(8)

Regulation 24 has been amended by regulation 2(1) and (9) of S.I. 2006/1406.

(9)

Regulation 25 has been amended by section 159 of, and paragraphs 1 and 4 of Schedule 11 to, the Serious Organised Crime and Police Act 2005.

(10)

Regulation 26 has been amended by regulation 2(1) and (10) of S.I. 2006/1406.