Regulation 6(b)
1.—(1) The Staff Conduct Regulations are modified as follows.
(2) Regulation 1 (citation, commencement and interpretation), is modified as follows.
(3) For paragraph (2) substitute—
“(2) In these Regulations—
“the Commission” means the Independent Police Complaints Commission; and
“immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002.
(3) In these Regulations “specified enforcement functions” means, subject to paragraphs (4) and (5)—
(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 directions to remove persons from the United Kingdom.
(5) For the avoidance of doubt, references to “specified enforcement functions” include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000.”.
2.—(1) Regulation 2 (conduct of Commission’s staff) is modified as follows.
(2) In paragraph (3)(a)(i), 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.