- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
30.—(1) Where—
(a)the IPCC requires the relevant appropriate authority to allow a person nominated for the purpose by the IPCC to have access to any premises occupied by a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor and to documents and other things on those premises, and
(b)the requirement is imposed for any of the purposes mentioned in paragraph (2),
it shall be the duty of the relevant appropriate authority to secure that the required access is allowed to the nominated person.
(2) Those purposes are—
(a)the purposes of any examination by the IPCC of the efficiency and effectiveness of the arrangements made by the relevant appropriate authority for handling complaints or dealing with recordable conduct matters or DSI matters;
(b)the purposes of any investigation by the IPCC under this Part or of any investigation carried out under its supervision or management.
(3) A requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) must be notified to the relevant appropriate authority at least 48 hours before the time at which access is required.
(4) Where—
(a)a requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) requires access to any premises, document or thing to be allowed to any person, but
(b)there are reasonable grounds for not allowing that person to have the required access at the time at which that person seeks to have it,
the obligation to secure that the required access is allowed shall have effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify.
(5) The provisions of this regulation are in addition to, and without prejudice to—
(a)the rights of entry, search and seizure that are or may be conferred on—
(i)a person designated for the purposes of regulation 42 (investigations by the IPCC itself), or
(ii)any person who otherwise acts on behalf of the IPCC,
in that person’s capacity as a constable or as a person with the powers and privileges of a constable; or
(b)the obligations of the relevant appropriate authority under regulations 10 (co-operation, assistance and information) and 48 (provision of information to the IPCC).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: