The National Crime Agency (Complaints and Misconduct) Regulations 2013
PART 1
1Citation, commencement and extent
2Interpretation
3Revocation and transitional provisions
PART 2
4Application: general
5Application of the 2002 Act
6General functions of the Commission under these Regulations
7Reports to the Secretary of State
8Complaints, matters and persons to which these Regulations apply
9General duties of the Permanent Secretary, Director General and inspectors
10Payment for assistance with investigations
11Provision of information to the Commission
12Inspection of premises on behalf of the Commission
13Duty to keep the complainant informed
14Duty to provide information for other persons
15Manner in which duties to provide information are to be performed
16Exceptions to the duty to keep the complainant informed and to provide information for other persons
PART 3
17Duties to preserve evidence relating to complaints
18Initial handling and recording of complaints
19Copies of complaints etc
20Recording of complaints
21Failures to notify or record a complaint
22Reference of complaints to the Commission
23Duties of the Commission on references under regulation 22
24Handling of complaints by the appropriate authority
25Disapplication of requirements of these Regulations
26Local resolution of complaints
27Appeals relating to complaints dealt with other than by investigation
PART 4
28Conduct matters arising in civil proceedings
29Recording etc. of conduct matters in other cases
30Conduct matters not required to be recorded
31Duties to preserve evidence relating to conduct matters
32Reference of conduct matters to the Commission
33Duties of the Commission on references under regulation 28
PART 5DSI
34Duty to record DSI matters
35Duty to preserve evidence relating to DSI matters
36Reference of DSI matters to the Commission
37Duties of Commission on references under regulation 36
PART 6
38Power of the Commission to determine the form of an investigation
39Appointment of persons to carry out investigations
40Withdrawn complaints
41Investigations by the appropriate authority on its own behalf
42Investigations supervised by the Commission
43Investigations managed by the Commission
44Investigations by the Commission itself
45Combining and splitting investigations
46Relinquishing the Commission’s supervision or management of an investigation
47Circumstances in which an investigation or other procedure may be suspended
48Resumption of investigation after criminal proceedings
49Special procedure: assessment of seriousness of conduct under investigation
50Duty to consider submissions from person whose conduct is being investigated
51Interview of person whose conduct is being investigated
52Duty to provide certain information to appropriate authority
53NCA friend
54Interview of the Director General or an NCA officer during certain investigations
55Restrictions on proceedings pending the conclusion of an investigation
56Accelerated procedure in special cases
57Investigations managed or carried out by Commission: action by appropriate authority
58Investigations managed or carried out by Commission: action by Commission
59(1) On receipt of a memorandum under regulation 57(5), the...
60Other investigations: action by appropriate authority
61(1) If the appropriate authority certifies a case under regulation...
62Special cases: recommendation or direction of Commission
63(1) Where— (a) the Commission makes a recommendation under regulation...
64Power to discontinue an investigation
65Procedure where conduct matter is revealed during investigation of DSI matter
PART 7
66Final reports on investigations: complaints, conduct matters and certain DSI matters
67Action by the Commission in response to an investigation report under regulation 66
68Action by the appropriate authority in response to an investigation report under regulation 66
69Final reports on investigations: other DSI matters
70Action by the Commission in response to an investigation report under regulation 69
71Appeals with respect to an investigation
72Reviews and re-investigations following an appeal
73Duties with respect to disciplinary proceedings
74Information for complainant about disciplinary recommendations
PART 8
75Complaints or conduct matters concerning a person who has subsequently ceased to be the Director General or an NCA officer
76Complaints or conduct matters concerning a person whose identity is unascertained
77Notification of actions and decisions
78Keeping of records
79Register to be kept by the Commission
80Delegation of powers and duties by the Director General
81Manner and time limits of notifications
82Appeals
83Relevant appeal body

2013 No. 2325

National Crime Agency

The National Crime Agency (Complaints and Misconduct) Regulations 2013

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 26C(1), (2) and (7) and 105(4) and (5) of the Police Reform Act 20021.

In accordance with section 24 of the Police Reform Act 2002, the Secretary of State has consulted with the Independent Police Complaints Commission, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council, the Association of Chief Police Officers and such other persons as she thinks fit.

In accordance with section 63(3)(b) of the Police Act 19962, the Secretary of State supplied a draft of these Regulations to the Police Advisory Board of England and Wales and has taken into consideration their representations before making these Regulations.