1.—(1) These Regulations may be cited as the National Crime Agency (Complaints and Misconduct) Regulations 2013 and come into force on 7th October 2013.
(2) These Regulations extend to England and Wales.
2.—(1) In these Regulations—
“the 2002 Act” means the Police Reform Act 2002;
“the 2013 Act” means the Crime and Courts Act 2013(1);
“appropriate authority” means—
in relation to a person serving with the NCA, or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person—
if that person is the Director General, the Permanent Secretary to the Home Office; and
if that person is an NCA Officer, the Director General; and
in relation to a death or serious injury (DSI) matter—
if the relevant officer is the Director General, the Permanent Secretary to the Home Office; and
if the relevant officer is an NCA officer, the Director General,
but in relation to a person who has been seconded to the NCA to serve as an NCA officer under paragraph 13 of Schedule 1 to the 2013 Act—
in a case of a person serving with the police, references to the appropriate authority mean the appropriate authority as defined in section 29(1) of the 2002 Act; and
in any other case, references to the appropriate authority are references to the person who but for the secondment would have direction and control of the person who has been seconded;
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in England and Wales;
“the Commission” means the Independent Police Complaints Commission;
“complainant” shall be construed in accordance with regulation 8(2);
“complaint” has the same meaning as in regulation 8;
“conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred);
“conduct matter” has the same meaning as in regulation 8;
“death or serious injury matter” or “DSI matter” has the same meaning as in regulation 8;
“Director General” has the same meaning as in section 16 of the 2013 Act;
“disciplinary proceedings” in relation to the Director General or an NCA officer means any proceedings or management process in accordance with which the conduct of a person is considered in order to determine whether it is misconduct or gross misconduct and if so whether, as a result, any action is to be taken in relation to it;
“HMIC” means Her Majesty’s Inspectors of Constabulary;
“investigator” means a person appointed or designated to investigate under regulations 41 to 44;
“local resolution”, in relation to a complaint, means the handling of that complaint in accordance with a procedure which—
does not involve a formal investigation; and
is laid down in regulation 26 for complaints which it has been decided, in accordance with regulation 24, to subject to local resolution;
“NCA” means the National Crime Agency;
“NCA friend” means a person chosen by the person concerned in accordance with regulation 53;
“NCA officer” means—
an NCA officer appointed under paragraph 9 of Schedule 1 to the 2013 Act;
a person who has been seconded to the NCA to serve as an NCA officer under paragraph 13 of Schedule 1 to the 2013 Act; and
an NCA special;
“NCA special” has the same meaning as in paragraph 15 of Schedule 1 to the 2013 Act;
“NCA standards” means the behaviours and standards in accordance with which an NCA officer is required to comply under NCA conduct and performance policies;
“person complained against”, in relation to a complaint, means the person whose conduct is the subject-matter of the complaint;
“recordable conduct matter” means a conduct matter that is required to be recorded by the appropriate authority under regulation 28 or 29 or has been so recorded;
“relevant appeal body” means a body within the meaning of regulation 83(1);
“relevant offence” means—
an offence for which the sentence is fixed by law, or
an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates’ Courts Act 1980(3));
“relevant officer”, in relation to a DSI matter, means the Director General or an NCA officer—
who arrested the person who has died or suffered serious injury;
in whose custody that person was at the time of the death or serious injury; or
with whom that person had the contact in question,
and where there is more than one such person it means the one who so dealt with the person who died or suffered serious injury last before the death or serious injury occurred (but where it cannot be determined which of the Director General or any NCA officer who dealt with a person last before a death or serious injury occurred, the most senior of them).
“senior officer” means an NCA officer of at least Grade 1;
“serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;
“trade union” has the same meaning as in sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992(4);
“unsatisfactory performance proceedings”, in relation to the Director General or an NCA officer, means any proceedings or management process in accordance with which the performance of the Director General or an NCA officer is considered in order to determine whether it is unsatisfactory or whether, as a result, any action is to be taken in relation to it;
“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.
(2) In relation to a person who has been seconded to the NCA to serve as an NCA officer under paragraph 13 of Schedule 1 to the 2013 Act, the appropriate authority may arrange for the Permanent Secretary to the Home Office or the Director General to carry out the functions of the appropriate authority as if the person in relation to whom the complaint or other matter relates was an NCA officer otherwise than by virtue of having been seconded to the NCA under paragraph 13 of Schedule 1 to the 2013 Act.
3.—(1) Subject to paragraphs (2) and (3), the agreement made under section 26A of the 2002 Act shall cease to have effect.
(2) Paragraph (3) applies to a matter which came to the attention of the preceding appropriate authority before 7th October 2013.
(3) In relation to a matter to which this paragraph applies—
(a)nothing in these Regulations shall apply;
(b)the agreement made under section 26A of the 2002 Act shall continue to have effect in relation to that matter; and
(c)the functions of the preceding appropriate authority shall be carried out—
(i)by the Permanent Secretary to the Home Office instead of by the Chairman of the Serious Organised Crime Agency acting with at least one ordinary member, or
(ii)by the Director General instead of by the Director General of the Serious Organised Crime Agency.
(4) In this regulation—
(a)“preceding appropriate authority”, in relation to a member of the staff of the Serious Organised Crime Agency, means—
(i)if the staff member is the Director General of the Serious Organised Crime Agency or another ex-officio member, or a Deputy Director, the Chairman of the Serious Organised Crime Agency acting with at least one ordinary member, or
(ii)in any other case, the Director General of the Serious Organised Crime Agency;
(b)references to the “Serious Organised Crime Agency”, “Director General of the Serious Organised Crime Agency”, “ex-officio member”, “ordinary member”, “Deputy Director” and “Chairman of the Serious Organised Crime Agency” have the same meanings as in section 1 of and Schedule 1 to the Serious Organised Crime and Police Act 2005(5).
2005 c. 15. Paragraph 1(4) of Schedule 1 was amended by article 13 of, and paragraphs 1 and 27 of Schedule 15 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976). Paragraph 4(d) was amended by article 3(2) of, and paragraph 54(1) and (2) of Schedule 2 to, the Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404); paragraph 4(ea) was inserted by article 3(2) of, and paragraph 54(1) and (3) of Schedule 2 to, that Order.