The Police (Performance) (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Police (Performance) Regulations 2012 (“the 2012 Regulations”) to give effect to section 138 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).

Section 138 of the 2014 Act amends paragraphs 24C and 27 of Schedule 3 to the Police Reform Act 2002 (“the 2002 Act”) to make provision enabling the Independent Police Complaints Commission (“the Commission”) to recommend and direct unsatisfactory performance procedures in relation to a death or serious injury matter. This reflects the Commission’s existing powers to recommend and direct unsatisfactory performance procedures in complaint and conduct matters.

The 2012 Regulations set out a detailed procedure for dealing with unsatisfactory performance or attendance by police officers of the rank of chief superintendent or below. The procedure is in three stages with a meeting held at each stage to consider the officer’s performance or attendance. The failure by an officer to improve his or her performance or attendance may culminate in the officer being required to attend a third stage meeting (this may also arise without a prior first or second stage meeting if it is considered that the officer’s performance constitutes gross incompetence). The third stage meeting may result in dismissal, reduction in rank, the issuing or extension of a final written improvement notice or redeployment to alternative duties.

The framework set out in the 2012 Regulations includes provision:

(a) that the completion of an investigation by or under the oversight of the Commission under the 2002 Act triggers a requirement that an officer attend a first, second or third stage meeting;

(b) that a recommendation or direction by the Commission under its powers in the 2002 Act results in a requirement that an officer attend a third stage meeting; and

(c) for the Commission’s participation at a third stage meeting.

These Regulations amend the 2012 Regulations to the effect that the existing provision for the Commission’s role in the unsatisfactory performance or attendance framework applies in relation to its new powers in paragraphs 24C and 27 of Schedule 3 to the 2002 Act to recommend and direct unsatisfactory performance procedures in relation to a death or serious injury matter as it already applies in relation to its existing powers under that Act to recommend and direct unsatisfactory performance procedures in complaint and conduct matters.

An impact assessment has not been prepared for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.