The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation, mainly consequential to amendments to the Police Reform Act 2002 made by the Policing and Crime Act 2017.

The amendments made by regulations 23(7) and (8), 27(2), 33(20), (21)(b) and (c) and (26)(c) and (d) transfer responsibility for certain actions (in certain circumstances) from the person carrying out an investigation into a complaint or matter to the Director General of the Independent Office for Police Conduct.

Regulation 23(9) adds a requirement into regulation 20 of the Police (Complaints and Misconduct) Regulations 2012 that the Director General provide an opinion as to whether or not there is a case to answer in respect of misconduct or gross misconduct.

In regulation 24, paragraphs (4), (5) and (6) make amendments to the Police (Conduct) Regulations 2012 consequential to the amendment made to regulation 23(9) above.

Regulation 36(12) corrects an error in 23(3) of the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017 to provide that the Chief Executive must determine whether or not the complaint is suitable for being subjected to local resolution.

Part 3 makes transitional provisions.

Regulation 37(1) and (2) provide that actions by, and in relation to, the Commission, or any other person, carried out before, or ongoing at the time of, the commencement of the relevant provisions of the Policing and Crime Act 2017 which following commencement will be carried out by, or in relation to the Director General of the Independent Office for Police Conduct are treated as having been carried out by, or in relation to, the Director General.

Regulation 37(3) provides that various references to the Commission, or another person from whom functions have been transferred to the Director General, are, for the purposes of regulation 38(1) and (2) to be read as references to the Director General.

Regulation 37(4) provides that where, at the time of commencement anything is in the process of being done by, or in relation to, the Commission which after commencement will be done by the Office and the Director General jointly, it can continue to be done by, or in relation to, the Office and Director General.

Regulation 38 provides that where a person is designated to carry out an investigation under the provisions specified in paragraph (2) of that regulation before commencement, that person is to be treated as having been designated by the Director General under that provision as it reads after commencement.