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

Amendment of the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

33.—(1) The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015(1) are amended as follows.

(2) For—

(a) “Commission” in each place where it occurs, except in regulation 1, substitute “Director General”;

(b) “Commission’s” in each place where it occurs substitute “Director General’s”;

(c) “it” in each place where it occurs and is used as a pronoun in place of “the Commission” substitute “the Director General”;

(d) “its” in each place where it occurs and is used to mean “the Commission’s” substitute “the Director General’s”.

(3) The amendments made by virtue of paragraph (2)(a), (b) and (d) do not apply to occurrences of “Commission”, “Commission’s” or “its” amended by another provision within this regulation.

(4) In regulation 2, at the appropriate places insert—

““Director General” means the Director General of the Independent Office for Police Conduct;”; and

““IOPC” means the Independent Office for Police Conduct”.

(5) In regulation 6—

(a) in paragraph (1)(a) omit “itself”;

(b) after paragraph (4) insert—

“(4A) In carrying out functions under these Regulations the Director General shall have regard to any advice provided to the Director General by the Office (see regulation 6A(1)(a))”; and

(c) in paragraph (6) for “Commission” where it first occurs substitute “IOPC”.

(6) After regulation 6 insert—

“General Functions of the IOPC under these Regulations

6A.— (1) The functions of the IOPC are—

(a) to provide support and advice to the Director General in the carrying out of the Director General’s functions under these Regulations; and

(b) to monitor and review the carrying out of such functions.

(2) The IOPC is to perform its functions under these Regulations for the general purpose of improving the way in which the Director General’s functions are carried out under these Regulations (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

(3) In carrying out its functions under these Regulations the IOPC must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

(4) The IOPC may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions under these Regulations.

Efficiency etc. in exercise of functions

6B.   The Director General and the IOPC must carry out their functions under these Regulations efficiently and effectively.”.

(7) In regulation 7—

(a) for paragraph (1) and (2) substitute—

“(1) As soon as practicable after the end of each of the IOPC’s financial years, the Director General and the IOPC shall also jointly make a report to the Secretary of State on the carrying out of their functions during that year.

(2) The Secretary of State may also require reports to be made (at any time) by the Director General about the carrying out of the Director General’s functions.”; and

(b) in paragraph (6) for “Commission” substitute “IOPC”.

(8) In regulation 9(7) for “Commission’s” substitute “IOPC’s”.

(9) In regulation 10(4) for “Commission” where it second occurs substitute “IOPC”.

(10) In regulation 12(5)(a)(i) omit “itself”.

(11) In regulation 13(5) for “its” substitute “their”.

(12) In regulation 16(3) for “it” substitute “the Director General or, as the case may be, the appropriate authority”.

(13) In regulations 22(1)(b)(iv), 30(4)(d), 33(2)(d), 81(5)(c)(iv) and (f)(iv) for “guidance by the Commission” substitute “guidance issued by the Director General”.

(14) In regulation 30 omit paragraph (12).

(15) In regulation 45—

(a) in paragraph (1) omit “itself”;

(b) for paragraph (2) substitute—

“(2) The Director General shall designate both—

(a) a person to take charge of the investigation; and

(b) such members of the IOPC’s staff as are required by the Director General to assist the person designated to take charge of the investigation.

(2A) The person designated under paragraph (2) to take charge of an investigation shall be—

(a) the Director General acting personally; or

(b) a person who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 to the 2002 Act (delegation of Director General’s functions).”;

(c) in paragraph (5) for “member of the Commission’s staff” substitute “person”; and

(d) in paragraph (6) for “member of the Commission’s staff” substitute “person designated under paragraph (2).

(16) In regulation 50(2) for “carrying out an investigation” substitute “, under paragraph 19 of Schedule 3 to the 2002 Act has designated a person to carry out, an investigation”.

(17) In regulation 53(8) for “it” substitute “the Director General or, as the case may be, the appropriate authority”.

(18) In regulation 54(1) after “the person investigating” in both places where it occurs insert “or, in the case of an investigation by a designated person under regulation 45 the Director General,”.

(19) In regulation 55(2)(a) after “the person investigating the complaint or matter” insert “or, in the case of an investigation by a designated person under regulation 45 the Director General,”.

(20) In regulation 56—

(a) in paragraph (2)—

(i) for “where an investigator wishes to interview the person concerned as part of his investigation, he shall,” substitute—

“Where the person concerned is required for interview as part of—

(a) an investigation under regulation 45, the Director General shall;

(b) an investigation under regulation 42, 43 or 44, the investigator shall;”; and

(ii) “if reasonably practicable, agree a date and time for the interview with the person concerned.” becomes full-out words; and

(b) after “investigator” in each place where it occurs except for in paragraph (1) insert “or, in the case of an investigation by a designated person under regulation 45 who is not the Director General, the Director General”.

(21) In regulation 59—

(a) in paragraph (1)(b) for “the Commission itself” substitute “a person designated under regulation 45”;

(b) for paragraph (3) substitute—

“(3) Where a contractor is required for interview as part of—

(a) an investigation under regulation 45, the Director General shall;

(b) an investigation under regulation 44, the investigator shall,

give written notice to the contractor that the interview will take place in accordance with this regulation, and if reasonably practicable, agree a date and time for the interview with the contractor.”;

(c) after “investigator” insert “or, in the case of an investigation under regulation 45 by a designated person who is not the Director General, the Director General” in the following paragraphs—

(i) (4);

(ii) (6)(b);

(iii) (8) (in the first place where it occurs); and

(iv) (12)(a); and

(d) in paragraph (8) after “investigator” in the second place where it occurs insert “or, as the case may be, the Director General”.

(22) In regulation 60(1)(b) after “regulation 72 or 75” insert “or, in the case of an investigation under regulation 45 by the Director General acting personally, a report has been completed by the Director General”.

(23) In regulation 61—

(a) in paragraph (1)—

(i) after “the person investigating a complaint or recordable conduct matter” insert “or, in the case of an investigation by a designated person under regulation 45 the Director General,”; and

(ii) after “person” where it second occurs insert “investigating”; and

(b) in paragraph (3) for “that person’s belief” substitute “the belief referred to in paragraph (1)”.

(24) In regulations 69(7) and 70(4)(b) omit “itself”.

(25) In regulation 71—

(a) in paragraph (1) omit “or designated under regulation 45”;

(b) after paragraph (2) insert—

“(2A) If during the course of an investigation of a DSI matter being carried out by a person designated under regulation 45 the Director General determines that there is an indication that a person (“the person whose conduct is in question”) may have—

(a) committed a criminal offence; or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General shall proceed under paragraph (2B).

(2B) The Director General shall—

(a) prepare a record of the determination;

(b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and

(c) send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).”; and

(c) in paragraph (5)(a), after “paragraph (2)” insert “or (2B)”.

(26) In regulation 72—

(a) in paragraph (5)—

(i) omit “itself” where it first occurs; and

(ii) for “by the Commission” where it second occurs to the end substitute—

“shall—

(a) submit a report to the Director General, or

(b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.”;

(b) in paragraph (6) after “A person submitting” insert “or, in the case of an investigation under regulation 45 by the Director General personally, completing”;

(c) in paragraph (7)(c), at the beginning insert “where the investigation was carried out under regulation 42 or 43,”;

(d) after paragraph (7) insert—

“(7A) On completion of an investigation—

(a) carried out under regulation 44 or 45; and

(b) to which regulation 55(1) applies,

where the Director General notifies the appropriate authority under regulation 73(8), the Director General shall indicate in writing to the appropriate authority the Director General’s opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.”; and

(e) in paragraph (8) after “A person who has submitted” insert “or, in the case of an investigation under regulation 45 by the Director General personally, completed”.

(27) In regulation 73—

(a) in paragraph (1)(b), before “under paragraph (5)” insert “, or is otherwise completed,”;

(b) in paragraphs (2) and (8), after “On receipt of the report” insert “, or on its completion by the Director General,”; and

(c) in paragraph (15), after “71(2)” insert “, (2A)”.

(28) In regulation 75—

(a) in paragraph (1), after “71(2)” insert “, (2A)”;

(b) after paragraph (2) insert—

“(2A) Paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under regulation 45, but the Director General shall complete a report on the investigation.”;

(c) in paragraph (3) for “this paragraph” substitute “paragraph (2) or completing one under paragraph (2A)”; and

(d) in paragraph (4), after “On receipt of the report” insert “(or on its completion by the Director General)”.

(29) In regulation 81—

(a) in paragraph (1)—

(i) after “has received a report” insert “ (or otherwise completed one in relation to an investigation carried out under regulation 45 by the Director General personally)”;

(ii) in sub-paragraph (b) for “Commission itself” substitute “, or on behalf of, the Director General”; and

(iii) in sub-paragraph (c), after “75(2)” insert “, or (2A)”; and

(b) in paragraph (4), after “the receipt” insert “, or completion,”.

(1)

S.I. 2015/431.