PART 1Preliminary

Revocation and transitional and saving provisionsI12

1

Subject to the following provisions of this regulation, the following are revoked—

a

the Police (Complaints and Misconduct) Regulations 201221;

b

the Police (Complaints and Misconduct) (Old Cases) Regulations 201322;

c

the Police (Complaints and Misconduct) (Amendment) Regulations 201423;

d

the Police (Complaints and Misconduct) (Amendment) Regulations 201724, and

e

the following provisions of the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 201725

i

regulation 1 in so far as it applies to the Police (Complaints and Misconduct) Regulations 2012 (citation, commencement and interpretation);

ii

regulation 2(2) (transitional provision);

iii

Part 4 (amendment of the Police (Complaints and Misconduct) Regulations 2012);

iv

Schedule 2 (modifications to the Police (Complaints and Misconduct) Regulations 2012).

2

The Regulations and provisions mentioned in paragraph (1) continue to have effect and these Regulations do not apply where—

a

a complaint was made, or a conduct matter or DSI matter came to the attention of an appropriate authority, before 1st February 2020 (“a pre-commencement complaint”, “a pre-commencement conduct matter” or “a pre-commencement DSI matter”);

b

a complaint is made, or a conduct matter or DSI matter comes to the attention of an appropriate authority, on or after 1st February 2020 which—

i

relates to—

aa

a matter in respect of which a pre-commencement complaint was made;

bb

a pre-commencement conduct matter, or

cc

a pre-commencement DSI matter, and

ii

at the time the complaint is made, or the conduct matter or DSI matter comes to the attention of an appropriate authority, that pre-commencement complaint, pre-commencement conduct matter or pre-commencement DSI matter is being handled in accordance with Schedule 3.

3

But these Regulations, except paragraph (2), apply where the Director General—

a

determines under section 13B of the 2002 Act (power of the Director General to require a re-investigation) that a complaint, recordable conduct matter or DSI matter is to be re-investigated, or

b

makes a section 28A direction in relation to a matter on or after 1st February 2020,

regardless of when the complaint was made or the matter came to the attention of the appropriate authority.

4

The Regulations mentioned in paragraph (1) continue to have effect for the purposes of—

a

the National Crime Agency (Complaints and Misconduct) Regulations 201326, and

b

the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 201527.