The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

Citation and commencement

1.  These Regulations may be cited as the Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 and shall come into force on 25th February 2008.

Interpretation

2.—(1) In these Regulations –

“the 2002 Act” means the Police Reform Act 2002(1);

“appropriate authority” means a person nominated by the Secretary of State;

“the Commission” means the Independent Police Complaints Commission established under section 9 of the 2002 Act(2);

“Complaints Regulations” means the Police (Complaints and Misconduct) Regulations 2004(3);

“complaint” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations(4);

“conduct matter” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations;

“death and serious injury matter” and “DSI matter” have the meaning given in section 12 of the 2002 Act;

“immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002(5); and

“Staff Conduct Regulations” means the Independent Police Complaints Commission (Staff Conduct) Regulations 2004(6).

(2) In these Regulations “specified enforcement functions” means subject to paragraphs (3) and (4)—

(a) powers of entry;

(b) powers to search persons and property;

(c) powers to seize or detain property;

(d) powers to arrest persons;

(e) powers to detain persons;

(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g) powers in connection with the removal of persons from the United Kingdom.

(3) The following shall not be regarded as an enforcement function—

(i) the making of an immigration decision;

(ii) the making of any decision to grant or refuse asylum; or

(iii) the giving of any direction to remove persons from the United Kingdom.

(4) For the avoidance of doubt, references to “specified enforcement functions” include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000(7).

Conferral of functions on the Independent Police Complaints Commission

3.—(1) Subject to regulation 4,the Commission shall have functions in relation to the exercise (in, or in relation to, England and Wales) by—

(a) immigration officers of the enforcement functions specified in paragraph (2), and

(b) officials of the Secretary of State of the enforcement functions specified in paragraph (2) when carried out in relation to immigration or asylum.

(2) Subject to paragraphs (3) and (4) the enforcement functions are—

(a) powers of entry;

(b) powers to search persons and property;

(c) powers to seize or detain property;

(d) powers to arrest persons;

(e) powers to detain persons;

(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g) powers in connection with the removal of persons from the United Kingdom.

(3) The following shall not be regarded as an enforcement function—

(i) the making of an immigration decision;

(ii) the making of any decision to grant or refuse asylum; or

(iii) the giving of directions to remove persons from the United Kingdom.

(4) For the avoidance of doubt, the enforcement functions specified in paragraph (2) include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000.

4.  The Commission shall not have functions in relation to—

(a) a complaint relating to the conduct of an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum,

(b) a conduct matter relating to the conduct of an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum, or

(c) a DSI matter relating to an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum,

where the conduct or matter is alleged to have occurred before 1st April 2007.

Application of provisions of the 2002 Act with modifications

5.  For the purposes of the Commission exercising the functions conferred on it by regulation 3(1)—

(a) Part 2 of the 2002 Act (complaints and misconduct) shall apply and have effect with the modifications made by Schedule 1; and

(b) Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc) shall apply and have effect with the modifications made by Schedule 2.

Application of other provisions with modifications

6.  For the purposes of the Commission exercising the functions conferred on it by regulation 3(1)—

(a) the Complaints Regulations shall apply and have effect with the modifications made by Schedule 3;

(b) the Staff Conduct Regulations shall apply and have effect with the modifications made by Schedule 4;

(c) the Independent Police Complaints Commission (Investigatory Powers) Order 2004(8) shall apply; and

(d) the Regulation of Investigatory Powers (Communications Data) Order 2003(9) shall apply in so far as it makes provision in respect of the Commission.

Disclosure of Information

7.  Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function conferred on it by regulation 3(1) they may not disclose it except as permitted by Part 2 of the 2002 Act or the Complaints Regulations as modified by Schedule 1 and Schedule 3 respectively.

Use of Information

8.  Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function conferred on it by regulation 3(1) they may not use it for any purpose other than the performance of a function under these Regulations.

Signed by authority of the Secretary of State

Liam Byrne

Minister of State

Home Office

31st January 2008