Police Act 1997

39 Complaints. U.K.

[F1 (1) The Secretary of State may by regulations make provision about—

(a) the handling of complaints about the conduct of members of NCIS;

(b) the recording of matters from which it appears there may have been misconduct by members of NCIS; and

(c) the investigation of such complaints and matters.]

(2) Regulations under subsection (1) [F2 may], so far as the Secretary of State thinks it desirable, make provision—

(a) for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Scotland to be procedures corresponding or similar to those established by or by virtue of sections 40 and 40A of the M1 Police (Scotland) Act 1967;

(b) for the procedures for the handling of complaints relating to anything done or omitted to be done by a person in Northern Ireland to be procedures corresponding or similar to those established by or by virtue of the [F3 Part VII of the Police (Northern Ireland) Act 1998, and for that purpose the regulations may confer additional functions on the Police Ombudsman for Northern Ireland.]

[F4 (c) for applying, with such modifications as he may think fit, any provision made by or under Part 2 of the Police Reform Act 2002 (c. 30) (complaints and misconduct).]

[F5 (2ZA) Regulations under subsection (1) may provide—

(a) for obligations under the regulations to be framed by reference to the opinions of such persons as may be specified in the regulations; and

(b) for it to be the duty of any person on whom functions are conferred by the regulations to have regard, in the carrying out of those functions, to any guidance given by such persons and in such manner as may be so specified.]

[F6 (2A) Before making regulations containing provision for the purposes mentioned in paragraph (a) of subsection (2), the Secretary of State shall obtain the consent of the Scottish Ministers.]

(3) [F7 The Secretary of State may [F8 , after consultation with the Scottish Ministers,] issue guidance to persons on whom functions are conferred by regulations under this section concerning the performance of their functions under those regulations, and they shall have regard to any such guidance in the performance of those functions.]

(4) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 39(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(1); S.I. 2002/2306, art. 2(b)(vii)

F2 Word in s. 39(2) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(2)(a); S.I. 2002/2306, art. 2(b)(vii)

F3 Words in s. 39(2)(b) substituted (21.2.2003) by 1998 c. 32, s. 74(1), 75(1), Sch. 4 para. 22(8); S.R. 2003/142, art. 3

F4 S. 39(2)(c) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(2)(b); S.I. 2002/2306, art. 2(b)(vii)

F5 S. 39(2ZA) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 25(3); S.I. 2002/2306, art. 2(b)(vii)

F6 S. 39(2A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(23)(a); S.I. 1998/3178, art. 3

F7 S. 39(3) repealed (E.W.) (1.4.2004) by Police Reform Act 2002 (c. 30), ss. 25(4), 108(2), Sch. 8; S.I. 2004/913, art. 2(a)(f)(vi)

F8 Words in s. 39(3) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 18 Pt. II para. 2(23)(b); S.I. 1998/3178, art. 3

Commencement Information

I1 S. 39 wholly in force at 31.10.1997; s. 39 not in force at Royal Assent, see s. 135; s. 39 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

Marginal Citations

M1 1967 c. 77.