Police Reform Act 2002

[F1 The Independent Office for Police Conduct] U.K.

Textual Amendments

F1 S. 9 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 16; S.I. 2017/1249, reg. 2 (with reg. 3)

9 [F2 The Independent Office for Police Conduct] U.K.

[F3 (1) The body corporate previously known as the Independent Police Complaints Commission—

(a) is to continue to exist, and

(b) is to be known instead as the Independent Office for Police Conduct.]

[F4 (2) The Office is to consist of—

(a) a Director General appointed by Her Majesty, and

(b) at least six other members.

(2A) The other members must consist of—

(a) persons appointed as non-executive members (see paragraph 1A of Schedule 2), and

(b) persons appointed as employee members (see paragraph 1B of that Schedule),

but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.]

(3) A person shall not be appointed as the [F5 Director General] F6 ... if—

(a) he holds or has held office as a constable in any part of the United Kingdom;

(b) he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;

(c) he is a person in relation to whom a designation under section 39 is or has been in force;

(d) he is a person in relation to whom an accreditation under section 41 [F7 or 41A] is or has been in force;

[F8 (da) he F9 ... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;]

[F10 (db) he F11 ... has been—

(i) the chairman or chief executive of, or

(ii) another member of, or

(iii) another member of the staff of,

the National Policing Improvement Agency;]

[F12 (dc) the person is, or has been, a National Crime Agency officer;]

(e) he F13 . . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or

(f) he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—

(i) section 26 of this Act; or

(ii) section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).

(4) An appointment made in contravention of subsection (3) shall have no effect.

(5) [F14 Neither the Office nor the Director General shall—]

(a) be regarded as the servant or agent of the Crown; or

(b) enjoy any status, privilege or immunity of the Crown;

and the [F15 Office's] property shall not be regarded as property of, or property held on behalf of, the Crown.

(6) Schedule 2 (which makes further provision in relation to the [F16 Office]) shall have effect.

(7) The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.

Textual Amendments

F2 S. 9 heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(3), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F3 S. 9(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(4), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F4 S. 9(2)(2A) substituted for s. 9(2) (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 6; S.I. 2017/1249, reg. 2 (with reg. 3)

F5 Words in s. 9(3) substituted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(6)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 6; S.I. 2017/1249, reg. 2 (with reg. 3)

F6 Words in s. 9(3) omitted (31.1.2017 for specified purposes, 3.4.2017 for specified purposes, 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 33(6)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 6; S.I. 2017/1249, reg. 2 (with reg. 3)

F7 Words in s. 9(3)(d) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 40; S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)

F8 S. 9(3)(da) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 2(a); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F9 Words in s. 9(3)(da) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 153(1)(a); S.I. 2013/1682, art. 3(v)

F10 S. 9(3)(db) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 81; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F11 Words in s. 9(3)(db) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 153(1)(b); S.I. 2013/1682, art. 3(v)

F12 S. 9(3)(dc) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 153(1)(c); S.I. 2013/1682, art. 3(v)

F13 Words in s. 9(3)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 2(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F14 Words in s. 9(5) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(7)(a), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F15 Word in s. 9(5) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(7)(b), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F16 Word in s. 9(6) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 33(8), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

C1 Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by 2009 c. 20, s. 107EE(4) (as inserted by Policing and Crime Act 2017 (c. 3), ss. 8(2), 183(1)(5)(e); S.I. 2017/726, reg. 2(a))

C2 Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by 2004 c. 21, s. 4K(2)(4) (as inserted by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38)

C3 S. 9 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1

C4 S. 9 applied (with modifications) (5.8.2009) by The UK Border Agency (Complaints and Misconduct) Regulations 2009 (S.I. 2009/2133), reg. 4

C5 S. 9 applied (with modifications) (7.4.2010) by The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782), reg. 4

C6 S. 9 applied (with modifications) (5.8.2010) by The Revenue and Customs (Complaints and Misconduct) Regulations 2010 (S.I. 2010/1813), reg. 5 (with reg. 11)

C7 S. 9 applied (with modifications) (7.10.2013) by The National Crime Agency (Complaints and Misconduct) Regulations 2013 (S.I. 2013/2325), regs. 1(1), 5

C8 S. 9 applied (with modifications) (30.4.2017) by The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017 (S.I. 2017/521), regs. 1, 5

Commencement Information

I1 S. 9 wholly in force at 1.4.2003; s. 9 not in force at Royal Assent, see s. 108(2); s. 9(2)-(4)(6) in force for certain purposes at 1.10.2002 by S.I. 2002/2306,{art. 2(b)(i)}; s. 9 in force in so far as not already in force at 1.4.2003 by S.I. 2003/808, art. 2(a)

10 General functions of the [F17 Director General] U.K.

(1) The functions of the [F17 Director General] shall be—

(a) to secure the maintenance by the [F17 Director General] F18 ..., and by [F19 local policing bodies] and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2);

(b) to keep under review all arrangements maintained with respect to those matters;

(c) to secure that arrangements maintained with respect to those matters comply with the requirements of the following provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;

(d) to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;

(e) to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, and also of police practice in relation to other matters, as appear, from the carrying out by the [F17 Director General] of [F20 the Director General's] other functions, to be necessary or desirable; F21 . . .

(f) to such extent as [F22 the Director General] may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F23 . . . bodies of constables maintained otherwise than by [F24 local policing bodies] which broadly correspond to those conferred on the [F17 Director General] in relation to police forces by the preceding paragraphs of this subsection[F25 ; F26 . . .

(g) to carry out functions in relation to the [F27 National Crime Agency] which correspond to those conferred on the [F17 Director General] in relation to police forces by paragraph (e) of this subsection][F28 ; and

[F29 (ga) to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers))][F30 ; and

(gb) to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of—

(i) section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(ii) section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).]

F31 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Those matters are—

(a) the handling of complaints [F32 (within the meaning given by section 12)] [F33 or other concerns raised by virtue of Part 2B (whistle-blowing)];

(b) the recording of matters from which it appears that there may have been conduct by [F34 persons serving with the police] which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

[F35 (ba) the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;]

(c) the manner in which any such complaints [F36 or other concerns] or any such matters as are mentioned in paragraph (b) [F37 or (ba)] are investigated or otherwise handled and dealt with.

(3) The [F17 Director General] shall also have the functions which are conferred on [F38 the Director General] by—

(a) F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any agreement or order under section 26 of this Act (other bodies of constables);

[F40 (bc) any regulations under section 26C of this Act (the National Crime Agency);]

[F41 (bd) any regulations under section 26D of this Act (labour abuse prevention officers);]

[F42 (be) any regulations under section 26E of this Act (food crime officers);]

(c) any regulations under section 39 of this Act (police powers for contracted-out staff); or

(d) any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of F43 . . . any body of constables maintained otherwise than by a [F44 local policing body].

[F45 (3A) The [F17 Director General] also has any functions conferred on [F46 the Director General] by regulations under section 29C of this Act (regulations about super-complaints).]

[F47 (3B) The [F17 Director General] also has the functions which are conferred on [F48 the Director General] by Part 2B (whistle-blowing).]

(4) It shall be the duty of the [F17 Director General]—

(a) to exercise the powers and perform the duties conferred on [F49 the Director General] by the following provisions of this Part in the manner that [F49 the Director General] considers best calculated for the purpose of securing the proper carrying out of [F50 the Director General's] functions under subsections (1) and (3); and

(b) to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the [F17 Director General] has functions.

(5) It shall also be the duty of the [F17 Director General]—

(a) to enter into arrangements with the chief inspector of constabulary for the purpose of securing co-operation, in the carrying out of their respective functions, between the [F17 Director General] and the inspectors of constabulary; and

(b) to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the [F17 Director General] to be appropriate, for facilitating the carrying out by those inspectors of their functions.

[F51 (5A) In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).]

(6) Subject to the other provisions of this Part, the [F17 Director General] may do anything which appears to [F52 the Director General] to be calculated to facilitate, or is incidental or conducive to, the carrying out of [F53 the Director General's] functions.

(7) The [F54 Office] may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—

(a) [F55 the Director General's] function under subsection (1)(e), F56 . . .

(b) any corresponding function conferred on [F57 the Director General] by virtue of subsection (1)(f), [F58 or

(c) [F55 the Director General's] function under subsection (1)(g) [F59 or (h)],]

impose any such charge on that person for anything done by the [F17 Director General] for the purposes of, or in connection with, the carrying out of that function as [F57 the Director General] thinks fit.

F60 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in s. 10 substituted in part (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(2), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F18 Word in s. 10(1)(a) omitted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F19 Words in s. 10(1)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 278(2); S.I. 2011/3019, art. 3, Sch. 1

F20 Words in s. 10(1)(e) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(3); S.I. 2017/1249, reg. 2 (with reg. 3)

F21 Word in s. 10(1)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F22 Words in s. 10(1)(f) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(4); S.I. 2017/1249, reg. 2 (with reg. 3)

F23 Words in s. 10(1)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(2)(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F24 Words in s. 10(1)(f) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 278(2); S.I. 2011/3019, art. 3, Sch. 1

F25 S. 10(1)(g) and preceding word inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(2)(c); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F26 Word in s. 10(1) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)

F27 Words in s. 10(1)(g) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 9(2)(a); S.I. 2013/1682, art. 3(q)

F28 S. 10(1)(h) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F29 S. 10(1)(ga) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 11(a); S.I. 2016/603, reg. 3(u)

F30 S. 10(1)(gb) and word inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 54(4)(a)(i), 208(5)(f) (with s. 54(5)-(10))

F31 S. 10(1)(h) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 9(2)(b); S.I. 2013/1682, art. 3(q)

F32 Words in s. 10(2)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e), Sch. 4 para. 2(a); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F33 Words in s. 10(2)(a) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 34(3)(a), 183(1)(5)(e)

F34 Words in s. 10(2)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e), Sch. 4 para. 2(b); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F35 S. 10(2)(ba) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 2(2); S.I. 2005/1521, art. 3(1)(w)

F36 Words in s. 10(2)(c) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 34(3)(b), 183(1)(5)(e)

F37 Words in s. 10(2)(c) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 2(3); S.I. 2005/1521, art. 3(1)(w)

F38 Words in s. 10(3) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(5); S.I. 2017/1249, reg. 2 (with reg. 3)

F39 S. 10(3)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(3)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F40 S. 10(3)(bc) substituted for s. 10(3)(ba)(bb) (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 9(3); S.I. 2013/1682, art. 3(q)

F41 S. 10(3)(bd) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 11(b); S.I. 2016/603, reg. 3(u)

F42 S. 10(3)(be) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 54(4)(a)(ii), 208(5)(f) (with s. 54(5)-(10))

F43 Words in s. 10(3)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(3)(c), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F44 Words in s. 10(3)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 278(3); S.I. 2011/3019, art. 3, Sch. 1

F45 S. 10(3A) inserted (31.1.2017 for specified purposes, 16.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 27(2), 183(1)(5)(e); S.I. 2018/456, reg. 3(c)

F46 Words in s. 10(3A) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(6); S.I. 2017/1249, reg. 2 (with reg. 3)

F47 S. 10(3B) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 28(3), 183(1)(5)(e)

F48 Words in s. 10(3B) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(7); S.I. 2017/1249, reg. 2 (with reg. 3)

F49 Words in s. 10(4)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(8)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F50 Words in s. 10(4)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(8)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F51 S. 10(5A) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(4), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F52 Words in s. 10(6) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(9)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F53 Words in s. 10(6) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(9)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F54 Word in s. 10(7) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(5), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

F55 Words in s. 10(7) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(10)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F56 Word in s. 10(7)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))

F57 Words in s. 10(7) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 17(10)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F58 S. 10(7)(c) and preceding word inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(4); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F59 Words in s. 10(7)(c) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F60 S. 10(8) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 6(a); S.I. 2012/2892, art. 2(g) (with art. 6)

F61 S. 10(9) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 9(4); S.I. 2013/1682, art. 3(q)

Modifications etc. (not altering text)

C9 Pt. 2 applied (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(3)

C10 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 52

C11 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(1), Sch. 2

C12 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(1)(2)

C13 Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(2)

C14 S. 10 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1

C15 S. 10(7) applied (with modifications) (16.1.2012) by The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 (S.I. 2012/62), regs. 1, 3(5) (with reg. 3(6))

[F62 10A General functions of the Office U.K.

(1) The functions of the Office are—

(a) to secure that the Office has in place appropriate arrangements for good governance and financial management,

(b) to determine and promote the strategic aims and values of the Office,

(c) to provide support and advice to the Director General in the carrying out of the Director General's functions, and

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

(2) The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).

(3) The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

(4) In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

(5) The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.

Textual Amendments

F62 Ss. 10A-10D inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(6), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

10B Efficiency etc in exercise of functions U.K.

The Director General and the Office must carry out their functions efficiently and effectively.

Textual Amendments

F62 Ss. 10A-10D inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(6), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

10C Strategy for exercise of functions U.K.

(1) The Director General and the Office must jointly—

(a) prepare a strategy for the carrying out of their functions, and

(b) review the strategy (and revise it as appropriate) at least once every 12 months.

(2) The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.

(3) The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office.

(4) The Director General and the Office must each give effect to the strategy in carrying out their functions.

(5) The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect).

(6) In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.

Textual Amendments

F62 Ss. 10A-10D inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(6), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

10D Code of practice U.K.

(1) The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.

(2) In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions.

(3) The code must include provision as to the following—

(a) how the strategy required by section 10C is to be prepared, reviewed and revised;

(b) the matters to be covered by the strategy and the periods to be covered by it from time to time;

(c) how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office;

(d) the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General;

(e) the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so;

(f) how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2).

(4) The Code may include whatever other provision the Director General and the Office think appropriate.

(5) The Director General and the Office must jointly review the code regularly and revise it as appropriate.

(6) The Director General and the Office must each comply with the code.

(7) The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).]

Textual Amendments

F62 Ss. 10A-10D inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 34(6), 183(1)(5)(e); S.I. 2017/1249, reg. 2 (with reg. 3)

11 Reports to the Secretary of State U.K.

(1) As soon as practicable after the end of each of [F63 the Office's] financial years, the [F64 Director General and the Office must jointly] make a report to the Secretary of State on the carrying out of [F65 their] functions during that year.

[F66 (2) The Secretary of State may also require reports to be made (at any time)—

(a) by the Director General about the carrying out of the Director General's functions,

(b) by the Office about the carrying out of the Office's functions, or

(c) jointly by the Director General and the Office about the carrying out of their functions.]

[F67 (2A) The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which—

(a) have come to the Director General's notice, and

(b) are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.]

(3) The [F68 Office] may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—

(a) have come to the [F69 Office's] notice; and

(b) are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.

[F70 (3A) The Director General and the Office may jointly make reports under subsections (2A) and (3).]

(4) The [F71 Director General] shall prepare such reports containing advice and recommendations as [F72 the Director General] thinks appropriate for the purpose of carrying out—

(a) [F73 the Director General's] function under subsection (1)(e) of section 10; or

(b) any corresponding function conferred on [F72 the Director General] by virtue of subsection (1)(f) of that section.

(5) Where the Secretary of State receives any report under this section, he shall—

(a) in the case of every annual report under subsection (1), and

(b) in the case of any other report, if and to the extent that he considers it appropriate to do so,

lay a copy of the report before Parliament and cause the report to be published.

(6) The [F74 Office] shall send a copy of every annual report under subsection (1)—

(a) to every [F75 local policing body];

F76 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section[F78 ; and

F79 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F80 (f) to the National Crime Agency.]

[F81 (6A) The Director General must send a copy of every report under subsection (2A) —

(a) to any local policing body that appears to the Director General to be concerned, and

(b) to the chief officer of police of any police force that appears to the Director General to be concerned.]

(7) The [F82 Office] shall send a copy of every report under subsection (3)—

(a) to any [F83 local policing body] that appears to the [F82 Office] to be concerned; and

(b) to the chief officer of police of any police force that appears to it to be concerned.

[F84 (8) Where a report under subsection [F85 (2A) or] (3) relates to the [F86 National Crime Agency], the [F87 Director General or the Office (as the case may be)] shall send a copy of that report to the Agency.]

(9) Where a report under subsection [F88 (2A) or] (3) relates to a body of constables maintained by an authority other than a [F89 local policing body], the [F90 Director General or the Office (as the case may be)] shall send a copy of that report—

(a) to that authority; and

(b) to the person having the direction and control of that body of constables.

F91 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The [F92 Director General] shall send a copy of every report under subsection (4)to—

(a) the Secretary of State;

(b) every [F93 local policing body];

(c) every chief officer;

F94 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; F96 . . .

(g) every person who has the direction and control of such a body of constables[F97 ; F98 ...

F99 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .][F100 ; and

(i) the National Crime Agency.]

(11) The [F101 Director General] shall send a copy of every report made or prepared by [F102 the Director General] under subsection [F103 (2A)] or (4) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or

(b) appear to the [F101 Director General] otherwise to have a particular interest in its contents,

as the [F101 Director General] thinks fit.

[F104 (12) The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or

(b) appear to the Office otherwise to have a particular interest in its contents,

as the Office thinks fit.

(13) Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.]

Textual Amendments

F63 Words in s. 11(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(2)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F64 Words in s. 11(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(2)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F65 Word in s. 11(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(2)(c); S.I. 2017/1249, reg. 2 (with reg. 3)

F66 S. 11(2) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), 183(1)(5)(e), Sch. 9 para. 18(3); S.I. 2017/1249, reg. 2 (with reg. 3)

F67 S. 11(2A) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(4); S.I. 2017/1249, reg. 2 (with reg. 3)

F68 Word in s. 11(3) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(5)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F69 Word in s. 11(3) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(5)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F70 S. 11(3A) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(6); S.I. 2017/1249, reg. 2 (with reg. 3)

F71 Words in s. 11(4) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(7)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F72 Words in s. 11(4) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(7)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F73 Words in s. 11(4) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(7)(c); S.I. 2017/1249, reg. 2 (with reg. 3)

F74 Word in s. 11(6) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(8); S.I. 2017/1249, reg. 2 (with reg. 3)

F75 Words in s. 11(6)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 279; S.I. 2011/3019, art. 3, Sch. 1

F76 S. 11(6)(b) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(2)(a); S.I. 2013/1682, art. 3(q)

F77 S. 11(6)(c) omitted (1.4.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 4(2); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F78 S. 11(6)(e) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 83(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F79 S. 11(6)(e) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(2)(a); S.I. 2013/1682, art. 3(q)

F80 S. 11(6)(f) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(2)(b); S.I. 2013/1682, art. 3(q)

F81 S. 11(6A) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(9); S.I. 2017/1249, reg. 2 (with reg. 3)

F82 Word in s. 11(7) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(10); S.I. 2017/1249, reg. 2 (with reg. 3)

F83 Words in s. 11(7)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 279; S.I. 2011/3019, art. 3, Sch. 1

F84 S. 11(8) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 4(3); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F85 Words in s. 11(8) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(11)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F86 Words in s. 11(8) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(3); S.I. 2013/1682, art. 3(q)

F87 Words in s. 11(8) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(11)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F88 Words in s. 11(9) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(12)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F89 Words in s. 11(9) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 279; S.I. 2011/3019, art. 3, Sch. 1

F90 Words in s. 11(9) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(12)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F91 S. 11(9A) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(4); S.I. 2013/1682, art. 3(q)

F92 Words in s. 11(10) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(13); S.I. 2017/1249, reg. 2 (with reg. 3)

F93 Words in s. 11(10)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 279; S.I. 2011/3019, art. 3, Sch. 1

F94 S. 11(10)(d) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(5)(a); S.I. 2013/1682, art. 3(q)

F95 S. 11(10)(e) omitted (1.4.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 4(4); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F96 Words in s. 11(6)(10) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)

F97 S. 11(10)(h) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 83(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F98 Word in s. 11(10)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(5)(b); S.I. 2013/1682, art. 3(q)

F99 S. 11(10)(h) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(5)(a); S.I. 2013/1682, art. 3(q)

F100 S. 11(10)(i) and preceding word inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 10(5)(c); S.I. 2013/1682, art. 3(q)

F101 Words in s. 11(11) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(14)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F102 Words in s. 11(11) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(14)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F103 Word in s. 11(11) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(14)(c); S.I. 2017/1249, reg. 2 (with reg. 3)

F104 S. 11(12)(13) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 18(15); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

C16 S. 11 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1