The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017

PART 4 Amendment of the Complaints and Misconduct Regulations

Amendment of the Complaints and Misconduct Regulations

26.  The Complaints and Misconduct Regulations are amended in accordance with this Part.

Amendment of regulation 1 (citation, commencement and interpretation)

27.  In regulation 1(2)—

(a) in the definition of “the Conduct Regulations”, for “2008” substitute “2012”;

(b) after that definition insert the following definition—

““designated police volunteer” means a person designated as a community support volunteer or a policing support volunteer under section 38(1A) of the 2002 Act(1);”;

(c) in the definition of “the Performance Regulations”, for “2008” substitute “2012”;

(d) after that definition insert the following definition—

““police barred list” means the list referred to in section 88B(2) of the Police Act 1996;”.

Amendment of regulation 16 (written notices)

28.  In regulation 16(1) after sub-paragraph (e) insert—

“(ea) that if he is dismissed at misconduct proceedings, his full name and a description of the conduct which led to his dismissal will be added to the police barred list and may be subject to publication for a period of up to five years;”.

Amendment of regulation 17 (police friend)

29.  In regulation 17(2)—

(a) after “police staff member”, in the first place where it appears, insert “or designated police volunteer”;

(b) in sub-paragraph (b), after “police staff member’s companion” insert “or designated police volunteer’s companion, as the case may be,”;

(c) in sub-paragraph (e), for “a police staff member” substitute “the police staff member or designated police volunteer, as the case may be,”.

Amendment of regulation 24 (appointment of persons to carry out investigations)

30.  In regulation 24(4), for “and a police staff member serving in that force” substitute “, a police staff member serving in that force and a designated police volunteer serving in that force”.

Substitution of regulation 27 (complaints or conduct matters concerning a person who has subsequently ceased to serve with the police)

31.  For regulation 27 substitute—

“Complaints and conduct matters relating to the conduct of a person who has ceased to be a person serving with the police

27.   Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct, the provisions of Part 2 (complaints and misconduct) of the 2002 Act and these Regulations apply—

(a) as if the person were still serving in the position in which he last served; and

(b) with the modifications to Part 2 of the 2002 Act and to these Regulations set out in Parts 1 and 2 of the Schedule respectively.”.

Amendment of regulation 36 (disciplinary proceedings for police staff)

32.  In regulation 36(2) in the heading after “police staff” insert “and designated police volunteers”.

New Schedule

33.  Insert the Schedule which is set out in Schedule 2 to these Regulations.

(1)

Subsection (1A) was inserted by section 38(2) of the Policing and Crime Act 2017.

(2)

Regulation 36 has been amended but the amendments are not relevant to these Regulations.