The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

Interpretation

2.  In these Regulations—

“1984 Act” means the Police and Criminal Evidence Act 1984(1);

“the 2002 Act” means the Police Reform Act 2002;

“the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014(2);

“the 2012 Regulations” means the Police (Complaints and Misconduct) Regulations 2012(3);

“the 2013 Regulations” means the Police (Complaints and Conduct) Regulations 2013(4);

“appropriate authority” means the chief officer—

(a)

in relation to a contractor or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person; and

(b)

in relation to a death or serious injury (DSI) matter if the relevant officer is a contractor;

“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(5) in England and Wales;

“Code B” means the code of practice issued under section 66(1)(c) and (d) of the 1984 Act(6);

“Code C” means the code of practice issued under section 66(1)(b) of the 1984 Act;

“complainant” shall be construed in accordance with regulation 8(2);

“complaint” has the same meaning as in regulation 8;

“conduct matter” has the same meaning as in regulation 8;

“contractor” means a person who is—

(a)

a contractor in accordance with section 12(10) of the 2002 Act,

(b)

a sub-contractor of a person falling within (a), or

(c)

an employee of a person falling within (a) or (b);

“contractor friend” means a person chosen by the person concerned in accordance with regulation 58;

“contractor manager” means—

(a)

the person who has responsibility for the management of the provision of the services to a chief officer, or

(b)

the person—

(i)

who has direct management responsibility for the person in relation to whom there is a complaint, conduct matter or DSI matter, and

(ii)

who in the opinion of the chief officer has sufficient seniority, skills and experience to carry out this function;

“contractor standards” means the behaviours and standards in accordance with which a contractor is required to comply under the contractor’s conduct and performance policies;

“death or serious injury matter” or “DSI matter” has the same meaning as in regulation 8;

“disciplinary proceedings” in relation to the contractor means any proceedings or management process in accordance with which the conduct of a person is considered in order to determine whether it is misconduct or gross misconduct and if so whether, as a result, any action is to be taken in relation to it;

“HMIC” means Her Majesty’s Inspectors of Constabulary;

“investigator” means a person appointed or designated to investigate under regulations 42 to 45;

“person concerned” has the meaning in regulation 54;

“recordable conduct matter” means a conduct matter that is required to be recorded by the appropriate authority under regulation 29 or 30 or has been so recorded;

“relevant appeal body” means a body within the meaning of regulation 91(1);

“relevant offence” means—

(a)

an offence for which the sentence is fixed by law; or

(b)

an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates’ Courts Act 1980(7));

“relevant officer”, in relation to a DSI matter, means the contractor—

(a)

who arrested the person who has died or suffered serious injury;

(b)

in whose custody that person was at the time of the death or serious injury; or

(c)

with whom that person had the contact in question,

and where there is more than one such person it means the one who so dealt with the person who died or suffered serious injury last before the death or serious injury occurred (but where it cannot be determined which of the employees of the contractor dealt with a person last before a death or serious injury occurred, the most senior of them);

“senior officer” means a member of a police force holding a rank above that of chief superintendent;

“trade union” has the same meaning as in sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992(8);

“unsatisfactory performance proceedings” means any proceedings or management process in accordance with which the performance of the contractor is considered in order to determine whether it is unsatisfactory or whether, as a result, any action is to be taken in relation to it;

“working day” means any day other than a Saturday or Sunday or a day which is a bank holiday or public holiday in England and Wales.

(1)

1984 c. 60.

(2)

2014 c. 12.

(3)

S.I. 2012/1204 as amended by S.I. 2014/2406.

(4)

S.I. 2013/281.

(5)

1971 c. 80.

(6)

Section 66 was amended by section 57(1) and (4) of the Criminal Justice and Court Services Act 2000 (c. 43). There are other amendments which are not relevant to the provision made by these Regulations.

(7)

1980 c. 43.

(8)

1992 c. 52.