The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017

Amendment of the Police (Conduct) Regulations 2012

24.—(1) The Police (Conduct) Regulations 2012(1) are amended as follows.

(2) For—

(a) “Commission” in each place where it occurs substitute “Director General”;

(b) “it” in each place where it occurs and is used as a pronoun in place of “the Commission” substitute “the Director General”.

(3) In regulation 3—

(a) omit the definition of “the Commission”; and

(b) at the appropriate place insert—

““Director General” means the Director General of the Independent Office for Police Conduct;”.

(4) In regulation 19(1)—

(a) at the end of sub-paragraph (a) omit “and”;

(b) in sub-paragraph (b)—

(i) after “submitted” insert “or, in the case of an investigation under paragraph 19 of Schedule 3 to the 2002 Act by the Director General acting personally, completed”;

(ii) “in making a determination” to “dealt with in that report” moves to the beginning of the full-out words of the paragraph; and

(c) at the end of sub-paragraph (b) insert—

“and—

(c) where the investigation was carried out under paragraph 18 or 19 of Schedule 3 to the 2002 Act, on receipt of the Director General’s opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer given under regulation 20 of the Police (Complaints and Misconduct) Regulations 2012,”.

(5) In regulation 21(1)(c)—

(a) in paragraph (i) omit “and”; and

(b) after paragraph (ii) insert—

“and

(iii) a copy of the opinion given under regulation 20 of the Police (Complaints and Misconduct) Regulations 2012.”.

(6) In regulation 27(1)(a) after “21(1)” insert “except not any given under regulation 21(1)(c)(iii)”.

(7) In Schedule 3, in paragraph 2, in the inserted regulation 4B(2)(d) and (5)(c) of the modifications, after “submitted to” insert “or, in the case of an investigation under paragraph 19 of Schedule 3 to the 2002 Act (independent investigations) carried out by the Director General personally, completed by”.

(1)

S.I. 2012/2632.