Police Act 1997

Discipline and complaints E+W

81 Discipline regulations. E+W

(1) The Secretary of State may make regulations as to the conduct of members of the National Crime Squad and the maintenance of discipline in that Squad.

(2) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the NCS Service Authority, the Director General of the National Crime Squad or other persons, or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

[F1 (2A) Without prejudice to the generality of the other powers conferred by this section, regulations under this section may make provision—

(a) for conferring a right to bring and conduct, or otherwise participate or intervene in, any disciplinary proceedings on the Independent Police Complaints Commission;

(b) for conferring a right to participate in, or to be present at, disciplinary proceedings on such persons as may be specified or described in the regulations;

(c) as to the representation of persons subject to any disciplinary proceedings; and

(d) for section 34 of the Criminal Justice and Public Order Act 1994 (c. 33)(inferences to be drawn from a failure to mention a fact when questioned or charged) to apply, with such modifications and in such cases as may be provided for in the regulations, to disciplinary proceedings.

(2B) In subsection (2A) “disciplinary proceedings” means any proceedings under any regulations made under subsection (1) which are identified as disciplinary proceedings by those regulations.]

(3) 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. 81(2A)(2B) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 89(2); S.I. 2002/2306, art. 2(f)(iv)

Commencement Information

I1 S. 81 wholly in force at 31.10.1997; s. 81 not in force at Royal Assent, see s. 135; s. 81 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))

82 Appeals. E+W

(1) Where the Director General of the National Crime Squad, or a police member to whom section 55(2)(a) applies, is dismissed [F2 , required to resign or reduced in rank] by a decision taken under or by virtue of regulations made under section 81, he may appeal to an appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed [F2 , required to resign or reduced in rank] .

(2) Section 85(2) to (5) of, and Schedule 6 to, the M1 Police Act 1996 (police appeals tribunals) shall apply, subject to such modifications as the Secretary of State may by order prescribe, in relation to an appeals tribunal and an appeal under subsection (1) above as they apply in relation to a police appeals tribunal and an appeal under section 85(1) of that Act.

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

Textual Amendments

F2 Words in s. 82(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 89(3); S.I. 2002/2306, art. 2(f)(iv)

Commencement Information

I2 S. 82 wholly in force at 1.4.1998; s. 82 not in force at Royal Assent, see s. 135; s. 82 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)); s. 82 otherwise in force at 1.4.1998 by S.I. 1998/354, art. 2

Marginal Citations

M1 1996 c. 16.

83 Complaints. E+W

[F3 (1) The Secretary of State may by regulations make provision about—

(a) the handling of complaints about the conduct of members of National Crime Squad;

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

(c) the investigation of such complaints and matters.

(2) Regulations under this section may make such provision as the Secretary of State thinks desirable for applying, with such modifications as he thinks fit, any provision made by or under Part 2 of the Police Reform Act 2002 (c. 30) (complaints and misconduct).

(2A) Regulations under this section 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.]

(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

F3 S. 83(1)-(2A) substituted (1.10.2002) for s. 83(1)-(3) by Police Reform Act 2002 (c. 30), s. 25(5); S.I. 2002/2306, s. 2(b)(vii)

Commencement Information

I3 S. 83 wholly in force at 31.10.1997; s. 83 not in force at Royal Assent, see s. 135; s. 83 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))

84 Information as to the manner of dealing with complaints etc. E+W

The NCS Service Authority in carrying out its duty under section 49(1), and the inspectors of constabulary in carrying out their duties with respect to the efficiency and effectiveness of the National Crime Squad, shall keep themselves informed as to the operation of procedures established under section 83.