is to continue to exist, and

is to be known instead as the Independent Office for Police Conduct.

a Director General appointed by Her Majesty, and

at least six other members.

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

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

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

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;

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

he is a person in relation to whom an accreditation under section 41 F7or 41A is or has been in force;

he F9... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;

the person is, or has been, a National Crime Agency officer;

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

be regarded as the servant or agent of the Crown; or

enjoy any status, privilege or immunity of the Crown;

to secure the maintenance by the F17Director General F18..., and by F19local policing bodies and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2);

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

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;

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;

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 F17Director General of F20the Director General's other functions, to be necessary or desirable; F21. . .

to such extent as F22the 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 F24local policing bodies which broadly correspond to those conferred on the F17Director General in relation to police forces by the preceding paragraphs of this subsectionF25; F26. . .

to carry out functions in relation to the F27National Crime Agency which correspond to those conferred on the F17Director General in relation to police forces by paragraph (e) of this subsectionF28; and

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)).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the handling of complaints F31(within the meaning given by section 12) F32or other concerns raised by virtue of Part 2B (whistle-blowing);

the recording of matters from which it appears that there may have been conduct by F33persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

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;

the manner in which any such complaints F35or other concerns or any such matters as are mentioned in paragraph (b) F36or (ba) are investigated or otherwise handled and dealt with.

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of F41. . . any body of constables maintained otherwise than by a F42local policing body.

to exercise the powers and perform the duties conferred on F47the Director General by the following provisions of this Part in the manner that F47the Director General considers best calculated for the purpose of securing the proper carrying out of F48the Director General's functions under subsections (1) and (3); and

to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the F17Director General has functions.

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 F17Director General and the inspectors of constabulary; and

to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the F17Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.

F53the Director General's function under subsection (1)(e), F54. . .

any corresponding function conferred on F55the Director General by virtue of subsection (1)(f), F56or

F53the Director General's function under subsection (1)(g) F57or (h),

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

to determine and promote the strategic aims and values of the Office,

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

to monitor and review the carrying out of such functions.

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

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

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

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

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

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;

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;

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

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

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

jointly by the Director General and the Office about the carrying out of their functions.

have come to the Director General's notice, and

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.

have come to the F67Office's notice; and

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

F71the Director General's function under subsection (1)(e) of section 10; or

any corresponding function conferred on F70the Director General by virtue of subsection (1)(f) of that section.

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

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

to every F73local policing body;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 sectionF76; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to the National Crime Agency.

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

to the chief officer of police of any police force that appears to the Director General to be concerned.

to any F81local policing body that appears to the F80Office to be concerned; and

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

to that authority; and

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

the Secretary of State;

every F91local policing body;

every chief officer;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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; F94. . .

every person who has the direction and control of such a body of constablesF95; F96...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F98; and

the National Crime Agency.

are referred to in the report, or

appear to the F99Director General otherwise to have a particular interest in its contents,

are referred to in the report, or

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

where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B);

in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed.

a person who claims to be the person in relation to whom the conduct took place;

a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or

a person who claims to have witnessed the conduct.

committed a criminal offence; or

behaved in a manner which would justify the bringing of disciplinary proceedings.

in or in consequence of which a person has died or has sustained serious injury; and

in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.

had been arrested by a person serving with the police and had not been released from that arrest; or

was otherwise detained in the custody of a person serving with the police.

at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and

there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.

it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that he was able to see or hear the conduct or its effects; or

the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect.

he acquired his knowledge of that conduct in a manner which would make him a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or

he has in his possession or under his control anything which would in any such proceedings constitute admissible evidence of that conduct.

that other person is for the time being designated for the purposes of this Part by the F112Director General as a person through whom complaints may be made, or he is of a description of persons so designated; or

the other person has been given, and is able to produce, the written consent to his so acting of the person on whose behalf he acts.

he is a member of a police force;

he is a civilian employee of a police force;

he is an employee of F114the Common Council of the City of London who is under the direction and control of a chief officer; F115...

he is a special constable who is under the direction and control of a chief officerF116; or

he is a person designated as a community support volunteer or a policing support volunteer under section 38.

a contractor,

a sub-contractor of a contractor, or

an employee of a contractor or a sub-contractor,

paragraph 2(6) to (6D) of Schedule 3, and

paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.

section 20, and

section 21 in so far as that section relates to complaints.

the functions of the chief officer to which the notice relates become functions of the local policing body,

references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and

for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.

the steps that a local policing body must take before giving a notice;

the circumstances in which a notice may be withdrawn.

a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the F125Director General has been submitted to F126the Director General under paragraph 22(3) or 24A of Schedule 3, or

a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the F125Director General has been submitted to F126the Director General F127(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General) under paragraph 22(5) or 24A of Schedule 3.

the F125Director General determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the F125Director General, and

at any time after that the F125Director General determines that subsection (4) applies in relation to the re-investigation,

every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21;

where the determination is made in relation to a complaint, the complainant;

the person to whose conduct the re-investigation will relate.

every F136local policing body maintaining a police force,

the chief officer of police of every police force, and

every inspector of constabulary carrying out any of his functions in relation to a police force,

matters with respect to which any provision of this Part has effect;

anything which is done under or for the purposes of any such provision; and

any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.

an obligation to act or refrain from acting has arisen by or under this Part,

that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and

the chief officer has not yet complied with that obligation, or has contravened it.

a F141local policing body maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16F142... or 18 of Schedule 3,

the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or

a F144local policing body or chief officer requires the Director General of the F145National Crime Agency to provide a F146National Crime Agency officer for appointment under any of those paragraphs,

every F149local policing body maintaining a police force,

the chief officer of police of every police force, F150 and

the F152National Crime Agency,

every F156local policing body maintaining a police force,

the chief officer of every police force, F157and

the F159National Crime Agency,

irrespective of whether the investigation F164or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or F165a F166a National Crime Agency officer; F167...

F168in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; F169and

in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control;

the force to which the person carrying out the investigation belongs; or

the force to which the person whose conduct is under investigation belonged at the time of the conduct;

the person carrying out an investigation is not a F177National Crime Agency officer; and

the person whose conduct is under investigation was not a F178National Crime Agency officer at the time of the conduct,

in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; F181...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

one police force is required to provide assistance to another in connection with an investigation under this Part; or

a police force is required to provide assistance F183to the F184Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.

as may be agreed between them; or

in the absence of any such arrangements, as may be determined by the Secretary of State.

as may be agreed between the F184Director General and F198that body; or

in the absence of any such arrangements, as may be determined by the Secretary of State.

references to a police force and to a F201local policing body maintaining a police force include references to the F202National Crime Agency; and

in relation to that Agency, references to the chief officer are references to the Director General F203of that Agency.

the reference in subsection (3)(b) to F205local policing bodies generally included a reference to the Agency; and

the reference in subsection (4)(b) to F205local policing bodies generally were a reference to the Agency.

every F208local policing body, and

every chief officer,

to provide the F207Director General with all such other information and documents specified or described in a notification given by the F207Director General to F210that body or chief officer, and

to produce or deliver up to the F207Director General all such evidence and other things so specified or described,

the notification imposing the requirement; or

in any subsequent notification given by the F207Director General to that person for the purposes of this subsection.

to provide the F207Director General with any information or document, or to produce or deliver up any other thing, before the earliest time at which it is practicable for F214that body or chief officer to do so; or

to provide, produce or deliver up anything at all in a case in which it never becomes practicable for F214that body or chief officer to do so.

the requirement is imposed for any of the purposes mentioned in subsection (2),

the purposes of any examination by the F216Director General of the efficiency and effectiveness of the arrangements made by the force in question for handling complaints or dealing with recordable conduct matters F219or DSI matters;

the purposes of any investigation by the F216Director General under this Part or of any investigation carried out under F220the Director General's F221... F222direction.

the purposes of any review by the F216Director General under paragraph 25 of Schedule 3.

a requirement imposed under this section for the purposes mentioned in subsection (2)(a) requires access to any premises, document or thing to be allowed to any person, but

there are reasonable grounds for not allowing that person to have the required access at the time at which he seeks to have it,

the obligations of F225local policing bodies and chief officers under sections 15 and 17.

the use of directed and intrusive surveillance, and

the conduct and use of covert human intelligence sources,

Parts 2 and 4 the Regulation of Investigatory Powers Act 2000 (c. 23) (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

Part 3 of the 1997 Act (authorisations in respect of property),

by the F228Director General, or

under F229the Director General's F230direction,

by the appropriate authority on its own behalf, F231...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),

the progress of the handling of the complaint;

the outcome of the handling of the complaint;

any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);

such other matters as may be specified in regulations made by the Secretary of State.

preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;

regulations made under subsection (5), and

section 21A.

it appears to the F244Director General or to an appropriate authority that he is a person falling within subsection (2) F245or (2A); and

that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.

he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;

he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint;

he himself has suffered serious injury as the alleged result of that conduct.

he is a relative of the person who has died;

he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;

he himself is the person who has suffered serious injury.

the F244Director General or an appropriate authority considers that he has an interest in the handling of the complaint F250, recordable conduct matter or DSI matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and

he has indicated that he consents to the provision of information to him in accordance with this section.

by the F244Director General, or

under F253the Director General's F254direction,

by the appropriate authority on its own behalf, F255...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,

the progress of the handling of the complaint, recordable conduct matter or DSI matter;

the outcome of the handling of the complaint, recordable conduct matter or DSI matter;

such other matters as may be specified in regulations made by the Secretary of State.

regulations made under subsection (10), and

section 21A.

intelligence service information;

protected information relating to a relevant warrant;

make the F267Director General or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and

provide the F267Director General or the paragraph 18 investigator with such additional information as will enable the F267Director General or the paragraph 18 investigator to identify the relevant authority in relation to the information.

to F269local policing bodies,

to chief officers, and

to persons who are serving with the police otherwise than as chief officers,

those that are conferred or imposed by or under this Part; and

such persons as appear to the F268Director General to represent the views of police and crime commissioners;

the Mayor's Office for Policing and Crime;

the Common Council;

F273the National Police Chiefs' Council; and

such other persons as F274the Director General thinks fit.

guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters F275or DSI matters that have not been recorded;

guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter F276or DSI matter;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the matters to be taken into account in making any determination as to which procedure to adopt for handling complaints and dealing with recordable conduct matters F281and DSI matters;

for requiring the subject-matter of a complaint that has been withdrawn to be treated for the purposes of this Part, in the cases and to the extent specified in the regulations, as a recordable conduct matter;

for the manner in which any procedure for the purposes of this Part is to be discontinued in a case where it is discontinued in accordance with the regulations, and for the consequences of any such discontinuance;

for the circumstances in which any investigation or other procedure under this Part may be or must be suspended to allow any other investigation or proceedings to continue, and for the consequences of such a suspension;

for the regulation of the appointment of persons to carry out investigations under this Part or to assist with the carrying out of such investigations, for limiting the persons who may be appointed and for the regulation of the carrying out of any such investigation;

for the procedure to be followed in cases in which the F283Director General relinquishes the F284... F285direction of any investigation and for the consequences of F286the Director General doing so;

for the manner in which any reference of a complaint F287, conduct matter or DSI matter to the F283Director General is to be made;

for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or recordable 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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the F283Director General to be required to establish and maintain a register of such information provided to F291the Director General or the Office in accordance with this Part as may be of a description specified in the regulations and for regulating the extent to which information stored on that register may be published or otherwise disclosed to any person by the F283Director General;

for chief officers to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part;

for local policing bodies to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part (including powers and duties that are acquired by virtue of giving a notice under section 13A);

for the manner in which any notification for the purposes of any provision of this Part is to be given and the time at which, or period within which, any such notification must be given.

for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the F283Director General by a person who is not that person's legal representative but is of a description specified in the regulations.

the F300Director General, and

an authority other than a F301local policing body which maintains a body of constables,

provide for the establishment and maintenance of such procedures in relation to that body of constables; and

the Ministry of Defence Police; and

the British Transport Police Force.

the F300Director General; and

the authority maintaining the body of constables to whom the order relates.

section 78 of the 1996 Act (which made provisions similar to that made by this section), or

paragraph 13 of Schedule 8 to that Act (transitional provisions),

must not be made or varied except with the approval of the Secretary of State; and

apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;

make provision for payment by the National Crime Agency to, or in respect of, the F310the Office or in respect of its Director General.

the F311Director General has functions by virtue of this section, and

the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

by virtue of this section, or

under the Parliamentary Commissioner Act 1967.

further provision about the disclosure of information under subsection (5) or (6);

provision about the further disclosure of information that has been so disclosed;

the disclosure of information under subsection (5) or (6), or

the further disclosure of information so disclosed.

apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

make provision for payment by the Authority to, or in respect of, the F319Office or in respect of the Director General.

the F318Director General has functions by virtue of this section, and

the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

by virtue of this section, or

under the Parliamentary Commissioner Act 1967.

further provision about the disclosure of information under subsection (4) or (5);

provision about the further disclosure of information that has been so disclosed.

cases in which allegations of misconduct are made against members of the F321Office's staff; and

cases in which there is otherwise an indication that there may have been misconduct by a member of the F321Office's staff.

direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and

direct the appropriate authority to record the matter under this Part.

is a complaint or a conduct matter,

relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and

(apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.

relates to conduct which took place, or circumstances which occurred, before 1 April 2004,

has been the subject of a relevant complaint, and

would be a conduct matter or a DSI matter if it had not been the subject of a relevant complaint.

a complaint made before 1 April 2004, or

a complaint made on or after that date to which a relevant transitional provision applied.

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

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

with whom that person had the contact in question;

to the person by whom the complaint or purported complaint was made, or

in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;

a person serving with the police;

a National Crime Agency officer; or

a person engaged on relevant service, within the meaning of section 97(1)(a) F353... or (d) of the 1996 Act F354(temporary service of various kinds).

a person who, at the time when the conduct is supposed to have taken place, was under the direction and control of the same chief officer as the person whose conduct it was; or

a member of the police force with which dissatisfaction is expressed,

a civilian employee of that police force,

a special constable who is under the direction and control of the chief officer of that police force, or

where dissatisfaction is expressed with the City of London police force, an employee of the Common Council of the City of London who is under the direction and control of the chief officer of that force.