C43C47C46C48C54C60C55C61C38C39C40C41C42Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C43

Pt. 2 power to apply amend or modify conferred (31.10.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 7 para. 7(1); S.I. 2011/2515, art. 2(d)

C47

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))

C46

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C60

Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by 2009 c. 20, s. 107EE(4) (as inserted by Policing and Crime Act 2017 (c. 3), ss. 8(2), 183(1)(5)(e); S.I. 2017/726, reg. 2(a))

C55

Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by 2004 c. 21, s. 4K(2)(4) (as inserted by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38)

C38

Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30

C42

Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2

F252The Independent Office for Police Conduct

Annotations:
Amendments (Textual)
F252

S. 9 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 16; S.I. 2017/1249, reg. 2 (with reg. 3)

I1C1C2C3C4C49C569C60C55F244The Independent Office for Police Conduct

F2451

The body corporate previously known as the Independent Police Complaints Commission—

a

is to continue to exist, and

b

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

F3582

The Office is to consist of—

a

a Director General appointed by Her Majesty, and

b

at least six other members.

2A

The other members must consist of—

a

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

b

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

but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.

3

A person shall not be appointed as the F359Director GeneralF360... if—

a

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

b

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;

c

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

d

he is a person in relation to whom an accreditation under section 41 F1or 41A is or has been in force;

F2da

he F143... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;

F3db

he F144... has been—

i

the chairman or chief executive of, or

ii

another member of, or

iii

another member of the staff of,

the National Policing Improvement Agency;

F142dc

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

e

he F4. . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or

f

he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—

i

section 26 of this Act; or

ii

section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).

4

An appointment made in contravention of subsection (3) shall have no effect.

5

F246Neither the Office nor the Director General shall—

a

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

b

enjoy any status, privilege or immunity of the Crown;

and the F247Office's property shall not be regarded as property of, or property held on behalf of, the Crown.

6

Schedule 2 (which makes further provision in relation to the F248Office) shall have effect.

7

The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.

C510C60C55 General functions of the F249Director General

1

The functions of the F249Director General shall be—

a

to secure the maintenance by the F249Director GeneralF253..., and by F72local policing bodies and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2);

b

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

c

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;

d

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;

e

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 F249Director General of F254the Director General's other functions, to be necessary or desirable; F5. . .

f

to such extent as F255the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F6. . . bodies of constables maintained otherwise than by F70local policing bodies which broadly correspond to those conferred on the F249Director General in relation to police forces by the preceding paragraphs of this subsectionF7; F8. . .

g

to carry out functions in relation to the F129National Crime Agency which correspond to those conferred on the F249Director General in relation to police forces by paragraph (e) of this subsectionF9; and

F174ga

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)).

F131h

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

2

Those matters are—

a

the handling of complaints F182(within the meaning given by section 12)F180or other concerns raised by virtue of Part 2B (whistle-blowing);

b

the recording of matters from which it appears that there may have been conduct by F183persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

F10ba

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;

c

the manner in which any such complaints F181or other concerns or any such matters as are mentioned in paragraph (b) F11or (ba) are investigated or otherwise handled and dealt with.

3

The F249Director General shall also have the functions which are conferred on F256the Director General by—

a

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

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

F130bc

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

F175bd

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

c

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

d

any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of F13. . . any body of constables maintained otherwise than by a F71local policing body.

F3613A

The F249Director General also has any functions conferred on F257the Director General by regulations under section 29C of this Act (regulations about super-complaints).

F1793B

The F249Director General also has the functions which are conferred on F258the Director General by Part 2B (whistle-blowing).

4

It shall be the duty of the F249Director General—

a

to exercise the powers and perform the duties conferred on F259the Director General by the following provisions of this Part in the manner that F259the Director General considers best calculated for the purpose of securing the proper carrying out of F260the Director General's functions under subsections (1) and (3); and

b

to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the F249Director General has functions.

5

It shall also be the duty of the F249Director General—

a

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 F249Director General and the inspectors of constabulary; and

b

to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the F249Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.

F2505A

In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).

6

Subject to the other provisions of this Part, the F249Director General may do anything which appears to F261the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of F262the Director General's functions.

C447

The F251Office may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—

a

F264the Director General's function under subsection (1)(e), F14. . .

b

any corresponding function conferred on F263the Director General by virtue of subsection (1)(f), F15or

c

F264the Director General's function under subsection (1)(g) F16or (h),

impose any such charge on that person for anything done by the F249Director General for the purposes of, or in connection with, the carrying out of that function as F263the Director General thinks fit.

F1188

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

F1329

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

10AC55F243General functions of the Office

1

The functions of the Office are—

a

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

b

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

c

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

d

to monitor and review the carrying out of such functions.

2

The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).

3

The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

4

In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

5

The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.

10BC55Efficiency etc in exercise of functions

The Director General and the Office must carry out their functions efficiently and effectively.

10CC55Strategy for exercise of functions

1

The Director General and the Office must jointly—

a

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

b

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

2

The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.

3

The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office.

4

The Director General and the Office must each give effect to the strategy in carrying out their functions.

5

The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect).

6

In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.

10DC55Code of practice

1

The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.

2

In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions.

3

The code must include provision as to the following—

a

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

b

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

c

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

d

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;

e

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;

f

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

4

The Code may include whatever other provision the Director General and the Office think appropriate.

5

The Director General and the Office must jointly review the code regularly and revise it as appropriate.

6

The Director General and the Office must each comply with the code.

7

The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).

C611C60C55 Reports to the Secretary of State

1

As soon as practicable after the end of each of F265the Office's financial years, the F266Director General and the Office must jointly make a report to the Secretary of State on the carrying out of F267their functions during that year.

F2682

The Secretary of State may also require reports to be made (at any time)—

a

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

b

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

c

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

F2692A

The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which—

a

have come to the Director General's notice, and

b

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.

3

The F270Office may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—

a

have come to the F271Office's notice; and

b

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

F2723A

The Director General and the Office may jointly make reports under subsections (2A) and (3).

4

The F273Director General shall prepare such reports containing advice and recommendations as F274the Director General thinks appropriate for the purpose of carrying out—

a

F275the Director General's function under subsection (1)(e) of section 10; or

b

any corresponding function conferred on F274the Director General by virtue of subsection (1)(f) of that section.

5

Where the Secretary of State receives any report under this section, he shall—

a

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

b

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

lay a copy of the report before Parliament and cause the report to be published.

6

The F276Office shall send a copy of every annual report under subsection (1)—

a

to every F73local policing body;

F137b

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

F167c

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

d

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 sectionF18; and

F134e

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

F140f

to the National Crime Agency.

F2776A

The Director General must send a copy of every report under subsection (2A) —

a

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

b

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

7

The F278Office shall send a copy of every report under subsection (3)—

a

to any F74local policing body that appears to the F278Office to be concerned; and

b

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

F198

Where a report under subsection F279(2A) or (3) relates to the F138National Crime Agency, the F280Director General or the Office (as the case may be) shall send a copy of that report to the Agency.

9

Where a report under subsection F281(2A) or (3) relates to a body of constables maintained by an authority other than a F75local policing body, the F282Director General or the Office (as the case may be) shall send a copy of that report—

a

to that authority; and

b

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

F1359A

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

10

The F283Director General shall send a copy of every report under subsection (4)to—

a

the Secretary of State;

b

every F76local policing body;

c

every chief officer;

F133d

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

F168e

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

f

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; F17. . .

g

every person who has the direction and control of such a body of constablesF20; F141...

F136h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F139; and

i

the National Crime Agency.

11

The F284Director General shall send a copy of every report made or prepared by F285the Director General under subsection F286(2A) or (4) to such of the persons (in addition to those specified in the preceding subsections) who—

a

are referred to in the report, or

b

appear to the F284Director General otherwise to have a particular interest in its contents,

as the F284Director General thinks fit.

F28712

The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

a

are referred to in the report, or

b

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

as the Office thinks fit.

13

Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.

Application of Part 2

C712C61 Complaints, matters and persons to which Part 2 applies

F1841

In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public.

1A

But an expression of dissatisfaction is a complaint for the purposes of this Part—

a

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);

b

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

1B

In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is—

a

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

b

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

c

a person who claims to have witnessed the conduct.

2

In this Part “conduct matter” means (subject to the following provisions of this section, F126section 28A and any regulations made under it,F119... and any regulations made by virtue of section 23(2)(d)) any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—

a

committed a criminal offence; or

b

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

F212A

In this Part “death or serious injury matter” (or “DSI matter” for short) means F125(subject to section 28A and any regulations made under it) any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)—

a

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

b

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

2B

The requirements of this subsection are that at the time of the death or serious injury the person—

a

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

b

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

2C

The requirements of this subsection are that—

a

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

b

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

2D

In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “contact” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties.

3

The complaints that are complaints for the purposes of this Part by virtue of F185subsection (1B)(b) do not, except in a case falling within subsection (4), include any F186where the person in question claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct.

4

A case falls within this subsection if—

a

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

b

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.

F1874A

In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.

5

For the purposes of this section a person shall be taken to have witnessed conduct if, and only if—

a

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

b

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

6

F188For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless—

a

that other person is for the time being designated for the purposes of this Part by the F288Director General as a person through whom complaints may be made, or he is of a description of persons so designated; or

b

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.

7

For the purposes of this Part, a person is serving with the police if—

a

he is a member of a police force;

F77aa

he is a civilian employee of a police force;

b

he is an employee of F78the Common Council of the City of London who is under the direction and control of a chief officer; F241...

c

he is a special constable who is under the direction and control of a chief officerF242; or

d

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

F1728

The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part—

a

a contractor,

b

a sub-contractor of a contractor, or

c

an employee of a contractor or a sub-contractor,

is to be treated as a person serving with the police.

F1729

Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons.

F17210

In subsection (8) “contractor” means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.

Handling of complaints F24, conduct matters and DSI mattersetc.

Annotations:
Amendments (Textual)

I2C813C47C46 Handling of complaintsF22, conduct matters and DSI mattersetc.

Schedule 3 (which makes provision for the handling of complaintsF23, conduct matters and DSI matters and for the carrying out of investigations) shall have effect F120....

13AF176Local policing bodies: functions in relation to complaints

1

The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).

2

The provisions specified in this subsection are—

a

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

b

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.

3

The provisions specified in this subsection are—

a

section 20, and

b

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

4

In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—

a

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

b

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

c

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

5

Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

6

The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.

7

Regulations under subsection (6) may (amongst other things) make provision about—

a

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

b

the circumstances in which a notice may be withdrawn.

13BF177Power of the F290Director General to require re-investigation

1

This section applies where—

a

a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the F289Director General has been submitted to F291the Director General under paragraph 22(3) or 24A of Schedule 3, or

b

a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the F289Director General has been submitted to F291the Director GeneralF292(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.

2

The F289Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if F293the Director General is satisfied that there are compelling reasons for doing so.

3

Where the F289Director General makes a determination under subsection (2), F294the Director General must determine that the re-investigation is to take the form of an investigation by the F289Director General unless subsection (4) applies, in which case the F289Director General must determine that the re-investigation is to take the form described in that subsection.

4

This subsection applies where the F289Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the F289Director General.

5

Where—

a

the F289Director General determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the F289Director General, and

b

at any time after that the F289Director General determines that subsection (4) applies in relation to the re-investigation,

the F289Director General may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the F289Director General.

6

Where the F289Director General determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the F289Director General, the F289Director General must keep under review whether subsection (4) continues to apply in relation to the re-investigation.

7

If, on such a review, the F289Director General Director General determines that subsection (4) no longer applies in relation to a re-investigation, the F289Director General must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the F289Director General.

8

Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph.

9

The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

10

The F289Director General shall notify the appropriate authority of any determination that F295the Director General makes under this section and of F296the Director General's reasons for making the determination.

11

The F289Director General shall also notify the following of any determination that F297the Director General makes under this section and of F298the Director General's reasons for making the determination—

a

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;

b

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

c

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

12

The duty imposed by subsection (11) on the F289Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

13

Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.

14

In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.

15

The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.

F11614 Direction and control matters

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

Co-operation, assistance and information

C915C47C46 General duties of F79local policing bodies, chief officers and inspectors

1

It shall be the duty of—

a

every F82local policing body maintaining a police force,

b

the chief officer of police of every police force, and

c

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

to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).

F251A

It shall be the duty of the F148National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).

F1451B

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

2

Those matters are—

a

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

b

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

c

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.

F1172A

Subsection (2B) applies in a case where it appears to a local policing body that—

a

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

b

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

c

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

2B

The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.

2C

The chief officer must comply with any direction given under subsection (2B).

3

Where—

a

a F83local 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 16F194... or 18 of Schedule 3,

b

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

F26c

a F80local policing body or chief officer requires the Director General of the F149National Crime Agency to provide a F150National Crime Agency officer for appointment under any of those paragraphs,

it shall be the duty of the chief officer F27to whom the requirement is addressed or of the Director GeneralF299of the Agency to comply with it.

4

It shall be the duty of—

a

every F84local policing body maintaining a police force,

b

the chief officer of police of every police force, F28 and

F29c

the F151National Crime Agency,

to provide the F300Director General and every member of the F301Office's staff with all such assistance as the F300Director General or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the F300Director General under this Part F189or any review under paragraph 25 of Schedule 3.

5

It shall be the duty of—

a

every F85local policing body maintaining a police force,

b

the chief officer of every police force, F30and

F31c

the F152National Crime Agency,

to ensure that a person appointed under paragraph 16F195... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require

6

The duties imposed by subsections (4) and (5) on a F81local policing body maintaining a police force and on the chief officer of such a force and on F32the F153National Crime Agency have effect—

a

irrespective of whether the investigation F190or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or F33a F154a National Crime Agency officer; F191...

b

F192in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; F193and

c

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;

but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs F34 . . . .

7

In subsection (6) “third force”, in relation to an investigation, means a police force other than—

a

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

b

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

F35 and where the person whose conduct is under investigation was a F155National Crime Agency officer at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.

F368

Where the person who requires assistance and co-operation under subsection (5) is a F156National Crime Agency officer, a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

F1468A

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

F378B

In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.

9

Where—

a

the person carrying out an investigation is not a F157National Crime Agency officer; and

b

the person whose conduct is under investigation was not a F158National Crime Agency officer at the time of the conduct,

F38the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.

F3910

In subsection (9) “the relevant directing officer”—

a

in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; F159...

F147b

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

C1016C47C46 Payment for assistance with investigations

1

This section applies where—

a

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

b

a police force is required to provide assistance F196to the F302Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.

2

For the purposes of this section—

a

assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

F200ai

an investigation of a complaint where the complainant expressed dissatisfaction with the other force,

F40i

an investigation F201of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and

b

assistance is required to be provided F197by a police force (“the assisting force”) to the F302Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

F202ai

an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,

F41i

an investigation F203of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, F198...

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that forceF199, or

iii

a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.

3

Where the assistance is required to be provided by one police force to another, the F88local policing body maintaining that other police force shall pay to the F88local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between them; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F89local policing bodies generally; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

c

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

4

Where the assistance is required to be provided by a police force to the F302Director General, F303Office shall pay to the F90local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between the F302Director General and F91that body; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F92local policing bodies generally and by the F302Director General; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the F302Director General; or

c

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

F425

In this section (subject to subsection (6))—

a

references to a police force and to a F86local policing body maintaining a police force include references to the F161National Crime Agency; and

b

in relation to that Agency, references to the chief officer are references to the Director General F304of that Agency.

6

This section shall have effect in relation to cases in which assistance is required to be provided by the F160National Crime Agency as if—

a

the reference in subsection (3)(b) to F87local policing bodies generally included a reference to the Agency; and

b

the reference in subsection (4)(b) to F87local policing bodies generally were a reference to the Agency.

7

This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.

F16216AInvestigations: National Policing Improvement Agency involvement

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

I3C1117C47C46 Provision of information to the F305Director General

1

It shall be the duty of—

a

every F93local policing body, and

b

every chief officer,

at such times, in such circumstances and in accordance with such other requirements as may be set out in regulations made by the Secretary of State, to provide the F305Director General with all such information and documents as may be specified or described in regulations so made.

2

It shall also be the duty of every F94local policing body and of every chief officer—

a

to provide the F305Director General with all such other information and documents specified or described in a notification given by the F305Director General to F95that body or chief officer, and

b

to produce or deliver up to the F305Director General all such evidence and other things so specified or described,

as appear to the F305Director General to be required by F306the Director General for the purposes of the carrying out of any of F307the Director General's functions.

3

Anything falling to be provided, produced or delivered up by any person in pursuance of a requirement imposed under subsection (2) must be provided, produced or delivered up in such form, in such manner and within such period as may be specified in—

a

the notification imposing the requirement; or

b

in any subsequent notification given by the F305Director General to that person for the purposes of this subsection.

4

Nothing in this section shall require a F96local policing body or chief officer—

a

to provide the F305Director 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 F97that body or chief officer to do so; or

b

to provide, produce or deliver up anything at all in a case in which it never becomes practicable for F97that body or chief officer to do so.

5

A requirement imposed by any regulations or notification under this section may authorise or require information or documents to which it relates to be provided to the F305Director General electronically.

F1636

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

C1218C47C46 Inspections of police premises on behalf of the F308Director General

1

Where—

a

the F308Director General requires—

i

a F99local policing body maintaining any police force, or

ii

the chief officer of police of any such force,

to allow a person nominated for the purpose by the F308Director General to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and

b

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

it shall be the duty of F98the body or, as the case may be, of the chief officer to secure that the required access is allowed to the nominated person.

2

Those purposes are—

a

the purposes of any examination by the F308Director General of the efficiency and effectiveness of the arrangements made by the force in question for handling complaints or dealing with recordable conduct matters F43or DSI matters;

b

the purposes of any investigation by the F308Director General under this Part or of any investigation carried out under F309the Director General'sF205... F206direction.

F204c

the purposes of any review by the F308Director General under paragraph 25 of Schedule 3.

3

A requirement imposed under this section for the purposes mentioned in subsection (2)(a) must be notified to F100the body or chief officer at least 48 hours before the time at which access is required.

4

Where—

a

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

b

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 obligation to secure that the required access is allowed shall have effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify.

5

The provisions of this section are in addition to, and without prejudice to—

a

the rights of entry, search and seizure that are or may be conferred on—

i

a person designated for the purposes of paragraph 19 of Schedule 3, or

ii

any person who otherwise acts on behalf of the F308Director General,

in his capacity as a constable or as a person with the powers and privileges of a constable; or

b

the obligations of F101local policing bodies and chief officers under sections 15 and 17.

C13C14C15C16C50C5719C47C46 Use of investigatory powers by or on behalf of the F310Director General

1

The Secretary of State may by order make such provision as he thinks appropriate for the purpose of authorising—

a

the use of directed and intrusive surveillance, and

b

the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the F311Director General's functions.

2

An order under this section may, for the purposes of or in connection with any such provision as is mentioned in subsection (1), provide for—

a

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

b

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

to have effect with such modifications as may be specified in the order.

3

The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

4

Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.

I4C1720C47C46 Duty to keep the complainant informed

1

In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

a

by the F312Director General, or

b

under F313the Director General'sF211direction,

it shall be the duty of the F312Director General to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

2

In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

a

by the appropriate authority on its own behalf, F212...

F213b

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

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

3

Where subsection (2) applies, it shall be the duty of the F312Director General to give the appropriate authority all such directions as F314the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

F2073A

In any case in which a complaint is being handled—

a

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

b

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

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).

F2084

The matters of which the complainant must be kept properly informed are—

a

the progress of the handling of the complaint;

b

the outcome of the handling of the complaint;

c

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

d

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

4A

The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.

5

The duties imposed by this section on the F312Director General and the appropriate authority in relation to any complaint shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

6

The Secretary of State shall not by regulations provide for any exceptions from the duties imposed by this section except so far as he considers it necessary to do so for the purpose of—

a

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

b

preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—

i

is in the interests of national security;

ii

is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;

iii

is required on proportionality grounds; or

iv

is otherwise necessary in the public interest.

7

The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.

8

Regulations under this section may include provision framed by reference to the opinion of, or a determination by, the F312Director General or any F102local policing body or chief officer.

F2098A

In any case in which there is an investigation of a complaint, the F312Director General or the appropriate authority may comply with F315their duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted F316(or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted F317(or completed) under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.

8B

Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

a

regulations made under subsection (5), and

b

section 21A.

9

It shall be the duty of a person appointed to carry out an investigation under this Part F210, or who is otherwise involved in the handling of a complaint under this Part, to provide the F312Director General or, as the case may be, the appropriate authority with all such information as the F312Director General or that authority may reasonably require for the purpose of performing F318their duty under this section.

I5C1821C47C46 Duty to provide information for other persons

1

A person has an interest in being kept properly informed about the handling of a complaint F44, recordable conduct matter or DSI matter if—

a

it appears to the F319Director General or to an appropriate authority that he is a person falling within subsection (2) F45or (2A); and

b

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.

2

A person falls within this subsection if F46(in the case of a F217complaint that relates to conduct of a person serving with the police or a recordable conduct matter)—

a

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;

b

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;

c

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

F472A

A person falls within this subsection if (in the case of a DSI matter)—

a

he is a relative of the person who has died;

b

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

c

he himself is the person who has suffered serious injury.

3

A person who does not fall within subsection (2) F48or (2A) has an interest in being kept properly informed about the handling of a complaint F49, recordable conduct matter or DSI matter if—

a

the F319Director General or an appropriate authority considers that he has an interest in the handling of the complaint F49, 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

b

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

4

In relation to a complaint, this section confers no rights on the complainant.

5

A person who has an interest in being kept properly informed about the handling of a complaint F50, conduct matter or DSI matter is referred to in this section as an “interested person”.

6

In any case in which there is an investigation of the complaint F51, recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—

a

by the F319Director General, or

b

under F320the Director General'sF218direction,

it shall be the duty of the F319Director General to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

7

In any case in which there is an investigation of the complaint F51, recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—

a

by the appropriate authority on its own behalf, F219...

F220b

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

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

8

Where subsection (7) applies, it shall be the duty of the F319Director General to give the appropriate authority all such directions as F321the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

F2148A

In any case in which—

a

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

b

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,

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).

F2159

The matters of which the interested person must be kept properly informed are—

a

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

b

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

c

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

9A

The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.

10

The duties imposed by this section on the F319Director General and the appropriate authority in relation to any complaint F52, recordable conduct matter or DSI matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

11

Subsections (6) to (9) of section 20 apply for the purposes of this section as they apply for the purposes of that section.

F21611A

In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the F319Director General or the appropriate authority may comply with F322their duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted F323(or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted F324(or completed) under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.

11B

Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

a

regulations made under subsection (10), and

b

section 21A.

12

In this section “relative” means a person of a description prescribed in regulations made by the Secretary of State.

21AF178Restriction on disclosure of sensitive information

1

Where the F325Director General receives information within subsection (3), the F325Director General must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

2

Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the F325Director General unless the relevant authority consents to the disclosure.

3

The information is—

a

intelligence service information;

b

protected information relating to a relevant warrant;

c

information obtained from a government department which, at the time it is provided to the F325Director General or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

i

cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

ii

jeopardise the safety of any person.

4

Where the F325Director General or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the F325Director General or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

5

In this section—

  • “government department” means a department of Her Majesty's Government but does not include—

    1. a

      the Security Service,

    2. b

      the Secret Intelligence Service, or

    3. c

      the Government Communications Headquarters (“GCHQ”);

  • “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—

    1. a

      the Security Service,

    2. b

      the Secret Intelligence Service,

    3. c

      GCHQ, or

    4. d

      any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

  • “Minister of the Crown” includes the Treasury;

  • “paragraph 18 investigator” has the meaning given by subsection (2);

  • “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

  • “relevant authority” means—

    1. a

      in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;

    2. b

      in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;

    3. c

      in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;

    4. d

      in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;

    5. e

      in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;

    6. f

      in the case of information within subsection (3)(c)—

      1. i

        the Secretary of State, or

      2. ii

        the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

  • “relevant warrant” means—

    1. a

      a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or

    2. b

      a warrant under Chapter 1 of Part 6 of that Act.

21BProvision of sensitive information to the F326Director General and certain investigators

1

A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the F326Director General or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—

a

make the F326Director 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

b

provide the F326Director General or the paragraph 18 investigator with such additional information as will enable the F326Director General or the paragraph 18 investigator to identify the relevant authority in relation to the information.

2

In this section, “intelligence service information”, “protected information relating to a relevant warrant”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.

Guidance and regulations

C19C20C21C22C45C51C5822C55 Power of the F327Director General to issue guidance

1

The F327Director General may issue guidance—

a

to F103local policing bodies,

b

to chief officers, and

c

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

concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).

2

Those powers and duties are—

a

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

b

those that are otherwise conferred or imposed but relate to—

i

the handling of complaints;

ii

the means by which recordable conduct matters F53or DSI matters are dealt with; or

iii

the detection or deterrence of misconduct by persons serving with the police.

3

Before issuing any guidance under this section, the F327Director General shall consult with—

F54F104a

such persons as appear to the F327Director General to represent the views of police and crime commissioners;

aa

the Mayor's Office for Policing and Crime;

ab

the Common Council;

b

F239the National Police Chiefs' Council; and

c

such other persons as F328the Director General thinks fit.

4

The approval of the Secretary of State shall be required for the issue by the F327Director General of any guidance under this section.

5

Without prejudice to the generality of the preceding provisions of this section, the guidance that may be issued under this section includes—

a

guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters F55or DSI matters that have not been recorded;

b

guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter F56or DSI matter;

F221c

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

d

guidance about how to protect the scene of an incident or alleged incident which—

i

is or may become the subject-matter of a complaint; or

ii

is or may involve a recordable conduct matter F56or DSI matter;

e

guidance about the circumstances in which it is appropriate (where it is lawful to do so)—

i

to disclose to any person, or to publish, any information about an investigation of a complaint F57, conduct matter or DSI matter; or

ii

to provide any person with, or to publish, any report or other document relating to such an investigation;

F222f

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

6

Nothing in this section shall authorise the issuing of any guidance about a particular case.

7

It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in exercising or performing the powers and duties to which the guidance relates.

8

A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

C23C24C25C2623C55 Regulations

1

The Secretary of State may make regulations as to the procedure to be followed under any provision of this Part.

2

Without prejudice to the generality of the power conferred by subsection (1) or of any other power to make regulations conferred by any provision of this Part, the Secretary of State may also by regulations provide—

a

for the appropriate authority, in the case of a complaint F224that relates to conduct of a person serving with the police, to be required, in accordance with procedures provided for in the regulations—

i

to supply the person complained against with a copy of the complaint; and

ii

to supply the complainant with a copy of the record made of that complaint;

b

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 F58and DSI matters;

c

for any procedure for the purposes of this Part to be discontinued where—

i

a complaint is withdrawn;

ii

the complainant indicates that he does not wish any further steps to be taken; or

iii

the whole or part of the investigation of the complaint has been postponed until the conclusion of criminal proceedings and the complainant fails to indicate after the conclusion of those proceedings that he wishes the investigation to be resumed;

and for the manner in which any such withdrawal or indication is to be effected or given, and for the circumstances in which it is to be taken as effected or given;

d

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;

e

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;

f

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;

g

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;

F59h

for combining into a single investigation the investigation of any complaint, conduct matter or DSI matter with the investigation or investigations of any one or more, or any combination, of the following—

i

complaints (whether or not relating to the same conduct),

ii

conduct matters, or

iii

DSI matters,

and for splitting a single investigation into two or more separate investigations;

i

for the procedure to be followed in cases in which the F329Director General relinquishes the F225...F226direction of any investigation and for the consequences of F330the Director General doing so;

j

for the manner in which any reference of a complaint F60, conduct matter or DSI matter to the F329Director General is to be made;

k

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;

l

for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or conduct matter relates to the conduct of a person—

i

whose identity is unascertained at the time at which a complaint is made or a conduct matter is recorded;

ii

whose identity is not ascertained during, or subsequent to, the investigation of a complaint or recordable conduct matter;

F227m

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

n

for the records to be kept by F105local policing bodies and chief officers—

i

with respect to complaints and purported complaints;

ii

with respect to recordable conduct matters F61or DSI matters; and

iii

with respect to the exercise and performance of their powers and duties under this Part;

o

for the F329Director General to be required to establish and maintain a register of such information provided to F331the 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 F329Director General;

p

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;

F223pa

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);

q

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.

F62r

for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the F329Director General by a person who is not that person's legal representative but is of a description specified in the regulations.

I6C27C28C29C30C52C5924C55 Consultation on regulations

Before making any regulations under this Part, the Secretary of State shall consult with—

F332a

the Office;

aa

the Director General;

F63F106b

such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

ba

the Mayor's Office for Policing and Crime;

bb

the Common Council;

c

F240the National Police Chiefs' Council; and

d

such other persons as he thinks fit.

Conduct of persons in other forms of police service

25NCIS and NCS

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C31C3226 Forces maintained otherwise than by F107local policing bodies

1

Notwithstanding any provision made by or under any enactment passed or made before this Act—

a

the F333Director General, and

b

an authority other than a F108local policing body which maintains a body of constables,

shall each have power to enter into an agreement with the other for the establishment and maintenance in relation to that body of constables of procedures corresponding or similar to any of those provided for by or under this Part.

2

If it appears to the Secretary of State appropriate to do so in relation to any body of constables maintained otherwise than by a F109local policing body to establish any such corresponding or similar procedures, he may by order—

a

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

b

in a case in which procedures in relation to that body of constables have effect by virtue of subsection (9) or have previously been established by virtue of this section—

i

provide for those procedures to be superseded by the provision made by the order; and

ii

make transitional provision in connection with the replacement of the superseded procedures.

3

It shall be the duty of the Secretary of State to secure that procedures are established and maintained under subsection (2) in relation to each of the following—

a

the Ministry of Defence Police; and

b

the British Transport Police Force.

4

An agreement under this section shall not be made, varied or terminated except with the approval of the Secretary of State.

5

An agreement or order under this section in relation to any body of constables may contain provision for enabling the F333Director General to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement or order as disciplinary proceedings in relation to members of that body of constables.

6

An agreement or order under this section in relation to any body of constables may provide for the application of procedures in relation to persons who are not themselves constables but are employed for the purposes of that body of constables and in relation to the conduct of such persons, as well as in relation to members of that body of constables and their conduct.

7

Before making an order under this section the Secretary of State shall consult with both—

a

the F333Director General; and

b

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

8

Procedures established in accordance with any agreement or order under this section shall have no effect in relation to anything done outside England and Wales by any constable or any person employed for the purposes of a body of constables.

9

Where, immediately before the coming into force of this section, any procedures have effect in relation to any body of constables by virtue of—

a

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

b

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

those procedures shall continue to have effect thereafter (notwithstanding the repeal by this Act of Chapter 1 of Part 4 of the 1996 Act and of that paragraph) until superseded by procedures established by virtue of any agreement or order under this section.

10

Subsection (9) has effect subject to the provisions of any order made under section 28.

F16426ASerious Organised Crime Agency

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

F16526BNational Policing Improvement Agency

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

26BAF169College of Policing

1

The F334Director General and the College of Policing must enter into an agreement for the establishment, in relation to members of the College's staff, of procedures corresponding or similar to those provided for by or under this Part.

2

An agreement under this section—

a

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

b

must not be terminated unless—

i

it is replaced by another such agreement, and

ii

the Secretary of State approves.

3

An agreement under this section may contain provision for enabling the F334Director General to bring and conduct, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary hearings in relation to members of the College's staff.

4

Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done outside England and Wales by any member of the College's staff.

26CF128The National Crime Agency

1

The Secretary of State must make regulations conferring functions on the F335Director General in relation to the exercise of functions by the Director General F336of the National Crime Agency and other National Crime Agency officers.

2

Regulations under this section may, in particular—

a

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

b

make provision for payment by the National Crime Agency to, or in respect of, the F337the Office or in respect of its Director General.

3

Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.

4

The F338Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

a

the F338Director General has functions by virtue of this section, and

b

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

5

A National Crime Agency officer may disclose information to the F339Director General, or to a person acting on the F340Director General's behalf, for the purposes of the exercise by the F341Director General, or by any person acting on the F340Director General's behalf, of an NCA complaints function.

6

The F342Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

a

by virtue of this section, or

b

under the Parliamentary Commissioner Act 1967.

7

Regulations under this section may, in particular, make—

a

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

b

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

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.

8

Except as provided for in regulations under this section, that Schedule to that Act does not apply to—

a

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

b

the further disclosure of information so disclosed.

9

In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General F343of the National Crime Agency or any other National Crime Agency officer.

26DF173Labour abuse prevention officers

1

The Secretary of State may make regulations conferring functions on the F344Director General in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “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)).

2

Regulations under this section may, in particular—

a

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

b

make provision for payment by the Authority to, or in respect of, the F345Office or in respect of the Director General.

3

The F344Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

a

the F344Director General has functions by virtue of this section, and

b

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

4

An officer of the Authority may disclose information to the F344Director General, or to a person acting on the F346Director General's behalf, for the purposes of the exercise by the F344Director General, or by any person acting on the F346Director General's behalf, of an Authority complaints function.

5

The F344Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

a

by virtue of this section, or

b

under the Parliamentary Commissioner Act 1967.

6

Regulations under this section may, in particular, make—

a

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

b

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

7

In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.

C33C34C35C36C5327 Conduct of the F347Office's staff

1

The Secretary of State shall by regulations make provision for the manner in which the following cases are to be handled or dealt with—

a

cases in which allegations of misconduct are made against members of the F347Office's staff; and

b

cases in which there is otherwise an indication that there may have been misconduct by a member of the F347Office's staff.

2

Regulations under this section may apply, with such modifications as the Secretary of State thinks fit, any provision made by or under this Part.

3

Regulations under this section may provide 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 specified in the regulations.

4

Before making any regulations under this section the Secretary of State shall consult with the F348Office and the Director General.

Transitional provisions

F34928 Transitional arrangements connected with establishing the Commission etc.

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

28AF124Application of Part 2 to old cases

1

The F350Director General may, if F351the Director General considers that there are exceptional circumstances—

a

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

b

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

2

A “pre-commencement matter” means a matter which—

a

is a complaint or a conduct matter,

b

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

c

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

3

“Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).

4

The F350Director General may, if F352the Director General considers that there are exceptional circumstances, direct that a matter to which subsection (5) applies should be treated as a conduct matter or a DSI matter.

5

This subsection applies to a matter which—

a

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

b

has been the subject of a relevant complaint, and

c

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

6

“Relevant complaint” means—

a

a complaint made before 1 April 2004, or

b

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

7

Where under subsection (1)(a) the F350Director General directs that a relevant transitional provision does not apply in relation to a pre-commencement matter, that provision does not apply in relation to that matter.

8

The appropriate authority must comply with a direction under subsection (1)(b).

9

Where under subsection (4) the F350Director General directs that a matter should be treated as a conduct matter or a DSI matter, the matter is (subject to any regulations under subsection (10)) to be treated as a conduct matter or a DSI matter for the purposes of this Part (including subsections (1) and (2)) and any provision made under it.

10

The Secretary of State may by regulations provide for this Part or any provision made under it to apply with such modifications as the Secretary of State thinks fit to a matter in relation to which the F350Director General has made a direction under subsection (1) or (4).

Interpretation of Part 2

C3729C60C55 Interpretation of Part 2

1

In this Part—

  • F65“the appropriate authority”—

    1. a

      in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—

      1. i

        if that person is F110the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and

      2. ii

        if he is not F111the chief officer or an acting chief officer, the chief officer under whose direction and control he is; F230...

    2. aa

      F231in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and

    3. b

      in relation to a death or serious injury matter, means—

      1. i

        if the relevant officer is F112the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; and

      2. ii

        if he is not F113the chief officer or an acting chief officer, the chief officer under whose direction and control he is;

        F114and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

  • “chief officer” means the chief officer of police of any police force;

  • F353...

  • “complainant” shall be construed in accordance with subsection (2);

  • “complaint” has the meaning given by section 12;

  • “conduct” includes acts, omissionsF121, statements and decisions (whether actual, alleged or inferred);

  • “conduct matter” has the meaning given by section 12;

  • F66“death or serious injury matter” and “DSI matter” have the meaning given by section 12;

  • F354“the Director General” means (unless otherwise specified) the Director General of the Office;

  • “disciplinary proceedings” means—

    1. a

      in relation to a member of a police force or a special constable, proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations; and

    2. b

      in relation to a person serving with the police who is not a member of a police force or a special constable, proceedings identified as such by regulations made by the Secretary of State for the purposes of this Part;

  • “document” means anything in which information of any description is recorded;

  • “information” includes estimates and projections, and statistical analyses;

  • F235...

  • F355“the Office” means the Independent Office for Police Conduct;

  • “person complained against”, in relation to a complaint F232that relates to conduct of a person serving with the police, means the person whose conduct is the subject-matter of the complaint;

  • “recordable conduct matter” means (subject to any regulations under section 23(2)(d))—

    1. a

      a conduct matter that is required to be recorded by the appropriate authority under paragraph 10 F228, 11 or 13A of Schedule 3 or has been so recorded; or

    2. aa

      F127a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded;

    3. b

      F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “relevant force”, in relation to the appropriate authority, means—

    1. a

      F115if that authority is a local policing body, the police force which the body is responsible for maintaining; and

    2. b

      if that authority is the chief officer of police of a police force, his force;

  • F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;

  • “serving with the police”, in relation to any person, shall be construed in accordance with section F17012(7) to (10) .

F671A

In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section F17112(7) to (10) )—

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, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.

1B

Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.

2

References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references—

F233a

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

b

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;

but where any person is acting on another’s behalf for the purposes of any complaint or purported complaint, anything that is to be or may be done under this Part by or in relation to the complainant may be done, instead, by or in relation to the person acting on the complainant’s behalf.

3

Subject to subsection (4), references in this Part, in relation to any conduct or anything purporting to be a complaint about any conduct, to a member of the public include references to any person falling within any of the following paragraphs (whether at the time of the conduct or at any subsequent time)—

a

a person serving with the police;

F166ca

a National Crime Agency officer; or

d

a person engaged on relevant service, within the meaning of section 97(1)(a) F68... or (d) of the 1996 Act F69(temporary service of various kinds).

4

In this Part references, in relation to any conduct or to anything purporting to be a complaint about any conduct, to a member of the public do not include references to—

a

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

b

a person who—

i

at the time when the conduct is supposed to have taken place, in relation to him, or

ii

at the time when he is supposed to have been adversely affected by it, or to have witnessed it,

was on duty in his capacity as a person falling within subsection (3)(a) to (d).

F2344A

In this Part references, in relation to anything purporting to be a complaint other than a complaint about any conduct, to a member of the public include references to any person falling within subsection (3)(a) to (d) other than a person who is—

a

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

b

a civilian employee of that police force,

c

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

d

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.

5

For the purposes of this Part a person is adversely affected if he suffers any form of loss or damage, distress or inconvenience, if he is put in danger or if he is otherwise unduly put at risk of being adversely affected.

6

References in this Part to the investigation of any complaint or matter by the appropriate authority on its own behalf, F236... under the F237direction of the F356Director General or by the F356Director GeneralF357... shall be construed as references to its investigation in accordance with paragraph 16, F238... 18 or, as the case may be, 19 of Schedule 3.

7

The Commissioner of Police for the City of London shall be treated for the purposes of this Part as if he were a member of the City of London police force.

F2298

References in sections 26, 26BA and 26C to England and Wales include the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.