C7C9C8C10C11C13C12C14C2C3C4C5C6Part 2Complaints and Misconduct
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))
Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27
Pt. 2 applied (with modifications) (9.8.2013) by The Police (Complaints and Misconduct)(Old Cases) Regulations 2013 (S.I. 2013/1778), regs. 1(1), 2
Pt. 2 modified (8.4.2015) by The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015 (S.I. 2015/431), regs. 1, 4, Sch.
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))
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)
Pt. 2 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))
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
Pt. 2 (ss. 9-29) applied (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), reg. 28
Pt. 2 (ss. 9-29) excluded (1.4.2004) by The Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671), arts. 2(2), 3
Pt. 2 (ss. 9-29) excluded (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), regs. 3(7), 8, 9
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
Handling of complaints F3, conduct matters and DSI mattersetc.
Words in s. 13 cross-heading substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 4(a); S.I. 2005/1521, art. 3(1)(w)
I1C113C9C8 Handling of complaintsF1, conduct matters and DSI mattersetc.
13AF6Local 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.
13BF7Power of the F9Director General to require re-investigation
1
This section applies where—
a
b
a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the F8Director General has been submitted to F10the Director GeneralF11(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
3
Where the F8Director General makes a determination under subsection (2), F13the Director General must determine that the re-investigation is to take the form of an investigation by the F8Director General unless subsection (4) applies, in which case the F8Director General must determine that the re-investigation is to take the form described in that subsection.
4
5
Where—
a
b
at any time after that the F8Director General determines that subsection (4) applies in relation to the re-investigation,
6
Where the F8Director 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 F8Director General, the F8Director General must keep under review whether subsection (4) continues to apply in relation to the re-investigation.
7
If, on such a review, the F8Director General Director General determines that subsection (4) no longer applies in relation to a re-investigation, the F8Director 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 F8Director 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
11
The F8Director General shall also notify the following of any determination that F16the Director General makes under this section and of F17the 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 F8Director 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.
F414 Direction and control matters
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)