C7C8C11C10C12C9C6C1C2C3C4C5Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C7

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)

C8

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))

C11

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

C9

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))

C6

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)

C1

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

C5

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

Transitional provisions

F528 Transitional arrangements connected with establishing the Commission etc.

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28AF4Application of Part 2 to old cases

1

The F3Director General may, if F1the 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 F3Director General may, if F2the 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 F3Director 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 F3Director 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 F3Director General has made a direction under subsection (1) or (4).