Police Reform Act 2002

Investigations supervised by the Commission E+W

17 (1) This paragraph applies where the Commission has determined that it should supervise the investigation by the appropriate authority of any complaint [F1 , recordable conduct matter or DSI matter] .

(2) On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—

(a) a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

[F2 (b) a member of the staff of the Serious Organised Crime Agency,[F3 or

(c) a member of the staff of the National Policing Improvement Agency who is a constable,]]

to investigate the complaint or matter.

(3) The Commission may require that no appointment is made under sub-paragraph (2) unless it has given notice to the appropriate authority that it approves the person whom that authority proposes to appoint.

(4) Where a person has already been appointed to investigate the complaint or matter, or is selected under this sub-paragraph for appointment, and the Commission is not satisfied with that person, the Commission may require the appropriate authority, as soon as reasonably practicable after being required to do so—

(a) to select another person falling within sub-paragraph (2)(a) [F4 , (b) or (c)] to investigate the complaint or matter; and

(b) to notify the Commission of the person selected.

(5) Where a selection made in pursuance of a requirement under sub-paragraph (4) has been notified to the Commission, the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the Commission notifies the authority that it approves the appointment of that person.

(6) A person appointed under this paragraph to investigate any complaint or [F5 conduct matter]—

(a) in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and

(b) in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

[F6 (6A) The person appointed under this paragraph to investigate any DSI matter—

(a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

(b) in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.]

(7) The person appointed to investigate the complaint or matter shall comply with all such requirements in relation to the carrying out of that investigation as may, in accordance with regulations made for the purposes of this sub-paragraph by the Secretary of State, be imposed by the Commission in relation to that investigation.

Textual Amendments

F1 Words in Sch. 3 para. 17(1) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 15(2); S.I. 2005/1521, art. 3(1)(w)

F2 Sch. 3 para. 17(2)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 11(3); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

F3 Sch. 3 para. 17(2)(c) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 89(3); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F4 Words in Sch. 3 para. 17(4) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 89(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F5 Words in Sch. 3 para. 17(6) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 15(3); S.I. 2005/1521, art. 3(1)(w)

F6 Sch. 3 para. 17(6A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 15(4); S.I. 2005/1521, art. 3(1)(w)

Modifications etc. (not altering text)

C1 Sch. 3 para. 17 applied (with modifications) (E.W.) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3

Commencement Information

I1 Sch. 3 para. 17 wholly in force at 1.4.2004; Sch. 3 para. 17 not in force at Royal Assent see s. 108(2); Sch. 3 para. 17 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 17 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)