19(1)This paragraph applies where the Commission has determined that it should itself carry out the investigation of a complaint [F1, recordable conduct matter or DSI matter].E+W
(2)The Commission shall designate both—
(a)a member of the Commission’s staff to take charge of the investigation on behalf of the Commission, and
(b)all such other members of the Commission’s staff as are required by the Commission to assist him.
(3)The person designated under sub-paragraph (2) to be the person to take charge 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 to be so designated under that sub-paragraph.
[F2(3A)The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter 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 to be so designated under that sub-paragraph.]
(4)A member of the Commission’s staff who—
(a)is designated under sub-paragraph (2) in relation to any investigation, but
(b)does not already, by virtue of section 97(8) of the 1996 Act, have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,
shall, for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.
(5)A member of the Commission’s staff who is not a constable shall not, as a result of sub-paragraph (4), be treated as being in police service for the purposes of—
(a)section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”); or
(b)section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of that Act not to apply to persons in police service).
(6)The Secretary of State may by order [F3provide that—
(a)such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order, and
(b)such provisions of a code of practice under section 60, 60A or 66 of that Act as may be so specified,
shall apply.]
[F4(6A)An order under sub-paragraph (6) may, in particular, provide that where a provision applied by the order allows a power to be exercised only if an authorisation is given by a police officer of or above a particular rank, the authorisation may be given by a member of the Commission's staff of or above a specified grade.]
(7)References in this paragraph to the powers and privileges of a constable—
(a)are references to any power or privilege conferred by or under any enactment (including one passed after the passing of this Act) on a constable; and
[F5(aa)a body required by section 26BA to enter into an agreement with the Commission, or]
(b)shall have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this sub-paragraph).
(8)In this paragraph “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.
Textual Amendments
F1Words in Sch. 3 para. 19(1) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 17(2); S.I. 2005/1521, art. 3(1)(w)
F2Sch. 3 para. 19(3A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 17(3); S.I. 2005/1521, art. 3(1)(w)
F3Words in Sch. 3 para. 19(6) substituted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 136(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)
F4Sch. 3 para. 19(6A) inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 136(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)
F5Sch. 3 para. 19(7)(aa) inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)
Modifications etc. (not altering text)
C1Sch. 3 para. 19 applied (with modifications) (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
C2Sch. 3 para. 19(4)(5)(7)(8) applied (with modifications) (16.1.2012) by The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 (S.I. 2012/62), regs. 1, 20(3) (with reg. 3(6))
Commencement Information
I1Sch. 3 para. 19 wholly in force at 1.4.2004; Sch. 3 para. 19 not in force at Royal Assent see s. 108(2); Sch. 3 para. 19 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 19 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)