- Latest available (Revised)
- Point in Time (19/12/2012)
- Original (As enacted)
Version Superseded: 07/10/2013
Point in time view as at 19/12/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Police Reform Act 2002, Section 10.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The functions of the Commission shall be—
(a)to secure the maintenance by the Commission itself, and by [F1local 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 Commission of its other functions, to be necessary or desirable; F2. . .
(f)to such extent as it may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F3. . . bodies of constables maintained otherwise than by [F4local policing bodies] which broadly correspond to those conferred on the Commission in relation to police forces by the preceding paragraphs of this subsection[F5; F6. . .
(g)to carry out functions in relation to the Serious Organised Crime Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (e) of this subsection][F7; and
(h)to carry out functions in relation to the National Policing Improvement Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (e) of this subsection.]
(2)Those matters are—
(a)the handling of complaints made about the conduct of persons serving with the police;
(b)the recording of matters from which it appears that there may have been conduct by such persons which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;
[F8(ba)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 or any such matters as are mentioned in paragraph (b) [F9or (ba)] are investigated or otherwise handled and dealt with.
(3)The Commission shall also have the functions which are conferred on it by—
(a)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)any agreement or order under section 26 of this Act (other bodies of constables);
[F11(ba)any agreement under section 26A of this Act (Serious Organised Crime Agency);]
[F12(bb)any agreement under section 26B of this Act (National Policing Improvement Agency);]
(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 [F14local policing body] .
(4)It shall be the duty of the Commission—
(a)to exercise the powers and perform the duties conferred on it by the following provisions of this Part in the manner that it considers best calculated for the purpose of securing the proper carrying out of its 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 Commission has functions.
(5)It shall also be the duty of the Commission—
(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 Commission 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 Commission to be appropriate, for facilitating the carrying out by those inspectors of their functions.
(6)Subject to the other provisions of this Part, the Commission may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.
(7)The Commission 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)its function under subsection (1)(e), F15. . .
(b)any corresponding function conferred on it by virtue of subsection (1)(f),[F16 or
(c)its function under subsection (1)(g) [F17or (h)],]
impose any such charge on that person for anything done by the Commission for the purposes of, or in connection with, the carrying out of that function as it thinks fit.
F18(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F19(9)Nothing in this Part shall confer any function on the Commission in relation to so much of any complaint, conduct matter or DSI matter as relates to—
(a)any functions of the Serious Organised Crime Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets); or
(b)the functions of the National Policing Improvement Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).]
Textual Amendments
F1Words in s. 10(1)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 278(2); S.I. 2011/3019, art. 3, Sch. 1
F2Word in s. 10(1)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))
F3Words in s. 10(1)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(2)(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))
F4Words in s. 10(1)(f) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 278(2); S.I. 2011/3019, art. 3, Sch. 1
F5S. 10(1)(g) and preceding word inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(2)(c); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))
F6Word in s. 10(1) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (subject to arts. 6, 7)
F7S. 10(1)(h) and preceding word inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(2); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)
F8S. 10(2)(ba) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 2(2); S.I. 2005/1521, art. 3(1)(w)
F9Words in s. 10(2)(c) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 2(3); S.I. 2005/1521, art. 3(1)(w)
F10S. 10(3)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(3)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))
F11S. 10(3)(ba) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(3)(b); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))
F12S. 10(3)(bb) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(3); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)
F13Words in s. 10(3)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(3)(c), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))
F14Words in s. 10(3)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 278(3); S.I. 2011/3019, art. 3, Sch. 1
F15Word in s. 10(7)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 3(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))
F16S. 10(7)(c) and preceding word inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 3(4); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))
F17Words in s. 10(7)(c) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 82(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)
F18S. 10(8) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 6(a); S.I. 2012/2892, art. 2(g) (with art. 6)
F19S. 10(9) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94, Sch. 8 para. 160; S.I. 2008/755, art. 2(1)(a) (subject to arts. 3-14)
Modifications etc. (not altering text)
C1S. 10 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1
C2S. 10(7) applied (with modifications) (16.1.2012) by The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 (S.I. 2012/62), regs. 1, 3(5) (with reg. 3(6))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: