C7C10C9C11C12C14C13C15C2C3C4C5C6Part 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
F31The Independent Office for Police Conduct
S. 9 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 16; S.I. 2017/1249, reg. 2 (with reg. 3)
C110C14C13 General functions of the F28Director General
1
The functions of the F28Director General shall be—
a
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 F28Director General of F33the Director General's other functions, to be necessary or desirable; F1. . .
f
to such extent as F34the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F2. . . bodies of constables maintained otherwise than by F13local policing bodies which broadly correspond to those conferred on the F28Director General in relation to police forces by the preceding paragraphs of this subsectionF3; F4. . .
g
F21ga
to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).
F19h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Those matters are—
a
b
the recording of matters from which it appears that there may have been conduct by F27persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;
F6ba
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;
3
The F28Director General shall also have the functions which are conferred on F35the Director General by—
a
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any agreement or order under section 26 of this Act (other bodies of constables);
F18bc
any regulations under section 26C of this Act (the National Crime Agency);
F22bd
any regulations under section 26D of this Act (labour abuse prevention officers);
c
any regulations under section 39 of this Act (police powers for contracted-out staff); or
F443A
F233B
4
It shall be the duty of the F28Director General—
a
to exercise the powers and perform the duties conferred on F38the Director General by the following provisions of this Part in the manner that F38the Director General considers best calculated for the purpose of securing the proper carrying out of F39the Director General's 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 F28Director General has functions.
5
It shall also be the duty of the F28Director General—
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 F28Director General 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 F28Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.
F295A
In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).
6
C87
The F30Office may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—
b
F168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)