Part 2U.K.Complaints and Misconduct

Modifications etc. (not altering text)

C1Pt. 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)

C2Pt. 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))

C3Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C6Pt. 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))

C7Pt. 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)

C9Pt. 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

C13Pt. 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

Co-operation, assistance and informationU.K.

15 General duties of [F1local policing bodies], chief officers and inspectorsU.K.

(1)It shall be the duty of—

(a)every [F2local policing body] maintaining a police force,

(b)the chief officer of police of every police force, and

(c)every inspector of constabulary carrying out any of his functions in relation to a police force,

to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).

[F3(1A)It shall be the duty of the [F4National Crime Agency] to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).]

F5(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Those matters are—

(a)matters with respect to which any provision of this Part has effect;

(b)anything which is done under or for the purposes of any such provision; and

(c)any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.

[F6(2A)Subsection (2B) applies in a case where it appears to a local policing body that—

(a)an obligation to act or refrain from acting has arisen by or under this Part,

(b)that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and

(c)the chief officer has not yet complied with that obligation, or has contravened it.

(2B)The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.

(2C)The chief officer must comply with any direction given under subsection (2B).]

(3)Where—

(a)a [F7local policing body] maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16F8... or 18 of Schedule 3,

(b)the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or

[F9(c)a [F10local policing body] or chief officer requires the Director General of the [F11National Crime Agency] to provide a [F12National Crime Agency officer] for appointment under any of those paragraphs,]

it shall be the duty of the chief officer [F13to whom the requirement is addressed or of the Director General] [F14of the Agency] to comply with it.

(4)It shall be the duty of—

(a)every [F15local policing body] maintaining a police force,

(b)the chief officer of police of every police force, [F16 and]

[F17(c)the [F18National Crime Agency],]

to provide the [F19Director General] and every member of the [F20Office's] staff with all such assistance as the [F19Director General] or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the [F19Director General] under this Part [F21or any review under paragraph 25 of Schedule 3].

(5)It shall be the duty of—

(a)every [F22local policing body] maintaining a police force,

(b)the chief officer of every police force, [F23and]

[F24(c)the [F25National Crime Agency],]

to ensure that a person appointed under paragraph 16F26... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require

(6)The duties imposed by subsections (4) and (5) on a [F27local policing body] maintaining a police force and on the chief officer of such a force and on [F28the [F29National Crime Agency]] have effect—

(a)irrespective of whether the investigation [F30or review (as the case may be)] relates to the conduct of a person who is or has been a member of that force or [F31a [F32a National Crime Agency officer]]; F33...

(b)[F34in the case of an investigation,] irrespective of who has the person appointed to carry out the investigation under his direction and control; [F35and

(c)in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control;]

but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs F36 . . . .

(7)In subsection (6) “third force”, in relation to an investigation, means a police force other than—

(a)the force to which the person carrying out the investigation belongs; or

(b)the force to which the person whose conduct is under investigation belonged at the time of the conduct;

[F37 and where the person whose conduct is under investigation was a [F38National Crime Agency officer] at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.]

[F39(8)Where the person who requires assistance and co-operation under subsection (5) is a [F40National Crime Agency officer], a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

F41(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42(8B)In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.]

(9)Where—

(a)the person carrying out an investigation is not a [F43National Crime Agency officer]; and

(b)the person whose conduct is under investigation was not a [F44National Crime Agency officer] at the time of the conduct,

[F45the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.]]

[F46(10)In subsection (9) “the relevant directing officer”—

(a)in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; F47...

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F6S. 15(2A)-(2C) inserted (16.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 7; S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(g) (with art. 6)

F8Word in s. 15(3)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(a)(i); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F14Words in s. 15(3) inserted (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. 21(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F19Words in s. 15(4) 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. 21(3)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F20Word in s. 15(4) 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. 21(3)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F21Words in s. 15(4) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 42(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F26Word in s. 15(5) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(a)(ii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F30Words in s. 15(6)(a) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 42(b)(i); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F33Word in s. 15(6)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 42(b)(ii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F34Words in s. 15(6)(b) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 42(b)(iii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F35S. 15(6)(c) and word inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 42(b)(iv); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F42S. 15(8A)(8B) substituted for words in s. 15(8) (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 84(3); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F45Words in s. 15(9) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 84(4); S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F47Word in s. 15(10)(a) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 11(11); S.I. 2013/1682, art. 3(q)

Modifications etc. (not altering text)