C8C9C12C11C13C10C7C1C2C3C5C6Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C8

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)

C9

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))

C12

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

C10

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))

C7

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)

C1

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

C6

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

Co-operation, assistance and information

C416C9C12 Payment for assistance with investigations

1

This section applies where—

a

one police force is required to provide assistance to another in connection with an investigation under this Part; or

b

a police force is required to provide assistance F15to the F23Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.

2

For the purposes of this section—

a

assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

F21ai

an investigation of a complaint where the complainant expressed dissatisfaction with the other force,

F1i

an investigation F8of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and

b

assistance is required to be provided F7by a police force (“the assisting force”) to the F23Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

F9ai

an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,

F2i

an investigation F12of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, F16...

ii

an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that forceF4, or

iii

a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.

3

Where the assistance is required to be provided by one police force to another, the F10local policing body maintaining that other police force shall pay to the F10local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between them; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F20local policing bodies generally; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

c

in the absence of any such arrangements, as may be determined by the Secretary of State.

4

Where the assistance is required to be provided by a police force to the F23Director General, F17Office shall pay to the F19local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

a

as may be agreed between the F23Director General and F5that body; or

b

in the absence of an agreement, as may be determined in accordance with any arrangements which—

i

have been agreed to by F13local policing bodies generally and by the F23Director General; and

ii

are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the F23Director General; or

c

in the absence of any such arrangements, as may be determined by the Secretary of State.

F35

In this section (subject to subsection (6))—

a

references to a police force and to a F14local policing body maintaining a police force include references to the F11National Crime Agency; and

b

in relation to that Agency, references to the chief officer are references to the Director General F22of that Agency.

6

This section shall have effect in relation to cases in which assistance is required to be provided by the F6National Crime Agency as if—

a

the reference in subsection (3)(b) to F18local policing bodies generally included a reference to the Agency; and

b

the reference in subsection (4)(b) to F18local policing bodies generally were a reference to the Agency.

7

This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.