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.

16 Payment for assistance with investigationsU.K.

(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 [F1to the [F2Director 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

[F3(ai)an investigation of a complaint where the complainant expressed dissatisfaction with the other force,]

[F4(i)an investigation [F5of 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 [F6by a police force (“the assisting force”) to the [F2Director 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

[F7(ai)an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,]

[F8(i)an investigation [F9of 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, F10...

(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 force][F11, 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 [F12local policing body] maintaining that other police force shall pay to the [F12local 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 [F13local 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 [F2Director General], [F14Office] shall pay to the [F15local policing body] maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a)as may be agreed between the [F2Director General] and [F16that 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 [F17local policing bodies] generally and by the [F2Director 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 [F2Director General]; or

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

[F18(5)In this section (subject to subsection (6))—

(a)references to a police force and to a [F19local policing body] maintaining a police force include references to the [F20National Crime Agency]; and

(b)in relation to that Agency, references to the chief officer are references to the Director General [F21of that Agency].

(6)This section shall have effect in relation to cases in which assistance is required to be provided by the [F22National Crime Agency] as if—

(a)the reference in subsection (3)(b) to [F23local policing bodies] generally included a reference to the Agency; and

(b)the reference in subsection (4)(b) to [F23local 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.

Textual Amendments

F1Words in s. 16(1)(b) substituted (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. 43(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F2Words in s. 16 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. 22(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F3S. 16(2)(a)(ai) 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. 4 para. 3(2)(a); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F5Words in s. 16(2)(a)(i) 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. 4 para. 3(2)(b); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F6Words in s. 16(2)(b) substituted (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. 43(b)(i); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F7S. 16(2)(b)(ai) 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. 4 para. 3(3)(a); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F9Words in s. 16(2)(b)(i) 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. 4 para. 3(3)(b); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))

F10Word in s. 16(2)(b)(i) 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. 43(b)(ii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F11S. 16(2)(b)(iii) 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. 43(b)(iii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F14Word in s. 16(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. 22(3); S.I. 2017/1249, reg. 2 (with reg. 3)

F21Words in s. 16(5)(b) 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. 22(4); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications etc. (not altering text)