C1C2C3C4C5Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
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

C5

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

16AF1Investigations: National Policing Improvement Agency involvement

1

Where a police authority or chief officer requires the NPIA and its chief executive to provide a member of the NPIA's staff who is a constable for appointment under paragraph 16, 17 or 18 of Schedule 3, it shall be the duty of the NPIA and its chief executive to comply with the requirement.

2

It shall be the duty of the NPIA and its chief executive to ensure that a person appointed under paragraph 16, 17 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.

3

It shall be the duty of the NPIA and its chief executive to provide the Commission and every member of the Commission's staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying-out of any investigation by the Commission under this Part.

4

Where the person who requires assistance and co-operation under subsection (2) is a person serving with the police, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the chief officer of the force to which that person belongs.

5

Where the person who requires assistance and co-operation under subsection (2) is a member of the staff of the Serious Organised Crime Agency, the NPIA and its chief executive may be required to give that assistance and co-operation only with the approval of the Director General of the Serious Organised Crime Agency.

6

Subsection (7) applies where the NPIA and its chief executive comply with a requirement under subsection (1) or (2) that is made in connection with—

a

an investigation relating to the conduct of a person who, at the time of the conduct, was a member of a police force; or

b

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 a police force.

7

The police authority maintaining the police force mentioned in subsection (6)(a) or (b) shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—

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 police authorities generally and by the NPIA, and

ii

are for the time being in force with respect to the making of contributions towards the costs of compliance by the NPIA and its chief executive with requirements of the kind mentioned in subsection (6); or

c

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

8

Where the NPIA and its chief executive comply with a requirement under subsection (3), the Commission shall pay to the NPIA such contribution (if any) towards the costs of compliance with the requirement—

a

as may be agreed between the Commission and the NPIA; or

b

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

i

have been agreed to by the Agency and by the Commission, and

ii

are for the time being in force with respect to the making of contributions towards the costs of compliance by the NPIA and its chief executive with requirements under subsection (3); or

c

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

9

In this section “the NPIA” means the National Policing Improvement Agency.