- Latest available (Revised)
- Point in Time (12/07/2016)
- Original (As enacted)
Version Superseded: 31/01/2017
Point in time view as at 12/07/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Police Reform Act 2002, Section 22.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Commission may issue guidance—
(a)to [F1local policing bodies] ,
(b)to chief officers, and
(c)to persons who are serving with the police otherwise than as chief officers,
concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).
(2)Those powers and duties are—
(a)those that are conferred or imposed by or under this Part; and
(b)those that are otherwise conferred or imposed but relate to—
(i)the handling of complaints;
(ii)the means by which recordable conduct matters [F2or DSI matters] are dealt with; or
(iii)the detection or deterrence of misconduct by persons serving with the police.
(3)Before issuing any guidance under this section, the Commission shall consult with—
[F3[F4(a)such persons as appear to the Commission to represent the views of police and crime commissioners;
(aa)the Mayor's Office for Policing and Crime;
(ab)the Common Council;]
(b)the Association of Chief Police Officers; and]
(c)such other persons as it thinks fit.
(4)The approval of the Secretary of State shall be required for the issue by the Commission of any guidance under this section.
(5)Without prejudice to the generality of the preceding provisions of this section, the guidance that may be issued under this section includes—
(a)guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters [F5or DSI matters] that have not been recorded;
(b)guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter [F6or DSI matter];
(c)guidance about—
(i)how to decide whether a complaint is suitable for being subjected to local resolution; F7...
F8(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)guidance about how to protect the scene of an incident or alleged incident which—
(i)is or may become the subject-matter of a complaint; or
(ii)is or may involve a recordable conduct matter [F6or DSI matter];
(e)guidance about the circumstances in which it is appropriate (where it is lawful to do so)—
(i)to disclose to any person, or to publish, any information about an investigation of a complaint [F9, conduct matter or DSI matter]; or
(ii)to provide any person with, or to publish, any report or other document relating to such an investigation;
(f)guidance about the matters to be included in a memorandum under paragraph 23 or 25 of Schedule 3 and about the manner in which, and the place at which, such a memorandum is to be delivered to the Commission.
(6)Nothing in this section shall authorise the issuing of any guidance about a particular case.
(7)It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in exercising or performing the powers and duties to which the guidance relates.
(8)A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.
Textual Amendments
F1Words in s. 22(1)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 287(2); S.I. 2011/3019, art. 3, Sch. 1
F2Words in s. 22(2)(b)(ii) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 8(2); S.I. 2005/1521, art. 3(1)(w)
F3S. 22(3)(a)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 6, 53, Sch. 4 para. 11; S.I. 2007/709, art. 3(d) (subject to arts. 6, 7)
F4S. 22(3)(a)-(ab) substituted for s. 22(3)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 287(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 65)
F5Words in s. 22(5)(a) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 8(3)(a); S.I. 2005/1521, art. 3(1)(w)
F6Words in s. 22(5)(b)(d)(ii) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 8(3)(b); S.I. 2005/1521, art. 3(1)(w)
F7Word in s. 22(5)(c)(i) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 9(3); S.I. 2012/2892, art. 2(g) (with art. 6)
F8S. 22(5)(c)(ii) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 9(3); S.I. 2012/2892, art. 2(g) (with art. 6)
F9Words in s. 22(5)(e)(i) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 8(3)(c); S.I. 2005/1521, art. 3(1)(w)
Modifications etc. (not altering text)
C1S. 22 applied (with modifications) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1
C2S. 22 applied (with modifications) (5.8.2009) by The UK Border Agency (Complaints and Misconduct) Regulations 2009 (S.I. 2009/2133), reg. 4
C3S. 22 applied (with modifications) (7.4.2010) by The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782), reg. 4
C4S. 22 applied (with modifications) (5.8.2010) by The Revenue and Customs (Complaints and Misconduct) Regulations 2010 (S.I. 2010/1813), reg. 5 (with reg. 11)
C5S. 22 applied (with modifications) (16.1.2012) by The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 (S.I. 2012/62), regs. 1, 4 (with reg. 3(6))
C6S. 22 applied (with modifications) (7.10.2013) by The National Crime Agency (Complaints and Misconduct) Regulations 2013 (S.I. 2013/2325), regs. 1(1), 5
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: