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
C4Pt. 2 applied (with modifications) (9.8.2013) by The Police (Complaints and Misconduct)(Old Cases) Regulations 2013 (S.I. 2013/1778), regs. 1(1), 2
C5Pt. 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
C6Pt. 2 (ss. 9-29) applied (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), reg. 28
C7Pt. 2 (ss. 9-29) excluded (1.4.2004) by The Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671), arts. 2(2), 3
C8Pt. 2 (ss. 9-29) excluded (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), regs. 3(7), 8, 9
C9Pt. 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
(1)There shall be a body corporate to be known as the Independent Police Complaints Commission (in this Part referred to as “the Commission”).
(2)The Commission shall consist of—
(a)a chairman appointed by Her Majesty; and
(b)not less than [F1five ] other members appointed by the Secretary of State.
(3)A person shall not be appointed as the chairman of the Commission, or as another member of the Commission, if—
(a)he holds or has held office as a constable in any part of the United Kingdom;
(b)he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;
(c)he is a person in relation to whom a designation under section 39 is or has been in force;
(d)he is a person in relation to whom an accreditation under section 41 [F2or 41A] is or has been in force;
[F3(da)he F4... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;]
(i)the chairman or chief executive of, or
(ii)another member of, or
(iii)another member of the staff of,
the National Policing Improvement Agency;]
[F7(dc)the person is, or has been, a National Crime Agency officer;]
(e)he F8. . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or
(f)he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—
(i)section 26 of this Act; or
(ii)section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).
(4)An appointment made in contravention of subsection (3) shall have no effect.
(5)The Commission shall not—
(a)be regarded as the servant or agent of the Crown; or
(b)enjoy any status, privilege or immunity of the Crown;
and the Commission’s property shall not be regarded as property of, or property held on behalf of, the Crown.
(6)Schedule 2 (which makes further provision in relation to the Commission) shall have effect.
(7)The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.
Textual Amendments
F1Word in s. 9(2)(b) substituted (15.11.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 2; S.I. 2011/2515, art. 3(f)
F2Words in s. 9(3)(d) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 40; S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F3S. 9(3)(da) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 2(a); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))
F4Words in s. 9(3)(da) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 153(1)(a); S.I. 2013/1682, art. 3(v)
F5S. 9(3)(db) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 81; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)
F6Words in s. 9(3)(db) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 153(1)(b); S.I. 2013/1682, art. 3(v)
F7S. 9(3)(dc) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 153(1)(c); S.I. 2013/1682, art. 3(v)
F8Words in s. 9(3)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 174, 178, Sch. 2 para. 2(b), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 8, 12, 13(oo) (subject to art. 4(2)-(7))
Modifications etc. (not altering text)
C10S. 9 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1
C11S. 9 applied (with modifications) (5.8.2009) by The UK Border Agency (Complaints and Misconduct) Regulations 2009 (S.I. 2009/2133), reg. 4
C12S. 9 applied (with modifications) (7.4.2010) by The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782), reg. 4
C13S. 9 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)
C14S. 9 applied (with modifications) (7.10.2013) by The National Crime Agency (Complaints and Misconduct) Regulations 2013 (S.I. 2013/2325), regs. 1(1), 5
Commencement Information
I1S. 9 wholly in force at 1.4.2003; s. 9 not in force at Royal Assent, see s. 108(2); s. 9(2)-(4)(6) in force for certain purposes at 1.10.2002 by S.I. 2002/2306,{art. 2(b)(i)}; s. 9 in force in so far as not already in force at 1.4.2003 by S.I. 2003/808, art. 2(a)