Armed Forces Act 2006

[F1 340P Complaints, misconduct etc U.K.

(1) The Secretary of State may by regulations make, in relation to the Service Police Complaints Commissioner (established under section 365BA), service police forces and the tri-service serious crime unit, provision corresponding (with or without modifications) to any provision of or made under Part 2 of the Police Reform Act 2002 (complaints and misconduct) except for section 19 of that Act (but see subsections (4) to (6)).

(2) For the purposes of subsection (1), section 105(5) of the Police Reform Act 2002 (power to provide for matters to be determined by Director General of the Independent Office for Police Conduct) is treated as included in Part 2 of that Act.

(3) If regulations under subsection (1) include provision corresponding (with or without modifications) to section 10(5) of the Police Reform Act 2002 (general functions of Director General), the regulations may also provide for subsection (2D) of section 54 of the Police Act 1996 (functions of inspectors of constabulary) to apply (with or without modifications) in relation to the Service Police Complaints Commissioner as that subsection applies in relation to the Director General of the Independent Office for Police Conduct.

(4) The Secretary of State may by regulations make such provision as the Secretary of State thinks appropriate for the purpose of authorising—

(a) the use of directed and intrusive surveillance, and

(b) the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the Service Police Complaints Commissioner’s functions.

(5) Regulations under subsection (4) may, for the purposes of or in connection with any such provision as is mentioned in subsection (4), make amendments that the Secretary of State thinks appropriate to—

(a) Parts 2 and 4 of the Regulation of Investigatory Powers Act 2000 (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

(b) Part 3 of the Police Act 1997 (authorisations in respect of property).

(6) Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.]

Textual Amendments

F1 Pt. 14B inserted (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2