2(1)This paragraph applies to—E+W
(a)serious complaints, and
(b)conduct matters,
which relate to any relevant office holder.
(2)Regulations must provide for serious complaints and conduct matters to be investigated—
(a)by the [F1Director General of the Independent Office for Police Conduct], or
(b)by a police force, in an investigation that is under the management of the [F1Director General of the Independent Office for Police Conduct].
(3)This paragraph does not prevent regulations from making provision about the receipt or initial handling of serious complaints or conduct matters otherwise than by the [F1Director General of the Independent Office for Police Conduct] or a police force.
(4)This paragraph does not prevent regulations from making provision about—
(a)circumstances in which serious complaints or conduct matters are not to be investigated; and
(b)circumstances in which investigations of serious complaints or conduct matters are to be discontinued;
including provision about the determination of such matters (whether by the [F1Director General of the Independent Office for Police Conduct], a police force or otherwise).
(5)Regulations may make provision about what is to be taken to be a criminal offence for the purposes of sub-paragraph (6).
(6)In this paragraph “serious complaint” means a qualifying complaint made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence.
Textual Amendments
F1Words in Sch. 7 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. 73(3); S.I. 2017/1249, reg. 2 (with reg. 3)
Commencement Information
I1Sch. 7 para. 2 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)