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The Independent Police Complaints Commission (Forces Maintained Otherwise than by Police Authorities) Order 2004

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Statutory Instruments

2004 No. 672

POLICE, ENGLAND AND WALES

The Independent Police Complaints Commission (Forces Maintained Otherwise than by Police Authorities) Order 2004

Made

9th March 2004

Laid before Parliament

11th March 2004

Coming into force

1st April 2004

The Secretary of State, having complied with the requirements of section 26(7) of the Police Reform Act 2002(1) and in exercise of the powers conferred on him by sections 26(2) and (6) and 105(4) of that Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Independent Police Complaints Commission (Forces Maintained Otherwise than by Police Authorities) Order 2004 and shall come into force on 1st April 2004.

Ministry of Defence Police

2.  Procedures corresponding to the procedures provided for by or under Part 2 of the Police Reform Act 2002 shall be established and maintained in relation to—

(a)any person nominated by the Secretary of State under section 1(1)(a) of the Ministry of Defence Police Act 1987(2);

(b)any special constable falling within section 1(1)(b) of that Act; and

(c)any person who is employed by the Secretary of State and who is under the direction and control of the chief constable of the Ministry of Defence Police.

British Transport Police Force

3.  Procedures corresponding to the procedures provided for by or under Part 2 of the Police Reform Act 2002 shall be established and maintained in relation to—

(a)any constable of the British Transport Police Force;

(b)any employee of the Strategic Rail Authority who is under the direction and control of the chief constable of that force; and

(c)any special constable of that force.

Hazel Blears

Minister of State

Home Office

9th March 2004

Explanatory Note

(This note is not part of the Order)

This Order is made under section 26 of the Police Reform Act 2002, which imposes a duty on the Secretary of State to secure the maintenance and establishment of procedures corresponding or similar to those made by or under Part 2 of that Act in relation to the Ministry of Defence Police and the British Transport Police Force. This Order accordingly provides that procedures which correspond to Part 2, and to subordinate legislation made under Part 2, are to be established and maintained in relation to those two bodies of constables. This will have the effect that the system of handling complaints, overseen by the Independent Police Complaints Commission, which will apply to the police from 1st April 2004 will also apply to officers, special constables and civilian employees of those two bodies.

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