The Revenue and Customs (Complaints and Misconduct) Regulations 2005

12.—(1) Section 29 shall be modified as follows.

(2) In subsection (1)(1)—

(a) for the definition of “the appropriate authority” substitute the following definition—

• ““the appropriate authority”—

  (a)

  in relation to the Chairman, the Deputy Chairman, a Commissioner or an officer or in relation to any complaint, matter or

  investigation relating to the conduct of such a person, means—

  (i)

  if that person is the Chairman or Deputy Chairman, the Head of the Home Civil Service,

  (ii)

  if that person is a Commissioner, the Chairman, or

  (iii)

  if that person is an officer, the Commissioners” and

  (b)

  in relation to a death or serious injury matter and the relevant officer, means the Commissioners.”;

(b) after the definition of “the appropriate authority” insert—

““the Chairman” means the chairman of the Commissioners”;

(c) after the definition of “the Commission” insert—

““the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;”;

(d) after the definition of “conduct matter” insert—

““the Deputy Chairman” means the Deputy Chairman of the Commissioners”;

(e) for the definition of “disciplinary proceedings” substitute—

““disciplinary proceedings” means any proceedings or management process during which the conduct of the Chairman, Deputy Chairman, a Commissioner or an officer is considered in order to determine whether a sanction or punitive measure should be imposed against him in relation to that conduct;”;

(f) after the definition of “local resolution” insert the following definition—

““officers” means officers of Revenue and Customs;”, and

(g) omit the definitions of “local resolution” “relevant force”, and “senior officer”.

(3) In subsection (1A)(2) for “person serving with the police (within the meaning of section 12(7))” substitute “officer” and for “such person” substitute “such officer”.

(4) In subsection (1B)(3) for “persons serving with the police” substitute “officers”.

(5) Omit subsection (7).

(6) In subsection (3) for the words from “falling within” to the end of that subsection substitute “who is a Commissioner or an officer (whether at the time of the conduct or any subsequent time)”.

(7) In subsection (4)—

(a) for paragraph (a) substitute—

“(a) a person who, at the time when the conduct was supposed to have taken place in relation to him, was a Commissioner or an officer (whether or not he was on duty in his capacity as a Commissioner or officer at that time).”;

(b) omit paragraph (b)(i);

(c) for “person falling within subsection (3)(a) to (d)” substitute “Commissioner or officer”.

(1)

Section 29(1) was amended by paragraph 10 of Schedule 12 to 2005 c. 15.

(2)

Section 29(1A) was inserted by paragraph 10 of Schedule 12 to 2005 c. 15.

(3)

Section 29(1B) was inserted by paragraph 10 of Schedule 12 to 2005 c. 15.