The UK Border Agency (Complaints and Misconduct) Regulations 2009

General functions of the IPCC

6.—(1) The functions of the IPCC in relation to the relevant appropriate authority, shall be—

(a) to secure the maintenance by the IPCC itself, and by the relevant appropriate authority, of suitable arrangements with respect to the matters mentioned in paragraph (2);

(b) to keep under review all arrangements maintained with respect to those matters;

(c) to secure that arrangements maintained with respect to those matters comply with the requirements of the provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;

(d) to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;

(e) to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, as appear, from the carrying out by the IPCC of its other functions, to be necessary or desirable.

(2) Those matters are—

(a) the handling of complaints made about the conduct of relevant officers, relevant officials of the Secretary of State and officials exercising customs revenue functions which the relevant appropriate authority—

(i) has a duty to refer to the IPCC under regulation 21(1) (reference of complaints to the IPCC) of these Regulations or,

(ii) may refer to the IPCC under regulation 21(5) or (6) (reference of complaints to the IPCC) of these Regulations;

(b) the recording of matters from which it appears that—

(i) there may have been conduct by such persons which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings, and

(ii) that conduct or behaviour is conduct or behaviour which the relevant appropriate authority has a duty to refer to the IPCC under regulation 23(1) (reference of conduct matters to the IPCC) or may refer to the IPCC under regulation 23(4) or (5) of these Regulations;

(c) the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a relevant officer, relevant official of the Secretary of State or an official exercising customs revenue functions;

(d) the manner in which any such complaints or any such matters as are mentioned in paragraph (b) or (c) are investigated or otherwise handled and dealt with.

(3) It shall be the duty of the IPCC—

(a) to exercise the powers and perform the duties conferred on it by the following provisions of these Regulations in the manner that it considers best calculated for the purpose of securing the proper carrying out of its functions under paragraph (1); and

(b) to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the IPCC has functions.

(4) In carrying out its functions under paragraph (1)(d) and (e) the IPCC shall only have regard to the following matters—

(a) the handling of those complaints which—

(i) falls within regulation 21(1) of these Regulations;

(ii) the IPCC has notified the relevant appropriate authority that it requires to be referred to it for its consideration; or

(iii) the relevant appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of—

(aa) the gravity of the subject matter of the complaint; or

(bb) any exceptional circumstances;

(b) the recording of conduct matters which—

(i) fall within regulation 23(1) of these Regulations;

(ii) the IPCC has notified the relevant appropriate authority that it requires to be referred to it for its consideration;

(iii) the relevant appropriate authority has referred to the IPCC on the grounds that it would be appropriate to do so by reason of—

(aa) the gravity of the subject matter of the complaint; or

(bb) any exceptional circumstances;

(c) the recording of a DSI matter; and

(d) the manner in which any such complaints or any such matters as are mentioned in paragraph (b) or (c) are investigated or otherwise handled and dealt with.

(5) It shall be the duty of the IPCC—

(a) to exercise the powers and perform the duties conferred on it by the provisions of these Regulations in the manner that it considers best calculated for the purpose of securing the proper carrying out of its functions under paragraph (1); and

(b) to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the IPCC has functions.

(6) It shall also be the duty of the IPCC to carry out its functions under paragraph (1) in relation to the following:

(a) any DSI matter;

(b) those complaints falling within paragraph 4(a);

(c) those conduct matters falling within paragraph 4(b);

(d) those complaints or recordable conduct matters which the IPCC has notified the relevant appropriate authority that it requires to be referred to it for its consideration;

(e) those complaints or recordable conduct matters that the relevant appropriate authority has referred to the IPCC on the grounds that it would be appropriate to do so by reason of —

(i) the gravity of the subject-matter of the complaint; or

(ii) any exceptional circumstances; and

(f) any matter that is subject to any of the appeal rights set out in Part 8 (appeals) of these Regulations.

(7) It shall also be the duty of the IPCC—

(a) to enter into arrangements with the Chief Inspector of the UKBA for the purpose of securing co-operation, in the carrying out of their respective functions, between the Chief Inspector of the UKBA, Her Majesty’s Chief Inspector of Prisons, and the Prison and Probation Ombudsman in relation to the exercise of functions by relevant officials, relevant officers of the Secretary of State and officials exercising customs revenue functions; and

(b) to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the IPCC to be appropriate, for facilitating the carrying out by those persons of their functions.

(8) Subject to the other provisions of these Regulations, the IPCC may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions under these Regulations.

(9) The IPCC may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out its functions under paragraph (1)(c), (d) or (e), impose any such charge on that person for anything done by the IPCC for the purposes of, or in connection with, the carrying out of that function as it thinks fit.

(10) Nothing in these Regulations shall confer any function on the IPCC in relation to so much of any complaint or conduct matter as relates to the direction and control of a relevant officer, relevant official of the Secretary of State, or an official exercising customs revenue functions.