PART 1COMPLAINTS AND MISCONDUCT

Application of the Police Reform Act 20024.

(1)

Sections 9 (the Independent Police Complaints Commission), 19 (use of investigatory powers by or on behalf of the IPCC), 22 (power of the IPCC to issue guidance), 23 (regulations), 24 (consultation on regulations) and 27 (conduct of the IPCC’s staff) of the 2002 Act shall apply in relation to the relevant appropriate authority with the following modifications.

(2)

In section 228 of the 2002 Act—

(a)

for subsection (1) substitute—

“(1)

The Commission may issue guidance to the relevant appropriate authority and any person it sees fit concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).”.

(b)

In subsection (2)9, in paragraph (b)(iii)—

“(b)

(iii)

for “persons serving with the police” substitute “relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions or customs revenue contractors”.

(c)

for subsection (3)10 substitute—

“(3)

Before issuing any guidance under this section, the Commission shall consult the relevant appropriate authority and any person it sees fit.”.

(3)

In section 2311 of the 2002 Act—

(a)

In subsection (2)(k)12, for “a person serving with the police” substitute “a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor”.

(b)

In subsection (2)(n), for “police authorities and chief officers” substitute “the Secretary of State”.

(c)

In subsection (2)(p)—

(i)

for “chief officers” substitute “the relevant appropriate authority”; and

(ii)

for “them” substitute “it”.

(4)

In section 2413 of the 2002 Act—

(a)

At the end of paragraph (a) insert “and”;

(b)

Omit paragraphs (b) and (c).