- Latest available (Revised)
- Original (As made)
The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
You are here:
- UK Statutory Instruments
- 2012 No. 62
- PART 5
- Regulation 36
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Regulation 36:
- Regulations applied (with modifications) by S.I. 2017/863 art. 28 Sch. 1
- Regulations applied (with modifications) by S.I. 2021/112 art. 35(1)(2) Sch. 5 para. 52
- Regulations applied (with modifications) by S.I. 2024/414 art. 5 Sch. 1 para. 51
- Regulations words substituted by S.I. 2017/1250 reg. 21(2)(a)
- Regulations words substituted by S.I. 2017/1250 reg. 21(2)(b)
- Regulations words substituted by S.I. 2017/1250 reg. 21(2)(c)
- Regulations words substituted by S.I. 2017/1250 reg. 21(2)(d)
- reg. 3(4A) inserted by S.I. 2017/1250 reg. 21(5)(a)
- reg. 3A 3B inserted by S.I. 2017/1250 reg. 21(6)
- reg. 20(2)(2A) substituted for reg. 20(2) by S.I. 2017/1250 reg. 21(10)(b)
- reg. 36(5)(a)(i) word omitted by S.I. 2017/1250 reg. 21(15)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 3(4A) inserted by S.I. 2017/1250 reg. 21(5)(a)
- reg. 3A 3B inserted by S.I. 2017/1250 reg. 21(6)
- reg. 20(2)(2A) substituted for reg. 20(2) by S.I. 2017/1250 reg. 21(10)(b)
Access to premises on behalf of the CommissionE+W
This section has no associated Explanatory Memorandum
36.—(1) Where—
(a)the Commission requires—
(i)a police and crime panel,
(ii)a relevant office holder, or
(iii)a chief officer of police
to allow a person nominated for the purpose by the Commission to have access to any premises occupied for the purposes of the functions of that panel, office holder or chief officer and to documents and other things on those premises, and
(b)the requirement is imposed for any of the purposes mentioned in paragraph (2),
it shall be the duty of the panel, the office holder or, as the case may be, the chief officer to secure that the required access is allowed to the nominated person.
(2) Those purposes are—
(a)the purposes of any examination by the Commission of the efficiency and effectiveness of the arrangements made in accordance with these Regulations for handling complaints or dealing with conduct matters;
(b)the purposes of any investigation carried out by the Commission or under its management in accordance with these Regulations.
(3) A requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) must be notified to the police and crime panel, relevant office holder or chief officer of police at least 48 hours before the time at which access is required.
(4) Where—
(a)a requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) requires access to any premises, document or thing to be allowed to any person, but
(b)there are reasonable grounds for not allowing that person to have the required access at the time at which he seeks to have it,
the obligation to secure that the required access is allowed shall have effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify.
(5) The provisions of this regulation are in addition to, and without prejudice to—
(a)the rights of entry, search and seizure that are or may be conferred on—
(i)a person designated for the purposes of regulation 20 (investigations by the Commission itself), or
(ii)any person who otherwise acts on behalf of the Commission,
in his capacity as a constable or as a person with the powers and privileges of a constable; or
(b)the obligations on police and crime panels, relevant office holders and chief officers of police under regulation 6 (general duties of police and crime panels, relevant office holders and chief officers of police) and 35 (provision of information to the Commission).
Commencement Information
I1Reg. 36 in force at 16.1.2012, see reg. 1
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.