The National Crime Agency (Complaints and Misconduct) Regulations 2013

Application of the 2002 Act

5.—(1) Sections 9 (the Independent Police Complaints Commission), 19 (use of investigatory powers by or on behalf of the Commission), 22 (power of the Commission to issue guidance), 24 (consultation on regulations) and any regulations made under section 27 (conduct of the Commission’s staff) of, and Schedule 2 to, the 2002 Act shall apply to the Director General and an NCA officer with the following modifications.

(2) Section 22 of the 2002 Act shall apply as if—

(a) for subsection (1) there were substituted—

“(1) The Commission may issue guidance—

(a) to the Permanent Secretary to the Home Office;

(b) to the Director General; and

(c) to any other 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)(b)(iii) for “persons serving with the police” there were substituted “the Director General or NCA officers”;

(c) for subsection (3) there were substituted—

“(3) Before issuing any guidance under this section, the Commission shall consult with—

(a) the Permanent Secretary to the Home Office;

(b) the Director General; and

(c) any other person it sees fit.”.

(3) Section 24 of the 2002 Act shall apply as if—

(a) at the end of paragraph (a) there were inserted “and the NCA”; and

(b) paragraphs (b), (ba), (bb) and (c) were omitted.