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PART 3Transitional provisions

37.—(1) Anything done (or having effect as if done) before the coming into force of these Regulations by, or in relation to, a transferor in connection with a function transferred to the Director General by these Regulations is to have effect, so far as necessary for continuing its effect after the coming into force of these Regulations, as if done by, or in relation to, the Director General.

(2) Anything which, immediately before the coming into force of these Regulations, is in the process of being done by, or in relation to, a transferor in connection with a function transferred to the Director General by these Regulations may be continued by, or in relation to, the Director General.

(3) Any enactment, instrument or other document passed or made before the coming into force of these Regulations is to have effect, so far as necessary for the purposes of or in consequence of paragraphs (1) and (2), as if any references (however expressed) to a transferor were references to the Director General.

(4) Anything which immediately before the coming into force of these Regulations, is in the process of being done by, or in relation to, the Commission in connection with a function which after the coming into force of these Regulations is exercisable by that body (as renamed the Independent Office for Police Conduct(1)) and the Director General jointly may be continued by, or in relation to, that body and the Director General acting jointly.

(5) In this regulation “transferor” means—

(a)the Commission;

(b)any other person from whom a function is transferred to the Director General by these Regulations.

38.—(1) Any person who, before the date on which these Regulations come into force, has been designated by the Commission under a relevant provision in respect of an investigation is, if the investigation is not completed or discontinued before that date, to be treated on or after that date as having been designated by the Director General under that provision (as amended by these regulations) whether or not the person satisfies any conditions for designation under that provision.

(2) For the purposes of paragraph (1), the relevant provisions are—

(a)regulation 42 of the UK Border Agency (Complaints and Misconduct) Regulations 2010(2);

(b)regulation 48 of the Revenue and Customs (Complaints and Misconduct) Regulations 2010(3);

(c)regulation 20 of the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012(4);

(d)regulation 44 of the National Crime Agency (Complaints and Misconduct) Regulations 2013(5);

(e)regulation 45 of the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015(6); and

(f)regulation 44 of the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017(7).

(3) Paragraph (1) does not prevent the Director General from making a further designation in respect of an investigation under any of the relevant provisions after the coming into force of these Regulations.

(1)

The Independent Police Complaints Commission was renamed the Independent Office for Police Conduct by virtue of section 9(2) of the Police Reform 2002 Act (c. 30).