C12C15C14C16C18C19C20C7C8C9C10C11Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C12

Pt. 2 power to apply amend or modify conferred (31.10.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 7 para. 7(1); S.I. 2011/2515, art. 2(d)

C15

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 35(1) (with reg. 35(2))

C14

Pt. 2 applied (with modifications) (22.11.2012) by The Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204), regs. 1(1), 27

C19

Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by 2009 c. 20, s. 107EE(4) (as inserted by Policing and Crime Act 2017 (c. 3), ss. 8(2), 183(1)(5)(e); S.I. 2017/726, reg. 2(a))

C20

Pt. 2: power to amend conferred (E.W.) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by 2004 c. 21, s. 4K(2)(4) (as inserted by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 5; S.I. 2017/399, reg. 2, Sch. para. 38)

C7

Pt. 2 (ss. 9-29) applied (with modifications) (1.4.2004) by The Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), regs. 21, 29, 30

C11

Pt. 2 (ss. 9-29): power to apply conferred (7.4.2005 at 5.45 p.m.) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 28(2)(a), 53; S.I. 2005/1126, art. 2

F49The Independent Office for Police Conduct

Annotations:
Amendments (Textual)
F49

S. 9 cross-heading substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 16; S.I. 2017/1249, reg. 2 (with reg. 3)

I1C1C2C3C4C17C219C19C20F50The Independent Office for Police Conduct

F521

The body corporate previously known as the Independent Police Complaints Commission—

a

is to continue to exist, and

b

is to be known instead as the Independent Office for Police Conduct.

F1002

The Office is to consist of—

a

a Director General appointed by Her Majesty, and

b

at least six other members.

2A

The other members must consist of—

a

persons appointed as non-executive members (see paragraph 1A of Schedule 2), and

b

persons appointed as employee members (see paragraph 1B of that Schedule),

but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.

3

A person shall not be appointed as the F101Director GeneralF102... if—

a

he holds or has held office as a constable in any part of the United Kingdom;

b

he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;

c

he is a person in relation to whom a designation under section 39 is or has been in force;

d

he is a person in relation to whom an accreditation under section 41 F1or 41A is or has been in force;

F2da

he F43... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;

F3db

he F44... has been—

i

the chairman or chief executive of, or

ii

another member of, or

iii

another member of the staff of,

the National Policing Improvement Agency;

F42dc

the person is, or has been, a National Crime Agency officer;

e

he F4. . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or

f

he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—

i

section 26 of this Act; or

ii

section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).

4

An appointment made in contravention of subsection (3) shall have no effect.

5

F53Neither the Office nor the Director General shall—

a

be regarded as the servant or agent of the Crown; or

b

enjoy any status, privilege or immunity of the Crown;

and the F54Office's property shall not be regarded as property of, or property held on behalf of, the Crown.

6

Schedule 2 (which makes further provision in relation to the F55Office) shall have effect.

7

The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.

C510C19C20 General functions of the F59Director General

1

The functions of the F59Director General shall be—

a

to secure the maintenance by the F59Director GeneralF63..., and by F23local policing bodies and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (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 following 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, and also of police practice in relation to other matters, as appear, from the carrying out by the F59Director General of F64the Director General's other functions, to be necessary or desirable; F5. . .

f

to such extent as F65the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F6. . . bodies of constables maintained otherwise than by F21local policing bodies which broadly correspond to those conferred on the F59Director General in relation to police forces by the preceding paragraphs of this subsectionF7; F8. . .

g

to carry out functions in relation to the F29National Crime Agency which correspond to those conferred on the F59Director General in relation to police forces by paragraph (e) of this subsectionF9; and

F47ga

to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).

F31h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Those matters are—

a

the handling of complaints F75(within the meaning given by section 12)F60or other concerns raised by virtue of Part 2B (whistle-blowing);

b

the recording of matters from which it appears that there may have been conduct by F76persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

F10ba

the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;

c

the manner in which any such complaints F61or other concerns or any such matters as are mentioned in paragraph (b) F11or (ba) are investigated or otherwise handled and dealt with.

3

The F59Director General shall also have the functions which are conferred on F66the Director General by—

a

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

any agreement or order under section 26 of this Act (other bodies of constables);

F30bc

any regulations under section 26C of this Act (the National Crime Agency);

F48bd

any regulations under section 26D of this Act (labour abuse prevention officers);

c

any regulations under section 39 of this Act (police powers for contracted-out staff); or

d

any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of F13. . . any body of constables maintained otherwise than by a F22local policing body.

F563A

The F59Director General also has any functions conferred on F67the Director General by regulations under section 29C of this Act (regulations about super-complaints).

F573B

The F59Director General also has the functions which are conferred on F68the Director General by Part 2B (whistle-blowing).

4

It shall be the duty of the F59Director General—

a

to exercise the powers and perform the duties conferred on F69the Director General by the following provisions of this Part in the manner that F69the Director General considers best calculated for the purpose of securing the proper carrying out of F70the Director General's functions under subsections (1) and (3); 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 F59Director General has functions.

5

It shall also be the duty of the F59Director General—

a

to enter into arrangements with the chief inspector of constabulary for the purpose of securing co-operation, in the carrying out of their respective functions, between the F59Director General and the inspectors of constabulary; 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 F59Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.

F585A

In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).

6

Subject to the other provisions of this Part, the F59Director General may do anything which appears to F71the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of F72the Director General's functions.

C137

The F62Office may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—

a

F74the Director General's function under subsection (1)(e), F14. . .

b

any corresponding function conferred on F73the Director General by virtue of subsection (1)(f), F15or

c

F74the Director General's function under subsection (1)(g) F16or (h),

impose any such charge on that person for anything done by the F59Director General for the purposes of, or in connection with, the carrying out of that function as F73the Director General thinks fit.

F288

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F329

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10AC20F51General functions of the Office

1

The functions of the Office are—

a

to secure that the Office has in place appropriate arrangements for good governance and financial management,

b

to determine and promote the strategic aims and values of the Office,

c

to provide support and advice to the Director General in the carrying out of the Director General's functions, and

d

to monitor and review the carrying out of such functions.

2

The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).

3

The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

4

In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

5

The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.

10BC20Efficiency etc in exercise of functions

The Director General and the Office must carry out their functions efficiently and effectively.

10CC20Strategy for exercise of functions

1

The Director General and the Office must jointly—

a

prepare a strategy for the carrying out of their functions, and

b

review the strategy (and revise it as appropriate) at least once every 12 months.

2

The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.

3

The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office.

4

The Director General and the Office must each give effect to the strategy in carrying out their functions.

5

The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect).

6

In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.

10DC20Code of practice

1

The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.

2

In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions.

3

The code must include provision as to the following—

a

how the strategy required by section 10C is to be prepared, reviewed and revised;

b

the matters to be covered by the strategy and the periods to be covered by it from time to time;

c

how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office;

d

the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General;

e

the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so;

f

how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2).

4

The Code may include whatever other provision the Director General and the Office think appropriate.

5

The Director General and the Office must jointly review the code regularly and revise it as appropriate.

6

The Director General and the Office must each comply with the code.

7

The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).

C611C19C20 Reports to the Secretary of State

1

As soon as practicable after the end of each of F77the Office's financial years, the F78Director General and the Office must jointly make a report to the Secretary of State on the carrying out of F79their functions during that year.

F802

The Secretary of State may also require reports to be made (at any time)—

a

by the Director General about the carrying out of the Director General's functions,

b

by the Office about the carrying out of the Office's functions, or

c

jointly by the Director General and the Office about the carrying out of their functions.

F812A

The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which—

a

have come to the Director General's notice, and

b

are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.

3

The F82Office may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—

a

have come to the F83Office's notice; and

b

are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.

F843A

The Director General and the Office may jointly make reports under subsections (2A) and (3).

4

The F85Director General shall prepare such reports containing advice and recommendations as F86the Director General thinks appropriate for the purpose of carrying out—

a

F87the Director General's function under subsection (1)(e) of section 10; or

b

any corresponding function conferred on F86the Director General by virtue of subsection (1)(f) of that section.

5

Where the Secretary of State receives any report under this section, he shall—

a

in the case of every annual report under subsection (1), and

b

in the case of any other report, if and to the extent that he considers it appropriate to do so,

lay a copy of the report before Parliament and cause the report to be published.

6

The F88Office shall send a copy of every annual report under subsection (1)—

a

to every F24local policing body;

F37b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

to every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that sectionF18; and

F34e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40f

to the National Crime Agency.

F896A

The Director General must send a copy of every report under subsection (2A) —

a

to any local policing body that appears to the Director General to be concerned, and

b

to the chief officer of police of any police force that appears to the Director General to be concerned.

7

The F90Office shall send a copy of every report under subsection (3)—

a

to any F25local policing body that appears to the F90Office to be concerned; and

b

to the chief officer of police of any police force that appears to it to be concerned.

F198

Where a report under subsection F91(2A) or (3) relates to the F38National Crime Agency, the F92Director General or the Office (as the case may be) shall send a copy of that report to the Agency.

9

Where a report under subsection F93(2A) or (3) relates to a body of constables maintained by an authority other than a F26local policing body, the F94Director General or the Office (as the case may be) shall send a copy of that report—

a

to that authority; and

b

to the person having the direction and control of that body of constables.

F359A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

The F95Director General shall send a copy of every report under subsection (4)to—

a

the Secretary of State;

b

every F27local policing body;

c

every chief officer;

F33d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; F17. . .

g

every person who has the direction and control of such a body of constablesF20; F41...

F36h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F39; and

i

the National Crime Agency.

11

The F96Director General shall send a copy of every report made or prepared by F97the Director General under subsection F98(2A) or (4) to such of the persons (in addition to those specified in the preceding subsections) who—

a

are referred to in the report, or

b

appear to the F96Director General otherwise to have a particular interest in its contents,

as the F96Director General thinks fit.

F9912

The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

a

are referred to in the report, or

b

appear to the Office otherwise to have a particular interest in its contents,

as the Office thinks fit.

13

Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.