Police Reform Act 2002

Part 2U.K.Complaints and Misconduct

[F1The Independent Office for Police Conduct]U.K.

9[F2The Independent Office for Police Conduct]U.K.

[F3(1)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.]

[F4(2)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 [F5Director General] F6... 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 [F7or 41A] is or has been in force;

[F8(da)he F9... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;]

[F10(db)he F11... 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;]

[F12(dc)the person is, or has been, a National Crime Agency officer;]

(e)he F13. . . 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)[F14Neither 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 [F15Office'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 [F16Office]) shall have effect.

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

10 General functions of the [F17Director General] U.K.

(1)The functions of the [F17Director General] shall be—

(a)to secure the maintenance by the [F17Director General] F18..., and by [F19local 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 [F17Director General] of [F20the Director General's] other functions, to be necessary or desirable; F21. . .

(f)to such extent as [F22the Director General] may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to F23. . . bodies of constables maintained otherwise than by [F24local policing bodies] which broadly correspond to those conferred on the [F17Director General] in relation to police forces by the preceding paragraphs of this subsection[F25; F26. . .

(g)to carry out functions in relation to the [F27National Crime Agency] which correspond to those conferred on the [F17Director General] in relation to police forces by paragraph (e) of this subsection][F28; and

[F29(ga)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))][F30; and

(gb)to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of—

(i)section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(ii)section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence).]

F31(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Those matters are—

(a)the handling of complaints [F32(within the meaning given by section 12)] [F33or 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 [F34persons serving with the police] which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

[F35(ba)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 [F36or other concerns] or any such matters as are mentioned in paragraph (b) [F37or (ba)] are investigated or otherwise handled and dealt with.

(3)The [F17Director General] shall also have the functions which are conferred on [F38the Director General] by—

(a)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F40(bc)any regulations under section 26C of this Act (the National Crime Agency);]

[F41(bd)any regulations under section 26D of this Act (labour abuse prevention officers);]

[F42(be)any regulations under section 26E of this Act (food crime 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 F43. . . any body of constables maintained otherwise than by a [F44local policing body].

[F45(3A)The [F17Director General] also has any functions conferred on [F46the Director General] by regulations under section 29C of this Act (regulations about super-complaints).]

[F47(3B)The [F17Director General] also has the functions which are conferred on [F48the Director General] by Part 2B (whistle-blowing).]

(4)It shall be the duty of the [F17Director General]—

(a)to exercise the powers and perform the duties conferred on [F49the Director General] by the following provisions of this Part in the manner that [F49the Director General] considers best calculated for the purpose of securing the proper carrying out of [F50the 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 [F17Director General] has functions.

(5)It shall also be the duty of the [F17Director 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 [F17Director 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 [F17Director General] to be appropriate, for facilitating the carrying out by those inspectors of their functions.

[F51(5A)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 [F17Director General] may do anything which appears to [F52the Director General] to be calculated to facilitate, or is incidental or conducive to, the carrying out of [F53the Director General's] functions.

(7)The [F54Office] 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)[F55the Director General's] function under subsection (1)(e), F56. . .

(b)any corresponding function conferred on [F57the Director General] by virtue of subsection (1)(f), [F58or

(c)[F55the Director General's] function under subsection (1)(g) [F59or (h)],]

impose any such charge on that person for anything done by the [F17Director General] for the purposes of, or in connection with, the carrying out of that function as [F57the Director General] thinks fit.

F60(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6210AGeneral functions of the OfficeU.K.

(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.

10BEfficiency etc in exercise of functionsU.K.

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

10CStrategy for exercise of functionsU.K.

(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.

10DCode of practiceU.K.

(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).]

11 Reports to the Secretary of StateU.K.

(1)As soon as practicable after the end of each of [F63the Office's] financial years, the [F64Director General and the Office must jointly] make a report to the Secretary of State on the carrying out of [F65their] functions during that year.

[F66(2)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.]

[F67(2A)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 [F68Office] 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 [F69Office'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.

[F70(3A)The Director General and the Office may jointly make reports under subsections (2A) and (3).]

(4)The [F71Director General] shall prepare such reports containing advice and recommendations as [F72the Director General] thinks appropriate for the purpose of carrying out—

(a)[F73the Director General's] function under subsection (1)(e) of section 10; or

(b)any corresponding function conferred on [F72the 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 [F74Office] shall send a copy of every annual report under subsection (1)—

(a)to every [F75local policing body];

F76(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 section[F78; and

F79(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F80(f)to the National Crime Agency.]

[F81(6A)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 [F82Office] shall send a copy of every report under subsection (3)—

(a)to any [F83local policing body] that appears to the [F82Office] to be concerned; and

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

[F84(8)Where a report under subsection [F85(2A) or] (3) relates to the [F86National Crime Agency], the [F87Director 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 [F88(2A) or] (3) relates to a body of constables maintained by an authority other than a [F89local policing body], the [F90Director 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.

F91(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)The [F92Director General] shall send a copy of every report under subsection (4)to—

(a)the Secretary of State;

(b)every [F93local policing body];

(c)every chief officer;

F94(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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; F96. . .

(g)every person who has the direction and control of such a body of constables[F97; F98...

F99(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .][F100; and

(i)the National Crime Agency.]

(11)The [F101Director General] shall send a copy of every report made or prepared by [F102the Director General] under subsection [F103(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 [F101Director General] otherwise to have a particular interest in its contents,

as the [F101Director General] thinks fit.

[F104(12)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.]

Application of Part 2E+W

12 Complaints, matters and persons to which Part 2 appliesE+W

[F105(1)In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public.

(1A)But an expression of dissatisfaction is a complaint for the purposes of this Part—

(a)where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B);

(b)in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed.

(1B)In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is—

(a)a person who claims to be the person in relation to whom the conduct took place;

(b)a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or

(c)a person who claims to have witnessed the conduct.]

(2)In this Part “conduct matter” means (subject to the following provisions of this section, [F106section 28A and any regulations made under it,] F107... and any regulations made by virtue of section 23(2)(d)) any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—

(a)committed a criminal offence; or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings.

[F108(2A)In this Part “death or serious injury matter” (or “DSI matter” for short) means [F109(subject to section 28A and any regulations made under it)] any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)—

(a)in or in consequence of which a person has died or has sustained serious injury; and

(b)in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.

(2B)The requirements of this subsection are that at the time of the death or serious injury the person—

(a)had been arrested by a person serving with the police and had not been released from that arrest; or

(b)was otherwise detained in the custody of a person serving with the police.

(2C)The requirements of this subsection are that—

(a)at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and

(b)there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.

(2D)In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “contact” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties.]

(3)The complaints that are complaints for the purposes of this Part by virtue of [F110subsection (1B)(b)] do not, except in a case falling within subsection (4), include any [F111where the person in question] claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct.

(4)A case falls within this subsection if—

(a)it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that he was able to see or hear the conduct or its effects; or

(b)the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect.

[F112(4A)In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.]

(5)For the purposes of this section a person shall be taken to have witnessed conduct if, and only if—

(a)he acquired his knowledge of that conduct in a manner which would make him a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or

(b)he has in his possession or under his control anything which would in any such proceedings constitute admissible evidence of that conduct.

(6)[F113For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless—]

(a)that other person is for the time being designated for the purposes of this Part by the [F114Director General] as a person through whom complaints may be made, or he is of a description of persons so designated; or

(b)the other person has been given, and is able to produce, the written consent to his so acting of the person on whose behalf he acts.

(7)For the purposes of this Part, a person is serving with the police if—

(a)he is a member of a police force;

[F115(aa)he is a civilian employee of a police force;]

(b)he is an employee of [F116the Common Council of the City of London] who is under the direction and control of a chief officer; F117...

(c)he is a special constable who is under the direction and control of a chief officer[F118; or

(d)he is a person designated as a community support volunteer or a policing support volunteer under section 38.]

[F119(8)The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part—

(a)a contractor,

(b)a sub-contractor of a contractor, or

(c)an employee of a contractor or a sub-contractor,

is to be treated as a person serving with the police.]

[F119(9)Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons.]

[F119(10)In subsection (8) “contractor” means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.]

Handling of complaints [F120, conduct matters and DSI matters] etc.E+W

13 Handling of complaints[F121, conduct matters and DSI matters] etc.E+W

Schedule 3 (which makes provision for the handling of complaints[F122, conduct matters and DSI matters] and for the carrying out of investigations) shall have effect F123....

[F12413ALocal policing bodies: functions in relation to complaintsE+W

(1)The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).

(2)The provisions specified in this subsection are—

(a)paragraph 2(6) to (6D) of Schedule 3, and

(b)paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.

(3)The provisions specified in this subsection are—

(a)section 20, and

(b)section 21 in so far as that section relates to complaints.

(4)In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—

(a)the functions of the chief officer to which the notice relates become functions of the local policing body,

(b)references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and

(c)for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.

(5)Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

(6)The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.

(7)Regulations under subsection (6) may (amongst other things) make provision about—

(a)the steps that a local policing body must take before giving a notice;

(b)the circumstances in which a notice may be withdrawn.]

[F12513BPower of the [F126Director General] to require re-investigationE+W

(1)This section applies where—

(a)a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the [F127Director General] has been submitted to [F128the Director General] under paragraph 22(3) or 24A of Schedule 3, or

(b)a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the [F127Director General] has been submitted to [F128the Director General] [F129(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General)] under paragraph 22(5) or 24A of Schedule 3.

(2)The [F127Director General] may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if [F130the Director General] is satisfied that there are compelling reasons for doing so.

(3)Where the [F127Director General] makes a determination under subsection (2), [F131the Director General] must determine that the re-investigation is to take the form of an investigation by the [F127Director General] unless subsection (4) applies, in which case the [F127Director General] must determine that the re-investigation is to take the form described in that subsection.

(4)This subsection applies where the [F127Director General] determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the [F127Director General].

(5)Where—

(a)the [F127Director General] determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the [F127Director General], and

(b)at any time after that the [F127Director General] determines that subsection (4) applies in relation to the re-investigation,

the [F127Director General] may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the [F127Director General].

(6)Where the [F127Director General] determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the [F127Director General], the [F127Director General] must keep under review whether subsection (4) continues to apply in relation to the re-investigation.

(7)If, on such a review, the [F127Director General] Director General determines that subsection (4) no longer applies in relation to a re-investigation, the [F127Director General] must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the [F127Director General].

(8)Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph.

(9)The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

(10)The [F127Director General] shall notify the appropriate authority of any determination that [F132the Director General] makes under this section and of [F133the Director General's] reasons for making the determination.

(11)The [F127Director General] shall also notify the following of any determination that [F134the Director General] makes under this section and of [F135the Director General's] reasons for making the determination—

(a)every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21;

(b)where the determination is made in relation to a complaint, the complainant;

(c)the person to whose conduct the re-investigation will relate.

(12)The duty imposed by subsection (11) on the [F127Director General] shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

(13)Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.

(14)In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.

(15)The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.]

F13614 Direction and control mattersE+W

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

Co-operation, assistance and informationU.K.

15 General duties of [F137local policing bodies], chief officers and inspectorsU.K.

(1)It shall be the duty of—

(a)every [F138local policing body] maintaining a police force,

(b)the chief officer of police of every police force, and

(c)every inspector of constabulary carrying out any of his functions in relation to a police force,

to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).

[F139(1A)It shall be the duty of the [F140National Crime Agency] to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).]

F141(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Those matters are—

(a)matters with respect to which any provision of this Part has effect;

(b)anything which is done under or for the purposes of any such provision; and

(c)any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.

[F142(2A)Subsection (2B) applies in a case where it appears to a local policing body that—

(a)an obligation to act or refrain from acting has arisen by or under this Part,

(b)that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and

(c)the chief officer has not yet complied with that obligation, or has contravened it.

(2B)The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.

(2C)The chief officer must comply with any direction given under subsection (2B).]

(3)Where—

(a)a [F143local policing body] maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16F144... or 18 of Schedule 3,

(b)the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or

[F145(c)a [F146local policing body] or chief officer requires the Director General of the [F147National Crime Agency] to provide a [F148National Crime Agency officer] for appointment under any of those paragraphs,]

it shall be the duty of the chief officer [F149to whom the requirement is addressed or of the Director General] [F150of the Agency] to comply with it.

(4)It shall be the duty of—

(a)every [F151local policing body] maintaining a police force,

(b)the chief officer of police of every police force, [F152 and]

[F153(c)the [F154National Crime Agency],]

to provide the [F155Director General] and every member of the [F156Office's] staff with all such assistance as the [F155Director General] or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the [F155Director General] under this Part [F157or any review under paragraph 25 of Schedule 3].

(5)It shall be the duty of—

(a)every [F158local policing body] maintaining a police force,

(b)the chief officer of every police force, [F159and]

[F160(c)the [F161National Crime Agency],]

to ensure that a person appointed under paragraph 16F162... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require

(6)The duties imposed by subsections (4) and (5) on a [F163local policing body] maintaining a police force and on the chief officer of such a force and on [F164the [F165National Crime Agency]] have effect—

(a)irrespective of whether the investigation [F166or review (as the case may be)] relates to the conduct of a person who is or has been a member of that force or [F167a [F168a National Crime Agency officer]]; F169...

(b)[F170in the case of an investigation,] irrespective of who has the person appointed to carry out the investigation under his direction and control; [F171and

(c)in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control;]

but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs F172. . . .

(7)In subsection (6) “third force”, in relation to an investigation, means a police force other than—

(a)the force to which the person carrying out the investigation belongs; or

(b)the force to which the person whose conduct is under investigation belonged at the time of the conduct;

[F173 and where the person whose conduct is under investigation was a [F174National Crime Agency officer] at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.]

[F175(8)Where the person who requires assistance and co-operation under subsection (5) is a [F176National Crime Agency officer], a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

F177(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F178(8B)In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.]

(9)Where—

(a)the person carrying out an investigation is not a [F179National Crime Agency officer]; and

(b)the person whose conduct is under investigation was not a [F180National Crime Agency officer] at the time of the conduct,

[F181the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.]]

[F182(10)In subsection (9) “the relevant directing officer”—

(a)in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; F183...

F184(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

16 Payment for assistance with investigationsU.K.

(1)This section applies where—

(a)one police force is required to provide assistance to another in connection with an investigation under this Part; or

(b)a police force is required to provide assistance [F185to the [F186Director General] in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3].

(2)For the purposes of this section—

(a)assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

[F187(ai)an investigation of a complaint where the complainant expressed dissatisfaction with the other force,]

[F188(i)an investigation [F189of a recordable conduct matter] relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

(ii)an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and]

(b)assistance is required to be provided [F190by a police force (“the assisting force”) to the [F186Director General] in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3] if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

[F191(ai)an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,]

[F192(i)an investigation [F193of a recordable conduct matter] relating to the conduct of a person who, at the time of the conduct, was not a member of that force, F194...

(ii)an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that force][F195, or

(iii)a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.]

(3)Where the assistance is required to be provided by one police force to another, the [F196local policing body] maintaining that other police force shall pay to the [F196local policing body] maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a)as may be agreed between them; or

(b)in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i)have been agreed to by [F197local policing bodies] generally; and

(ii)are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

(c)in the absence of any such arrangements, as may be determined by the Secretary of State.

(4)Where the assistance is required to be provided by a police force to the [F186Director General], [F198Office] shall pay to the [F199local policing body] maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a)as may be agreed between the [F186Director General] and [F200that body]; or

(b)in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i)have been agreed to by [F201local policing bodies] generally and by the [F186Director General]; and

(ii)are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the [F186Director General]; or

(c)in the absence of any such arrangements, as may be determined by the Secretary of State.

[F202(5)In this section (subject to subsection (6))—

(a)references to a police force and to a [F203local policing body] maintaining a police force include references to the [F204National Crime Agency]; and

(b)in relation to that Agency, references to the chief officer are references to the Director General [F205of that Agency].

(6)This section shall have effect in relation to cases in which assistance is required to be provided by the [F206National Crime Agency] as if—

(a)the reference in subsection (3)(b) to [F207local policing bodies] generally included a reference to the Agency; and

(b)the reference in subsection (4)(b) to [F207local policing bodies] generally were a reference to the Agency.]

(7)This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.

F20816AInvestigations: National Policing Improvement Agency involvementE+W

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17 Provision of information to the [F209Director General] E+W

(1)It shall be the duty of—

(a)every [F210local policing body], and

(b)every chief officer,

at such times, in such circumstances and in accordance with such other requirements as may be set out in regulations made by the Secretary of State, to provide the [F209Director General] with all such information and documents as may be specified or described in regulations so made.

(2)It shall also be the duty of every [F211local policing body] and of every chief officer—

(a)to provide the [F209Director General] with all such other information and documents specified or described in a notification given by the [F209Director General] to [F212that body] or chief officer, and

(b)to produce or deliver up to the [F209Director General] all such evidence and other things so specified or described,

as appear to the [F209Director General] to be required by [F213the Director General] for the purposes of the carrying out of any of [F214the Director General's] functions.

(3)Anything falling to be provided, produced or delivered up by any person in pursuance of a requirement imposed under subsection (2) must be provided, produced or delivered up in such form, in such manner and within such period as may be specified in—

(a)the notification imposing the requirement; or

(b)in any subsequent notification given by the [F209Director General] to that person for the purposes of this subsection.

(4)Nothing in this section shall require a [F215local policing body] or chief officer—

(a)to provide the [F209Director General] with any information or document, or to produce or deliver up any other thing, before the earliest time at which it is practicable for [F216that body] or chief officer to do so; or

(b)to provide, produce or deliver up anything at all in a case in which it never becomes practicable for [F216that body] or chief officer to do so.

(5)A requirement imposed by any regulations or notification under this section may authorise or require information or documents to which it relates to be provided to the [F209Director General] electronically.

F217(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Inspections of police premises on behalf of the [F218Director General] E+W

(1)Where—

(a)the [F218Director General] requires—

(i)a [F219local policing body] maintaining any police force, or

(ii)the chief officer of police of any such force,

to allow a person nominated for the purpose by the [F218Director General] to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and

(b)the requirement is imposed for any of the purposes mentioned in subsection (2),

it shall be the duty of [F220the body] or, as the case may be, of 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 [F218Director General] of the efficiency and effectiveness of the arrangements made by the force in question for handling complaints or dealing with recordable conduct matters [F221or DSI matters];

(b)the purposes of any investigation by the [F218Director General] under this Part or of any investigation carried out under [F222the Director General's] F223... [F224direction].

[F225(c)the purposes of any review by the [F218Director General] under paragraph 25 of Schedule 3.]

(3)A requirement imposed under this section for the purposes mentioned in subsection (2)(a) must be notified to [F226the body] or chief officer at least 48 hours before the time at which access is required.

(4)Where—

(a)a requirement imposed under this section for the purposes mentioned in subsection (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 section 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 paragraph 19 of Schedule 3, or

(ii)any person who otherwise acts on behalf of the [F218Director General],

in his capacity as a constable or as a person with the powers and privileges of a constable; or

(b)the obligations of [F227local policing bodies] and chief officers under sections 15 and 17.

19 Use of investigatory powers by or on behalf of the [F228Director General] E+W

(1)The Secretary of State may by order make such provision as he thinks appropriate for the purpose of authorising—

(a)the use of directed and intrusive surveillance, and

(b)the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the [F229Director General's] functions.

(2)An order under this section may, for the purposes of or in connection with any such provision as is mentioned in subsection (1), provide for—

(a)Parts 2 and 4 the Regulation of Investigatory Powers Act 2000 (c. 23) (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

(b)Part 3 of the 1997 Act (authorisations in respect of property),

to have effect with such modifications as may be specified in the order.

(3)The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

(4)Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.

[F230(5)But the reference in subsection (1)(b) to the conduct of covert human intelligence sources does not include conduct which may be authorised under section 29B of that Act (criminal conduct authorisations).]

20 Duty to keep the complainant informedE+W

(1)In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

(a)by the [F231Director General], or

(b)under [F232the Director General's] [F233direction],

it shall be the duty of the [F231Director General] to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

(2)In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

(a)by the appropriate authority on its own behalf, F234...

F235(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

(3)Where subsection (2) applies, it shall be the duty of the [F231Director General] to give the appropriate authority all such directions as [F236the Director General] considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

[F237(3A)In any case in which a complaint is being handled—

(a)in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b)otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).]

[F238(4)The matters of which the complainant must be kept properly informed are—

(a)the progress of the handling of the complaint;

(b)the outcome of the handling of the complaint;

(c)any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);

(d)such other matters as may be specified in regulations made by the Secretary of State.

(4A)The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.]

(5)The duties imposed by this section on the [F231Director General] and the appropriate authority in relation to any complaint shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

(6)The Secretary of State shall not by regulations provide for any exceptions from the duties imposed by this section except so far as he considers it necessary to do so for the purpose of—

(a)preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;

(b)preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—

(i)is in the interests of national security;

(ii)is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;

(iii)is required on proportionality grounds; or

(iv)is otherwise necessary in the public interest.

(7)The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.

(8)Regulations under this section may include provision framed by reference to the opinion of, or a determination by, the [F231Director General] or any [F239local policing body] or chief officer.

[F240(8A)In any case in which there is an investigation of a complaint, the [F231Director General] or the appropriate authority may comply with [F241their] duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted [F242(or finalised)] under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted [F243(or completed)] under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.

(8B)Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

(a)regulations made under subsection (5), and

(b)section 21A.]

(9)It shall be the duty of a person appointed to carry out an investigation under this Part [F244, or who is otherwise involved in the handling of a complaint under this Part,] to provide the [F231Director General] or, as the case may be, the appropriate authority with all such information as the [F231Director General] or that authority may reasonably require for the purpose of performing [F245their] duty under this section.

21 Duty to provide information for other personsE+W

(1)A person has an interest in being kept properly informed about the handling of a complaint [F246, recordable conduct matter or DSI matter] if—

(a)it appears to the [F247Director General] or to an appropriate authority that he is a person falling within subsection (2) [F248or (2A)]; and

(b)that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.

(2)A person falls within this subsection if [F249(in the case of a [F250complaint that relates to conduct of a person serving with the police or a] recordable conduct matter)]—

(a)he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;

(b)he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint;

(c)he himself has suffered serious injury as the alleged result of that conduct.

[F251(2A)A person falls within this subsection if (in the case of a DSI matter)—

(a)he is a relative of the person who has died;

(b)he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;

(c)he himself is the person who has suffered serious injury.]

(3)A person who does not fall within subsection (2) [F252or (2A)] has an interest in being kept properly informed about the handling of a complaint [F253, recordable conduct matter or DSI matter] if—

(a)the [F247Director General] or an appropriate authority considers that he has an interest in the handling of the complaint [F253, recordable conduct matter or DSI matter] which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and

(b)he has indicated that he consents to the provision of information to him in accordance with this section.

(4)In relation to a complaint, this section confers no rights on the complainant.

(5)A person who has an interest in being kept properly informed about the handling of a complaint [F254, conduct matter or DSI matter] is referred to in this section as an “interested person”.

(6)In any case in which there is an investigation of the complaint [F255, recordable conduct matter or DSI matter] in accordance with the provisions of Schedule 3—

(a)by the [F247Director General], or

(b)under [F256the Director General's] [F257direction],

it shall be the duty of the [F247Director General] to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

(7)In any case in which there is an investigation of the complaint [F255, recordable conduct matter or DSI matter] in accordance with the provisions of Schedule 3—

(a)by the appropriate authority on its own behalf, F258...

F259(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

(8)Where subsection (7) applies, it shall be the duty of the [F247Director General] to give the appropriate authority all such directions as [F260the Director General] considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

[F261(8A)In any case in which—

(a)the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b)the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).]

[F262(9)The matters of which the interested person must be kept properly informed are—

(a)the progress of the handling of the complaint, recordable conduct matter or DSI matter;

(b)the outcome of the handling of the complaint, recordable conduct matter or DSI matter;

(c)such other matters as may be specified in regulations made by the Secretary of State.

(9A)The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.]

(10)The duties imposed by this section on the [F247Director General] and the appropriate authority in relation to any complaint [F263, recordable conduct matter or DSI matter] shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

(11)Subsections (6) to (9) of section 20 apply for the purposes of this section as they apply for the purposes of that section.

[F264(11A)In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the [F247Director General] or the appropriate authority may comply with [F265their] duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted [F266(or finalised)] under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted [F267(or completed)] under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.

(11B)Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

(a)regulations made under subsection (10), and

(b)section 21A.]

(12)In this section “relative” means a person of a description prescribed in regulations made by the Secretary of State.

[F26821ARestriction on disclosure of sensitive informationU.K.

(1)Where the [F269Director General] receives information within subsection (3), the [F269Director General] must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2)Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the [F269Director General] unless the relevant authority consents to the disclosure.

(3)The information is—

(a)intelligence service information;

(b)protected information relating to a relevant warrant;

(c)information obtained from a government department which, at the time it is provided to the [F269Director General] or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i)cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or