C7C9C8C10C11C13C12C14C2C3C4C5C6Part 2Complaints and Misconduct

Annotations:
Modifications etc. (not altering text)
C7

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)

C9

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))

C8

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

C13

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))

C12

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)

C2

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

C6

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

F20The Independent Office for Police Conduct

Annotations:
Amendments (Textual)
F20

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)

C111C13C12 Reports to the Secretary of State

1

As soon as practicable after the end of each of F21the Office's financial years, the F22Director General and the Office must jointly make a report to the Secretary of State on the carrying out of F23their functions during that year.

F242

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.

F252A

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 F26Office 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 F27Office'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.

F283A

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

4

The F29Director General shall prepare such reports containing advice and recommendations as F30the Director General thinks appropriate for the purpose of carrying out—

a

F31the Director General's function under subsection (1)(e) of section 10; or

b

any corresponding function conferred on F30the 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 F32Office shall send a copy of every annual report under subsection (1)—

a

to every F5local policing body;

F13b

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

F18c

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

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 sectionF2; and

F10e

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

F16f

to the National Crime Agency.

F336A

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 F34Office shall send a copy of every report under subsection (3)—

a

to any F6local policing body that appears to the F34Office to be concerned; and

b

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

F38

Where a report under subsection F35(2A) or (3) relates to the F14National Crime Agency, the F36Director 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 F37(2A) or (3) relates to a body of constables maintained by an authority other than a F7local policing body, the F38Director 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.

F119A

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

10

The F39Director General shall send a copy of every report under subsection (4)to—

a

the Secretary of State;

b

every F8local policing body;

c

every chief officer;

F9d

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

F19e

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

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; F1. . .

g

every person who has the direction and control of such a body of constablesF4; F17...

F12h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F15; and

i

the National Crime Agency.

11

The F40Director General shall send a copy of every report made or prepared by F41the Director General under subsection F42(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 F40Director General otherwise to have a particular interest in its contents,

as the F40Director General thinks fit.

F4312

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.