Part 2 U.K.Complaints and Misconduct

Co-operation, assistance and informationU.K.

15 General duties of [F1local policing bodies], chief officers and inspectorsU.K.

(1)It shall be the duty of—

(a)every [F2local 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).

[F3(1A)It shall be the duty of the Serious Organised Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).]

[F4(1B)It shall be the duty of the National Policing Improvement Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).]

(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.

[F5(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 [F6local 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 16, 17 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

[F7(c)a [F8local policing body] or chief officer requires the Director General of the Serious Organised Crime Agency to provide a member of the staff of that Agency for appointment under any of those paragraphs,]

it shall be the duty of the chief officer [F9to whom the requirement is addressed or of the Director General] to comply with it.

(4)It shall be the duty of—

(a)every [F10local policing body] maintaining a police force,

(b)the chief officer of police of every police force, [F11 and]

[F12(c)the Serious Organised Crime Agency,]

to provide the Commission and every member of the Commission’s staff with all such assistance as the Commission or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the Commission under this Part.

(5)It shall be the duty of—

(a)every [F13local policing body] maintaining a police force,

(b)the chief officer of every police force, [F14 and]

[F15(c)the Serious Organised Crime Agency,]

to ensure that a person appointed under paragraph 16, 17 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 [F16local policing body] maintaining a police force and on the chief officer of such a force and on [F17the Serious Organised Crime Agency] have effect—

(a)irrespective of whether the investigation relates to the conduct of a person who is or has been a member of that force or [F18a member of the staff of the Agency]; and

(b)irrespective of who has 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 F19 . . . .

(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;

[F20 and where the person whose conduct is under investigation was a member of the staff of the Serious Organised Crime Agency 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.]

[F21(8)Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the Serious Organised Crime Agency, 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.

[F22(8A)Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the National Policing Improvement Agency—

(a)the chief officer of a third force, or

(b)the [F23local policing body] maintaining a third force,

may be required to give that assistance and co-operation only with the approval of the chief executive of the National Policing Improvement Agency.

(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 member of the staff of the Serious Organised Crime Agency; and

(b)the person whose conduct is under investigation was not a member of the staff of the Agency at the time of the conduct,

[F24the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.]]

[F25(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; and

(b)in a case where the person who requires assistance and co-operation is a member of the staff of the National Policing Improvement Agency, means the chief executive of that Agency.]