C7C9C8C10C11C13C12C14C18C19C15C17C16C20C2C3C4C5C6Part 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)

C18

Pt. 2 applied (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(3)

C19

Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 52

C15

Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(1), Sch. 2

C17

Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 43(1)(2)

C16

Pt. 2 applied (with modifications) (with application in accordance with reg. 1(3) of the amending S.I.) by The Police (Complaints and Misconduct) Regulations 2020 (S.I. 2020/2), regs. 1(1), 42(2)

C20

Pt. 2: power to amend conferred (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 38, 255(2)(c) (with s. 247)

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

Co-operation, assistance and information

C115C9C8C18C19C15C17C16 General duties of F16local policing bodies, chief officers and inspectors

1

It shall be the duty of—

a

every F19local 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).

F11A

It shall be the duty of the F27National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).

F241B

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

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.

F232A

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 F20local 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 16F47... 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

F2c

a F17local policing body or chief officer requires the Director General of the F28National Crime Agency to provide a F29National Crime Agency officer for appointment under any of those paragraphs,

it shall be the duty of the chief officer F3to whom the requirement is addressed or of the Director GeneralF39of the Agency to comply with it.

4

It shall be the duty of—

a

every F21local policing body maintaining a police force,

b

the chief officer of police of every police force, F4 and

F5c

the F30National Crime Agency,

to provide the F40Director General and every member of the F41Office's staff with all such assistance as the F40Director 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 F40Director General under this Part F42or any review under paragraph 25 of Schedule 3.

5

It shall be the duty of—

a

every F22local policing body maintaining a police force,

b

the chief officer of every police force, F6and

F7c

the F31National Crime Agency,

to ensure that a person appointed under paragraph 16F48... 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 F18local policing body maintaining a police force and on the chief officer of such a force and on F8the F32National Crime Agency have effect—

a

irrespective of whether the investigation F43or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or F9a F33a National Crime Agency officer; F44...

b

F45in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; F46and

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 F10. . . .

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;

F11 and where the person whose conduct is under investigation was a F34National 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.

F128

Where the person who requires assistance and co-operation under subsection (5) is a F35National 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.

F258A

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

F138B

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 F36National Crime Agency officer; and

b

the person whose conduct is under investigation was not a F37National Crime Agency officer at the time of the conduct,

F14the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.

F1510

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; F38...

F26b

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