The Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000

The Police (Conduct) (Senior Officers) Regulations 1999

12.—(1) The Police (Conduct) (Senior Officers) Regulations 1999(1) shall be amended as follows.

(2) In regulation 2 after paragraph (3) there shall be inserted—

“(4) Subject to paragraph (5), where a report, complaint or allegation has been or is received in respect of conduct by a commander in the metropolitan police force which occurred or commenced before 3rd July 2000 these Regulations shall have effect as if the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 had not been made.

(5) In the case of a report, complaint or allegation which relates to conduct by a commander in the metropolitan police force which occurred or commenced before 3rd July 2000, but is received on or after 3rd July 2000 the conduct shall be treated for the purposes of this regulation as having occurred, or as the case may be, commenced on 3rd July 2000.”.

(3) In regulation 4—

(a)in paragraph (1)

(i)for the definition of “the appropriate authority” there shall be substituted—

• ““the appropriate authority” means, in relation to a senior officer of any police force, the police authority for the force’s area;”; and

(ii)for the definition of “investigating officer” there shall be substituted—

““investigating officer” means a person (whether a member of a police force or not) appointed under section 68(2B) or section 68(3) of the 1996 Act(2) or under regulation 7, to investigate a complaint or other matter relating to the conduct of a senior officer;” and

(b)paragraph (2) shall be omitted.

(4) In regulation 7—

(a)in paragraph (2) after “paragraphs (3) and” there shall be inserted “(3A) or”;

(b)after paragraph (3) there shall be inserted—

“(3A) If the matter concerns the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis—

(a)the appropriate authority shall notify the Secretary of State; and

(b)the Secretary of State shall appoint a person (whether a member of a police force or not) as the investigating officer.”;

(c)in paragraph (4) for “The investigating officer shall be” there shall be substituted “In any other case, the investigating officer shall be appointed by the appropriate authority and shall be”; and

(d)in paragraph (5) for “paragraph (3)” there shall be substituted “paragraph (3A) or (4) or section 68(2B)”.