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The UK Border Agency (Complaints and Misconduct) Regulations 2010

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the Independent Police Complaints Commission (IPCC) to have oversight of serious complaints and conduct matters (including incidents where a death or serious injury has taken place) that arise as a result of UK Border Agency (UKBA) officers, officials and contractors exercising certain functions in relation to immigration, asylum and customs. They broadly mirror the arrangements for IPCC oversight of the police set out in Part 2 and Schedule 3 to the Police Reform Act 2002 and relevant secondary legislation.

The Regulations are arranged as follows:

Part 1 Complaints & Misconduct

Part 2 Handling of Complaints & Conduct matters etc

Part 3 Referral of matters to the IPCC

Part 4 Handling Death and Serious Injury Matters (DSI)

Part 5 Investigations

Part 6 Provision of Information

Part 7 Reports & Recommendations

Part 8 Appeals

Part 9 Revocation, Saving and Transitional Provisions

The Regulations revoke and remake, with certain amendments, the UK Border Agency (Complaints and Misconduct) Regulations 2009 (the 2009 Regulations). The 2009 Regulations conferred functions on the IPCC in relation to the exercise of certain functions in relation to immigration, asylum and customs by UK Border Agency (UKBA) officers and officials. In addition, these Regulations confer functions on the IPCC in relation to the exercise of certain functions in relation to immigration, asylum and customs by contractors.

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