Explanatory note

These Regulations provide for the basis on which the Director General (the “Director General”) of the Independent Office for Police Conduct (“IOPC”) has oversight of complaints and other matters relating to the conduct of authorised investigators employed by the Cabinet Office and working in the Public Sector Fraud Authority (“PSFA”). Section 7(3) of the Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28) defines “authorised investigator”.

The statutory framework in accordance with which the IOPC has oversight of police conduct is set out in Part 2 of, and Schedule 3 to, the Police Reform Act 2002 (c. 30) (“the 2002 Act”). These Regulations make provision which broadly reflects existing arrangements in accordance with which the IOPC has oversight of the police under the 2002 Act, but with modifications to reflect differences between the PSFA and the police.

Part 1 contains introductory provision, including an interpretation provision.

Part 2 comprises regulations 3 to 15 and includes general provision as to complaints and misconduct. In particular, Part 2 includes provision about the persons, complaints and matters to whom and to which these Regulations apply, the application of certain provisions of the 2002 Act with modifications, the general functions of the Director General, the IOPC and the Minister for the Cabinet Office (“the Minister”), reporting to the Secretary of State and provision relating to payments and payment for assistance with investigations.

Part 3 comprises regulations 16 to 20 and includes provision about the handling of complaints. In particular, Part 3 includes provision about the recording of complaints; the preservation of evidence; and the withdrawal of complaints.

Part 4 comprises regulations 21 to 23 and includes provision about the handling of conduct matters. In particular, Part 4 includes provision about the recording of conduct matters (“recordable conduct matters”) and the preservation of evidence.

Part 5 comprises regulations 24 to 30. Part 5 contains provision about the referral of complaints, recordable conduct matters and death and serious injury (“DSI”) matters by the Minister to the Director General; the duties of the Director General on such referrals; and the power of the Director General to treat complaints or conduct matters as having been referred to the Director General.

Part 6 concerns the handling of DSI matters and comprises regulations 31 to 36. Part 6 contains provision in relation to the recording and referral of DSI matters that is broadly similar to the provision contained in Parts 3 to 5.

Part 7 comprises regulations 37 to 56. In particular, Part 7 contains provision about the form of investigations into a complaint, recordable conduct matter or DSI matter; how these investigations are to operate and their timeliness; and sets out the special procedures that should be followed in certain cases of alleged serious misconduct.

Part 8 comprises regulations 57 to 70. In particular, Part 8 contains provision about duties to keep the complainant and certain other persons informed regarding a complaint or matter which is the subject of an investigation; the provision of information to the Director General; and restrictions on the disclosure of sensitive information. Part 8 also contains provision relating to the power of the Director General to serve an information notice.

Part 9 comprises regulations 71 to 78. In particular, Part 9 contains provision about reports and recommendations following an investigation and modifies certain requirements relating to notifications and determinations where a complaint or conduct matter relates to a person whose identity is unascertained.

Part 10 comprises regulations 79 to 86. In particular, Part 10 contains provision about the power of the Director General to require re-investigation of a complaint, recordable conduct matter or DSI matter and about the review of the outcome of an investigation into a complaint. Part 10 also contains provision about the making of recommendations following an investigation.

The guidance referred to in regulations 20, 22, 24, 28, 47 and 66 is IOPC statutory guidance on the police complaints system, issued under section 22 of the 2002 Act and can be viewed at https://www.policeconduct.gov.uk/complaints/information-for-police. Hard copies are available for inspection at the PSFA Enforcement Unit, Cabinet Office, 1 Horse Guards Road, London SW1A 2HQ at reasonable times, following a written request to the address concerned or to [email protected].

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.