Section 19 Power to require appointment of investigating officers.
England, Wales and Northern Ireland
Where the Commission believe that inquiries should be made for assisting them in the exercise of any of their functions in relation to any case they may require the appointment of an investigating officer to carry out the inquiries.
Where any offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed—
on the person who is the appropriate person in relation to the public body, or
where the public body has ceased to exist, on any chief officer of police or on the person who is the appropriate person in relation to any public body which appears to the Commission to have functions which consist of or include functions similar to any of those of the public body which has ceased to exist.
Where the Commission has power to impose a requirement under paragraph (a) of subsection (2) and the public body referred to in that paragraph is mentioned in section 22(4A), that power includes power to impose the requirement on the Provost Marshal for serious crime (instead of the person who is the appropriate person in relation to the public body).
Where no offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed on any chief officer of police F2or Provost Marshal.
A requirement under this section imposed on a chief officer of police may be—
a requirement to appoint a person serving in the police force in relation to which he is the chief officer of police, or
a requirement to appoint a person serving F3in a body selected by the chief officer which is—
another police force,
a service police force, or
the tri-service serious crime unit.
A requirement under this section imposed on F5the Provost Marshal of a service police force may be—
a requirement to appoint a person serving in F6that service police force, or
a requirement to appoint a person serving in a body selected by the Provost Marshal which is—
a police force,
another service police force, or
the tri-service serious crime unit.
A requirement under this section imposed on the Provost Marshal for serious crime may be—
a requirement to appoint a person serving in the tri-service serious crime unit, or
a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in a service police force selected by the Provost Marshal.
A requirement under this section F9imposed otherwise than on a chief officer of police or a Provost Marshal may be—
a requirement to appoint a person serving in the public body F10in relation to which the person on whom the requirement is imposed is the appropriate person, or
a requirement to appoint a person serving in a body selected by the appropriate person which is—
a police force, a service police force or the tri-service serious crime unit, or
a public body (not falling within sub-paragraph (i)) having functions which consist of or include the investigation of offences.
Where an appointment is made under this section by the person who is the appropriate person in relation to any public body F15or by the Provost Marshal for serious crime, that person shall inform the Commission of the appointment; and if the Commission are not satisfied with the person appointed they may direct that—
the person who is the appropriate person in relation to the public body F16or (as the case requires) the Provost Marshal for serious crime shall, as soon as is reasonably practicable, select another person in his place and notify the Commission of the proposal to appoint the other person, and
the other person shall not be appointed without the approval of the Commission.
In this section “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
Annotations
Textual amendments
- F1
S. 19(2A) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F2
Words in s. 19(3) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F3
Words in s. 19(4)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F4
S. 19(4A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F5
Words in s. 19(4A) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(4)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F6
Words in s. 19(4A)(a) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(4)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F7
S. 19(4A)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(4)(c); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F8
S. 19(4B) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(5); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F9
Words in s. 19(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F10
Words in s. 19(5)(a) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F11
S. 19(5)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(6); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F12
Words in s. 19(6)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(7)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F13
Words in s. 19(6) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(6)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F14
Word in s. 19(6) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(7)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F15
Words in s. 19(7) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(8)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F16
Words in s. 19(7)(a) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(8)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
- F17
S. 19(8) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(9); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4