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The Service Police (Complaints etc.) Regulations 2023

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2023, ISBN 9780348245073

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 373(3) of the Armed Forces Act 2006, for approval by resolution of each House of Parliament.

Defence

Made ***

Coming into force 19th June 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 340P, 340R and 373(5) of the Armed Forces Act 2006f1.

In accordance with section 373(3) of the Armed Forces Act 2006, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2006 c. 52. Section 11 of the Armed Forces Act 2021 (c. 35) (“the 2021 Act”) inserted sections 340P and 340R into the Armed Forces Act 2006 (“the 2006 Act”) as part of the new Part 14B. That section also inserted section 365BA (Service Police Complaints Commissioner) and section 365BB (investigating officers). Schedule 4 to the 2021 Act makes further provision in relation to the Service Police Complaints Commissioner. There are other amendments to the 2006 Act which are not relevant to these Regulations.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: The Service Police Complaints Commissioner
  5. 3General functions of the Commissioner
  6. 4Cooperation between the Commissioner and the Chief Inspector of Constabulary
  7. 5Efficiency etc. in exercise of functions
  8. 6Strategy for exercise of functions
  9. 7Reports to the Secretary of State
  10. Part 3: Complaints etc.
  11. Chapter 1: General
  12. 8Application of this Part
  13. 9Complaints, matters and persons to which this Part applies
  14. 10Complaints and conduct matters relating to the conduct of former members of a service police force
  15. Chapter 2: Handling of complaints
  16. 11Duties to preserve evidence relating to complaints
  17. 12Initial handling and recording of complaints
  18. 13Reference of complaints to the Commissioner
  19. 14Power of the Commissioner to treat complaint as having been referred
  20. 15Recording of complaints: copies of complaints etc.
  21. 16Duties of the Commissioner on references under regulation 13
  22. 17Handling of complaints by the appropriate authority
  23. 18Reviews relating to complaints dealt with other than by investigation
  24. 19Withdrawn complaints
  25. 20Withdrawn complaints: no written signed notification
  26. Chapter 3: Handling of conduct matters
  27. 21Conduct matters arising in civil proceedings
  28. 22Recording etc. of conduct matters in other cases
  29. 23Duties to preserve evidence relating to conduct matters
  30. 24Reference of conduct matters to the Commissioner
  31. 25Power of the Commissioner to treat conduct matter as having been referred
  32. 26Duties of the Commissioner on references under regulation 24
  33. Chapter 4: Handling of Death and Serious Injury Matters
  34. 27Duty to record DSI matters
  35. 28Duty to preserve evidence relating to DSI matters
  36. 29Reference of DSI matters to the Commissioner
  37. 30Power of the Commissioner to treat DSI matter as having been referred
  38. 31Duties of the Commissioner on references under regulation 29
  39. Chapter 5: Investigations and Subsequent Proceedings etc.
  40. 32Power of the Commissioner to determine the form of an investigation
  41. 33Investigations by the appropriate authority on its own behalf
  42. 34Investigations directed by the Commissioner
  43. 35Appointment of persons to carry out investigations
  44. 36Investigations by the Commissioner
  45. 37Timeliness of investigations
  46. 38Combining and splitting investigations
  47. 39Change of form of investigation: provision of documentation and evidence
  48. 40Suspension of investigation or other procedure
  49. 41Resumption of investigation of complaint after disciplinary or criminal proceedings
  50. 42Complaints and conduct matters concerning a person whose identity is unascertained
  51. 43Investigations by the Commissioner: power to serve information notice
  52. 44Failure to comply with information notice
  53. 45Appeals against information notices
  54. 46Special procedure where investigation relates to service police
  55. 47Special procedure: severity assessment
  56. 48Special procedure: notification of severity assessment etc.
  57. 49Special procedure: revision of severity assessment
  58. 50Special procedure: representations to the person investigating
  59. 51Special procedure: interview of the person concerned
  60. 52Special procedure: duty to provide information to appropriate authority
  61. 53Procedure for interviews of witnesses who are members of the service police forces during certain investigations
  62. 54Restrictions on proceedings pending the conclusion of an investigation
  63. 55Procedure where conduct matter is revealed during investigation of DSI matter
  64. 56Final reports on investigations: complaints, conduct matters and certain DSI matters
  65. 57Action by the Commissioner in relation to an investigation report under regulation 56
  66. 58Action by the appropriate authority in response to an investigation report under regulation 56
  67. 59Provision of copy of report on investigation etc. to person to whose conduct the investigation related
  68. 60Final reports on investigations: other DSI matters
  69. 61Action by the Commissioner in relation to an investigation report under regulation 60
  70. 62Appropriate authority to notify the Commissioner of outcome of administrative action procedures etc.
  71. 63Power of the Commissioner to require re-investigation
  72. 64Reviews with respect to an investigation and recommendations by relevant review bodies
  73. 65Application for reviews under regulations 18 and 64
  74. 66Re-investigations following a review
  75. 67Notification of determination of form of investigation etc: exceptions
  76. 68Recommendations by the Commissioner, the Defence Council or the Boards
  77. 69Recommendations by the Commissioner
  78. 70Response to recommendation
  79. 71Delegation of exercise or performance of powers and duties by the Defence Council or a Board
  80. 72Manner and time limit of notifications under this Part
  81. 73General duties of the Defence Council, the Boards, Provost Marshals and Inspectors
  82. 74Provision of information to the Commissioner
  83. 75Inspections of service police premises on behalf of the Commissioner
  84. 76Records to be kept by the Defence Council, Boards and Provost Marshals
  85. 77Duty to keep the complainant informed
  86. 78Duty to provide information for other persons
  87. 79Manner in which duties to keep the complainant and interested person informed are to be performed
  88. 80Exceptions to duties to keep the complainant and interested person informed
  89. 81Restrictions on disclosure of sensitive information
  90. 82Provision of sensitive information to the Commissioner and certain investigators
  91. 83Register to be kept by the Commissioner
  92. 84Delegation of exercise or performance of powers and duties by Provost Marshals
  93. 85Power of the Commissioner to issue guidance
  94. 86Consequential amendments
  95. Part 4: Super-complaints
  96. Chapter 1: Interpretation
  97. 87Interpretation of this Part
  98. Chapter 2: Power to make super-complaints
  99. 88Power to make super-complaints
  100. 89Criteria for the making of designations
  101. 90Criterion for the revocation of designations
  102. 91Guidance about super-complaints
  103. 92Requirements for making super-complaints
  104. Chapter 3: Duties in respect of super-complaints
  105. 93Duty to acknowledge receipt
  106. 94Duty to determine eligibility for consideration
  107. 95Duty to provide progress reports
  108. 96Duty to report on outcome of investigation
  109. Chapter 4: Further provision about super-complaints
  110. 97Powers in relation to investigations
  111. 98Information sharing etc.
  112. Signature
  113. Schedule 1: Further provision in relation to investigations under regulation 36 (investigations by the Commissioner)
  114. Part 1: Modifications
  115. 1Paragraph 1
  116. 2Application of the Criminal Justice and Public Order Act 1994
  117. 3Application of Part 3 and 4 of the Armed Forces Act 2006
  118. 4Application of the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009
  119. 5Application of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009
  120. 6Application of the Armed Forces (Disposal of Property) Regulations 2009
  121. 7Application of the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009
  122. 8Application of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021
  123. Part 2: Consequential Amendments
  124. 9Amendment of the Police Act 1997
  125. 10Amendment of the Regulation of Investigatory Powers Act 2000
  126. 11Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010
  127. Schedule 2: Consequential Amendments
  128. 1Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  129. 2Amendment of the Official Secrets Act 1989 (Prescription) Order 1990
  130. 3Amendment of the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015
  131. Explanatory note