Regulation 20 Investigations by the Director General ...F1F8I1
England and Wales
This regulation applies where the Director General has determined that F2the Director General should itself carry out the investigation of a complaint or conduct matter.
The Director General shall designate both—
a person to take charge of the investigation; and
such members of the IOPC’s staff as are required by the Director General to assist the person designated to take charge of the investigation.
The person designated under paragraph (2) to take charge of an investigation shall be—
the Director General acting personally; or
a person who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 to the 2002 Act (delegation of Director General’s functions).
Paragraph 19(4), (5), (7) and (8) of Schedule 3 to the 2002 Act (powers of constable for F4IOPC staff) shall apply in relation to an investigation under this regulation, with the modification that the reference in paragraph 19(4)(a) to a member of the F5IOPC’s staff designated under paragraph 19(2) shall have effect as a reference to a member of the IOPC’s staff designated under paragraph (2) of this regulation.
Any order made under section 19 of, or paragraph 19(6) of Schedule 3 to, the 2002 Act (use of investigatory powers by or on behalf of the Director General; application of provisions of Police and Criminal Evidence Act 1984f1 to investigations conducted by F6IOPC staff) shall apply in relation to an investigation under this regulation, with the modification that any reference in the order to a member of the F7IOPC’s staff designated under paragraph 19(2) of Schedule 3 to the 2002 Act shall have effect as a reference to a member of the IOPC’s staff designated under paragraph (2) of this regulation.
Annotations
Textual amendments
- F1
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(a) (with regs. 21(3), 37)
- F2
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(c) (with regs. 21(3), 37)
- F3
Reg. 20(2)(2A) substituted for reg. 20(2) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(b) (with regs. 37, 38)
- F4
Word in reg. 20(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(c)(i) (with regs. 37, 38)
- F5
Word in reg. 20(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(c)(ii) (with regs. 37, 38)
- F6
Word in reg. 20(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(d)(i) (with regs. 37, 38)
- F7
Word in reg. 20(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(d)(ii) (with regs. 37, 38)
- F8
Word in reg. 20 heading omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(a) (with regs. 37, 38)
Commencement
- I1
Reg. 20 in force at 16.1.2012, see reg. 1
Footnotes
- f1