Regulation 44 Investigations by the Director General ...F1F3I1
England and Wales
This regulation applies where the Director General has determined that F2the Director General should ... carry out the investigation of a complaint, recordable conduct matter or DSI matter.
The Director General must 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 must 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).
A F5person who—
is designated under paragraph (2) in relation to any investigation; but
does not already, by virtue of section 97(8) (police officers engaged on service outside their force) of the Police Act 1996 have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,
has, for the purposes of the carrying out of the investigation and all purposes connected with it, all those powers and privileges throughout England and Wales and those waters.
A F6person designated under paragraph (2) who is not a constable is not, as a result of paragraph (3), to be treated as being in police service for the purposes of—
section 280 (police service) of the Trade Union and Labour Relations (Consolidation) Act 1992f1; or
section 200 (police officers) of the Employment Rights Act 1996f2.
References in this regulation to the powers and privileges of a constable—
are references to any power or privilege conferred by or under any enactment (including one passed after the making of these Regulations) on a constable; and
have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this regulation).
In this regulation “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.
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), regs. 1, 36(2)(a) (with regs. 36(4), 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), regs. 1, 36(2)(c) (with reg. 37)
- F3
Word in Regulations omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(3) (with regs. 36(4), 37)
- F4
Reg. 44(2)(2A) substituted for reg. 44(2) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(14)(a) (with regs. 37, 38)
- F5
Word in reg. 44(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(14)(b) (with regs. 37, 38)
- F6
Words in reg. 44(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(14)(c) (with regs. 37, 38)
Commencement
- I1
Reg. 44 in force at 30.4.2017, see reg. 1
Footnotes
- f1
- f2