{
  "url": "https://openlegislation.uk/independent-office-for-police-conduct-transitional-and-consequential-regulations-2017/regulation-17",
  "json_url": "https://openlegislation.uk/independent-office-for-police-conduct-transitional-and-consequential-regulations-2017/regulation-17.json",
  "legislation": "uksi/2017/1250",
  "legislation_title": "The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/independent-office-for-police-conduct-transitional-and-consequential-regulations-2017",
  "path": "regulation/17",
  "kind": "regulation",
  "number": "17",
  "heading": "Amendment of the UK Border Agency (Complaints and Misconduct) Regulations 2010",
  "text": "(1) The UK Border Agency (Complaints and Misconduct) Regulations 2010 are amended as follows.\n(2) For—\n(a) “Commission” in each place where it occurs substitute “Director General”;\n(b) “Independent Police Complaints Commission” in each place where it occurs substitute “Independent Office for Police Conduct”;\n(c) “IPCC” in each place where it occurs substitute “Director General”;\n(d) “IPCC’s” in each place where it occurs substitute “Director General’s’”;\n(e) “it” in each place where it occurs and is used as a pronoun in place of “the IPCC” substitute “the Director General”;\n(f) “its” in each place where it occurs and is used to mean “the IPCC’s” substitute “the Director General’s”.\n(3) The amendments made by virtue of paragraph (2)(c) to (f) do not apply to occurrences of “IPCC”, “IPCC’s”, “it” or “its” amended by another provision within this regulation.\n(4) In regulation 2—\n(a) in paragraph (1)—\n(i) omit the definition of “IPCC”;\n(ii) at the appropriate places insert—\n““Director General” means the Director General of the Independent Office for Police Conduct;” and\n““IOPC” means the Independent Office for Police Conduct”; and\n(iii) in the definition of “serious injury” for “IPCC guidance” substitute “guidance issued by the Director General”; and\n(b) in paragraph (8) omit “itself” in both places where it occurs.\n(5) In regulation 5 for “IPCC” in each place where it occurs substitute “IOPC”.\n(6) In regulation 6—\n(a) in paragraph (1)(a) omit “itself”;\n(b) after paragraph (7) insert—\n“(7A) In carrying out functions in relation to the relevant appropriate authority the Director General shall have regard to any advice provided to the Director General by the IOPC (see regulation 6A(1)(a)).”; and\n(c) in paragraph (9) for “IPCC” where it first occurs substitute “IOPC”.\n(7) After regulation 6 insert—\n“General Functions of the IOPC\n6A. (1) The functions of the IOPC in relation to the relevant appropriate authority are—\n(a) to provide support and advice to the Director General in the carrying out of the Director General’s functions under these Regulations, and\n(b) to monitor and review the carrying out of such functions.\n(2) The IOPC is to perform its functions under these Regulations for the general purpose of improving the way in which the Director General’s functions under these Regulations are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).\n(3) In carrying out its functions under these Regulations the IOPC must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.\n(4) The IOPC may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these Regulations.\nEfficiency etc. in exercise of functions\n6B. The Director General and the IOPC must carry out their functions under these Regulations efficiently and effectively.”.\n(8) In regulation 7—\n(a) for paragraph (1) substitute—\n“(1) As soon as practicable after the end of each of the IOPC’s financial years, the Director General and the IOPC must jointly make a report to the Secretary of State on the carrying out of their functions under these Regulations during that year.”; and\n(b) for paragraph (6) substitute—\n“(6) The IOPC must send a copy of every report under paragraph (1) to the Secretary of State and the relevant appropriate authority.\n(6A) The Director General must send a copy of every report under paragraphs (3) and (4) to the Secretary of State and the relevant appropriate authority.”.\n(9) In regulation 10—\n(a) in paragraph (4)(a) for “IPCC’s” substitute “IOPC’s”; and\n(b) in paragraph (5) omit “itself”.\n(10) In regulation 11(5) for “it” substitute “the IOPC”.\n(11) In regulations 18(3)(d), 21(1)(b)(iv) and 23(2)(d) for “guidance by the IPCC” substitute “guidance issued by the Director General”.\n(12) In regulation 29—\n(a) in paragraph (1)—\n(i) before “41” insert “or”; and\n(ii) omit “or 42 (investigations by the IPCC itself)”;\n(b) after paragraph (2) insert—\n“(2A) If during the course of an investigation of a DSI matter being carried out by a person designated under regulation 42 the Director General determines that there is an indication that a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor (“the person whose conduct is in question”) may have—\n(a) committed an offence, or\n(b) behaved in a manner which would justify the bringing of disciplinary proceedings,\nthe Director General shall proceed under paragraph (2B).\n(2B) The Director General shall—\n(a) prepare a record of the determination;\n(b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and\n(c) send to it (or each of them) a copy of the record of the determination prepared under sub-paragraph (a).”; and\n(c) in paragraph (4)(a) after “paragraph (2)” insert “or (2B)”.\n(13) In regulation 42—\n(a) in paragraph (1) omit “itself”;\n(b) for paragraph (2) substitute—\n“(2) The Director General shall designate both—\n(a) a person to take charge of the investigation; and\n(b) 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.\n(2A) The person designated under paragraph (2) to take charge of an investigation shall be—\n(a) the Director General acting personally; or\n(b) 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).”;\n(c) in paragraph (3) for “member of the IPCC’s staff” substitute “person”; and\n(d) in paragraph (4) for “member of the IPCC’s staff” substitute “person designated under paragraph (2).\n(14) In regulation 46(1) after “(final reports on investigations: other DSI matters)” insert “or, where under regulation 62 the Director General has personally carried out the investigation, a report has been completed by the Director General”.\n(15) In regulation 49(6) for “its” substitute “their”.\n(16) In regulation 51(1) after “the person investigating” where it first occurs insert “, or in the case of an investigation by a designated person under regulation 42 the Director General,”.\n(17) In regulation 54—\n(a) in paragraph (4)(a) after “is likely to be submitted” insert “or, in the case of an investigation under regulation 42 by the Director General acting personally, completed”;\n(b) in paragraph (5) for “it” where it second occurs substitute “the Director General or, as the case may be, the relevant appropriate authority”.\n(18) In regulation 55(2) for “it” substitute “the Director General or, as the case may be, the relevant appropriate authority”.\n(19) In regulation 58(3)(b) for “they determine” substitute “the Director General determines”.\n(20) In regulation 62—\n(a) in paragraph (6)—\n(i) omit “itself” in the first place where it occurs;\n(ii) for “by the IPCC itself shall submit a report on it to the IPCC” substitute—\n“shall—\n(a) submit a report on the investigation to the Director General, or\n(b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.”;\n(b) in paragraph (7) after “A person submitting” insert “or, in the case of an investigation under regulation 42 by the Director General personally, completing”; and\n(c) in paragraph (8) after “A person who has submitted” insert “or, in the case of an investigation under regulation 42 by the Director General personally, completed”.\n(21) In regulation 63—\n(a) in paragraph (1)(b) for “it” substitute “the Director General, or is otherwise completed,”; and\n(b) in paragraph (2) after “On receipt of the report” insert “, or on its completion by the Director General,”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2010/782."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/1250/regulation/17",
    "retrieved_at": "2026-10-28T23:04:49.194046+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}