The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015
S.I. 2015/431 · Made 26 February 2015 · Extends to England and Wales
Police, England And Wales
Made 26th February 2015
Laid before Parliament 3rd March 2015
Coming into force 8th April 2015
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 12(8) and (9), 23(2) and 105(4) and (5) of the Police Reform Act 2002f1.
In accordance with section 24 of the Police Reform Act 2002, the Secretary of State has consulted with the Independent Police Complaints Commission, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council, the Association of Chief Police Officers and such other persons as she thinks fit.
In accordance with section 63(3)(b) of the Police Act 1996f2, the Secretary of State supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the Board’s representations.
Annotations to the whole text
Footnotes
- f1
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2002 c. 30. Relevant amendments were made by paragraphs 1, 9 and 10 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 1 and 2 of Schedule 23 to the Criminal Justice and Immigration Act 2008 (c. 4), Schedules 14 and 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and sections 1 to 3 of the Police Complaints and Conduct) Act 2012 (c. 22). Section 12(8) and (9) was inserted by section 135 of the Anti-social Behaviour, Crime and Police Act 2014 (c. 12).
- f2
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1996 c. 16. Section 63(3)(b) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime and Policing Act 2005; there have been further amendments to section 63 that are not relevant for these purposes.
Contents
- Part 1: Introductory
- 1Citation, commencement and extent
- 2Interpretation
- 3Saving and transitional provisions
- 4Application: general
- 5Delegation of functions to the contractor manager
- Part 2: Complaints and Misconduct
- 6General functions of the Director General under these Regulations
- 6AGeneral Functions of the IOPC under these Regulations
- 6BEfficiency etc. in exercise of functions
- 7Reports to the Secretary of State
- 8Complaints, matters and persons to which these Regulations apply
- 9General duties of local policing bodies, chief officers, contractors and inspectors
- 10Payment for assistance with investigations
- 11Provision of information to the Director General
- 12Inspection of premises on behalf of the Director General
- 13Duty to keep the complainant informed
- 14Duty to provide information for other persons
- 15Manner in which duties to provide information are to be performed
- 16Exceptions to the duty to keep the complainant informed and to provide information for other persons
- Part 3: Handling of complaints
- 17Duties to preserve evidence relating to complaints
- 18Initial handling and recording of complaints
- 19Copies of complaints etc
- 20Recording of complaints
- 21Failures to notify or record a complaint
- 22Reference of complaints to the Director General
- 23Duties of the Director General on references under regulation 22
- 24Handling of complaints by the appropriate authority
- 25Disapplication of requirements of these Regulations
- 26Regulation 26
- 27Local resolution of complaints
- 28Appeals relating to complaints dealt with other than by investigation
- Part 4: Handling of conduct matters
- 29Conduct matters arising in civil proceedings
- 30Recording etc. of conduct matters in other cases
- 31Conduct matters not required to be recorded
- 32Duties to preserve evidence relating to conduct matters
- 33Reference of conduct matters to the Director General
- 34Duties of the Director General on references under regulation 33
- Part 5: Handling of Death and Serious Injury (DSI) Matters
- 35Duty to record DSI matters
- 36Duty to preserve evidence relating to DSI matters
- 37Reference of DSI matters to the Director General
- 38Duties of Director General on references under regulation 37
- Part 6: Investigations and Subsequent Proceedings
- 39Power of the Director General to determine the form of an investigation
- 40Appointment of persons to carry out investigations
- 41Withdrawn complaints
- 42Investigations by the appropriate authority on its own behalf
- 43Investigations supervised by the Director General
- 44Investigations managed by the Director General
- 45Investigations by the Director General itself
- 46Investigations by the Director General: power to serve information notice
- 47Failure to comply with information notice
- 48Appeals against information notices
- 49Sensitive information: restriction on further disclosure
- 50Combining and splitting investigations
- 51Relinquishing the Director General’s supervision or management of an investigation
- 52Circumstances in which an investigation or other procedure may be suspended
- 53Resumption of investigation after criminal proceedings
- 54Special procedure: assessment of seriousness of conduct under investigation
- 55Duty to consider submissions from person whose conduct is being investigated
- 56Interview of person whose conduct is being investigated
- 57Duty to provide certain information to appropriate authority
- 58Contractor friend
- 59Interview of the contractor during certain investigations
- 60Restrictions on proceedings pending the conclusion of an investigation
- 61Accelerated procedure in special cases
- 62Investigations managed or carried out by Director General: action by appropriate authority
- 63Investigations managed or carried out by Director General: action by Director General
- 64Regulation 64
- 65Other investigations: action by appropriate authority
- 66Regulation 66
- 67Special cases: recommendation or direction of Director General
- 68Regulation 68
- 69Power to discontinue an investigation
- 70Regulation 70
- 71Procedure where conduct matter is revealed during investigation of DSI matter
- Part 7: Reports and Recommendations
- 72Final reports on investigations: complaints, conduct matters and certain DSI matters
- 73Action by the Director General in response to an investigation report under regulation 72
- 74Action by the appropriate authority in response to an investigation report under regulation 72
- 75Final reports on investigations: other DSI matters
- 76Action by the Director General in response to an investigation report under regulation 75
- 77Appeals with respect to an investigation
- 78Reviews and re-investigations following an appeal
- 79Duties with respect to disciplinary proceedings etc.
- 80Information for complainant about disciplinary recommendations
- 81Recommendations by the Director General
- 82Response to recommendation
- Part 8: General
- 83Complaints or conduct matters concerning a person who has subsequently ceased to be a contractor
- 84Complaints or conduct matters concerning a person whose identity is unascertained
- 85Notification of actions and decisions
- 86Keeping of records
- 87Register to be kept by the Director General
- 88Delegation of powers and duties by the chief officer
- 89Manner and time limits of notifications
- 90Appeals
- 91Relevant appeal body
- Signature
- Schedule Schedule
- Explanatory note