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The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

S.I. 2015/431 · Made 26 February 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 27 June 2018.

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

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

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

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Saving and transitional provisions
  5. 4Application: general
  6. 5Delegation of functions to the contractor manager
  7. Part 2: Complaints and Misconduct
  8. 6General functions of the Director General under these Regulations
  9. 6AGeneral Functions of the IOPC under these Regulations
  10. 6BEfficiency etc. in exercise of functions
  11. 7Reports to the Secretary of State
  12. 8Complaints, matters and persons to which these Regulations apply
  13. 9General duties of local policing bodies, chief officers, contractors and inspectors
  14. 10Payment for assistance with investigations
  15. 11Provision of information to the Director General
  16. 12Inspection of premises on behalf of the Director General
  17. 13Duty to keep the complainant informed
  18. 14Duty to provide information for other persons
  19. 15Manner in which duties to provide information are to be performed
  20. 16Exceptions to the duty to keep the complainant informed and to provide information for other persons
  21. Part 3: Handling of complaints
  22. 17Duties to preserve evidence relating to complaints
  23. 18Initial handling and recording of complaints
  24. 19Copies of complaints etc
  25. 20Recording of complaints
  26. 21Failures to notify or record a complaint
  27. 22Reference of complaints to the Director General
  28. 23Duties of the Director General on references under regulation 22
  29. 24Handling of complaints by the appropriate authority
  30. 25Disapplication of requirements of these Regulations
  31. 26Regulation 26
  32. 27Local resolution of complaints
  33. 28Appeals relating to complaints dealt with other than by investigation
  34. Part 4: Handling of conduct matters
  35. 29Conduct matters arising in civil proceedings
  36. 30Recording etc. of conduct matters in other cases
  37. 31Conduct matters not required to be recorded
  38. 32Duties to preserve evidence relating to conduct matters
  39. 33Reference of conduct matters to the Director General
  40. 34Duties of the Director General on references under regulation 33
  41. Part 5: Handling of Death and Serious Injury (DSI) Matters
  42. 35Duty to record DSI matters
  43. 36Duty to preserve evidence relating to DSI matters
  44. 37Reference of DSI matters to the Director General
  45. 38Duties of Director General on references under regulation 37
  46. Part 6: Investigations and Subsequent Proceedings
  47. 39Power of the Director General to determine the form of an investigation
  48. 40Appointment of persons to carry out investigations
  49. 41Withdrawn complaints
  50. 42Investigations by the appropriate authority on its own behalf
  51. 43Investigations supervised by the Director General
  52. 44Investigations managed by the Director General
  53. 45Investigations by the Director General itself
  54. 46Investigations by the Director General: power to serve information notice
  55. 47Failure to comply with information notice
  56. 48Appeals against information notices
  57. 49Sensitive information: restriction on further disclosure
  58. 50Combining and splitting investigations
  59. 51Relinquishing the Director General’s supervision or management of an investigation
  60. 52Circumstances in which an investigation or other procedure may be suspended
  61. 53Resumption of investigation after criminal proceedings
  62. 54Special procedure: assessment of seriousness of conduct under investigation
  63. 55Duty to consider submissions from person whose conduct is being investigated
  64. 56Interview of person whose conduct is being investigated
  65. 57Duty to provide certain information to appropriate authority
  66. 58Contractor friend
  67. 59Interview of the contractor during certain investigations
  68. 60Restrictions on proceedings pending the conclusion of an investigation
  69. 61Accelerated procedure in special cases
  70. 62Investigations managed or carried out by Director General: action by appropriate authority
  71. 63Investigations managed or carried out by Director General: action by Director General
  72. 64Regulation 64
  73. 65Other investigations: action by appropriate authority
  74. 66Regulation 66
  75. 67Special cases: recommendation or direction of Director General
  76. 68Regulation 68
  77. 69Power to discontinue an investigation
  78. 70Regulation 70
  79. 71Procedure where conduct matter is revealed during investigation of DSI matter
  80. Part 7: Reports and Recommendations
  81. 72Final reports on investigations: complaints, conduct matters and certain DSI matters
  82. 73Action by the Director General in response to an investigation report under regulation 72
  83. 74Action by the appropriate authority in response to an investigation report under regulation 72
  84. 75Final reports on investigations: other DSI matters
  85. 76Action by the Director General in response to an investigation report under regulation 75
  86. 77Appeals with respect to an investigation
  87. 78Reviews and re-investigations following an appeal
  88. 79Duties with respect to disciplinary proceedings etc.
  89. 80Information for complainant about disciplinary recommendations
  90. 81Recommendations by the Director General
  91. 82Response to recommendation
  92. Part 8: General
  93. 83Complaints or conduct matters concerning a person who has subsequently ceased to be a contractor
  94. 84Complaints or conduct matters concerning a person whose identity is unascertained
  95. 85Notification of actions and decisions
  96. 86Keeping of records
  97. 87Register to be kept by the Director General
  98. 88Delegation of powers and duties by the chief officer
  99. 89Manner and time limits of notifications
  100. 90Appeals
  101. 91Relevant appeal body
  102. Signature
  103. Schedule Schedule
  104. Explanatory note