Regulation 29 Conduct matters arising in civil proceedingsI1
England and Wales
This regulation applies where—
the chief officer, the local policing body or the contractor has received notification (whether or not under this regulation) that civil proceedings relating to any matter have been brought by a member of the public against the chief officer, the local policing body or the contractor, or it otherwise appears to the chief officer, the local policing body or the contractor that such proceedings are likely to be so brought; and
it appears to the chief officer, the local policing body or the contractor (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.
In a case where the chief officer has not received notification in accordance with paragraph (1), the local policing body or the contractor shall notify the chief officer about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in paragraph (1)(b).
In a case where the chief officer determines that the matter is one which the chief officer is required to refer to the F1Director General under regulation 33, or is one which it would be appropriate to so refer, the chief officer shall record the matter.
In any other case, the chief officer shall determine whether the matter is repetitious within the meaning of regulation 31.
In a case where the chief officer determines that the matter is not repetitious within the meaning of regulation 31, the chief officer shall record the matter.
In any other case, the chief officer may (but need not) record the matter.
In a case where the chief officer—
records a matter under this regulation; and
is not required to refer the matter to the Director General under regulation 33 and does not do so,
the chief officer may deal with the matter in such other manner (if any) as it may determine.
Nothing in paragraph (3) or (5) shall require the chief officer to record any conduct matter if the chief officer is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.
For the purposes of this regulation civil proceedings involve a conduct matter if—
they relate to such a matter; or
they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.
Annotations
Textual amendments
- F1
Words in Regulations substituted (except in reg. 1) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(a) (with regs. 33(3), 37)