Explanatory note

This Order confers powers on the Independent Police Complaints Commission (“the Commission”) in relation to investigations it carries out under paragraph 19 of Schedule 3 to the Police Reform Act 2002 (“the 2002 Act”).

Section 136 of the Anti-social Behaviour, Crime and Policing Act 2014 amends paragraph 19 of Schedule 3 to the 2002 Act to confer power on the Secretary of State to make an order enabling a member of the Commission’s staff to exercise a power under the Police and Criminal Evidence Act 1984 (“the 1984 Act”) (which includes a power contained in a code of practice issued under sections 60, 60A or 66 of that Act) in respect of which authorisation would otherwise be required by a police officer of or above a specified rank if authorisation is given by another member of the Commission’s staff of or above a specified grade.

This Order specifies the powers in or under the 1984 Act in respect of which a member of the Commission’s staff may give such authorisation.

Article 2 of this Order specifies the provisions of the 1984 Act, Code B and Code C which apply, subject to the modification of those provisions in article 3, to the investigation of offences conducted by virtue of paragraph 19 of Schedule 3 to the Police Reform Act 2002 by members of the Commission’s staff designated under that paragraph.

Article 3(a) specifies the grade of the member of the Commission’s staff (by reference to table 1 in the Schedule) who may authorise the exercise of powers contained in the 1984 Act.

Article 3(b) specifies the grade of the authorising member of the Commission’s staff (by reference to table 2 in the Schedule) who may authorise the exercise of powers contained in the code of practice issued under section 66(1)(c) and (d) of the 1984 Act (powers of entry, search and seizure).

Article 3(c) specifies the grade of the authorising member of the Commission’s staff (by reference to table 3 in the Schedule) who may authorise the exercise of powers contained in the code of practice issued under section 66(1)(b) of the 1984 Act (detention, treatment and questioning of persons).

An impact assessment has not been prepared for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.