The National Crime Agency (Complaints and Misconduct) Regulations 2013
S.I. 2013/2325 · Made 9 September 2013 · Extends to England and Wales
National Crime Agency
Made 9th September 2013
Laid before Parliament 16th September 2013
Coming into force 7th October 2013
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 26C(1), (2) and (7) 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 of England and Wales and has taken into consideration their representations before making these Regulations.
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 26C was inserted by section 11(6) of the Crime and Courts Act 2013 (c. 22).
- 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 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
- 3Revocation and transitional provisions
- Part 2: Complaints and Misconduct
- 4Application: general
- 5Application of the 2002 Act
- 6General functions of the IOPC DG 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 the Permanent Secretary, Director General and inspectors
- 10Payment for assistance with investigations
- 11Provision of information to the IOPC DG
- 12Inspection of premises on behalf of the IOPC DG
- 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 IOPC DG
- 23Duties of the IOPC DG on references under regulation 22
- 24Handling of complaints by the appropriate authority
- 25Disapplication of requirements of these Regulations
- 26Local resolution of complaints
- 27Appeals relating to complaints dealt with other than by investigation
- Part 4: Handling of conduct matters
- 28Conduct matters arising in civil proceedings
- 29Recording etc. of conduct matters in other cases
- 30Conduct matters not required to be recorded
- 31Duties to preserve evidence relating to conduct matters
- 32Reference of conduct matters to the IOPC DG
- 33Duties of the IOPC DG on references under regulation 28
- Part 5: Handling of Death and Serious Injury (DSI) Matters
- 34Duty to record DSI matters
- 35Duty to preserve evidence relating to DSI matters
- 36Reference of DSI matters to the IOPC DG
- 37Duties of IOPC DG on references under regulation 36
- Part 6: Investigations and Subsequent Proceedings
- 38Power of the IOPC DG to determine the form of an investigation
- 39Appointment of persons to carry out investigations
- 40Withdrawn complaints
- 41Investigations by the appropriate authority on its own behalf
- 42Investigations supervised by the IOPC DG
- 43Investigations managed by the IOPC DG
- 44Investigations by the IOPC DG itself
- 45Combining and splitting investigations
- 46Relinquishing the IOPC DG’s supervision or management of an investigation
- 47Circumstances in which an investigation or other procedure may be suspended
- 48Resumption of investigation after criminal proceedings
- 49Special procedure: assessment of seriousness of conduct under investigation
- 50Duty to consider submissions from person whose conduct is being investigated
- 51Interview of person whose conduct is being investigated
- 52Duty to provide certain information to appropriate authority
- 53NCA friend
- 54Interview of the Director General or an NCA officer during certain investigations
- 55Restrictions on proceedings pending the conclusion of an investigation
- 56Accelerated procedure in special cases
- 57Investigations managed or carried out by IOPC DG: action by appropriate authority
- 58Investigations managed or carried out by IOPC DG: action by IOPC DG
- 59Investigations managed or carried out by IOPC DG: action by IOPC DG
- 60Other investigations: action by appropriate authority
- 61Other investigations: action by appropriate authority
- 62Special cases: recommendation or direction of IOPC DG
- 63Special cases: recommendation or direction of IOPC DG
- 64Power to discontinue an investigation
- 65Procedure where conduct matter is revealed during investigation of DSI matter
- Part 7: Reports and Recommendations
- 66Final reports on investigations: complaints, conduct matters and certain DSI matters
- 67Action by the IOPC DG in response to an investigation report under regulation 66
- 68Action by the appropriate authority in response to an investigation report under regulation 66
- 69Final reports on investigations: other DSI matters
- 70Action by the IOPC DG in response to an investigation report under regulation 69
- 71Appeals with respect to an investigation
- 72Reviews and re-investigations following an appeal
- 73Duties with respect to disciplinary proceedings
- 74Information for complainant about disciplinary recommendations
- Part 8: General
- 75Complaints or conduct matters concerning a person who has subsequently ceased to be the Director General or an NCA officer
- 76Complaints or conduct matters concerning a person whose identity is unascertained
- 77Notification of actions and decisions
- 78Keeping of records
- 79Register to be kept by the IOPC DG
- 80Delegation of powers and duties by the Director General
- 81Manner and time limits of notifications
- 82Appeals
- 83Relevant appeal body
- Signature
- Explanatory note