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The National Crime Agency (Complaints and Misconduct) Regulations 2013

S.I. 2013/2325 · Made 9 September 2013 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 8 January 2018.

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

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

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

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Revocation and transitional provisions
  5. Part 2: Complaints and Misconduct
  6. 4Application: general
  7. 5Application of the 2002 Act
  8. 6General functions of the IOPC DG 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 the Permanent Secretary, Director General and inspectors
  14. 10Payment for assistance with investigations
  15. 11Provision of information to the IOPC DG
  16. 12Inspection of premises on behalf of the IOPC DG
  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 IOPC DG
  28. 23Duties of the IOPC DG on references under regulation 22
  29. 24Handling of complaints by the appropriate authority
  30. 25Disapplication of requirements of these Regulations
  31. 26Local resolution of complaints
  32. 27Appeals relating to complaints dealt with other than by investigation
  33. Part 4: Handling of conduct matters
  34. 28Conduct matters arising in civil proceedings
  35. 29Recording etc. of conduct matters in other cases
  36. 30Conduct matters not required to be recorded
  37. 31Duties to preserve evidence relating to conduct matters
  38. 32Reference of conduct matters to the IOPC DG
  39. 33Duties of the IOPC DG on references under regulation 28
  40. Part 5: Handling of Death and Serious Injury (DSI) Matters
  41. 34Duty to record DSI matters
  42. 35Duty to preserve evidence relating to DSI matters
  43. 36Reference of DSI matters to the IOPC DG
  44. 37Duties of IOPC DG on references under regulation 36
  45. Part 6: Investigations and Subsequent Proceedings
  46. 38Power of the IOPC DG to determine the form of an investigation
  47. 39Appointment of persons to carry out investigations
  48. 40Withdrawn complaints
  49. 41Investigations by the appropriate authority on its own behalf
  50. 42Investigations supervised by the IOPC DG
  51. 43Investigations managed by the IOPC DG
  52. 44Investigations by the IOPC DG itself
  53. 45Combining and splitting investigations
  54. 46Relinquishing the IOPC DG’s supervision or management of an investigation
  55. 47Circumstances in which an investigation or other procedure may be suspended
  56. 48Resumption of investigation after criminal proceedings
  57. 49Special procedure: assessment of seriousness of conduct under investigation
  58. 50Duty to consider submissions from person whose conduct is being investigated
  59. 51Interview of person whose conduct is being investigated
  60. 52Duty to provide certain information to appropriate authority
  61. 53NCA friend
  62. 54Interview of the Director General or an NCA officer during certain investigations
  63. 55Restrictions on proceedings pending the conclusion of an investigation
  64. 56Accelerated procedure in special cases
  65. 57Investigations managed or carried out by IOPC DG: action by appropriate authority
  66. 58Investigations managed or carried out by IOPC DG: action by IOPC DG
  67. 59Investigations managed or carried out by IOPC DG: action by IOPC DG
  68. 60Other investigations: action by appropriate authority
  69. 61Other investigations: action by appropriate authority
  70. 62Special cases: recommendation or direction of IOPC DG
  71. 63Special cases: recommendation or direction of IOPC DG
  72. 64Power to discontinue an investigation
  73. 65Procedure where conduct matter is revealed during investigation of DSI matter
  74. Part 7: Reports and Recommendations
  75. 66Final reports on investigations: complaints, conduct matters and certain DSI matters
  76. 67Action by the IOPC DG in response to an investigation report under regulation 66
  77. 68Action by the appropriate authority in response to an investigation report under regulation 66
  78. 69Final reports on investigations: other DSI matters
  79. 70Action by the IOPC DG in response to an investigation report under regulation 69
  80. 71Appeals with respect to an investigation
  81. 72Reviews and re-investigations following an appeal
  82. 73Duties with respect to disciplinary proceedings
  83. 74Information for complainant about disciplinary recommendations
  84. Part 8: General
  85. 75Complaints or conduct matters concerning a person who has subsequently ceased to be the Director General or an NCA officer
  86. 76Complaints or conduct matters concerning a person whose identity is unascertained
  87. 77Notification of actions and decisions
  88. 78Keeping of records
  89. 79Register to be kept by the IOPC DG
  90. 80Delegation of powers and duties by the Director General
  91. 81Manner and time limits of notifications
  92. 82Appeals
  93. 83Relevant appeal body
  94. Signature
  95. Explanatory note