Regulation 2 Revocation and transitional and saving provisionsI1

England and Wales

(1)

Subject to the following provisions of this regulation, the following are revoked—

(a)

the Police (Complaints and Misconduct) Regulations 2012^f1;

(b)

the Police (Complaints and Misconduct) (Old Cases) Regulations 2013^f2;

(c)

the Police (Complaints and Misconduct) (Amendment) Regulations 2014^f3;

(d)

the Police (Complaints and Misconduct) (Amendment) Regulations 2017^f4, and

(e)

the following provisions of the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017^f5—

(i)

regulation 1 in so far as it applies to the Police (Complaints and Misconduct) Regulations 2012 (citation, commencement and interpretation);

(ii)

regulation 2(2) (transitional provision);

(iii)

Part 4 (amendment of the Police (Complaints and Misconduct) Regulations 2012);

(iv)

Schedule 2 (modifications to the Police (Complaints and Misconduct) Regulations 2012).

(2)

The Regulations and provisions mentioned in paragraph (1) continue to have effect and these Regulations do not apply where—

(a)

a complaint was made, or a conduct matter or DSI matter came to the attention of an appropriate authority, before 1st February 2020 (“a pre-commencement complaint”, “a pre-commencement conduct matter” or “a pre-commencement DSI matter”);

(b)

a complaint is made, or a conduct matter or DSI matter comes to the attention of an appropriate authority, on or after 1st February 2020 which—

(i)

relates to—

(aa)

a matter in respect of which a pre-commencement complaint was made;

(bb)

a pre-commencement conduct matter, or

(cc)

a pre-commencement DSI matter, and

(ii)

at the time the complaint is made, or the conduct matter or DSI matter comes to the attention of an appropriate authority, that pre-commencement complaint, pre-commencement conduct matter or pre-commencement DSI matter is being handled in accordance with Schedule 3.

(3)

But these Regulations, except paragraph (2), apply where the Director General—

(a)

determines under section 13B of the 2002 Act (power of the Director General to require a re-investigation) that a complaint, recordable conduct matter or DSI matter is to be re-investigated, or

(b)

makes a section 28A direction in relation to a matter on or after 1st February 2020,

regardless of when the complaint was made or the matter came to the attention of the appropriate authority.

(4)

The Regulations mentioned in paragraph (1) continue to have effect for the purposes of—

(a)

the National Crime Agency (Complaints and Misconduct) Regulations 2013^f6, and

(b)

the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015^f7.

Annotations

Commencement

I1: Reg. 2 in force at 1.2.2020, see reg. 1(1)

Footnotes

f1: S.I. 2012/1204, amended by S.I. 2014/2406, 2015/431, 2017/575, 2017/1134 and 2017/1250.
f2: S.I. 2013/1778, amended by S.I. 2017/1250.
f3: S.I. 2014/2406.
f4: S.I. 2017/575.
f5: S.I. 2017/1134.
f6: S.I. 2013/2325, amended by S.I. 2017/1250.
f7: S.I. 2015/431, amended by S.I. 2017/1250 and 2018/682.