# The Police (Complaints and Misconduct) Regulations 2020, Regulation 47: Definition of “disciplinary proceedings” for the purposes of Part 2 of the 2002 Act in relation to police staff members and designated police volunteers

Extent: E+W

(1) In relation to a person serving with the police who is not a member of a police force or a special constable, for the purposes of Part 2 of the 2002 Act “disciplinary proceedings” means—
(a) any proceedings or management process during which the conduct (as opposed to the performance) of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against that person in relation to that conduct, and
(b) for the purposes of the provisions mentioned in paragraph (2) only, any proceedings or management process during which the performance of such a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it.
(2) The provisions are—
(a) section 22(8) of the 2002 Act (guidance issued by the Director General);
(b) the following provisions of Schedule 3—
(i) paragraph 2(6B) (complaints which must be handled in accordance with Schedule 3);
(ii) paragraph 6(2E) (handling of complaints other than by way of an investigation: admissibility of statements in proceedings);
(iii) paragraph 6A(10) (reviews relating to complaints dealt with other than by investigation: references to outcome of a complaint);
(iv) paragraph 19ZG(2) (retention of items by the Director General);
(v) paragraph 19ZH(6) (restrictions on access to items retained by the Director General);
(vi) paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation);
(vii) paragraph 22(10) (purposes for which appropriate authority may request items from person investigating);
(viii) paragraph 23(5A) (duties of Director General on receipt or completion of report on investigation);
(ix) paragraph 24(6B) (duties of appropriate authority on receipt of report on investigation);
(x) paragraph 25(4C), (4E) and (14) (reviews with respect to an investigation: powers of relevant review body and references to outcome of a complaint);
(xi) paragraph 27(2) (duties of appropriate authority following memorandum under paragraph 24C).

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Source: https://www.legislation.gov.uk/uksi/2020/2/regulation/47 (the official version)
Page: https://openlegislation.uk/police-complaints-and-misconduct-regulations-2020/regulation-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

