Paragraph 2 I1

(1)

This paragraph applies to—

(a)

serious complaints, and

(b)

conduct matters,

which relate to any relevant office holder.

(2)

Regulations must provide for serious complaints and conduct matters to be investigated—

(a)

by the F1Director General of the Independent Office for Police Conduct, or

(b)

by a police force, in an investigation that is under the management of the Director General of the Independent Office for Police Conduct.

(3)

This paragraph does not prevent regulations from making provision about the receipt or initial handling of serious complaints or conduct matters otherwise than by the Director General of the Independent Office for Police Conduct or a police force.

(4)

This paragraph does not prevent regulations from making provision about—

(a)

circumstances in which serious complaints or conduct matters are not to be investigated; and

(b)

circumstances in which investigations of serious complaints or conduct matters are to be discontinued;

including provision about the determination of such matters (whether by the Director General of the Independent Office for Police Conduct, a police force or otherwise).

(5)

Regulations may make provision about what is to be taken to be a criminal offence for the purposes of sub-paragraph (6).

(6)

In this paragraph “serious complaint” means a qualifying complaint made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence.

Annotations

Textual amendments

F1: Words in Sch. 7 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 73(3); S.I. 2017/1249, reg. 2 (with reg. 3)

Commencement

I1: Sch. 7 para. 2 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)

Notes on Schedule 7

Modifications

C1: Sch. 7 applied (with modifications) by 2004 c. 21, Sch. A2 para. 13 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)
C2: Sch. 7 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 35