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Regulation 5 Application of the 2002 ActI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Sections 9 (the F1Independent Office for Police Conduct), 19 (use of investigatory powers by or on behalf of the F2Director General), 22 (power of the Director General to issue guidance), 23 (regulations), 24 (consultation on regulations) and 27 (conduct of the F3IOPC’s staff) of the 2002 Act shall apply to the Commissioners and officers with the following modifications.

(2)

In section 22f1 of the 2002 Act—

(a)

for subsection (1) substitute—

“(1)

The F4Director General may issue guidance to Her Majesty’s Revenue and Customs and any person F5the Director General sees fit concerning the exercise or performance by the persons to whom the guidance is issued, of any powers or duties specified in subsection (2).”;

(b)

in subsection (2)f2 for “persons serving with the police” substitute “persons serving with Her Majesty’s Revenue and Customs”;

(c)

for subsection (3)f3 substitute—

“(3)

Before issuing any guidance under this section, the Director General shall consult Her Majesty’s Revenue and Customs and any person the Director General sees fit.”;

(d)

in subsection (4) for “the Secretary of State” substitute “the Chancellor of the Exchequer”;

(e)

omit subsection (5)(c).

(3)

In section 23f4 of the 2002 Act—

(a)

in subsection (2)(k)f5, for “a person serving with the police” substitute “a person serving with Her Majesty’s Revenue and Customs”;

(b)

in subsection (2)(p), for “chief officers” substitute “the Commissioners for Her Majesty’s Revenue and Customs”.

(4)

In section 24f6 of the 2002 Act—

(a)

at the end of paragraph (a) insert “and Her Majesty’s Revenue and Customs”;

(b)

omit paragraphs (b) and (c).

Annotations

Textual amendments

F1

Words in reg. 5(1) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 18(6)(a)(i) (with reg. 37)

F2

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(a) (with regs. 18(3), 37)

F3

Words in reg. 5(1) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 18(6)(a)(ii) (with reg. 37)

F4

Words in reg. 5(2) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 18(6)(b) (with reg. 37)

F5

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(c) (with regs. 18(3), 37)

Commencement

I1

Reg. 5 in force at 5.8.2010, see reg. 1

Footnotes

f1

Section 22 has been amended by section 160 of, and paragraphs 1 and 8 of Schedule 12 to, the Serious Organised Crime and Police Act 2005 (c. 15); and section 6(1) of, and paragraph 11 of Schedule 4 to, the Police and Justice Act 2006 (c. 48).

f2

Section 22(2) has been amended by section 160 of, and paragraphs 1 and 8 of Schedule 12 to, the Serious Organised Crime and Police Act 2005.

f3

Section 22(3) has been amended by section 160 of, and paragraph 11 of Schedule 4 to, the Police and Justice Act 2006.

f4

Section 23 has been amended by section 160 of and paragraphs 1 and 9 of Schedule 12 to the Serious Organised Crime and Police Act 2005; and section 127 of, and paragraphs 1 and 2 of Schedule 23 to, the Criminal Justice and Immigration Act 2008 (c. 4).

f5

Section 23(2) has been amended by section 160 of, and paragraphs 1 and 9 of Schedule 12 to, the Serious Organised Crime and Police Act 2005; and section 127 of, and paragraphs 1 and 2 of Schedule 23 to, the Criminal Justice and Immigration Act 2008.

f6

Section 24 has been amended by section 6(1) of, and paragraph 12 of Schedule 4 to, the Police and Justice Act 2006.