Regulation 2 InterpretationI1

In these Regulations—

• “2002 Act” means the Police Reform Act 2002^f1;

• “2009 Act” means the Borders, Citizenship and Immigration Act 2009^f2;

• “2009 Regulations” means UK Border Agency (Complaints and Misconduct) Regulations 2009^f3;

• “chief officer” has the meaning given in section 29 (interpretation of Part 2) of the 2002 Act;

• “complainant” shall be construed in accordance with paragraph (7);

• “complaint” has the meaning given by regulation 8 (complaints, matters and persons to which these Regulations apply);

• “conduct” includes acts, omissions and statements (whether actual, alleged or inferred);

• “conduct matter” has the meaning given by regulation 8;

• “customs revenue contractor” means a contractor exercising specified enforcement functions in relation to customs revenue functions within the meaning of section 7 (customs revenue functions of the Director) of the 2009 Act;

• “customs revenue official” means a person designated as a customs revenue official under section 11 (designation of customs revenue officials) of the 2009 Act;

• F1“Director General” means the Director General of the Independent Office for Police Conduct;

• “DSI matter” means a “death or serious injury matter” and has the meaning given by regulation 8;

• “Director of Border Revenue” has the meaning given by section 6 (the Director of Border Revenue) of the 2009 Act;

• “disciplinary proceedings” means any proceedings or management process during which the conduct of a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor is considered in order to determine whether a sanction or punitive measure should be imposed against that person in relation to that conduct;

• “document” means anything in which information of any description is recorded;

• F2“human rights claim” has the same meaning as in section 113 of the Nationality, Immigration and Asylum Act 2002;

• F3...

• “IOPC” means the Independent Office for Police Conduct

• F4...

• “official exercising customs revenue functions” means a customs revenue official or an official of the Secretary of State otherwise exercising customs revenue functions within the meaning of section 7 (customs revenue functions of the Director) of the 2009 Act;

• “the person complained against”, in relation to a complaint, means the person whose conduct is the subject-matter of the complaint;

• “the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter or part of that complaint or matter;

• F5“protection status” and “protection claim” have the same meaning as in section 82(2) of the Nationality, Immigration and Asylum Act 2002;

• “recordable conduct matter” means—

  1. (a)

     a conduct matter that is required to be recorded by the relevant appropriate authority under regulation 17 (conduct matters arising in civil proceedings) or 18 (recording etc. of conduct matters in other cases), or has been so recorded; or

  2. (b)

     any matter brought to the attention of the relevant appropriate authority under regulation 13 (initial handling and recording of complaints);

• “relevant appropriate authority”—

  1. (c)

     in relation to any complaint, conduct matter, DSI matter or investigation under Part 5 of these Regulations relating to the conduct of

     1. (i)

        a relevant officer;

     2. (ii)

        a relevant official of the Secretary of State; or

     3. (iii)

        a relevant contractor

     means the Secretary of State; and

  2. (d)

     in relation to any complaint, conduct matter, DSI matter or investigation under Part 5 of these Regulations relating to the conduct of

     1. (i)

        an official exercising customs revenue functions; or

     2. (ii)

        a customs revenue contractor

     3. (iii)

        means the Director of Border Revenue.

• “relevant contractor” means—

  1. (a)

     a contractor exercising specified enforcement functions in relation to immigration or asylum; or

  2. (b)

     a contractor exercising specified enforcement functions in relation to general customs functions within the meaning of Part 1 of the 2009 Act.

• “relevant officer” means an immigration officer exercising specified enforcement functions;

• “relevant official of the Secretary of State” means—

  1. (i)

     (i) an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum; or

  2. (ii)

     (ii) an official of the Secretary of State exercising general customs functions within the meaning of Part 1 of the 2009 Act.

• “serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function, or as defined in F6guidance issued by the Director General; and

• “UKBA” means the UK Border Agency.

In these Regulations “specified enforcement functions” means subject to paragraph (3)—

The following shall not be regarded as an enforcement function—

In these Regulations, references to “the relevant officer”, “the relevant official of the Secretary of State”, the “relevant contractor”, the “official exercising customs revenue functions” and the “customs revenue contractor” in relation to a DSI matter, mean the relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions and the customs revenue contractor:

and where there is more than one such officer it means, subject to paragraph (5), the one who so dealt with that person last before the death or serious injury occurred.

Where it cannot be determined which of two or more officers dealt with a person last before a death or serious injury occurred, the relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor will be the most senior of them.

In these Regulations, references to “the complainant” in relation to anything which is or purports to be a complaint, are references to a person referred to in regulation 8(1), except in relation to complaints made by a person referred to in regulation 8(1)(d) where the complainant will be the person on whose behalf the complaint or purported complaint was made.

For the purposes of these Regulations, a person is adversely affected if that person suffers any form of loss or damage, distress or inconvenience, if that person is put in danger or if that person is otherwise unduly put at risk of being adversely affected.

References in these Regulations to the investigation of any complaint or matter by the relevant appropriate authority on its own behalf, under the supervision of the F7Director General, under the management of the Director General or by the Director General F8... shall be construed as references to its investigation in accordance with regulations 37 (investigations by the relevant appropriate authority on its own behalf), 39 (investigations supervised by the Director General), 40 (investigations by a police force under the management or under the supervision of the Director General), 41 (investigations managed by the Director General) or, as the case may be, 42 (investigations by the Director General ...).