Regulation 4 Application of the Police Reform Act 2002I1

United Kingdom

(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 F3Director General’s’ staff) of the 2002 Act shall apply in relation to the relevant appropriate authority with the following modifications.

(2)

In section 22^f1 of the 2002 Act—

(a)

for subsection (1) substitute—

“(1)
The F4Director General may issue guidance to the relevant appropriate authority and any person F5the Director General sees fit concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).”.

(b)

In subsection (2)^f2, in paragraph (b)(iii)—

“(b)
(iii)
for “persons serving with the police” substitute “relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions or customs revenue contractors”.

(c)

for subsection (3)^f3 substitute—

“(3)
Before issuing any guidance under this section, the Director General shall consult the relevant appropriate authority and any person the Director General sees fit.”.

(3)

In section 23^f4 of the 2002 Act—

(a)

In subsection (2)(k)^f5, for “a person serving with the police” substitute “a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor”.

(b)

In subsection (2)(n), for “ F6local policing bodies and chief officers” substitute “the Secretary of State”.

(c)

In subsection (2)(p)—

(i)

for “chief officers” substitute “the relevant appropriate authority”; and

(ii)

for “them” substitute “it”.

(4)

In section 24^f6 of the 2002 Act—

(a)

At the end of paragraph (a) insert “and”;

(b)

Omit paragraphs (b) and (c).

Annotations

Textual amendments

F1: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(2)(b) (with regs. 17(3), 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), regs. 1, 17(2)(c) (with regs. 17(3), 37)
F3: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(2)(d) (with regs. 17(3), 37)
F4: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(2)(a) (with regs. 17(3), 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), regs. 1, 17(2)(e) (with regs. 17(3), 37)
F6: Words in reg. 4(3)(b) substituted (16.1.2012) by The Local Policing Bodies (Consequential Amendments) Regulations 2011 (S.I. 2011/3058), regs. 1(2), 25(2)

Commencement

I1: Reg. 4 in force at 7.4.2010, see reg. 1(1)

Footnotes

f1: Section 22 of the 2002 Act 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.
f2: Section 22(2) of the 2002 Act 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) of the 2002 Act has been amended by section 6(1) of, and paragraph 11 of Schedule 4 to, the Police and Justice Act 2006.
f4: Section 23 of the 2002 Act has been amended by section 160 of, and paragraphs 1 and 9 to 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) of the 2002 Act 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 of the 2002 Act has been amended by section 6(1) of, and paragraph 12 of Schedule 4 to, the Police and Justice Act 2006.