Made | 1st December 2005 | ||
Laid before Parliament | 2nd December 2005 | ||
Coming into force | 28th December 2005 |
Application of provisions of Part 2 of the 2002 Act with modifications[6]
3.
—(1) The provisions specified in paragraphs (2), (3) and (4) shall apply for the purpose of conferring functions on the Commission in relation to the Commissioners and officers.
(2) Sections 9 to 29 of the 2002 Act shall have effect with the modifications made by Schedule 1 to these Regulations.
(3) Schedule 2 to the 2002 Act shall have effect with the modifications made by Schedule 2 to these Regulations.
(4) Paragraphs 10 to 24, 27 and 29 of Schedule 3 to the 2002 Act shall have effect with the modifications made by Schedule 3 to these Regulations.
(5) Paragraphs 1 to 9, 25, 26 and 28 of Schedule 3 to the 2002 Act shall have effect with the modifications made by Schedule 3 to these Regulations.
(6) The provisions specified in—
(7) The references in regulations 5, 8 and 9(1) to Part 2 of the 2002 Act are references to Part 2 of the 2002 Act as modified by Schedules 1, 2 and 3 to these Regulations.
Application of the Investigatory Powers Order, the Complaints Regulations and the Staff Conduct Regulations with modifications
4.
—(1) The provisions specified in paragraph (2) shall apply for the purpose of conferring functions on the Commission in relation to the Commissioners and officers.
(2) From the date these Regulations come into force—
(3) The references in regulations 5, 8 and 9(1) to—
are references to those Regulations as modified by Parts 1 and 2 of Schedule 4 to these Regulations.
Disclosure of information
5.
Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function under these Regulations it or he may not disclose it except as permitted by Part 2 of the 2002 Act or the Complaints Regulations.
Use of information
6.
Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function under these Regulations it or he may not use it for any purpose other than the performance of a function under these Regulations.
Payments
7.
—(1) The Commissioners shall pay such amount to the Secretary of State in respect of functions performed by the Commission under these Regulations as may be agreed between the Commissioners and the Commission.
(2) In the absence of an agreement, the Commissioners shall pay such amount in respect of those functions as the Treasury, after consultation with the Secretary of State, shall determine.
Complaints about conduct occurring before 1st April 2006
8.
Nothing in Part 2 of the 2002 Act, the Investigatory Powers Order, the Complaints Regulations or the Staff Conduct Regulations shall have effect in relation to a complaint made about the conduct of a Commissioner or an officer occurring before 1st April 2006.
Conduct matter occurring before 1st April 2006
9.
—(1) Subject to paragraph (2), nothing in Part 2 of the 2002 Act, the Investigatory Powers Order, the Complaints Regulations or the Staff Conduct Regulations shall have effect in relation to a conduct matter relating to the conduct of a Commissioner or an officer occurring before 1st April 2006.
(2) Paragraph (1) does not apply to any conduct matter which the appropriate authority may refer to the Commission under paragraph 13(2) of Schedule 3 to the 2002 Act.
Vernon Coaker
Tom Watson
Two of the Lords Commissioners of Her Majesty's Treasury
1st December 2005
2.
—(1) Section 10 shall be modified as follows.
(2) In subsection (1) after "the Commission" insert ", in relation to the Commissioners and officers,".
(3) In subsection (1)(a) for "police authorities and chief officers" substitute "the Commissioners".
(4) In subsection (1)(e) omit "and also of police practice in relation to other matters,".
(5) Omit subsection (1)(f).
(6) In subsection (2)(a) for "persons serving with the police" substitute—
(7) In subsection (2)(b) for the words from "appears that" to the end substitute—
(8) In subsection (2)(ba)[7] for "a person serving with the police" insert "an officer".
(9) Omit subsection (3).
(10) In subsection (4)(a) for "subsections (1) and (3)" insert "subsection (1)".
(11) In subsection (5)(a) after "functions" insert "in relation to the Commissioners and officers".
(12) Omit subsections (7)(b) and (c).
(13) In subsection (8) for the words from "control of a police force" to the end substitute "control of Her Majesty's Revenue and Customs by the Commissioners".
3.
—(1) Section 11 shall be modified as follows.
(2) In subsections (1), (2), (3), and (5) for "Secretary of State" insert "Chancellor of the Exchequer".
(3) Omit subsection (4)(b).
(4) In subsection (6) for the words from "under subsection (1)" to the end substitute "under subsection (1) to the Commissioners".
(5) In subsection (7) for the words from "under subsection (3)" to the end substitute "under subsection (3) to the Commissioners".
(6) Omit subsections (8) and (9).
(7) In subsection (10) for paragraphs (a) to (g) substitute—
(8) In the heading for "Reports to the Secretary of State" substitute "Reports to the Chancellor of the Exchequer".
4.
—(1) Section 12 shall be modified as follows.
(2) In subsections (1) and (2) for "a person serving with the police" substitute "a Commissioner or an officer".
(3) In subsections (2B)(a), (2C)(a) and (2D)[8] for "a person serving with the police" (on each occasion the words occur) substitute "an officer".
5.
—(1) Section 14 shall be modified as follows.
(2) In subsection (1) for the words from "control of a police force" to the end substitute "control of Her Majesty's Revenue and Customs by the Commissioners".
(3) Omit subsections (2) and (3).
6.
—(1) Section 15 shall be modified as follows.
(2) In subsection (1)—
(3) In subsection (3)—
(b) omit paragraphs (b) and (c);
(c) omit "or Director General".
(4) In subsection (4)—
(5) In subsection (5)—
(6) After subsection (5) insert—
(7) Omit subsections (6) and (7).
7.
—(1) Section 16 shall be modified as follows.
(2) In subsection (1)—
(b) at the end of paragraph (b) insert "; or";
(c) after paragraph (b) insert—
(3) In subsection (2)[9]—
(b) in paragraph (b)—
(4) In subsection (3)—
(5) After subsection (3) there shall be inserted—
(6) Omit subsections (5), (6) and (7).
8.
—(1) Section 17 shall be modified as follows.
(2) From the beginning of subsection (1) to the end of paragraph (b) of that subsection substitute "It shall be the duty of the Commissioners".
(3) In subsection (2)—
(4) In subsection (4)—
9.
—(1) Section 18 shall be modified as follows.
(2) In subsection (1)(a)—
(3) In subsection (1) for "the authority or, as the case may be, of the chief officer" substitute "the Commissioners".
(4) In subsection (2)(a)[10] for "the force in question" substitute "the Commissioners".
(5) In subsection (3) for "the authority or chief officer" substitute "the Commissioners".
(6) In subsection (5)(b) for "police authorities and chief officers" substitute "the Commissioners".
(7) In the heading to the section for "police premises" substitute "Her Majesty's Revenue and Customs premises".
10.
—(1) Section 22 shall be modified as follows.
(2) In subsection (1) for the words from "guidance" to the end of paragraph (c) substitute "guidance to the Commissioners and officers".
(3) In subsection (3)—
(b) omit paragraph (b).
(4) In subsection (4) for "the Secretary of State" substitute "the Chancellor of the Exchequer".
(5) Omit subsection (5)(c).
11.
Omit sections 25 and 26.
12.
—(1) Section 29 shall be modified as follows.
(2) In subsection (1)[11]—
investigation relating to the conduct of such a person, means—
(b) in relation to a death or serious injury matter and the relevant officer, means the Commissioners.";
(b) after the definition of "the appropriate authority" insert—
(3) In subsection (1A)[12] for "person serving with the police (within the meaning of section 12(7))" substitute "officer" and for "such person" substitute "such officer".
(4) In subsection (1B)[13] for "persons serving with the police" substitute "officers".
(5) Omit subsection (7).
(6) In subsection (3) for the words from "falling within" to the end of that subsection substitute "who is a Commissioner or an officer (whether at the time of the conduct or any subsequent time)".
(7) In subsection (4)—
(b) omit paragraph (b)(i);
(c) for "person falling within subsection (3)(a) to (d)" substitute "Commissioner or officer".
2.
In paragraph 17(1)(c) after "Secretary of State" insert ", the Treasury".
the Head of the Home Civil Service shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.".
(3) After sub-paragraph (1) insert—
the Chairman shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.".
(4) For sub-paragraph (2) substitute—
the Commissioners shall take all such steps as appear to them to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.".
(5) For sub-paragraph (3) substitute—
must be performed as soon as practicable after the complaint is made or, as the case may be, he or they become aware of it.".
(6) In sub-paragraph (4) for—
(7) Omit sub-paragraph (5).
(8) In sub-paragraph (6)—
(b) the words after "a chief officer" become full out words;
(c) for "he may" substitute "he or they may", and
(d) omit "by the police authority maintaining his force or".
2.
—(1) Paragraph 2 shall be modified as follows.
(2) In sub-paragraph (1)(a) for "police authority or chief officer who is" substitute "Head of the Home Civil Service, Chairman or Commissioners who is or are".
(3) In sub-paragraph (2)—
(4) In sub-paragraph (3) for—
(5) In sub-paragraph (5) for "a police authority or a chief officer gives" substitute "Head of the Home Civil Service, Chairman or Commissioners gives or give".
(6) For sub-paragraph (6) substitute—
the Head of the Home Civil Service, Chairman or Commissioners shall record the complaint.".
3.
—(1) Paragraph 3 shall be modified as follows.
(2) In sub-paragraph (1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(3) In sub-paragraph (2)—
(4) In sub-paragraph (3)—
(5) In sub-paragraph (4)—
(6) In sub-paragraph (6) for—
4.
—(1) Paragraph 4 shall be modified as follows.
(2) In sub-paragraph (3)—
(3) In sub-paragraph (5)(b) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(4) In sub-paragraph (6)—
5.
—(1) Paragraph 5 shall be modified as follows.
(2) In sub-paragraph (1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(3) In sub-paragraph (2) for "paragraph 6" substitute "sub-paragraph (2A)".
(4) After sub-paragraph (2) insert—
(5) For sub-paragraph 3(b) substitute—
6.
—(1) Paragraph 6 shall be modified as follows.
(2) For sub-paragraph (2) substitute—
(3) Omit sub-paragraphs (3) to (7).
7.
Omit paragraphs 7, 8 and 9.
8.
—(1) Paragraph 10 shall be modified as follows.
(2) In sub-paragraph (1)—
(b) in paragraph (b) for "that authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(3) In sub-paragraph (2)—
(4) In sub-paragraph (3)—
(5) After sub-paragraph (3) insert—
9.
—(1) Paragraph 11 shall be modified as follows.
(2) In sub-paragraph (1)—
(3) After sub-paragraph (2) insert—
10.
—(1) Paragraph 12 shall be modified as follows.
(2) Omit sub-paragraph (1).
(3) For sub-paragraph (2) substitute—
it shall be his or their duty to take all such steps as appear to him or them to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving the evidence relating to that matter.".
(4) For sub-paragraph (3) substitute—
must be performed as soon as practicable after he becomes or they become aware of the matter in question.".
(5) In sub-paragraph (4) for—
(6) Omit sub-paragraph (5).
(7) In sub-paragraph (6)—
11.
—(1) Paragraph 13 shall be modified as follows.
(2) In sub-paragraph (1) for—
(3) In sub-paragraph (3)—
(4) In sub-paragraph (5)(b) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(5) In sub-paragraph (6)—
12.
—(1) Paragraph 14 shall be modified as follows.
(2) In sub-paragraph (1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(3) In sub-paragraph (2)—
13.
—(1) Paragraph 14A[14] shall be modified as follows.
(2) For sub-paragraph (1) substitute—
14.
—(1) Paragraph 14B[15] shall be modified as follows.
(2) Omit sub-paragraph (1).
(3) In sub-paragraph (2)—
(4) In sub-paragraph (3) for "chief officer's" substitute "Commissioners'" and for "he becomes" substitute "they become".
(5) In sub-paragraph (4) for "he shall" substitute "they shall", "he is" substitute "they are" and "to him" substitute "to them".
(6) Omit sub-paragraph (5).
(7) In sub-paragraph (6) for "chief officer" substitute "Commissioners", for "he" substitute "they" and omit "by the police authority maintaining his force or".
15.
—(1) Paragraph 14D[16] shall be modified as follows.
(2) In sub-paragraph (1) for "a police authority or a chief officer" substitute "the Commissioners".
16.
—(1) Paragraph 15[17] shall be modified as follows.
(2) After sub-paragraph (4)(b) insert—
(3) In sub-paragraph (4)(c) substitute "the appropriate authority" for "that authority".
(4) After sub-paragraph (4)(c) insert—
(5) After sub-paragraph (4) insert—
17.
—(1) Paragraph 16[18] shall be modified as follows.
(2) In sub-paragraph (1) omit paragraph (a).
(3) Omit sub-paragraph (2).
(4) In sub-paragraph (3) for the words from "appoint" to the end of the sub-paragraph substitute "appoint an officer to investigate the complaint or matter.".
(5) Omit sub-paragraph (5).
18.
—(1) Paragraph 17[19] shall be modified as follows.
(2) In sub-paragraph (2) for the words from "appoint" to the end of the sub-paragraph substitute "appoint an officer to investigate the complaint or matter.".
(3) In sub-paragraph (4)(a) for "sub-paragraph 2(a) or (b)" substitute "sub-paragraph (2)".
(4) Omit sub-paragraphs (6) and (6A).
19.
After paragraph 17 insert—
to the appointment by the Commission of that force to carry out the investigation.
(3) In the event that no agreement is reached under sub-paragraph (2) the Commission may require the chief officer of police of any police force it considers appropriate to carry out the investigation.
(4) A chief officer of police of a police force who agrees to or is required to carry out an investigation shall, if he has not already done so, appoint a person serving with the police who is a member of that force to investigate that complaint.
(5) Sub-paragraphs (3) to (5) and (7) of paragraph 17 shall apply as they apply to an investigation by the appropriate authority which the Commission has determined is one that it should supervise and the references to the appropriate authority in those sub-paragraphs shall be treated as references to the chief officer of police concerned.
(6) An appointment of a person under sub-paragraph (4) or (5) shall be notified by the chief officer of police concerned to the appropriate authority.".
20.
After paragraph 18[20] insert—
to the appointment by the Commission of that force to carry out the investigation.
(3) In the event that no agreement is reached under sub-paragraph (2) the Commission may require the chief officer of police of any police force it considers appropriate to carry out the investigation.
(4) A chief officer of police of a police force who agrees to or is required to carry out an investigation shall, if he has not already done so, appoint a person serving with the police who is a member of that force to investigate that complaint or matter.
(5) Sub-paragraphs (3) to (5) of paragraph 17 shall apply as they apply to an investigation by the appropriate authority which the Commission has determined is one that it should supervise and the references to the appropriate authority in those sub-paragraphs shall be treated as references to the chief officer of police concerned.
(6) An appointment of a person under sub-paragraph (4) or (5) shall be notified by the chief officer of police concerned to the appropriate authority.
(7) The person appointed to investigate the complaint or matter shall, in relation to that investigation, be under the direction and control of the Commission.".
21.
Omit paragraphs 19(3) and (3A).
22.
—(1) Paragraph 20[21] shall be modified as follows.
(2) Omit sub-paragraph (1)(a).
(3) In paragraph 20(3) after "Director of Public Prosecutions" insert "or, as the case may be, the Director of Revenue and Customs Prosecutions".
23.
Omit paragraphs 20A to 20I[22].
24.
—(1) Paragraph 21A shall be modified as follows.
(2) In sub-paragraphs (1) and (3) for "a person serving with the police" substitute "an officer".
(3) In sub-paragraph (1) after "18" insert "or 18A".
(4) In sub-paragraph (3) for "16 or 17" substitute "16, 17 or 17A".
25.
In paragraph 22(2) for "17 or 18" substitute "17, 17A, 18 or 18A".
26.
—(1) In paragraph 23(2)(c) after "Director of Public Prosecutions" insert "or the Director of Revenue and Customs Prosecutions".
(2) In paragraphs 23(3), (4) and (6)(b) after "Director of Public Prosecutions" insert "or, as the case may be, the Director of Revenue and Customs Prosecutions".
27.
In paragraphs 24(2)(b), (3), (4) and (6)(b) after "Director of Public Prosecutions" insert "or, as the case may be, the Director of Revenue and Customs Prosecutions".
28.
In paragraphs 24A(4), 24B(1) and 24C(1) for "a person serving with the police" substitute (on each occasion where the words occur) "an officer".
29.
Omit paragraph 25(2A)[23].
30.
In paragraph 27(3) for "any person serving with the police" substitute "any officer".
to the imposition thereof."
(2) In regulation 6(3) for—
3.
Omit regulations 7(2)(b) and 7(7)(c).
4.
—(1) In regulation 8(1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(2) In regulation 8(2)(c) for "the police force or police authority which" substitute "the Head of the Home Civil Service, Chairman or Commissioners who".
(3) In regulations 8(3)(a) and (7) for "police authority or chief officer" substitute "Head of the Home Civil Service, Chairman or Commissioners".
(4) In regulation 8(5) for "A police authority or chief officer" substitute "The Head of the Home Civil Service, Chairman or Commissioners".
5.
Omit regulation 9.
6.
—(1) Regulation 12 shall be modified as follows.
(2) After paragraph (1)(b) insert—
(3) After paragraph (1) insert—
(4) After paragraph (2) insert—
(5) After paragraph (3) insert—
7.
—(1) In regulation 18(1) for "17 or 18" substitute "17, 17A, 18 or 18A".
(2) Omit regulations 18(1)(d), (2) and (3).
8.
In regulation 21 for "person serving with the police" substitute "Commissioner or an officer".
9.
In regulation 24—
10.
—(1) In regulation 25(1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
(2) In regulation 25(3) for "(a) and (b)" substitute "(a), (b) and (c)".
11.
—(1) Regulation 26 shall be modified as follows.
(2) In paragraph (1) for—
(3) In paragraph (2) for sub-paragraphs (a) to (c) substitute—
(4) Omit paragraph (3).
(5) For paragraph (4) substitute—
(6) In paragraph (5) for "a chief constable" substitute "the Head of the Home Civil Service, Chairman or Commissioners".
12.
Omit regulations 28, 29 and 30.
[6] Where the Schedules to these Regulations modify amended or new provisions of Part 2 of the Police Reform Act 2002 those amendments or new provisions are cited in the Schedules. The following provisions of Part 2 of the 2002 Act (which apply but are not modified) have also been amended: section 12(2A) was amended by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 12, paragraph 3; section 13 was amended by paragraph 4 of that Schedule; sections 21(1), (2), (3), (5), (6), (7), (9) and (10) were amended by paragraph 7 of that Schedule; sections 22(2) and (5) by paragraph 8 of that Schedule; section 23(2) by paragraph 9 of that Schedule.back
[7] Section 10(2)(ba) was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 12, paragraph 2(2).back
[8] Sections 12(2B) to 12(2D) were inserted by paragraph 3 of Schedule 12 to 2005 c. 15.back
[9] Section 16(2) was amended by paragraph 5 of Schedule 12 to 2005 c. 15.back
[10] Section 18(2) was amended by paragraph 6 of Schedule 12 to 2005 c. 15.back
[11] Section 29(1) was amended by paragraph 10 of Schedule 12 to 2005 c. 15.back
[12] Section 29(1A) was inserted by paragraph 10 of Schedule 12 to 2005 c. 15.back
[13] Section 29(1B) was inserted by paragraph 10 of Schedule 12 to 2005 c. 15.back
[14] Paragraph 14A was inserted by paragraph 12 of Schedule 12 to 2005 c. 15.back
[15] Paragraphs 14B to 14D were inserted by paragraph 12 of Schedule 12 to 2005 c. 15.back
[16] Paragraphs 14B to 14D were inserted by paragraph 12 of Schedule 12 to 2005 c. 15.back
[17] Paragraph 15 was amended by paragraph 13 of Schedule 12 to 2005 c. 15.back
[18] Paragraph 16 was amended by paragraph 14 of Schedule 12 to 2005 c. 15.back
[19] Paragraph 17 was amended by paragraph 15 of Schedule 12 to 2005 c. 15.back
[20] Paragraph 18 was amended by paragraph 16 of Schedule 12 to 2005 c. 15.back
[21] Paragraph 20 was amended by paragraph 18 of Schedule 12 to 2005 c. 15.back
[22] Paragraphs 20A to 20I were inserted by paragraph 3 of Schedule 11 to 2005 c. 15.back
[23] Paragraph 25(2A) was inserted by paragraph 4 of Schedule 11 to 2005 c. 15.back