The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012

to allow a person nominated for the purpose by the Director General to have access to any premises occupied for the purposes of the functions of that panel, office holder or chief officer and to documents and other things on those premises, and

• (b) the requirement is imposed for any of the purposes mentioned in paragraph (2),

it shall be the duty of the panel, the office holder or, as the case may be, the chief officer to secure that the required access is allowed to the nominated person.

• (2) Those purposes are—

• (a) the purposes of any examination by the Director General of the efficiency and effectiveness of the arrangements made in accordance with these Regulations for handling complaints or dealing with conduct matters;

• (b) the purposes of any investigation carried out by the Director General or under the Director General’s management in accordance with these Regulations.

• (3) A requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) must be notified to the police and crime panel, relevant office holder or chief officer of police at least 48 hours before the time at which access is required.

• (4) Where—

• (a) a requirement imposed under this regulation for the purposes mentioned in paragraph (2)(a) requires access to any premises, document or thing to be allowed to any person, but

• (b) there are reasonable grounds for not allowing that person to have the required access at the time at which he seeks to have it,

the obligation to secure that the required access is allowed shall have effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there cease to be any such grounds as that person may specify.

• (5) The provisions of this regulation are in addition to, and without prejudice to—

• (a) the rights of entry, search and seizure that are or may be conferred on—

• (i) a person designated for the purposes of regulation 20 (investigations by the Director General ...), or

• (ii) any person who otherwise acts on behalf of the Director General,

in his capacity as a constable or as a person with the powers and privileges of a constable; or

• (b) the obligations on police and crime panels, relevant office holders and chief officers of police under regulation 6 (general duties of police and crime panels, relevant office holders and chief officers of police) and 35 (provision of information to the Director General).

Manner and time limits of notifications

37

Regulation 27 of the 2004 Regulations shall apply in relation to notifications to be given under these Regulations, modified so that it has effect as follows—

(27) (1) Any notification to be given under the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2011 shall, unless otherwise specified in those Regulations, be given in writing. (2) No time limit mentioned in those Regulations shall apply in any case where exceptional circumstances prevent that time limit being complied with.

Register to be kept by the Commission

38

• (1) The Director General shall establish and maintain a register of all information supplied to the Director General by a police and crime panel or relevant office holder under these Regulations.

• (2) Subject to paragraph (3), the Director General may publish or otherwise disclose to any person any information held on the register provided that the publication or disclosure is necessary for or conducive to the purpose of—

• (a) improving the handling of complaints and conduct matters, or demonstrating the thoroughness and effectiveness of investigations by or under the management of the Director General;

• (b) raising public awareness of the system by which complaints and conduct matters are handled; or

• (c) improving that system.

• (3) Information may not be published or disclosed in circumstances where in the opinion of the Director General the non-disclosure of information is necessary for the purposes mentioned in regulation 33(1)(a) and (b).

Signed

Nick Herbert — Minister of State — 10th January 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations set out the functions of police and crime panels and the Independent Police Complaints Commission in relation to the handling of complaints and other matters concerning the conduct of police and crime commissioners, deputy police and crime commissioners, the holder of Mayor’s Office for Policing and Crime and the Deputy Mayor for Policing and Crime (referred to collectively as relevant office holders). The Regulations set out the process to be followed in dealing with these complaints and matters.

In accordance with Schedule 7 to the Police Reform and Social Responsibility Act 2011, the Regulations provide for complaints alleging criminal conduct, and all conduct matters (those matters which indicate that criminal conduct may have occurred), to be referred to the Commission and investigated either by the Commission itself or by a police force under the management of the Commission. The Regulations provide for any other complaint to be resolved informally by the police and crime panel, except in the case of complaints against the holder of the Mayor’s Office for Policing and Crime, or the Deputy Mayor for Policing and Crime if he is a member of the London Assembly. The Regulations provide for these latter categories of complaints to be passed to the monitoring officer of the Greater London Authority, who is responsible for dealing with other complaints about the conduct of the Mayor and Assembly members.

These Regulations are closely based on Part 2 of the Police Reform Act 2002 and the Regulations made under it, which make provision for powers, duties and procedures in relation to the handling of complaints against persons serving with the police. In some instances these Regulations apply provisions of Part 2 or the secondary legislation made under it, with or without modifications.

Footnotes

[^f00001]: 2011 c. 13.

[^f00002]: 2002 c. 30.

[^f00003]: S.I. 2004/643, as amended by S.I. 2005/3389, S.I. 2006/1406 and S.I. 2008/2866.

[^f00004]: 1996 c. 16. Schedule 1 is amended by section 129(a) of the Police Act 1997 (c. 50) and by S.I. 1997/1377, S.I. 1997/1844, S.I. 1997/1845, S.I. 1997/1846, S.I. 1997/1847, S.I. 1987/1849, S.I. 1987/1850, S.I. 1997/1855, S.I. 1987/1857 and S.I. 2009/119.

[^f00005]: 1999 c. 29. Section 73(1) was substituted by section 9 of the Greater London Authority Act 2007 (c. 24).

[^f00006]: 1984 c. 60.

[^f00007]: 2000 c. 22. Section 57A was inserted by the Local Government and Public Involvement in Health Act 2007 (c. 28).

Editorial notes

[^key-5c18d1bdd6a15fd68973bc55e6a17b00]: Reg. 1 in force at 16.1.2012, see reg. 1

[^key-f47d2143cfbe3d7ab9c3361f7e093308]: Reg. 2 in force at 16.1.2012, see reg. 1

[^key-fea62a35179d2dc6d69859197742e10b]: Reg. 3 in force at 16.1.2012, see reg. 1

[^key-0958bd63ab8cdd273b1a44849cff7d5e]: Reg. 4 in force at 16.1.2012, see reg. 1

[^key-6b7f4bc5e7da2d8bb3cf4e8d3e794260]: Reg. 5 in force at 16.1.2012, see reg. 1

[^key-52c00b9ce5d26c254beee24dc1e1b61e]: Reg. 6 in force at 16.1.2012, see reg. 1

[^key-5ba5dd1999f329aed520b4974f2b843f]: Reg. 7 in force at 16.1.2012, see reg. 1

[^key-6fa4618019985aa06caf4d2a731d08f2]: Reg. 8 in force at 16.1.2012, see reg. 1

[^key-c52a933e994dd30cf5af52d9c21c2b6d]: Reg. 9 in force at 16.1.2012, see reg. 1

[^key-f99b2118db8b6384fff42d1384f3a010]: Reg. 10 in force at 16.1.2012, see reg. 1

[^key-5e386309c11dce40ecc522899f75abb3]: Reg. 11 in force at 16.1.2012, see reg. 1

[^key-8479a8a10db277ce8905d16210b3accf]: Reg. 12 in force at 16.1.2012, see reg. 1

[^key-19756743464cb2c81421cbe68ffb3497]: Reg. 13 in force at 16.1.2012, see reg. 1

[^key-3c386c7e669d3a12e7d97b6328a725e9]: Reg. 14 in force at 16.1.2012, see reg. 1

[^key-d72a1a5a1545969be9448271e44f5e4d]: Reg. 15 in force at 16.1.2012, see reg. 1

[^key-27223c3716d4356081b24c72e6f194da]: Reg. 16 in force at 16.1.2012, see reg. 1

[^key-2935af96191532656175527a40b80c4a]: Reg. 17 in force at 16.1.2012, see reg. 1

[^key-a25df8e5b5241c14074cf00ca08de34d]: Reg. 18 in force at 16.1.2012, see reg. 1

[^key-d3112043811747ee1ced64953f2342db]: Reg. 19 in force at 16.1.2012, see reg. 1

[^key-fb037f7eb180cf6cf27f061fede3e493]: Reg. 20 in force at 16.1.2012, see reg. 1

[^key-23cdd41af8fecc5a4c5192a746d7e958]: Reg. 21 in force at 16.1.2012, see reg. 1

[^key-3fd67cdcf1b4ac06b649255dcf811f4d]: Reg. 22 in force at 16.1.2012, see reg. 1

[^key-8abaceb92c078c59152f9f6fd81589d1]: Reg. 23 in force at 16.1.2012, see reg. 1

[^key-c8daeb833c1de5b890cf4ce748ca612d]: Reg. 24 in force at 16.1.2012, see reg. 1

[^key-129eb9dad9ab44f2bcd0bee92d71c8ee]: Reg. 25 in force at 16.1.2012, see reg. 1

[^key-9cc59c1ecc82816e53d8f3e823cf4811]: Reg. 26 in force at 16.1.2012, see reg. 1

[^key-be7ea8c9ecf4b83bfc1e7b7552c17404]: Reg. 27 in force at 16.1.2012, see reg. 1

[^key-8ad8c6bd554174b947d19bde00c31e2a]: Reg. 28 in force at 16.1.2012, see reg. 1

[^key-6573d49d2ef3481dc0c8a94b26f64c4e]: Reg. 29 in force at 16.1.2012, see reg. 1

[^key-0f7b9ceb2889fa84a6a5e6c89285dd5c]: Reg. 30 in force at 16.1.2012, see reg. 1

[^key-3f5bb6044db7a42e3221943ab33d321c]: Reg. 31 in force at 16.1.2012, see reg. 1

[^key-1622b683f3089bf9d07cb762a072df5a]: Reg. 32 in force at 16.1.2012, see reg. 1

[^key-fb00586f10d60e7a044675ebfa61cd54]: Reg. 33 in force at 16.1.2012, see reg. 1

[^key-0ee467ed2ca171a3b3bfb5125d9d7938]: Reg. 34 in force at 16.1.2012, see reg. 1

[^key-20596312c38dc65857a661ec82aae7fd]: Reg. 35 in force at 16.1.2012, see reg. 1

[^key-75118d21589c974774c64cba90c91966]: Reg. 36 in force at 16.1.2012, see reg. 1

[^key-455d89200e6049c24fb3ae7ce9ce52f4]: Reg. 37 in force at 16.1.2012, see reg. 1

[^key-7e18772bb16e6cd65438ea726fa393e3]: Reg. 38 in force at 16.1.2012, see reg. 1

[^key-fc31d28aac7db3c690ea439eb66a2aa8]: Reg. 15(3)(a) modified (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. 52(4)

[^key-30f6a78496b67cfc99beec787c298cb7]: Reg. 28(1) modified (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. 52(5)

[^key-87460da3a216839ae30ac2c3a40ba457]: Reg. 2 modified (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. 52(2)

[^key-0e4bebb3d48dbf118d26edb0371f648b]: Reg. 7 modified (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. 52(3)

[^key-ca485321bb6eb268ff122a0002fc93c9]: Reg. 29 modified (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. 52(6)

[^key-775c186d2eb921153f803821afb436bb]: Words in reg. 2(1) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(4)(a)(i) (with reg. 37)

[^key-f38427815468b275ab3295b8ecc8118a]: Words in reg. 2(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(4)(a)(ii) (with reg. 37)

[^key-c8b3608f9e25635bad3bbee1ec7107c2]: Word in reg. 2(2) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(4)(b) (with reg. 37)

[^key-29de3b5ffcfe10cf777e6101ca3f4681]: Reg. 3(4A) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(5)(a) (with reg. 37)

[^key-b9b02e3283c3428cb23ddc0f8211a38b]: Word in reg. 3(5) substituted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(5)(b) (with reg. 37)

[^key-085759206c7652ce3d0c4c8deb8e8948]: Word in reg. 3(7) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(5)(c)(i) (with reg. 37)

[^key-bdea98099b4609d703d3b2ca37bed3a7]: Words in reg. 3(7) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(5)(c)(ii) (with reg. 37)

[^key-c2510c4039d4074b33a4eb7978051d40]: 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, 21(7)(a) (with reg. 37)

[^key-62ec4daf1386396490b8751c993c1bee]: Word in reg. 5(6) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(7)(b) (with reg. 37)

[^key-bcc2b86f58d275a751f6666667ad2840]: Word in reg. 6(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(8) (with reg. 37)

[^key-f969b26b0115e968b44b060d444cf320]: Word in reg. 18(4)(b) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(9) (with reg. 37)

[^key-517f8e5ffff9bd43578486585fb9de9f]: Word in reg. 20 heading omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(a) (with regs. 37, 38)

[^key-ac72940866d3317791d92b16be7b594e]: Reg. 20(2)(2A) substituted for reg. 20(2) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(b) (with regs. 37, 38)

[^key-ff4f0fb2a6e963e477679524086c989f]: Word in reg. 20(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(c)(i) (with regs. 37, 38)

[^key-462c7d880107bf60aab71a5363d9a905]: Word in reg. 20(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(c)(ii) (with regs. 37, 38)

[^key-b14beda8ec70079a999309d4021750b6]: Word in reg. 20(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(d)(i) (with regs. 37, 38)

[^key-d34961fd0adf76659512dac3531673e9]: Word in reg. 20(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(10)(d)(ii) (with regs. 37, 38)

[^key-8d62cdd888a7e4a7a6fbf8fe3569ffdc]: Words in reg. 23 inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(11) (with reg. 37)

[^key-387a07ea111bd74b223089344d9f2c02]: Word in reg. 24(7) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(12) (with reg. 37)

[^key-b08e6e3cbac899a3562401103b740478]: Reg. 25(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(13)(a) (with reg. 37)

[^key-5f9c03e41f92ca0a4e9820f06db3beea]: Words in reg. 25(4) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(13)(b) (with reg. 37)

[^key-367b003108fe4be5d398deeaad0b8130]: Words in reg. 26(1)(b) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(14)(a) (with reg. 37)

[^key-7f65d74d2fd28586ed7689d66ee30aa1]: Words in reg. 26(2) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(14)(b) (with reg. 37)

[^key-509cdce8aee934d78d328d39da3bb274]: Word in reg. 36(5)(a)(i) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(15) (with reg. 37)

[^key-48979e1b89375761ef304b67a5601e97]: Regs. 3A, 3B inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 21(6) (with reg. 37)

[^key-cb5546ddf52c18c5e868f1f38333096c]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(a) (with regs. 21(3), 37)

[^key-3d16a6635368e94902df668161f588a3]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(b) (with regs. 21(3), 37)

[^key-e9db941702674f97d90210561111510b]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(c) (with regs. 21(3), 37)

[^key-75218001106d643cfcbdf1a9ca581a1a]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 21(2)(d) (with regs. 21(3), 37)

[^key-763c601b8bf77aaaedd8a7110f78670b]: Reg. 15(3)(a) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 51(4)

[^key-6c6b89a32feb19ddba48282acbd47786]: Reg. 28(1) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 51(5)

[^key-66068ac800df7c767daace095e24c9fb]: Reg. 2 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 51(2)

[^key-8a9a294d907eedd0ca706e5962a3c8e8]: Reg. 7 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 51(3)

[^key-cbf6de2bda9e9196f10bbc6be2775ca4]: Reg. 29 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 51(6)

General functions of the Director General

General Functions of the IOPC

3A

• (1) The functions of the IOPC in relation to relevant office holders and police and crime panels are—

• (a) to provide support and advice to the Director General in the carrying out of the Director General’s functions under these Regulations, and

• (b) to monitor and review the carrying out of such functions.

• (2) The IOPC is to perform its functions under these Regulations for the general purpose of improving the way in which the Director General’s functions under these Regulations are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

• (3) In carrying out its functions under these Regulations the IOPC must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 3(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

• (4) The IOPC may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these Regulations.

Efficiency etc. in exercise of functions

3B

The Director General and the IOPC must carry out their functions under these Regulations efficiently and effectively.

Guidance

Reports to the Secretary of State

General duties of police and crime panels, relevant office holders and chief officers of police

Delegation of powers and duties by police and crime panels

Duties of Director General on a reference

Investigations managed by the Director General

Investigations by the Director General ...

Provision of information to the Director General

Access to premises on behalf of the Director General

Register to be kept by the Director General