The National Crime Agency (Complaints and Misconduct) Regulations 2013

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings.

Action by the Commission in response to an investigation report under regulation 69

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• (1) If the IOPC DG determines under regulation 69(4) that the report indicates that the Director General or an NCA officer may have—

• (a) committed a criminal offence; or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall notify the appropriate authority in relation to the person whose conduct is in question of the IOPC DG’s determination and, if it appears that the authority has not already been sent a copy of the report, send a copy of the report to that authority.

• (2) Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the IOPC DG under paragraph (1), it shall record the matter under regulation 29 (recording etc. of conduct matters in other cases) as a conduct matter.

• (3) Where a DSI matter is recorded under regulation 29 as a conduct matter by virtue of paragraph (2)—

• (a) the person investigating the DSI matter shall (subject to any determination made by the IOPC DG under regulation 38(5)) investigate the conduct matter as if appointed or designated to do so; and

• (b) the other provisions of these Regulations shall apply in relation to that matter accordingly.

• (4) If the IOPC DG determines under regulation 69(4) that there is no indication in the report that the Director General or an NCA officer may have—

• (a) committed a criminal offence; or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall make such recommendations or give such advice under regulation 6(1)(e) (general functions of the IOPC DG) as the IOPC DG considers necessary or desirable.

• (5) Paragraph (4) does not affect any power of the IOPC DG to make recommendations or give advice under regulation 6(1)(e) in other cases (whether arising under these Regulations or otherwise).

Appeals with respect to an investigation

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• (1) This regulation applies where a complaint has been subjected to—

• (a) an investigation by the appropriate authority on its own behalf; or

• (b) an investigation under the supervision of the IOPC DG.

• (2) The complainant shall have the following rights of appeal to the relevant appeal body—

• (a) a right to appeal on the grounds that the complainant has not been provided with adequate information—

• (i) about the findings of the investigation; or

• (ii) about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;

• (b) a right to appeal against the findings of the investigation;

• (c) a right of appeal against any determination by the appropriate authority that a person to whose conduct the investigation related has a case to answer or that such a person’s performance is, or is not, unsatisfactory in respect of that person’s conduct or has no case to answer;

• (d) a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and

• (e) a right of appeal against any determination by the appropriate authority under regulation 68(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report,

and it shall be the duty of relevant appeal body to notify the appropriate authority, every person entitled to be kept properly informed in relation to the complaint under regulation 14 and the person complained against of any appeal brought under this regulation (except that the duty to notify the appropriate authority does not apply where that authority is the relevant appeal body).

• (3) In paragraph (2)—

• (a) references to the findings of an investigation do not include a reference to findings on a report submitted under regulation 56 (accelerated procedure in special cases); and

• (b) references to the report of an investigation do not include a reference to a report submitted under that regulation.

• (4) On the bringing of an appeal under this regulation, the IOPC DG may require the person investigating to submit a memorandum to the IOPC DG which—

• (a) sets out whether the appropriate authority has determined that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

• (b) sets out whether the appropriate authority has determined any such person’s performance is, or is not, unsatisfactory;

• (c) sets out what action (if any) the appropriate authority has determined that it is required to or will, in its discretion, take in respect of the matters dealt with in the report;

• (d) if the appropriate authority has decided in relation to a person to whose conduct the investigation related that disciplinary proceedings or unsatisfactory performance proceedings should not be brought against that person, sets out its reasons for so deciding; and

• (e) if the appropriate authority made a determination under regulation 68(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report, sets out the reasons for that determination,

and it shall be the duty of the person investigating to comply with any requirement under this paragraph.

• (5) Where the IOPC DG so requires on the bringing of any appeal under this regulation in the case of an investigation by the appropriate authority on its own behalf, the appropriate authority shall provide the IOPC DG with a copy of the report of the investigation.

• (6) On an appeal under this regulation, the relevant appeal body shall determine such of the following as it considers appropriate in the circumstances—

• (a) whether the complainant has been provided with adequate information about the matters mentioned in paragraph (2)(a);

• (b) whether the findings of the investigation need to be reconsidered;

• (c) whether the appropriate authority—

• (i) has made such a determination as is mentioned in paragraph (4)(a) or (b) that the relevant appeal body considers to be appropriate in respect of matters dealt with in the report; and

• (ii) has determined that it is required to or will, in its discretion, take the action (if any) that the relevant appeal body considers to be so appropriate; and

• (d) whether the conditions set out in regulation 68(3) and (4) are satisfied in respect of the report.

• (7) If, on an appeal under this regulation, the relevant appeal body determines that the complainant has not been provided with adequate information about any matter—

• (a) in a case where the IOPC DG is the relevant appeal body, the IOPC DG shall give the appropriate authority all such directions as the IOPC DG considers appropriate for securing that the complainant is properly informed; and

• (b) in a case where the appropriate authority is the relevant appeal body, that authority shall take steps as it considers appropriate for securing that the complainant is properly informed.

• (8) Nothing in paragraph (7)(a) shall authorise the IOPC DG to require the disclosure of any information the disclosure of which to the appellant has been or is capable of being withheld by virtue of any provision in regulation 16.

• (9) If, on an appeal under this regulation, the IOPC DG determines that the findings of the investigation need to be reconsidered in a case where the IOPC DG is the relevant appeal body the IOPC DG shall either—

• (a) review those findings without an immediate further investigation; or

• (b) direct that the complaint be re-investigated; and

in a case where the appropriate authority is the relevant appeal body, that authority shall re-investigate the complaint.

• (10) If, on an appeal under this regulation, the relevant appeal body determines that the appropriate authority has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the relevant appeal body considers appropriate, or determines that the appropriate authority has not made a determination as to whether a person’s performance is or is not unsatisfactory, or determines that the appropriate authority has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in the report that the relevant appeal body considers appropriate—

• (a) paragraph (11) applies if the IOPC DG is the relevant appeal body; or

• (b) paragraph (12) applies if the Director General is the relevant appeal body.

• (11) The IOPC DG shall—

• (a) determine, in the light of that determination, whether or not to make recommendations under regulation 73 (duties with respect to disciplinary proceedings); and

• (b) make such recommendations (if any) under that regulation as the IOPC DG thinks fit.

• (12) The Director General shall take such action as the Director General considers appropriate in relation to the bringing of disciplinary or unsatisfactory performance proceedings in respect of the matters dealt with in the report.

• (13) If proceedings are brought by virtue of paragraph (11), it shall be the duty of the appropriate authority to ensure that they are proceeded with to a proper conclusion.

• (14) If, on an appeal under this regulation, the relevant appeal body determines that the conditions set out in regulation 68(3) and (4) are satisfied in respect of the report, in a case where the IOPC DG is the relevant appeal body it shall direct the appropriate authority to, or in a case where the appropriate authority is the relevant appeal body it shall—

• (a) notify the Director of Public Prosecutions of the determination, and

• (b) send the Director a copy of the report.

• (15) The relevant appeal body shall give notification of any determination under this regulation—

• (a) to the appropriate authority (unless it is the relevant appeal body);

• (b) to the complainant;

• (c) to every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

• (d) except in a case where it appears to the relevant appeal body that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

• (16) In a case where the IOPC DG is the relevant appeal body, the IOPC DG shall also give notification of any directions given to a person under this regulation—

• (a) to the complainant;

• (b) to every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

• (c) except in a case where it appears to the IOPC DG that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

• (17) It shall be the duty of the appropriate authority to comply with any directions given to it under this regulation.

Reviews and re-investigations following an appeal

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• (1) On a review under regulation 71(9)(a) (appeals with respect to an investigation) of the findings of an investigation the powers of the IOPC DG shall be, according to the IOPC DG’s determination on that review, to do one or more of the following—

• (a) to uphold the findings in whole or in part;

• (b) to give the appropriate authority such directions as the IOPC DG sees fit—

• (i) as to the carrying out by the appropriate authority of its own review of the findings;

• (ii) as to the information to be provided to the complainant; and

• (iii) generally as to the handling of the matter in future,

• (c) to direct that the complaint be re-investigated.

• (2) Where the IOPC DG directs under regulation 71 or paragraph (1) that a complaint be re-investigated, the IOPC DG shall make a determination of the form that the re-investigation should take.

• (3) Paragraphs (3) to (7) of regulation 38 (power of the IOPC DG to determine the form of an investigation) shall apply in relation to a determination under paragraph (2) as they apply in the case of a determination under that regulation.

• (4) The other provisions of these Regulations (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under regulation 71(9) or paragraph (1) of this regulation as they apply in relation to any investigation in pursuance of a determination under regulation 38.

• (5) The IOPC DG shall give notification of any determination made by the IOPC DG under this regulation—

• (a) to the appropriate authority,

• (b) to the complainant;

• (c) to every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

• (d) except in a case where it appears to the IOPC DG that to do so might prejudice any proposed re-investigation of the complaint, to the person complained against.

• (6) The IOPC DG shall also give notification of any directions given to the person investigating under this regulation—

• (a) to the complainant;

• (b) to every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

• (c) except in a case where it appears to the IOPC DG that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

Duties with respect to disciplinary proceedings

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• (1) This regulation applies where, in the case of any investigation, the appropriate authority—

• (a) has given, or is required to give, a notification under regulation 68(12) (action by the appropriate authority in response to an investigation report under regulation 66) of the action it is required to or will, in its discretion, take in relation to the matters dealt with in any report of the investigation; or

• (b) has submitted, or is required to submit, a memorandum to the IOPC DG under regulation 67 (action by the IOPC DG in response to an investigation report under regulation 66) or 71 (appeals with respect to an investigation) setting out the action that it is required to or will, in the IOPC DG’s discretion, take in relation to those matters.

• (2) Subject to regulation 55 (restrictions on proceedings pending the conclusion of an investigation) and to any recommendations or directions under the following provisions of this regulation, it shall be the duty of the appropriate authority—

• (a) to take the action which has been or is required to be notified or, as the case may be, which is or is required to be set out in the memorandum; and

• (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

• (3) Where this regulation applies by virtue of paragraph (1)(b), the IOPC DG may make a recommendation to the appropriate authority in respect of the Director General or an NCA officer—

• (a) that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the conduct to which the investigation related;

• (b) that the person’s performance is unsatisfactory;

• (c) that disciplinary proceedings or unsatisfactory performance proceedings of the form specified in the recommendation are brought against that person in respect of the conduct, efficiency or effectiveness to which the investigation related;

• (d) that any disciplinary proceedings or unsatisfactory performance proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified,

and it shall be the duty of the appropriate authority to notify the IOPC DG whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.

• (4) If, after the IOPC DG has made a recommendation under this regulation, the appropriate authority does not take steps to secure that full effect is given to the recommendation—

• (a) the IOPC DG may direct the appropriate authority to take steps for that purpose; and

• (b) it shall be the duty of the appropriate authority to comply with the direction.

• (5) A direction under paragraph (4) may, to such extent as the IOPC DG thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.

• (6) Where the IOPC DG gives the appropriate authority a direction under this regulation, the IOPC DG shall supply the appropriate authority with a statement of the IOPC DG’s reasons for doing so.

• (7) Where disciplinary proceedings or unsatisfactory performance proceedings have been brought in accordance with a recommendation or direction under this regulation, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.

• (8) The IOPC DG may at any time withdraw a direction given under this regulation, and paragraph (7) shall not impose any obligation in relation to any time after the withdrawal of the direction.

• (9) The appropriate authority shall keep the IOPC DG informed—

• (a) in a case in which this regulation applies by virtue of paragraph (1)(b), of whatever action it takes in pursuance of its duty under paragraph (2); and

• (b) in every case of a recommendation or direction under this regulation, of whatever action it takes in response to that recommendation or direction.

Information for complainant about disciplinary recommendations

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• (1) Where—

• (a) the IOPC DG makes recommendations under regulation 73 in the case of an investigation of a complaint; and

• (b) the appropriate authority notify the IOPC DG that the recommendations have been accepted,

the IOPC DG shall notify the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14 of that fact and of the steps that have been, or are to be taken, by the appropriate authority to give effect to it.

• (2) Where in the case of an investigation of a complaint the appropriate authority—

• (a) notifies the IOPC DG that it does not (either in whole or in part) accept recommendations made by the IOPC DG under regulation 73; or

• (b) fails to take steps to give full effect to any such recommendations,

it shall be the duty of the IOPC DG to determine what if any further steps to take under that paragraph.

• (3) It shall be the duty of the IOPC DG to notify the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14—

• (a) of any determination under paragraph (2) not to take further steps under regulation 73; and

• (b) where the IOPC DG determines under that paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.

PART 8 — General

Complaints or conduct matters concerning a person who has subsequently ceased to be the Director General or an NCA officer

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Where a complaint or conduct matter relates to the conduct of a person who has ceased to be the Director General or an NCA officer since the time of the conduct, then these Regulations shall apply in relation to such a person as if they did not include any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.

Complaints or conduct matters concerning a person whose identity is unascertained

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• (1) Where a complaint or conduct matter relates to the conduct of a person whose identity is unascertained at the time at which the complaint is made or the conduct matter is recorded, or whose identity is not ascertained during or subsequent to, the investigation of the complaint or recordable conduct matter, then these Regulations shall apply in relation to such a person as if it did not include—

• (a) any requirement for the person complained against to be given a notification or an opportunity to make representations;

• (b) any requirement for the IOPC DG or the appropriate authority to determine whether a criminal offence may have been committed by the person whose conduct has been the subject-matter of an investigation, or to take any action in relation to such a determination;

• (c) any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject-matter of a report.

• (2) Where the identity of such a person is subsequently ascertained, the IOPC DG and appropriate authority shall take such action in accordance with these Regulations as they see fit, regardless of any previous action taken under these Regulations as modified above.

Notification of actions and decisions

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• (1) So far as not covered by regulations 67(11) and (12) and 71(15) and (16) (notifications by the IOPC DG in relation to recommending disciplinary proceedings), where the IOPC DG takes any action or decisions in consequence of the IOPC DG having received a memorandum under regulation 67(9) or regulation 71(4), the IOPC DG shall notify such action or decisions, together with an explanation of the IOPC DG’s reasons for having taken them, to—

• (a) the appropriate authority;

• (b) the complainant and any other interested person within the meaning of regulation 14(6);

• (c) subject to paragraph (3), the person complained against.

• (2) Without prejudice to the generality of paragraph (1), the IOPC DG shall include in any notification under that paragraph a statement as to whether the IOPC DG intends to participate in any disciplinary proceedings.

• (3) The IOPC DG may decide not to give such a notification and explanation to the person complained against if the IOPC DG is of the opinion that that notification might prejudice any criminal investigation, pending proceedings, or review of the complaint.

Keeping of records

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The appropriate authority shall keep records, in such form as the IOPC DG shall determine, of—

• (a) every complaint and purported complaint that is made to it;

• (b) every conduct matter recorded by it under regulation 28 (conduct matters arising in civil proceedings) or 29 (recording etc. of conduct matters in other cases);

• (c) every DSI matter recorded by it under regulation 34 (duty to record DSI matters);

• (d) every exercise of a power or performance of a duty under these Regulations.

Register to be kept by the Commission

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• (1) The IOPC DG shall establish and maintain a register of all information supplied to the IOPC DG by the appropriate authority under these Regulations.

• (2) Subject to paragraph (3), the IOPC DG 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) learning lessons from the handling of, or demonstrating the thoroughness and effectiveness of, local resolutions, investigations by the IOPC DG or managed or supervised investigations;

• (b) raising public awareness of the complaints system; or

• (c) improving the complaints system.

• (3) Information may not be published or disclosed in circumstances where in the opinion of the IOPC DG the non-disclosure of information is necessary for a purpose mentioned in regulation 16(1)(a) or (b) (exceptions to the duty to keep the complainant informed and to provide information for other persons).

Delegation of powers and duties by the Director General

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• (1) Subject to the remaining paragraphs of this regulation, the Director General may delegate all or any of the powers or duties conferred or imposed on the Director General by or under these Regulations to such an NCA officer as is mentioned in paragraph (2).

• (2) That officer is—

• (a) a senior officer, in the case of a complaint or conduct matter concerning the conduct of a senior officer; and

• (b) in any other case, an officer of at least Grade 2.

• (3) The Director General shall not, in any particular case, delegate any power or duty under paragraph (1) to a person whose involvement in the role could reasonably give rise to a concern as to whether that person could act impartially under these Regulations, whether because the person has acted as investigating officer in the case or otherwise.

• (4) The Director General may delegate all or any of the Director General’s powers or duties in relation to the local resolution of complaints under these Regulations to any NCA officer.

Manner and time limits of notifications

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• (1) Any notification to be given under these Regulations shall—

• (a) unless otherwise specified in these Regulations or determined in guidance issued by the IOPC DG, be given in writing;

• (b) unless otherwise specified in these Regulations, be made within such period as the IOPC DG may determine in guidance.

• (2) No time limit mentioned in these Regulations or determined by the IOPC DG shall apply in any case where exceptional circumstances prevent that time limit being complied with.

Appeals

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• (1) This regulation applies to an appeal under any of the following provisions of these Regulations—

• (a) regulation 21(3) (appeal against a failure to notify or record a complaint);

• (b) regulation 25(15) (appeal against a decision to handle a complaint otherwise than in accordance with these Regulations or take no action in relation to it);

• (c) regulation 27(1) (appeal against the outcome of a complaint subjected to local resolution or handled otherwise than in accordance with these Regulations);

• (d) paragraph 64(19) (appeal against a decision to discontinue an investigation); and

• (e) regulation 71(2) (appeal in relation to an investigation).

• (2) Where the Permanent Secretary to the Home Office or the Director General notifies the complainant of a decision which is or may be capable of appeal under any of the provisions in paragraph (1), the Permanent Secretary or the Director General shall at the same time notify the complainant in writing of—

• (a) the existence of the right of appeal;

• (b) the identity of the relevant appeal body or, in a case to which regulation 21(3) applies, the fact that the appeal is to the IOPC DG;

• (c) where the appropriate authority has determined that the IOPC DG is the relevant appeal body, the sub-paragraph of regulation 83(2) relied upon in making that determination;

• (d) where the appropriate authority has determined that the Director General is the relevant appeal body, the fact that there is no right of appeal to the IOPC DG; and

• (e) the time limit for making an appeal mentioned in paragraph (3).

• (3) Subject to paragraphs (4) and (5), an appeal shall be made within a period of 28 days commencing on the day after the date of the letter giving notification under paragraph (2).

• (4) For the purposes of the time period mentioned in paragraph (3), the following shall be left out of account—

• (a) any time elapsing between the appeal being received by the IOPC DG under regulation 83(3) and being forwarded to the appropriate authority under that paragraph;

• (b) any time elapsing between the appeal being received by the appropriate authority under regulation 83(5) and being forwarded to the IOPC DG under that paragraph.

• (5) The relevant appeal body or, in a case of an appeal under regulation 21(3), the IOPC DG may extend the time period mentioned in paragraph (3) in any case where it is satisfied that by reason of the special circumstances of the case it is just to do so.

• (6) Subject to paragraph (7), an appeal shall be made in writing and shall state—

• (a) details of the complaint;

• (b) the date on which the complaint was made;

• (c) the Permanent Secretary to the Home Office or the Director General whose decision is the subject of the appeal;

• (d) the grounds for the appeal; and

• (e) the date on which notification was given under paragraph (2).

• (7) Where the relevant appeal body or, in the case of an appeal under regulation 21(3), the IOPC DG receives an appeal which fails to comply with one or more of the requirements mentioned in paragraph (6), it may decide to proceed as if those requirements had been complied with.

• (8) Where the IOPC DG receives an appeal the IOPC DG shall—

• (a) in the case of an appeal under regulation 21(3), notify the Permanent Secretary to the Home Office or the Director General concerned of the appeal as soon as reasonably practicable; and

• (b) in that or any other case, request any information from any person which the IOPC DG considers necessary to dispose of the appeal.

• (9) Any person receiving a request under paragraph (8)(b) shall supply to the IOPC DG the information requested.

• (10) The relevant appeal body or, in the case of an appeal under regulation 21(3), the IOPC DG shall determine the outcome of the appeal as soon as practicable.

• (11) The relevant appeal body or, in the case of an appeal under regulation 21(3), the IOPC DG shall notify the complainant of the reasons for its determination, and the IOPC DG—

• (a) in the case of an appeal under the said regulation, shall also notify the Permanent Secretary to the Home Office or the Director General; and

• (b) in a case where the IOPC DG is the relevant appeal body, shall also notify the appropriate authority.

• (12) In the case of an appeal other than one under regulation 21(3)—

• (a) where the IOPC DG is the relevant appeal body—

• (i) the IOPC DG shall notify the complainant of any direction the IOPC DG gives to the appropriate authority as to the future handling of the complaint; and

• (ii) subject to paragraph (13), the appropriate authority shall notify the person complained against of any such direction;

• (b) where the Director General is the relevant appeal body, the Director General shall notify the complainant and the person complained against of the action that he proposes to take in relation to the complaint.

• (13) An appropriate authority may decide not to make a notification under paragraph (12)(a)(ii) if it is of the opinion that to do so might prejudice any criminal investigation or pending proceedings or would otherwise be contrary to the public interest.

Relevant appeal body

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• (1) The relevant appeal body in relation to an appeal is—

• (a) the IOPC DG, in a case where the relevant complaint falls within a description of a complaint specified in paragraph (2);

• (b) the Director General in any other case.

• (2) Complaints to which this paragraph applies are any complaint—

• (a) about the conduct of a senior officer;

• (b) in the case of which the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved)—

• (i) would not justify the bringing of criminal or misconduct proceedings against a person serving with the police; or

• (ii) would not involve the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998[^f00013]);

• (c) that has been, or must be, referred to the IOPC DG under regulation 22;

• (d) arising from the same incident as a complaint to which sub-paragraph (a), (b) or (c) applies;

• (e) to any part of which sub-paragraph (a), (b), (c) or (d) applies.

• (3) Where an appeal is made to the IOPC DG and the appropriate authority is the relevant appeal body in relation to the appeal, the IOPC DG must—

• (a) forward the appeal to the appropriate authority; and

• (b) notify the person who made the appeal that—

• (i) the appropriate authority is the relevant appeal body; and

• (ii) the appeal has been forwarded.

• (4) In an appeal to which paragraph (3) applies, the appeal is taken to have been—

• (a) made to the appropriate authority; and

• (b) so made at the time when it is forwarded to the appropriate authority.

• (5) Where an appeal is made to the appropriate authority and the IOPC DG is the relevant appeal body in relation to the appeal, the appropriate authority must—

• (a) forward the appeal to the IOPC DG; and

• (b) notify the person who made the appeal that—

• (i) the IOPC DG is the relevant appeal body; and

• (ii) the appeal has been forwarded.

• (6) In an appeal to which paragraph (5) applies, the appeal is taken to have been—

• (a) made to the IOPC DG; and

• (b) so made at the time when it is forwarded to the IOPC DG.

• (7) In this regulation—

• “appeal” mean an appeal under regulation 25(15), 27(1), 64(19) or 71(2);

• “relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.

Signed

Jeremy Browne — Minister of State — 9th September 2013

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

These Regulations provide for the basis on which the Independent Police Complaints Commission has oversight of complaints and other matters relating to the conduct of a National Crime Agency officer (“NCA officer”), including the Director General of the National Crime Agency.

The statutory framework in accordance with which the Commission has oversight of police conduct is set out in Part 2 of, and Schedule 3 to, the Police Reform Act 2002 (“the 2002 Act”). The Commission was established by the 2002 Act to provide an effective and independent means of overseeing the investigation of complaints and alleged misconduct relating to the actions of the police. These Regulations are made under section 26C of the 2002 Act and make provision which broadly reflects existing arrangements in accordance with which the Commission has oversight of the police, but with modifications in parts where it is necessary to reflect differences between the NCA and the police.

Part 1 contains introductory provision and an interpretation provision (regulation 2); this includes a definition of the appropriate authority, which performs a number of investigative functions under the framework established by these Regulations. The appropriate authority is ordinarily the Permanent Secretary to the Home Office or the Director General of the National Crime Agency; their respective role is determined by the nature of the complaint or other matter which is being investigated.

Part 2 contains provision which sets out the broad basis on which the Commission has oversight of complaints and misconduct relating to the NCA. It makes provision to apply specific sections of Part 2 of the 2002 Act with modifications (regulation 5), and sets out the general functions of the Commission and the reporting requirements which apply to it (regulations 6 and 7). Regulation 8 defines the matters which may be the subject of an investigation under these Regulations (a complaint, conduct matter or death or serious injury (or DSI) matter). Regulations 9 to 12 set out the general duties of the appropriate authority, payment for assistance (e.g. in a case where the police assists with an investigation), the provision of information by the NCA to the Commission and requirements in relation to onward disclosure of such information and the inspection of NCA premises by the Commission.

Regulations 13 to 16 make provision for keeping complainants and other interested persons informed about investigations, and includes provision about the manner in which these requirements are fulfilled and exceptions to them.

Part 3 contains provision about the handling of complaints. It imposes duties to preserve evidence (regulation 17), handling and recording of complaints (regulations 18 to 21), the cases in which complaints are referred to the Commission (regulations 22 and 23) and the handling of complaints by the appropriate authority (regulations 24 to 26). There are prescribed appeal rights in certain cases (Regulation 27).

Part 4 contains provision about the handling of conduct matters. It imposes duties in relation to the identification and recording of conduct matters (regulations 28 to 30), preservation of evidence (regulation 31) and the cases in which conduct matters are referred to the Commission (regulations 32 and 33).

Part 5 contains provision about the handling of DSI matters. It imposes duties to record DSI matters and preserve evidence (regulations 34 and 35) and the reference of DSI matters to the Commission and its corresponding duties on a referral to it (regulations 36 and 37).

Part 6 contains provision governing the basis on which the Commission determines the form of an investigation in a matter referred to it (regulation 38), ranging from investigations carried out by the appropriate authority on its own behalf (regulation 41) or supervised or managed by the Commission (regulations 42 or 43) to investigations carried out by the Commission itself (regulation 44). There is also provision governing the appointment of investigators (regulation 39) the processes which apply in specific cases (e.g. withdrawn complaints or the resumption of an investigation following the conclusion of relevant criminal proceedings (regulations 40 and 45 to 48).

Part 6 also contains provision governing a special procedure which applies in a case in which a conduct matter is revealed during the course of the investigation of a complaint (regulations 49 to 53), the Commission’s powers to interview witnesses (regulation 54), restrictions on certain proceedings during an investigation (regulation 55) and an accelerated procedure in cases where gross misconduct is identified during an investigation into a complaint or conduct matter (regulations 56 to 63). This Part also contains provision governing the discontinuance of an investigation (regulation 64) and the procedure in cases where a conduct matter is revealed during an investigation into a DSI matter (regulation 65).

Part 7 sets out the basis governing the submission of investigation reports, the actions which the Commission or the appropriate authority are required to take, the prescribed appeal rights in relation to an investigation and the availability of a review or reinvestigation following an appeal (regulations 66 to 72). Regulation 73 sets out the duties on the appropriate authority with respect to disciplinary proceedings (e.g. following a recommendations made by the Commission) and the information which is required to be provided to complainants about such proceedings (regulation 74).

Part 8 contains provision about a number of general matters including appeal processes and which person may hear an appeal (regulations 82 and 83).

An impact assessment has not been prepared for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.

Footnotes

[^f00001]: 2002 c. 30. Relevant amendments were made by paragraphs 1, 9 and 10 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 1 and 2 of Schedule 23 to the Criminal Justice and Immigration Act 2008 (c. 4), Schedules 14 and 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and sections 1 to 3 of the Police Complaints and Conduct) Act 2012 (c. 22). Section 26C was inserted by section 11(6) of the Crime and Courts Act 2013 (c. 22).

[^f00002]: 1996 c. 16. Section 63(3)(b) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime Act 2005; there have been further amendments to section 63 that are not relevant for these purposes.

[^f00003]: 2013 c. 22.

[^f00004]: 1971 c. 80.

[^f00005]: 1980 c. 43.

[^f00006]: 1992 c.52.

[^f00007]: 2005 c. 15. Paragraph 1(4) of Schedule 1 was amended by article 13 of, and paragraphs 1 and 27 of Schedule 15 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976). Paragraph 4(d) was amended by article 3(2) of, and paragraph 54(1) and (2) of Schedule 2 to, the Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404); paragraph 4(ea) was inserted by article 3(2) of, and paragraph 54(1) and (3) of Schedule 2 to, that Order.

[^f00008]: Guidance issued by the Commission under section 22 of the 2002 Act in January 2013.

[^f00009]: 1998 c. 42.

[^f00010]: 1996 c.16.

[^f00011]: 1992 c.52.

[^f00012]: 1996 c.18.

[^f00013]: 1998 c. 42.

Editorial notes

[^key-d118479f33527a40a33fab9ee1d8ccbb]: Reg. 1 in force at 7.10.2013, see reg. 1(1)

[^key-5eabe71c107ba3f2d68b53c796fe23a4]: Reg. 2 in force at 7.10.2013, see reg. 1(1)

[^key-a8a57384eaf8e2bd74e0da1e56869249]: Reg. 3 in force at 7.10.2013, see reg. 1(1)

[^key-fd62503291a9793b90c7783dad0e65c4]: Reg. 4 in force at 7.10.2013, see reg. 1(1)

[^key-a9c5f944f235c333cb1cc90c1e1b3494]: Reg. 5 in force at 7.10.2013, see reg. 1(1)

[^key-dc29d164df027a30945ca8cc842b438d]: Reg. 6 in force at 7.10.2013, see reg. 1(1)

[^key-c01262aa5107695771f5b332db6d0d93]: Reg. 7 in force at 7.10.2013, see reg. 1(1)

[^key-b94c876772cb59adcbb9831a8aa033b3]: Reg. 8 in force at 7.10.2013, see reg. 1(1)

[^key-1444e7f6ae2c438875e5b129726405b1]: Reg. 9 in force at 7.10.2013, see reg. 1(1)

[^key-e45bf4b98f65397a2c96d2af6daa5f43]: Reg. 10 in force at 7.10.2013, see reg. 1(1)

[^key-b8b44d899d4a017c1898265400d32371]: Reg. 11 in force at 7.10.2013, see reg. 1(1)

[^key-0d4b28bf05009aa823cc1ecb3caf8c15]: Reg. 12 in force at 7.10.2013, see reg. 1(1)

[^key-9708e5d171ea6d7733a6b05ef583883b]: Reg. 13 in force at 7.10.2013, see reg. 1(1)

[^key-5d0be724fdc6eeb9d3858c9ecc28777a]: Reg. 14 in force at 7.10.2013, see reg. 1(1)

[^key-4535c6a2f15adaf10e42910b068837f1]: Reg. 15 in force at 7.10.2013, see reg. 1(1)

[^key-15f69c68d611aeb3d588f3ea464d4e9d]: Reg. 16 in force at 7.10.2013, see reg. 1(1)

[^key-06551b7abd6a62ee6f960060a6a54fcb]: Reg. 17 in force at 7.10.2013, see reg. 1(1)

[^key-f4e8bf58d12c0b942d13524946ab4f3c]: Reg. 18 in force at 7.10.2013, see reg. 1(1)

[^key-d0f3f50f5c8e424d5be91fd039569bf4]: Reg. 19 in force at 7.10.2013, see reg. 1(1)

[^key-8fab7fe3e9da334dba807721c4e9967a]: Reg. 20 in force at 7.10.2013, see reg. 1(1)

[^key-d33f1a0e09b794fc2293a65752c07ca5]: Reg. 21 in force at 7.10.2013, see reg. 1(1)

[^key-54c5a8f48a0e0eca336e3b9702552835]: Reg. 22 in force at 7.10.2013, see reg. 1(1)

[^key-4abf7d3c41c6d7f9a822052a2539e8e1]: Reg. 23 in force at 7.10.2013, see reg. 1(1)

[^key-578ba8fc35c88c1f70089ae839db573d]: Reg. 24 in force at 7.10.2013, see reg. 1(1)

[^key-b29ea0837661d0f8969d6e74ff82ee3c]: Reg. 25 in force at 7.10.2013, see reg. 1(1)

[^key-8269612b2be89ef19596c5968fc9103b]: Reg. 26 in force at 7.10.2013, see reg. 1(1)

[^key-380b24d6855827f52859e205177c8786]: Reg. 27 in force at 7.10.2013, see reg. 1(1)

[^key-93062fc23ffb5c7191a8e2c7aea8e674]: Reg. 28 in force at 7.10.2013, see reg. 1(1)

[^key-dd52bb7a88dbd77be9bb956fbace94a7]: Reg. 29 in force at 7.10.2013, see reg. 1(1)

[^key-e16eb1833934d148b8339a98e6c252f9]: Reg. 30 in force at 7.10.2013, see reg. 1(1)

[^key-22974c0f5fd7102d0703593a1c5ffb7a]: Reg. 31 in force at 7.10.2013, see reg. 1(1)

[^key-9fa43e3a78200b601c1100c94c43e485]: Reg. 32 in force at 7.10.2013, see reg. 1(1)

[^key-445f36fdb710ad3d27cec68bf3fec78f]: Reg. 33 in force at 7.10.2013, see reg. 1(1)

[^key-1392d44caecd9c7074843ba885bf9f4b]: Reg. 34 in force at 7.10.2013, see reg. 1(1)

[^key-e73bd1a0a5a3297fb017995a63f999d8]: Reg. 35 in force at 7.10.2013, see reg. 1(1)

[^key-f0487b7e73bbac24bfc64321a7aa30c7]: Reg. 36 in force at 7.10.2013, see reg. 1(1)

[^key-4b9c2124e487ba7af0eb5a0699b96f30]: Reg. 37 in force at 7.10.2013, see reg. 1(1)

[^key-b422959d5b3332680eec3504ba17bca0]: Reg. 38 in force at 7.10.2013, see reg. 1(1)

[^key-15ff8c1304b706df12808e68861844c8]: Reg. 39 in force at 7.10.2013, see reg. 1(1)

[^key-f3f87be8c7ab6d89a6fc68b9977134d7]: Reg. 40 in force at 7.10.2013, see reg. 1(1)

[^key-6bd9a54efb86bf7a8e5767f49d63efcb]: Reg. 41 in force at 7.10.2013, see reg. 1(1)

[^key-565821866e398079691358d97528f475]: Reg. 42 in force at 7.10.2013, see reg. 1(1)

[^key-08d3372dbf3e3503c34f2c1cff75bf88]: Reg. 43 in force at 7.10.2013, see reg. 1(1)

[^key-41fb96160bf2ae100bfcec18bf4f7714]: Reg. 44 in force at 7.10.2013, see reg. 1(1)

[^key-3b992becaf8da0cec42a43c8f919e917]: Reg. 45 in force at 7.10.2013, see reg. 1(1)

[^key-da4b919093dd4cd9d797fcb29a5d1b05]: Reg. 46 in force at 7.10.2013, see reg. 1(1)

[^key-f17ef843fe0bace5925124450a38514b]: Reg. 47 in force at 7.10.2013, see reg. 1(1)

[^key-0c91b117a7bfb588fa5e8208185ad025]: Reg. 48 in force at 7.10.2013, see reg. 1(1)

[^key-37417621425b2ac8d5bbb6aceb7ce348]: Reg. 49 in force at 7.10.2013, see reg. 1(1)

[^key-b18d7e4c351d5a85cec11e7edd9ae11b]: Reg. 50 in force at 7.10.2013, see reg. 1(1)

[^key-0810d9baa1d9f51a3eafc4878c646aa0]: Reg. 51 in force at 7.10.2013, see reg. 1(1)

[^key-9d24d1e36f7665ec89da7a8462aeeefb]: Reg. 52 in force at 7.10.2013, see reg. 1(1)

[^key-32dd684f33d538bc435c999e1b3413c5]: Reg. 53 in force at 7.10.2013, see reg. 1(1)

[^key-1cb5bff3ab94a6c09b4fe60291a62168]: Reg. 54 in force at 7.10.2013, see reg. 1(1)

[^key-cee85287c34adc5e922411febf4e5706]: Reg. 55 in force at 7.10.2013, see reg. 1(1)

[^key-1424c7c4001e179a4b302ee07a79026b]: Reg. 56 in force at 7.10.2013, see reg. 1(1)

[^key-e528401fe058a2ec3e582a11495ec2b3]: Reg. 57 in force at 7.10.2013, see reg. 1(1)

[^key-1fcd7f3f5cc8907d8444de365ad9255f]: Reg. 58 in force at 7.10.2013, see reg. 1(1)

[^key-d940ecc637f5860bb4505e4c0c9235aa]: Reg. 59 in force at 7.10.2013, see reg. 1(1)

[^key-40d1b27e21eda38e2ebf17dbefe9fa93]: Reg. 60 in force at 7.10.2013, see reg. 1(1)

[^key-2da03f2aad3dc0daa78db507be8dc4f6]: Reg. 61 in force at 7.10.2013, see reg. 1(1)

[^key-4aa466bdb3ca67a2000a8cff5cd1a69c]: Reg. 62 in force at 7.10.2013, see reg. 1(1)

[^key-4ef76efce8feb1e5a911dc855706ebf5]: Reg. 63 in force at 7.10.2013, see reg. 1(1)

[^key-7cf62baf8fb10664e5534274ef93b6e9]: Reg. 64 in force at 7.10.2013, see reg. 1(1)

[^key-a69ae2ecb9656ab322ffe6ba60afe7a8]: Reg. 65 in force at 7.10.2013, see reg. 1(1)

[^key-320ace8ebe99d1e9ab54397269e09462]: Reg. 66 in force at 7.10.2013, see reg. 1(1)

[^key-8dd506b1616693e8642991147abbb2eb]: Reg. 67 in force at 7.10.2013, see reg. 1(1)

[^key-cec3ba90727406869257cdd24ec4752b]: Reg. 68 in force at 7.10.2013, see reg. 1(1)

[^key-0c34959885c7b10f4b911fa46f90a503]: Reg. 69 in force at 7.10.2013, see reg. 1(1)

[^key-51cf3161db9f1c9a56a0e66f9cf905cf]: Reg. 70 in force at 7.10.2013, see reg. 1(1)

[^key-3bc0e55c64ddcb6d27567161f57e9370]: Reg. 71 in force at 7.10.2013, see reg. 1(1)

[^key-a1ae63249bbeed57f5df7dadce199d15]: Reg. 72 in force at 7.10.2013, see reg. 1(1)

[^key-1dc88e2669e3d6443f1e0564ed2d2a6b]: Reg. 73 in force at 7.10.2013, see reg. 1(1)

[^key-55ddb5f1d1b1b9a5d4d6f1b820cb86ee]: Reg. 74 in force at 7.10.2013, see reg. 1(1)

[^key-900c8df2fcad26538df91f2518ea691a]: Reg. 75 in force at 7.10.2013, see reg. 1(1)

[^key-99df6fbd6dd7aa3765808d84143dec41]: Reg. 76 in force at 7.10.2013, see reg. 1(1)

[^key-1b23b25a13aa822ee973ab3d616fd7a0]: Reg. 77 in force at 7.10.2013, see reg. 1(1)

[^key-a34b59760f02cd97c4f0ed1cf0d11bd2]: Reg. 78 in force at 7.10.2013, see reg. 1(1)

[^key-e9c54e226c4b6c045a395716ff4b78f1]: Reg. 79 in force at 7.10.2013, see reg. 1(1)

[^key-f3a4147dc65513863d7c7678044683b6]: Reg. 80 in force at 7.10.2013, see reg. 1(1)

[^key-5c5f422cbd3975b9d064f1d1a46fe68c]: Reg. 81 in force at 7.10.2013, see reg. 1(1)

[^key-3e1ea744cf0c65a43f2a47def8725227]: Reg. 82 in force at 7.10.2013, see reg. 1(1)

[^key-88b4e4660785e28a5bcdf8d5b6012e87]: Reg. 83 in force at 7.10.2013, see reg. 1(1)

[^key-12059179ccdc9e0a6cc611e1acb79b28]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)

[^key-d68d49199c2a53dc30cc503692c178ac]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(b) (with regs. 30(3), 37)

[^key-ac1270ecfe2b0cd87a040d1086f1bf2c]: Regs. 6A, 6B inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(7) (with reg. 37)

[^key-385ea5538fd52cde2f70b8fbb766464d]: Words in reg. 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, 30(4)(a) (with reg. 37)

[^key-043790e8af750d01d108f016797c3a2f]: Words in reg. 2 inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(4)(d) (with reg. 37)

[^key-10c560a706f497f43d3a18b977be7939]: 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, 30(5)(a) (with reg. 37)

[^key-d335ed36df61ed6adb42b2ea316f1a00]: Word 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, 30(5)(b) (with reg. 37)

[^key-f95bf9adf3292fdc73023fe3f48093af]: Reg. 6(4A) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(6)(a) (with reg. 37)

[^key-c1eb0a40d67bf7a4685566e484deca45]: Word in reg. 6(6) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(6)(b) (with reg. 37)

[^key-40943b3b880e9a1891fcba5df0f8a955]: Reg. 7(1) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(8)(a) (with reg. 37)

[^key-b236ed9f35565a099cdca162aaee50d1]: Words in reg. 7(6) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(8)(b) (with reg. 37)

[^key-330db4814f18428a0522a5a30219da82]: Word in reg. 9(7) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(9) (with reg. 37)

[^key-160925e7729b3c2e9437d234843cf2ae]: Word in reg. 10(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(10) (with reg. 37)

[^key-63af10f91e6a1c47429ce99697a011e2]: Word in reg. 12(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, 30(11) (with reg. 37)

[^key-5ebf39b55c0375227dce6f5666ec4370]: Words in reg. 16(2) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(12) (with reg. 37)

[^key-eb00eb7dcb9ccf86dae9c420fc7315bd]: Word in reg. 44(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, 30(13)(a) (with regs. 37, 38)

[^key-cd9d549cd99d60e53b7d3c6c3e7120b4]: Reg. 44(2)(2A) substituted for reg. 44(2) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(13)(b) (with regs. 37, 38)

[^key-83f97f79c5675e1860174d435a54d0ba]: Word in reg. 44(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(13)(c) (with regs. 37, 38)

[^key-6756c84cae0a6182cbf2a833976a8868]: Words in reg. 44(4) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(13)(d) (with regs. 37, 38)

[^key-7387cde8f57cb142e399e31ba502b66f]: Words in reg. 45(2) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(14) (with reg. 37)

[^key-608a6c26f4946650b62f946839d4dccc]: Words in reg. 48(8) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(15) (with reg. 37)

[^key-1874630775ad85afe2d6daa0fd0c32f7]: Words in reg. 49(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(16) (with reg. 37)

[^key-3280db529ddb1072561942121b9a505e]: Words in reg. 54(1)(b) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(17) (with reg. 37)

[^key-52cf644fb66637d9c0ec09ec4beffcb2]: Words in reg. 55(1)(b) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(18) (with reg. 37)

[^key-121e3888fea5de6d02d034cd0507f03a]: Words in reg. 56(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(19)(a)(i) (with reg. 37)

[^key-fadc6d6ab3f700076010b2c2c40f7e4e]: Word in reg. 56(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(19)(a)(ii) (with reg. 37)

[^key-124150caaedb2a7268a4d1229a2ac743]: Words in reg. 56(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(19)(b) (with reg. 37)

[^key-ed95203a0c93d6f05ed91bc6265f75e2]: Word in reg. 64(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, 30(20) (with reg. 37)

[^key-93593db9030bdd6100cabed3ad7c8584]: Word in reg. 64(14)(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, 30(20) (with reg. 37)

[^key-f3ac9d2c6fdca6e8c674a563220a47eb]: Words in reg. 65(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, 30(21)(a) (with reg. 37)

[^key-e933f9f6d896722dc7feb11445a57aa2]: Reg. 65(2A)(2B) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(21)(b) (with reg. 37)

[^key-4edf8d40ee75aeb9b0ffed92a7b2c6c9]: Words in reg. 65(5)(a) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(21)(c) (with reg. 37)

[^key-a4541adc375617ca47080286a57ea40a]: Words in reg. 66(5) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(22)(a)(i) (with reg. 37)

[^key-76305dab3677e7f81dd9771821878978]: Words in reg. 66(5) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(22)(a)(ii) (with reg. 37)

[^key-b3c40b6be971af9ee7dffc52a8a88a9d]: Words in reg. 66(6) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(22)(b) (with reg. 37)

[^key-9f0634a474e45ae88c14065edc6aacf5]: Words in reg. 66(8) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(22)(c) (with reg. 37)

[^key-13d42063ddf47fb551e0fbdbedcd5f07]: Words in reg. 67(1)(b) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(23)(a) (with reg. 37)

[^key-066bd58a99c17f1990c141da81e3130d]: Words in reg. 67(2) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(23)(b) (with reg. 37)

[^key-bd94338f18bca0cbfbe8e7846b12de25]: Word in reg. 67(15) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(23)(c) (with reg. 37)

[^key-29e85df0364708fcbbfce9e97ec00e2a]: Words in reg. 69(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(24)(a) (with reg. 37)

[^key-0655dc2a096fd6ff28369369edd1e4ef]: Reg. 69(2A) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(24)(b) (with reg. 37)

[^key-73994e9df478219b19477bd65e83c71c]: Words in reg. 69(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(24)(c) (with reg. 37)

[^key-83ea7f8404256ea8cf0e233bd45aed06]: Words in reg. 69(4) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(24)(d) (with reg. 37)

[^key-181e30cffe9b575cbdac13b54ffe045b]: Words in reg. 72(1)(b) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(25) (with reg. 37)

[^key-d06ebb7d082576c7a7903c97508dfc2d]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(c) (with regs. 30(3), 37)

[^key-b7c8426029859cc1b54bccdf1cab445b]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(d) (with regs. 30(3), 37)

General functions of the IOPC DG under these Regulations

General Functions of the IOPC under these Regulations

6A

• (1) The functions of the IOPC are—

• (a) to provide support and advice to the IOPC DG in the carrying out of the IOPC DG’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 IOPC DG’s functions 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 6(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

6B

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

Reports to the Secretary of State

Complaints, matters and persons to which these Regulations apply

General duties of the Permanent Secretary, Director General and inspectors

Payment for assistance with investigations

Provision of information to the IOPC DG

Inspection of premises on behalf of the IOPC DG

Duty to keep the complainant informed

Duty to provide information for other persons

Manner in which duties to provide information are to be performed