The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015
- (b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under regulation 14 (duty to provide information for other persons).
- (13) The notification required by paragraph (12) is one setting out—
- (a) the findings of the report;
- (b) the determinations the authority has made under paragraph (11);
- (c) the complainant’s right of appeal under regulation 77 (appeals with respect to an investigation).
- (14) Regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons) shall have effect in relation to the duties imposed on the appropriate authority by paragraph (12) of this regulation as it has effect in relation to the duties imposed on the appropriate authority by regulations 13 and 14.
- (15) Subject to regulation 16, the appropriate authority shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in paragraph (12) notification of the findings of the report by sending that person a copy of the report.
- (16) In relation to a DSI matter in respect of which a determination has been made under regulation 71(2) or (4) (procedure where conduct matter is revealed during investigation of DSI matter), the references in this regulation to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.
Final reports on investigations: other DSI matters
75
- (1) This regulation applies on the completion of an investigation of a DSI matter in respect of which neither the Director General nor the appropriate authority has made a determination under regulation 71(2) , (2A) or (4) (procedure where a conduct matter is revealed during investigation of a DSI matter).
- (2) The person investigating shall—
- (a) submit a report on the investigation to the Director General; and
- (b) send a copy of that report to the appropriate authority.
- (2A) Paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under regulation 45, but the Director General shall complete a report on the investigation.
- (3) A person submitting a report to the Director General under this regulation shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as that person thinks fit.
- (4) On receipt of the report (or on its completion by the Director General), the Director General shall determine whether the report indicates that the contractor may have—
- (a) committed a criminal offence; or
- (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 75
76
- (1) If the Director General determines under regulation 75(4) that the report indicates that the contractor may have—
- (a) committed a criminal offence; or
- (b) behaved in a manner which would justify the bringing of disciplinary proceedings,
the Director General shall notify the appropriate authority in relation to the person whose conduct is in question of the Director General’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 Director General under paragraph (1), it shall record the matter under regulation 30 (recording etc. of conduct matters in other cases) as a conduct matter.
- (3) Where a DSI matter is recorded under regulation 30 as a conduct matter by virtue of paragraph (2)—
- (a) the person investigating the DSI matter shall (subject to any determination made by the Director General under regulation 39(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) This paragraph applies where the Director General determines under regulation 75(4) that there is no indication in the report that the contractor may have—
- (a) committed a criminal offence; or
- (b) behaved in a manner which would justify the bringing of disciplinary proceedings.
- (5) The Director General may notify the appropriate authority that it must determine—
- (a) whether or not the performance of a contractor is unsatisfactory, and
- (b) what action (if any) the authority will take in respect of any such person’s performance.
- (6) On receipt of a notification under paragraph (5) the appropriate authority shall make those determinations and submit a memorandum to the Director General setting out the determinations the authority has made.
- (7) On receipt of a memorandum under sub-paragraph (6), the Director General shall—
- (a) consider the memorandum and whether the appropriate authority has made the determinations under paragraph (6) that the Director General considers appropriate;
- (b) determine whether or not to make recommendations under regulation 79;
- (c) make such recommendations (if any) under that regulation as the Director General thinks fit.
Appeals with respect to an investigation
77
- (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 Director General.
- (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 74(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 61 (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 Director General may require the person investigating to submit a memorandum to the Director General 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 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 74(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 Director General 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 Director General 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 74(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 Director General is the relevant appeal body, the Director General shall give the appropriate authority all such directions as the Director General 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 Director General 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 Director General determines that the findings of the investigation need to be reconsidered in a case where the Director General is the relevant appeal body the Director General 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 makes one of the determinations set out in paragraph (11)—
- (a) paragraph (12) applies if the Director General is the relevant appeal body; or
- (b) paragraph (13) applies if the chief officer is the relevant appeal body.
- (11) The determinations to which paragraph (10) refers are—
- (a) 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
- (b) that the appropriate authority has not made a determination as to whether a person’s performance is or is not unsatisfactory, or
- (c) 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.
- (12) The Director General shall—
- (a) determine, in the light of that determination, whether or not to make recommendations under regulation 79 (duties with respect to disciplinary proceedings); and
- (b) make such recommendations (if any) under that regulation as the Director General thinks fit.
- (13) The chief officer shall take such action as the chief officer considers appropriate in relation to the bringing of disciplinary or unsatisfactory performance proceedings in respect of the matters dealt with in the report.
- (14) If disciplinary 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.
- (15) If, on an appeal under this regulation, the relevant appeal body determines that the conditions set out in regulation 74(3) and (4) are satisfied in respect of the report, in a case where the Director General is the relevant appeal body the Director General 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.
- (16) 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.
- (17) In a case where the Director General is the relevant appeal body, the Director General 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 Director General that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.
- (18) 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
78
- (1) On a review under regulation 77(9)(a) (appeals with respect to an investigation) of the findings of an investigation the powers of the Director General shall be, according to the Director General’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 Director General 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 Director General directs under regulation 77 or paragraph (1) that a complaint be re-investigated, the Director General shall make a determination of the form that the re-investigation should take.
- (3) Paragraphs (3) to (7) of regulation 39 (power of the Director General 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 77(9) or paragraph (1) of this regulation as they apply in relation to any investigation in pursuance of a determination under regulation 39.
- (5) The Director General shall give notification of any determination made by the Director General 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 Director General that to do so might prejudice any proposed re-investigation of the complaint, to the person complained against.
- (6) The Director General 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 Director General 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 etc.
79
- (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 74(12) (action by the appropriate authority in response to an investigation report under regulation 72) 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;
- (b) has submitted, or is required to submit, a memorandum to the Director General under regulation 73 (action by the Director General in response to an investigation report under regulation 72) or 77 (appeals with respect to an investigation) setting out the action that it is required to or will, in its discretion, take in relation to those matters; or
- (c) has submitted, or is required to submit, a memorandum to the Director General under regulation 76.
- (2) Subject to regulation 60 (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 Director General may make a recommendation to the appropriate authority in respect of the contractor—
- (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, or is not, 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 Director General 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) Where this paragraph applies by virtue of paragraph (1)(c), the Director General may make a recommendation to the appropriate authority—
- (a) that the performance of a contractor is, or is not, satisfactory;
- (b) that action of the form specified in the recommendation is taken in respect of the person’s performance;
and it shall be the duty of the appropriate authority to notify the Director General 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.
- (5) If, after the Director General 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 Director General 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.
- (6) A direction under paragraph (5) may, to such extent as the Director General thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.
- (7) Where the Director General gives the appropriate authority a direction under this regulation, the Director General shall supply the appropriate authority with a statement of the Director General’s reasons for doing so.
- (8) 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.
- (9) The Director General may at any time withdraw a direction given under this regulation, and paragraph (8) shall not impose any obligation in relation to any time after the withdrawal of the direction.
- (10) The appropriate authority shall keep the Director General informed—
- (a) in a case in which this regulation applies by virtue of paragraph (1)(b) or (c), 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
80
- (1) Where—
- (a) the Director General makes recommendations under regulation 79 in the case of an investigation of a complaint; and
- (b) the appropriate authority notify the Director General that the recommendations have been accepted,
the Director General 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 Director General that it does not (either in whole or in part) accept recommendations made by the Director General under regulation 79; or
- (b) fails to take steps to give full effect to any such recommendations,
it shall be the duty of the Director General to determine what if any further steps to take under that paragraph.
- (3) It shall be the duty of the Director General 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 79; and
- (b) where the Director General determines under that paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.
Recommendations by the Commission
81
- (1) This regulation applies where the Director General has received a report (or otherwise completed one in relation to an investigation carried out under regulation 45 by the Director General personally) under—
- (a) regulation 72(3) (report on completion of investigation of complaint or conduct matter supervised or managed by Director General),
- (b) regulation 72(5) (report on completion of investigation of complaint or conduct matter by , or on behalf of, the Director General), or
- (c) regulation 75(2) , or (2A) (report on completion of investigation of DSI matter that is not also conduct matter).
- (2) This regulation also applies where the Director General has made a determination on an appeal under—
- (a) regulation 28 (appeals relating to complaint dealt with other than by investigation), or
- (b) regulation 77 (appeals with respect to an investigation).
- (3) The Director General may make a recommendation in relation to a matter dealt with in the report or appeal.
- (4) A recommendation under this regulation may be made to any person if it is made following the receipt , or completion, of a report relating to a matter specified in paragraph (5).
- (5) The matters specified for the purposes of paragraph (4) are—
- (a) a DSI matter;
- (b) a matter falling within regulation 33(1)(a);
- (c) a matter relating to—
- (i) a serious assault, as defined in guidance issued by the Director General;
- (ii) a serious sexual assault, as defined in guidance issued by the Director General;
- (iii) serious corruption, as defined in guidance issued by the Director General;
- (iv) a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance issued by the Director General;
- (v) a relevant offence;
- (vi) conduct which took place in the same incident as one in which conduct falling within sub-paragraphs (i) to (v) took place; or
- (d) a matter in respect of which the Director General gives a notification to the appropriate authority under regulation 33(1)(c);
- (e) a complaint falling within regulation 22(1)(a);
- (f) a complaint alleging conduct which constitutes—
- (i) a serious assault, as defined in guidance issued by the Director General;
- (ii) a serious sexual assault, as defined in guidance issued by the Director General;
- (iii) serious corruption, as defined in guidance issued by the Director General;
- (iv) a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance issued by the Director General;
- (v) a relevant offence;
- (g) a complaint which arises from the same incident as one in which any conduct falling within sub-paragraphs (e) or (f) took place;
- (h) a complaint in respect of which the Director General gives a notification to the appropriate authority under regulation 22(1)(d); or
- (i) an appeal relating to a complaint of a type described in sub-paragraphs (e) to (h).
- (6) In any other case, a recommendation under this paragraph may be made only to—
- (a) a chief officer, or
- (b) a local policy body, or
- (c) a contractor.
- (7) Where the Director General makes a recommendation under this paragraph, the Director General must also—
- (a) publish the recommendation, and
- (b) send a copy of it—
- (i) in a case where the recommendation is made to a local policing body, to the chief officer of the police force maintained by that body;
- (ii) in a case where the recommendation is made to a chief officer of a police force, to the local policing body that maintains the police force;
- (iii) in a case where the recommendation is made to a contractor, to the chief officer of a police force to whom the contractor is providing services, and the local policing body that maintains the police force;
- (iv) in any other case, to any person to whom the Director General thinks a copy should be sent.
- (8) Nothing in this paragraph affects the power of the Director General to make recommendations or give advice under regulation 6(1)(e) (whether arising under these Regulations or otherwise).
Response to recommendation
82
- (1) A person to whom a recommendation under regulation 81 is made must provide to the Director General a response in writing stating—
- (a) what action the person has taken or proposes to take in response to the recommendation, or
- (b) why the person has not taken, or does not propose to take, any action in response.
- (2) The person must provide the response to the Director General before the end of the period of 56 days beginning with the day on which the recommendation was made, unless paragraph (3) applies.
- (3) The Director General may extend the period of 56 days following an application received before the end of the period; and if the Director General grants an extension, the person must provide the response before the end of the extended period.
- (4) But if proceedings for judicial review of the Director General’s decision to make a recommendation are started during the period allowed by paragraph (2) or (3), that period is extended by however many days the proceedings are in progress.
- (5) On receiving a response, the Director General must, within the period of 21 days beginning with the day on which the Director General received it—
- (a) publish the response, and
- (b) send a copy of it to any person who was sent a copy of the recommendation under regulation 81(7)(b),
unless the person giving the response has made representations under paragraph (6).
- (6) The person giving the response may, at the time of providing it to the Director General, make representations to the Director General asserting that the requirements of publication and disclosure under paragraph (5) should not apply to the response, or to particular parts of it.
- (7) On receiving such representations, the Director General may decide—
- (a) that the response should not be published, or that only parts of it should be published;
- (b) that the response should not be disclosed, or that only parts of the response should be disclosed.
- (8) Where, following a decision on representations, the Director General decides to publish or disclose a response (in whole or in part), the Director General must do so only after the person giving the response has been informed of the Director General’s decision, and—
- (a) in a case where the Director General has decided to accept all of the representations, the Director General must do so within the period of 21 days beginning with the day on which the Director General received the response;
- (b) in a case where the Director General has decided to reject any of the representations, the Director General must do so—
- (i) within the period of 21 days beginning with the day on which the person was informed of the Director General’s decision on the representations, but
- (ii) not before the end of the period of 7 days beginning with that day.
- (9) But if proceedings for judicial review of the Director General’s decision to reject a representation are started during the period of 7 days referred to in paragraph (8)(b)(ii)—
- (a) the Director General must not publish or disclose the response while the proceedings are in progress;
- (b) if the court upholds the Director General’s decision to reject a representation, the Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days beginning with the day on which the proceedings are no longer in progress.
- (10) Where a local policing body or a chief officer makes a response under this paragraph, the body or officer must, at the time the Director General publishes the response, also publish the response (to the same extent as published by the Director General) and the recommendation under regulation 81.
- (11) For the purposes of this paragraph—
- (a) “disclosing” a response means sending a copy of it as mentioned in paragraph (5)(b);
- (b) the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought.
PART 8 — General
Complaints or conduct matters concerning a person who has subsequently ceased to be a contractor
83
Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a contractor 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
84
- (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 Director General 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 Director General 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
85
- (1) So far as not covered by regulations 73(11) and (12) and 77(15) and (16) (notifications by the Director General in relation to recommending disciplinary proceedings), where the Director General takes any action or decisions in consequence of the Director General having received a memorandum under regulation 73(9) or regulation 77(4), the Director General shall notify such action or decisions, together with an explanation of the Director General’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 Director General shall include in any notification under that paragraph a statement as to whether the Director General intends to participate in any disciplinary proceedings.
- (3) The Director General may decide not to give such a notification and explanation to the person complained against if the Director General is of the opinion that that notification might prejudice any criminal investigation, pending proceedings, or review of the complaint.
Keeping of records
86
The appropriate authority shall keep records, in such form as the Director General shall determine, of—
- (a) every complaint and purported complaint that is made to it;
- (b) every conduct matter recorded by it under regulation 29 (conduct matters arising in civil proceedings) or 30 (recording etc. of conduct matters in other cases);
- (c) every DSI matter recorded by it under regulation 35 (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
87
- (1) The Director General shall establish and maintain a register of all information supplied to the Director General by the appropriate authority 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) learning lessons from the handling of, or demonstrating the thoroughness and effectiveness of, local resolutions, investigations by the Director General 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 Director General 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 chief officer
88
- (1) Subject to the remaining paragraphs of this regulation, the chief officer may delegate all or any of the powers or duties conferred or imposed on the chief officer by or under these Regulations to such an officer as is mentioned in paragraph (2), or to a police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority.
- (2) That officer is—
- (a) a senior officer, in the case of a complaint or conduct matter concerning the conduct of a contractor manager, or
- (b) in any other case, a member of a police force of at the least the rank of chief inspector.
- (3) The chief officer 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 attempted to resolve it by way of local resolution or otherwise.
- (4) The chief officer may delegate all or any of the chief officer’s powers or duties in relation to the local resolution of complaints under these Regulations to—
- (a) a member of a police force;
- (b) a civilian employee of a police force; or
- (c) a contractor.
Manner and time limits of notifications
89
- (1) Any notification to be given under these Regulations shall—
- (a) unless otherwise specified in these Regulations or determined in guidance issued by the Director General, be given in writing;
- (b) unless otherwise specified in these Regulations, be made within such period as the Director General may determine in guidance.
- (2) No time limit mentioned in these Regulations or determined by the Director General shall apply in any case where exceptional circumstances prevent that time limit being complied with.
Appeals
90
- (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 26(6) (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 28(1) (appeal against the outcome of a complaint subjected to local resolution or handled otherwise than in accordance with these Regulations);
- (d) regulation 70(9) (appeal against a decision to discontinue an investigation); and
- (e) regulation 77(2) (appeal in relation to an investigation).
- (2) Where the appropriate authority notifies the complainant of a decision which is or may be capable of appeal under any of the provisions in paragraph (1), the appropriate authority 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 Director General;
- (c) where the appropriate authority has determined that the Director General is the relevant appeal body, the paragraph of regulation 91(2) relied upon in making that determination;
- (d) where the appropriate authority has determined that the chief officer is the relevant appeal body, the fact that there is no right of appeal to the Director General; 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 Director General under regulation 91(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 91(5) and being forwarded to the Director General under that paragraph.
- (5) The relevant appeal body or, in a case of an appeal under regulation 21(3), the Director General 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 appropriate authority 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 Director General 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 Director General receives an appeal the Director General shall—
- (a) in the case of an appeal under regulation 21(3), notify the appropriate authority 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 Director General considers necessary to dispose of the appeal.
- (9) Any person receiving a request under paragraph (8)(b) shall supply to the Director General the information requested.
- (10) The relevant appeal body or, in the case of an appeal under regulation 21(3), the Director General 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 Director General shall notify the complainant of the reasons for its determination, and the Director General—
- (a) in the case of an appeal under the said regulation, shall also notify the chief officer; and
- (b) in a case where the Director General 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 Director General is the relevant appeal body—
- (i) the Director General shall notify the complainant of any direction the Director General 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 chief officer is the relevant appeal body, the chief officer 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
91
- (1) The relevant appeal body in relation to an appeal is—
- (a) the Director General, in a case where the relevant complaint falls within a description of a complaint specified in paragraph (2);
- (b) the chief officer 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 disciplinary proceedings against a contractor; 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[^f00022]);
- (c) that has been, or must be, referred to the Director General 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 Director General and the appropriate authority is the relevant appeal body in relation to the appeal, the Director General 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 Director General is the relevant appeal body in relation to the appeal, the appropriate authority must—
- (a) forward the appeal to the Director General; and
- (b) notify the person who made the appeal that—
- (i) the Director General 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 Director General; and
- (b) so made at the time when it is forwarded to the Director General.
- (7) In this regulation—
- “appeal” mean an appeal under regulation 21(3), 26(6), 28(1), 70(9) or 77(2);
- “relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.
SCHEDULE
| Provision in Part 2 etc. | Provision of these Regulations |
|---|---|
| Section 10 of the 2002 Act | Regulation 6 |
| Section 11 of the 2002 Act | Regulation 7 |
| Sections 12 and 29 of the 2002 Act | Regulation 8 |
| Section 15 of the 2002 Act | Regulation 9 |
| Section 16 of the 2002 Act | Regulation 10 |
| Section 17 of the 2002 Act | Regulation 11 |
| Section 18 of the 2002 Act | Regulation 12 |
| Section 20 of the 2002 Act | Regulation 13 |
| Section 21 and regulation 14 of the 2012 Regulations | Regulation 14 |
| Regulation 12 of the 2012 Regulations | Regulation 15 |
| Regulation 13 of the 2012 Regulations | Regulation 16 |
| Paragraph 1 of Schedule 3 to the 2002 Act | Regulation 17 |
| Paragraph 2 of Schedule 3 to the 2002 Act | Regulation 18 |
| Regulation 15 of the 2012 Regulations | Regulation 19 |
| Regulation 3 of the 2012 Regulations | Regulation 20 |
| Paragraph 3 of Schedule 3 to the 2002 Act | Regulation 21 |
| Paragraph 4 of Schedule 3 to the 2002 Act | Regulation 22 |
| Paragraph 5 of Schedule 3 to the 2002 Act | Regulation 23 |
| Paragraph 6 of Schedule 3 to the 2002 Act | Regulation 24 |
| Paragraph 7 of Schedule 3 to the 2002 Act and regulation 5 of the 2012 Regulations | Regulations 25 and 26 |
| Paragraph 8 of Schedule 3 to the 2002 Act and regulation 6 of the 2012 Regulations | Regulation 27 |
| Paragraph 9 of Schedule 3 to the 2002 Act | Regulation 28 |
| Paragraph 10 of Schedule 3 to the 2002 Act | Regulation 29 |
| Paragraph 11 of Schedule 3 to the 2002 Act and regulation 7 of the 2012 Regulations | Regulation 30 |
| Regulation 7 of the 2012 Regulations | Regulation 31 |
| Paragraph 12 of Schedule 3 to the 2002 Act | Regulation 32 |
| Paragraph 13 of Schedule 3 to the 2002 Act | Regulation 33 |
| Paragraph 14 of Schedule 3 to the 2002 Act | Regulation 34 |
| Paragraph 14A of Schedule 3 to the 2002 Act | Regulation 35 |
| Paragraph 14B of Schedule 3 to the 2002 Act | Regulation 36 |
| Paragraph 14C of Schedule 3 to the 2002 Act and regulation 8 of the 2012 Regulations | Regulation 37 |
| Paragraph 14D of Schedule 3 to the 2002 Act | Regulation 38 |
| Paragraph 15 of Schedule 3 to the 2002 Act | Regulation 39 |
| Regulation 24 of the 2012 Regulations | Regulation 40 |
| Regulation 21 of the 2012 Regulations | Regulation 41 |
| Paragraph 16 of Schedule 3 to the 2002 Act | Regulation 42 |
| Paragraph 17 of Schedule 3 to the 2002 Act and regulation 9 of the 2012 Regulations | Regulation 43 |
| Paragraph 18 of Schedule 3 to the 2002 Act | Regulation 44 |
| Paragraph 19 of Schedule 3 to the 2002 Act | Regulation 45 |
| Paragraph 19ZA of Schedule 3 to the 2002 Act | Regulation 46 |
| Paragraph 19ZB of Schedule 3 to the 2002 Act | Regulation 47 |
| Paragraph 19ZC of Schedule 3 to the 2002 Act | Regulation 48 |
| Paragraph 19ZD of Schedule 3 to the 2002 Act | Regulation 49 |
| Regulation 25 of the 2012 Regulations | Regulation 50 |
| Regulation 26 of the 2012 Regulations | Regulation 51 |
| Regulation 22 of the 2012 Regulations | Regulation 52 |
| Regulation 23 of the 2012 Regulations | Regulation 53 |
| Paragraph 19B of Schedule 3 to the 2002 Act and regulation 16 of the 2012 Regulations | Regulation 54 |
| Paragraph 19C of Schedule 3 to the 2002 Act | Regulation 55 |
| Paragraph 19D of Schedule 3 to the 2002 Act and regulation 19 of the 2012 Regulations | Regulation 56 |
| Paragraph 19E of Schedule 3 to the 2002 Act | Regulation 57 |
| Regulation 17 of the 2012 Regulations | Regulation 58 |
| Paragraph 19F of Schedule 3 to the 2002 Act and regulations 1 and 2 of the 2013 Regulations | Regulation 59 |
| Paragraph 20 of Schedule 3 to the 2002 Act | Regulation 60 |
| Paragraph 20A of Schedule 3 to the 2002 Act | Regulation 61 |
| Paragraph 20B of Schedule 3 to the 2002 Act | Regulation 62 |
| Paragraph 20C of Schedule 3 to the 2002 Act | Regulation 63 |
| Paragraph 20D of Schedule 3 to the 2002 Act | Regulation 64 |
| Paragraph 20E of Schedule 3 to the 2002 Act | Regulation 65 |
| Paragraph 20F of Schedule 3 to the 2002 Act | Regulation 66 |
| Paragraph 20H of Schedule 3 to the 2002 Act | Regulation 67 |
| Paragraph 20I of Schedule 3 to the 2002 Act | Regulation 68 |
| Paragraph 21 of Schedule 3 to the 2002 Act and regulation 10 of the 2012 Regulations | Regulation 69 and 70 |
| Paragraph 21A of Schedule 3 to the 2002 Act | Regulation 71 |
| Paragraph 22 of Schedule 3 to the 2002 Act | Regulation 72 |
| Paragraph 23 of Schedule 3 to the 2002 Act | Regulation 73 |
| Paragraph 24 of Schedule 3 to the 2002 Act | Regulation 74 |
| Paragraph 24A of Schedule 3 to the 2002 Act | Regulation 75 |
| Paragraphs 24B and 24C of Schedule 3 to the 2002 Act | Regulation 76 |
| Paragraphs 25 of Schedule 3 to the 2002 Act | Regulation 77 |
| Paragraph 26 of Schedule 3 to the 2002 Act | Regulation 78 |
| Paragraph 27 of Schedule 3 to the 2002 Act | Regulation 79 |
| Paragraph 28 of Schedule 3 to the 2002 Act | Regulation 80 |
| Paragraph 28A of Schedule 3 to the 2002 Act | Regulation 81 |
| Paragraph 28B of Schedule 3 to the 2002 Act | Regulation 82 |
| Regulation 27 of the 2012 Regulations | Regulation 83 |
| Regulation 28 of the 2012 Regulations | Regulation 84 |
| Regulation 29 of the 2012 Regulations | Regulation 85 |
| Regulation 31 of the 2012 Regulations | Regulation 86 |
| Regulation 32 of the 2012 Regulations | Regulation 87 |
| Regulation 33 of the 2012 Regulations | Regulation 88 |
| Regulation 34 of the 2012 Regulations | Regulation 89 |
| Regulation 11 of the 2012 Regulations | Regulation 90 |
| Paragraphs 30 to 32 of Schedule 3 to the 2002 Act | Regulation 91 |
Signed
Mike Penning — Minister of State — Home Office — 26th February 2015
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 (“the Commission”) has oversight of complaints and other matters relating to the conduct of a contractor.
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 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 contractors 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 chief officer of police but may also be the contractor manager. Regulation 3 makes saving and transitional provision to the effect that these Regulations do not apply to a matter in respect of which section 39(9) to (11) of the 2002 Act continues to apply or a matter which arose prior to 8th April 2015. Regulation 4 provides that the relevant provisions in or under the 2002 Act listed in the first column of the table in the Schedule to these Regulations are to be read as having effect as set out in the provisions of these Regulations listed in the second column of the table. Regulation 5 provides for chief officers of police to be able to delegate the functions of the appropriate authority to a contractor manager in respect of a contractor.
Part 2 contains provision which sets out the broad basis on which the Commission has oversight of complaints and misconduct relating to contractors. This Part sets 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 makes provision in respect of the general duties of local policing bodies and others, payment for assistance (e.g. in a case where the police assists with an investigation), the provision of information to the Commission and requirements in relation to onward disclosure of such information and the inspection of a contractor’s 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 27). There are prescribed appeal rights in certain cases (regulation 28).
Part 4 contains provision about the handling of conduct matters. It imposes duties in relation to the identification and recording of conduct matters (regulations 29 to 31), preservation of evidence (regulation 32) and the cases in which conduct matters are referred to the Commission (regulations 33 and 34).
Part 5 contains provision about the handling of DSI matters. It imposes duties to record DSI matters and preserve evidence (regulations 35 and 36) and the reference of DSI matters to the Commission and its corresponding duties on a referral to it (regulations 37 and 38).
Part 6 contains provision governing the basis on which the Commission determines the form of an investigation in a matter referred to it (regulation 39), ranging from investigations carried out by the appropriate authority on its own behalf (regulation 42) or supervised or managed by the Commission (regulations 43 or 44) to investigations carried out by the Commission itself (regulation 45). There is also provision governing the appointment of investigators (regulation 40) and 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 41 and 50 to 53)). Provision is also made for the Commission to require information to be provided through service of an information notice (regulations 46 to 49).
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 54 to 58), the Commission’s powers to interview witnesses (regulation 59), restrictions on certain proceedings during an investigation (regulation 60) and an accelerated procedure in cases where gross misconduct is identified during an investigation into a complaint or conduct matter (regulations 61 to 68). This Part also contains provision governing the discontinuance of an investigation (regulations 69 and 70) and the procedure in cases where a conduct matter is revealed during an investigation into a DSI matter (regulation 71).
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 72 to 78). Regulation 79 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 80). Regulations 81 and 82 make provision for the Commission’s power to make recommendation in certain cases and the corresponding duties on person to whom such recommendations are made.
Part 8 contains provision about a number of general matters including appeal processes and which person may hear an appeal (regulations 90 and 91).
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 12(8) and (9) was inserted by section 135 of the Anti-social Behaviour, Crime and Police Act 2014 (c. 12).
[^f00002]: 1996 c. 16. Section 63(3)(b) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime and Policing Act 2005; there have been further amendments to section 63 that are not relevant for these purposes.
[^f00003]: 1984 c. 60.
[^f00004]: 2014 c. 12.
[^f00005]: S.I. 2012/1204 as amended by S.I. 2014/2406.
[^f00006]: S.I. 2013/281.
[^f00007]: 1971 c. 80.
[^f00008]: Section 66 was amended by section 57(1) and (4) of the Criminal Justice and Court Services Act 2000 (c. 43). There are other amendments which are not relevant to the provision made by these Regulations.
[^f00009]: 1980 c. 43.
[^f00010]: 1992 c. 52.
[^f00012]: 1998 c. 42.
[^f00015]: 1996 c. 16.
[^f00016]: 1992 c. 52.
[^f00017]: 1996 c. 18.
[^f00018]: 1984 c. 60.
[^f00020]: 2006 c. 52.
[^f00022]: 1998 c. 42.
Local resolution of complaints
Appeals relating to complaints dealt with other than by investigation
Other investigations: action by appropriate authority
Special cases: recommendation or direction of Director General
Power to discontinue an investigation
Procedure where conduct matter is revealed during investigation of DSI matter
Editorial notes
[^key-6a4d90365e961a5645692f7f05991adf]: Reg. 1 in force at 8.4.2015, see reg. 1
[^key-2c3c5b494131f43b8e2ca3e3b5d2cd39]: Reg. 3 in force at 8.4.2015, see reg. 1
[^key-ad00a059fb045a2acc4fcd14fa302a4e]: Reg. 4 in force at 8.4.2015, see reg. 1
[^key-c41f2aa851ea8970de4da163aea2033e]: Reg. 2 in force at 8.4.2015, see reg. 1
[^key-42457386a08ba60f92bc70224095ebf9]: Reg. 6 in force at 8.4.2015, see reg. 1
[^key-8b4ec48073d856c534fead67a39d0f3c]: Reg. 7 in force at 8.4.2015, see reg. 1
[^key-2d756e344f8b3c62d65cefc9c99b6533]: Reg. 9 in force at 8.4.2015, see reg. 1
[^key-40d1a026b786b48fe7d6b3dc5a504733]: Reg. 10 in force at 8.4.2015, see reg. 1
[^key-d479feae39088bb161358398cb4bdeda]: Reg. 12 in force at 8.4.2015, see reg. 1
[^key-87948ba97453095a45b7f6e72dd9ab39]: Reg. 13 in force at 8.4.2015, see reg. 1
[^key-fa723a8c51d662f4c8fd47adcbe398a9]: Reg. 16 in force at 8.4.2015, see reg. 1
[^key-e779d8bb2c714edb3a459547ff3ad47a]: Reg. 22 in force at 8.4.2015, see reg. 1
[^key-5d728ecc23bbb1bdfb9c5d6f21ab68dd]: Reg. 30 in force at 8.4.2015, see reg. 1
[^key-41c74c2500671a07b75c88eb8123135c]: Reg. 33 in force at 8.4.2015, see reg. 1
[^key-acbbec951a465e1d324d778f4fc38988]: Reg. 81 in force at 8.4.2015, see reg. 1
[^key-26c612f1399c6a81de36285667ede3c6]: Reg. 45 in force at 8.4.2015, see reg. 1
[^key-8aa6729850ae2b1fe621a878e6a74d2e]: Reg. 50 in force at 8.4.2015, see reg. 1
[^key-656a7a64225d7ab28f88e358ea56de96]: Reg. 53 in force at 8.4.2015, see reg. 1
[^key-54760a1c7934c2a473037b3c3bde219b]: Reg. 54 in force at 8.4.2015, see reg. 1
[^key-61d336871b26d5c5259e5c52e7cbaf2d]: Reg. 55 in force at 8.4.2015, see reg. 1
[^key-5fc876ff8060aaf6998615523aaa1fcf]: Reg. 56 in force at 8.4.2015, see reg. 1
[^key-d82177cbfd7ef7876939ee0633d2c598]: Reg. 59 in force at 8.4.2015, see reg. 1
[^key-3fb9e3a53bf41bb6e709714fa087fbae]: Reg. 60 in force at 8.4.2015, see reg. 1
[^key-48426a17d06301c098c62d44c70d6c21]: Reg. 61 in force at 8.4.2015, see reg. 1
[^key-3d7351ecc0f21b8bb8e2377d45d568e4]: Reg. 69 in force at 8.4.2015, see reg. 1
[^key-d03d6fd38897d2a3ee3b43d1dc798d87]: Reg. 70 in force at 8.4.2015, see reg. 1
[^key-8a8bdfc421ed285ce2c28d4703484903]: Reg. 71 in force at 8.4.2015, see reg. 1
[^key-adbfd8887306fc26621013eb676579c3]: Reg. 72 in force at 8.4.2015, see reg. 1
[^key-b8803c237ba8f955962e3586a4a57d40]: Reg. 73 in force at 8.4.2015, see reg. 1
[^key-5947c037b39c8686d8cf03f3b7df0b99]: Reg. 75 in force at 8.4.2015, see reg. 1
[^key-d416cc976d708129f65610319884bfb8]: Reg. 46 in force at 8.4.2015, see reg. 1
[^key-5fa60309299ef4639e5c79a4c5881ada]: Reg. 49 in force at 8.4.2015, see reg. 1
[^key-bb6eb89bdb2424803c9a9a7e74cae613]: Reg. 5 in force at 8.4.2015, see reg. 1
[^key-4b79f16e59c9650fc222934e1dfebd67]: Reg. 8 in force at 8.4.2015, see reg. 1
[^key-b4eab75c80921199ef605eb79a2a1157]: Reg. 11 in force at 8.4.2015, see reg. 1
[^key-dd34605edc4ce519cd9e533a0d4c4aa6]: Reg. 14 in force at 8.4.2015, see reg. 1
[^key-9fcb673d6e6719cd52e0d7e9dc3456e2]: Reg. 15 in force at 8.4.2015, see reg. 1
[^key-dbf4aa5b0c3918b99080bd11a2ffc37e]: Reg. 17 in force at 8.4.2015, see reg. 1
[^key-195ef3e1e013f2bf669feda0aa507bea]: Reg. 18 in force at 8.4.2015, see reg. 1
[^key-9e680a05f1636a62a5e06e9b3bdb42fd]: Reg. 19 in force at 8.4.2015, see reg. 1
[^key-bbe64cf97bb9465708f3475f1a5ce6da]: Reg. 20 in force at 8.4.2015, see reg. 1
[^key-6c82cee318f0f8ad5da320fb49bc70f4]: Reg. 21 in force at 8.4.2015, see reg. 1
[^key-627dadbc4c4c5b19457967dcabceb789]: Reg. 23 in force at 8.4.2015, see reg. 1
[^key-4b48e51516d92fd6a57736a430f1624f]: Reg. 24 in force at 8.4.2015, see reg. 1
[^key-f7f2924f17ed466eb7c581c40f7bad13]: Reg. 25 in force at 8.4.2015, see reg. 1
[^key-9b2cac0e48c9188051345e80fb3aa8e8]: Reg. 26 in force at 8.4.2015, see reg. 1
[^key-a9daa3c63274b83d2749d3f0e17f3e7a]: Reg. 27 in force at 8.4.2015, see reg. 1
[^key-b25ea6fcb4e6d16bdaf1eed8b4f1b580]: Reg. 28 in force at 8.4.2015, see reg. 1
[^key-590bffe3f35dce7548dc4fa2f26b2c6e]: Reg. 29 in force at 8.4.2015, see reg. 1
[^key-7478c963f1af74746dc26177bdeea6d0]: Reg. 31 in force at 8.4.2015, see reg. 1
[^key-14b124852911739a1068a1716aea55fd]: Reg. 32 in force at 8.4.2015, see reg. 1
[^key-b604d4f6042b35da2d8b9eed31564d69]: Reg. 34 in force at 8.4.2015, see reg. 1
[^key-630fcee5d3d3a3deec78abfc4ee950f5]: Reg. 35 in force at 8.4.2015, see reg. 1
[^key-f3801a3026af8c9ec41d05435892a85e]: Reg. 36 in force at 8.4.2015, see reg. 1
[^key-6dad03eee4b4d5363d70e451124cdb53]: Reg. 37 in force at 8.4.2015, see reg. 1
[^key-4848f332caa70fc766a59a9634fdcb8d]: Reg. 38 in force at 8.4.2015, see reg. 1
[^key-d4d216c03576a1386280e93a2e90546f]: Reg. 39 in force at 8.4.2015, see reg. 1
[^key-788539619aecae7763d5043b3084c72b]: Reg. 40 in force at 8.4.2015, see reg. 1
[^key-cf68a4d1f4620eedf1d879bf6fb18fd8]: Reg. 41 in force at 8.4.2015, see reg. 1
[^key-809b7160b82440b81974c9abf1aac595]: Reg. 42 in force at 8.4.2015, see reg. 1
[^key-62c533744837f63906e2f22452718062]: Reg. 43 in force at 8.4.2015, see reg. 1
[^key-dbeace56c4e0f5fbaea8eceb9fcc98a4]: Reg. 44 in force at 8.4.2015, see reg. 1
[^key-999364a6d1a1ea9e01efd2e97c08f384]: Reg. 47 in force at 8.4.2015, see reg. 1
[^key-2969ea3cf643172c3edd05833e9c77fc]: Reg. 48 in force at 8.4.2015, see reg. 1
[^key-a451a613f2444ac581e69e16a2f119f4]: Reg. 51 in force at 8.4.2015, see reg. 1
[^key-9ba9ccf2769de9478883b47b989b734f]: Reg. 52 in force at 8.4.2015, see reg. 1
[^key-1f1930d05f3ad7d817e9b7029ca3ebb5]: Reg. 57 in force at 8.4.2015, see reg. 1
[^key-579a8fb5ec119c34764f43ea958be3a5]: Reg. 58 in force at 8.4.2015, see reg. 1
[^key-03f18b5c262b71613b8f633b74785b3e]: Reg. 62 in force at 8.4.2015, see reg. 1
[^key-a228d7cf55d45935edfa58aa0637652f]: Reg. 63 in force at 8.4.2015, see reg. 1
[^key-e25ac947f96ad8dda71684477dfafdb7]: Reg. 64 in force at 8.4.2015, see reg. 1
[^key-2b651e6f0d9e5d5e53f7f5fd8bf2c3e6]: Reg. 65 in force at 8.4.2015, see reg. 1
[^key-9200c69270def4020a219dd6cbb2a785]: Reg. 66 in force at 8.4.2015, see reg. 1
[^key-af7f2841142c9ef373a6169bf9bb393b]: Reg. 67 in force at 8.4.2015, see reg. 1
[^key-4eb393be6b85defc272eb40afbfb9e50]: Reg. 68 in force at 8.4.2015, see reg. 1
[^key-5acfce73b8eede239ded7445049ca9fc]: Reg. 74 in force at 8.4.2015, see reg. 1
[^key-f019483e252541b1ed66a15d7e6959be]: Reg. 76 in force at 8.4.2015, see reg. 1
[^key-8360b10f03701490235871176312bb53]: Reg. 77 in force at 8.4.2015, see reg. 1
[^key-e7ec58e6c0aed2e153e3e1ed8391a4c8]: Reg. 78 in force at 8.4.2015, see reg. 1
[^key-ce4a0e198d7191ccc6e0078872c9dd67]: Reg. 79 in force at 8.4.2015, see reg. 1
[^key-54dfea6c95ce26bd5dcc80e783621e64]: Reg. 80 in force at 8.4.2015, see reg. 1
[^key-a5044a005d3a16854f6f9c157a2451f6]: Reg. 82 in force at 8.4.2015, see reg. 1
[^key-10173f4d5333d5504fc8a4ac4313e8c9]: Reg. 83 in force at 8.4.2015, see reg. 1
[^key-81c144d263261919f99dba3018b7689d]: Reg. 84 in force at 8.4.2015, see reg. 1
[^key-fb06ae2483248b7781f27e3eb75092a9]: Reg. 85 in force at 8.4.2015, see reg. 1
[^key-031eebfce6a0f199d12098ee89a0e1c0]: Reg. 86 in force at 8.4.2015, see reg. 1
[^key-cce870d4ae070636f1817c3f6cdf3b59]: Reg. 87 in force at 8.4.2015, see reg. 1
[^key-237850967927bf220fdf4b733047fb98]: Reg. 88 in force at 8.4.2015, see reg. 1
[^key-1c7ee76a54d6613e0a589ed5a87e8c75]: Reg. 89 in force at 8.4.2015, see reg. 1
[^key-964e9a946688f976ff002a4697fad181]: Reg. 90 in force at 8.4.2015, see reg. 1
[^key-e6d5b804c15e40fa7de2d891e7095be0]: Reg. 91 in force at 8.4.2015, see reg. 1
[^key-c7a76f39c0ea1b7041c357ecbfef0bc0]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(b) (with regs. 33(3), 37)
[^key-b3450d08578a63aaa2beddf2a3a51028]: Words in Regulations substituted (except in reg. 1) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(a) (with regs. 33(3), 37)
[^key-cdd3092bb6a69eb962c52d6d1d949cc6]: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(d) (with regs. 33(3), 37)
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