LegalizeThe Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017
Made: 22nd November 2017
Laid before Parliament: 24th November 2017
Coming into force: 15th December 2017
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 1 — General
Citation, commencement and interpretation
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional and saving provisions
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2 — Amendment of the Conduct Regulations
Amendment of the Conduct Regulations
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 3 (interpretation and delegation)
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 5 (application)
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omission of regulation 10A (appropriate authority consent to notice of intention to resign or retire)
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 15 (written notices)
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 29 (participation of Commission and investigator at misconduct proceedings)
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 35 (outcome of misconduct proceedings)
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 55 (outcome of special case hearing)
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New Schedule
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 — Amendment of the 2012 Rules
Amendment of the 2012 Rules
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 3 (interpretation)
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New rule 5A
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 6 (notice of appeal)
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 7 (notice of appeal)
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 8 (the respondent)
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 9 (procedure on notice of appeal)
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 14 (notice of the hearing)
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 15 (legal and other representation)
20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 18 (attendance at hearing)
21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 19 (attendance of complainant at hearing)
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 20 (attendance of IPCC at hearing)
23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 21 (exclusion from hearing)
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of rule 22 (statement of tribunal’s determination)
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4 — Amendment of the Complaints and Misconduct Regulations
Amendment of the Complaints and Misconduct Regulations
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 1 (citation, commencement and interpretation)
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 16 (written notices)
28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 17 (police friend)
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 24 (appointment of persons to carry out investigations)
30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Substitution of regulation 27 (complaints or conduct matters concerning a person who has subsequently ceased to serve with the police)
31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 36 (disciplinary proceedings for police staff)
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
New Schedule
33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1 — Modifications to the Conduct Regulations
SCHEDULE 2 — Modifications to Part 2 of the 2002 Act and to the Complaints and Misconduct Regulations
Signed
Nick Hurd — Minister of State — Home Office — 22nd November 2017
Explanatory note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Footnotes
[^f00001]: 1996 c. 16; subsection (3) of section 50 was substituted by paragraphs 1 and 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) (“the 2008 Act”); subsections (3A) to (3G) of section 50 and subsections (2B) to (2H) of section 51 were inserted by section 29(1) to (3) of the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”); subsection (2)(ba) of section 51 was inserted by section 35 of the Police Reform Act 2002 ( c. 30) and amended by paragraphs (1) and (2) of Schedule 22 to the 2008 Act; subsection (2A) of section 51 was inserted by paragraphs 1 and 4 of Schedule 22 to the 2008 Act; section 84 was substituted by paragraphs 1 and 7 of Schedule 22 to the 2008 Act and amended by paragraphs 1 and 40 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 ( c. 13) and section 29(1) and (4) of the 2017 Act; section 85 was substituted by paragraphs 1 and 8 of Schedule 22 to the 2008 Act and amended by section 29(1) and (5) of the 2017 Act.
[^f00002]: 2002 c. 30; section 23(2) was amended by paragraphs 1 and 2 of Schedule 23 to the Criminal Justice and Immigration Act 2008; there are other amendments to section 23(2), and amendments to section 29(1), but none are relevant.
[^f00003]: 2017 c. 3.
[^f00004]: Section 63(3) was amended by paragraphs 1 and 6 of Schedule 22 to the Criminal Justice and Immigration Act 2008 and section 10(3)(b) of the Policing and Crime Act 2009 ( c. 26); there are other amendments but none are relevant.
[^f00005]: Section 24 was amended by paragraph 12 of Schedule 4 to the Police and Justice Act 2006 ( c. 48), paragraphs 277 and 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and paragraphs 6 and 7(e) of Schedule 14 to the Policing and Crime Act 2017.
[^f00006]: S.I. 2012/2630.
[^f00007]: S.I. 2012/2632.
[^f00008]: S.I. 2012/1204.
[^f00009]: 2011 c. 13.
[^f00010]: 2 & 3 Vict. c. xciv.
[^f00011]: Regulation 3(1) has been amended but the amendments are not relevant to these Regulations.
[^f00012]: Section 88A was inserted by section 30(1) of, and Schedule 8 to, the Policing and Crime Act 2017.
[^f00013]: Section 88B was inserted by section 30(1) of, and Schedule 8 to, the Policing and Crime Act 2017.
[^f00014]: See sections 50(3A) to (3G) and 51(2B) to (2H) of the Police Act 1996 as inserted by section 29(1) to (3) of the Policing and Crime Act 2017.
[^f00015]: Regulation 10A was inserted by regulation 2 of S.I. 2014/3347 and amended by regulations 2 and 4 of S.I. 2015/626.
[^f00016]: Paragraphs (12) to (14) of regulation 35 were inserted by regulations 2 and 11 of S.I. 2015/626.
[^f00017]: S.I. 2017/1135.
[^f00018]: Paragraphs (11) to (13) of regulation 55 were inserted by regulations 2 and 18 of S.I. 2015/626.
[^f00019]: Paragraphs (4) to (9) were inserted by rules 2 and 4 of S.I. 2015/625.
[^f00020]: Rule 18 was substituted by rules 2 and 5 of S.I. 2015/625.
[^f00021]: Paragraph (7) was inserted by rules 2 and 6(b) of S.I. 2015/625.
[^f00022]: Paragraph (4) was inserted by rules 2 and 7(b) of S.I. 2015/625.
[^f00023]: Paragraph (3) was inserted by rules 2 and 8 of S.I. 2015/625.
[^f00024]: Paragraphs (9) to (14) were inserted by rules 2 and 9(b) of S.I. 2015/625. There is another amendment of this rule but it is not relevant to these Regulations.
[^f00025]: 1996 c.16. Section 88G was inserted by section 30 of, and Schedule 8 to, the Policing and Crime Act 2017.
[^f00026]: Subsection (1A) was inserted by section 38(2) of the Policing and Crime Act 2017.
[^f00027]: Regulation 36 has been amended but the amendments are not relevant to these Regulations.
[^f00028]: 1996 c.16. Section 88C was inserted by section 30 of, and Schedule 8 to, the Policing and Crime Act 2017.
[^f00029]: S.I. 2017/1135.
[^f00030]: Paragraphs 19A to 19E of Schedule 3 were inserted by paragraphs 1, 3 and 5 of Schedule 23 to the Criminal Justice and Immigration Act 2008 ( c.4).
[^f00031]: Paragraph 20A of Schedule 3 was inserted by section 159 of, and paragraphs 1 and 3 of Schedule 11 to, the Serious Organised Crime and Police Act 2005 (c.15). Paragraph 20A(7)(c) was amended by paragraphs 1, 3 and 6(1) and (4)(b) of Schedule 23 to the Criminal Justice and Immigration Act 2008.
[^f00032]: Paragraph 20B of Schedule 3 was inserted by section 159 of, and paragraphs 1 and 3 of Schedule 11 to, the Serious Organised Crime and Police Act 2005. Paragraph 20B(3) was substituted for paragraph 20B(3) and (4) by paragraphs 1, 3 and 7(1) and (2) of Schedule 23 to the Criminal Justice and Immigration Act 2008.
[^f00033]: Paragraph 20C of Schedule 3 was inserted by section 159 of, and paragraphs 1 and 3 of Schedule 11 to, the Serious Organised Crime and Police Act 2005.
[^f00034]: Paragraph 20E of Schedule 3 was inserted by section 159 of, and paragraphs 1 and 3 of Schedule 11 to, the Serious Organised Crime and Police Act 2005. Paragraph 20E(3) was substituted for paragraph 20E(3) and (4) by paragraphs 1, 3 and 9(1) and (2) of Schedule 23 to the Criminal Justice and Immigration Act 2008.
[^f00035]: Paragraph 20F of Schedule 3 was inserted by section 159 of, and paragraphs 1 and 3 of Schedule 11 to, the Serious Organised Crime and Police Act 2005.
[^f00036]: Paragraph 20H of Schedule 3 was inserted by section 159 of, and paragraphs 1 and 3 of Schedule 11 to, the Serious Organised Crime and Police Act 2005.
[^f00037]: Paragraph 22 of Schedule 23 was substituted by section 160 of, and paragraphs 1, 11 and 21 of Schedule 12 to, the Serious Organised Crime and Police Act 2005. Sub-paragraphs (7) to (10) were inserted by paragraphs 1, 3 and 12(1) and (4) of Schedule 23 to the Criminal Justice and Immigration Act 2008.
[^f00038]: The heading of paragraph 23 of Schedule 3 was amended by section 160 of, and paragraphs 1, 11 and 22(1) of Schedule 12 to, the Serious Organised Crime and Police Act 2005 (“the 2005 Act”). Sub-paragraphs (6) and (7) were substituted by paragraphs 1, 3 and 13(1) and (5) of Schedule 23 to the Criminal Justice and Immigration Act 2008. Sub-paragraph (6)(a)(ia) was inserted by section 95 of, and paragraphs 1 and 14(1) and (2) of Schedule 14 to, the Police Reform and Social Responsibility Act 2011. Sub-paragraph (13) was inserted by section 160 of, and paragraphs 1, 11 and 22(3) of Schedule 12 to, the 2005 Act.
[^f00039]: The heading of paragraph 24 of Schedule 3 was amended by section 160 of, and paragraphs 1, 11 and 23(1) of Schedule 12 to, the Serious Organised Crime and Police Act 2005. Sub-paragraph (6) was substituted by paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to the Criminal Justice and Immigration Act 2008. Sub-paragraph (6)(a)(ia) was inserted by section 95 of, and paragraphs 1 and 14(1) and (3) of, Schedule 14 to the Police Reform and Social Responsibility Act 2011.
[^f00040]: The heading of paragraph 25 of Schedule 3 was amended by section 95 of, and paragraphs 1, 15 and 20(1) of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). Sub-paragraph (3)(za) was inserted by paragraphs 1, 3 and 17(1) and (3)(a) of Schedule 23 to the Criminal Justice and Immigration Act 2008 (“the 2008 Act”). Sub-paragraph (3)(zb) was inserted by section 95 of, and paragraphs 1, and 14(1) and (4)(b) of Schedule 14 to the 2011 Act. Sub-paragraph (5)(c) was substituted for sub-paragraph (3)(a) and (b), as originally enacted, by paragraphs 1, 3 and 17(1) and (3)(b) of Schedule 23 to the 2008 Act and amended by Part 8 of Schedule 28 to that Act. Paragraphs (c) and (d) of sub-paragraph (5) were substituted for sub-paragraph (5)(c), as originally enacted, by paragraphs 1, 3 and 17(1) and (4)(b) of Schedule 23 to the 2008 Act. Sub-paragraph (5)(c)(i) was amended by section 95 of, and paragraphs 1, 14(1) and (4)(c), 15 and 20(2) and (5) of Schedule 14 to the 2011 Act. Sub-paragraph (9) was amended by section 95 of, and paragraphs 1, 14(1) and (4)(d), 15 and 20(2) and (9)(a) and (b) of Schedule 14 to, the 2011 Act and by paragraphs 1, 3 and 17(1) and (5) of Schedule 23 to the 2008 Act.
[^f00041]: The heading of paragraph 27 of Schedule 3 was amended by section 181(1) of, and paragraph 95(1) and (9)(a) of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c.12). Sub-paragraph (3)(za) was inserted by paragraphs 1, 3 and 18(1) and (3)(a) of Schedule 23 to the Criminal Justice and Immigration Act 2008 (“the 2008 Act”). Sub-paragraph (3)(zb) was inserted by section 95 of, and paragraphs 1 and 14(1) and (5)(a) of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). Sub-paragraph (3)(a) was substituted by paragraphs 1, 3 and 18(1) and (3)(b) of Schedule 23 to the 2008 Act and amended by section 95 of, and paragraphs 1 and 14(1) and (5)(b) of Schedule 14 to, the 2011 Act. Sub-paragraph (3)(b) was amended by paragraphs 1, 3 and 18(1) and (3)(c) of Schedule 23 to the 2008 Act and by section 95 of, and paragraphs 1 and 14(1) and (5)(c) of Schedule 14 to, the 2011 Act.
[^f00042]: Paragraph 29 was inserted by paragraphs 1, 3 and 19 of Schedule 23 to the Criminal Justice and Immigration Act 2008.
Editorial notes
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.