The Police (Complaints and Misconduct) Regulations 2020

• (4) Where the complainant—

• (a) indicates a wish that the investigation is not started or resumed, or

• (b) does not reply to a letter under paragraph (2) within a period of 28 days starting with the day after the letter was sent by the Director General or appropriate authority in accordance with paragraph (2),

the Director General or appropriate authority (as the case may be) must determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.

• (5) Where the Director General or appropriate authority determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of the 2002 Act cease to apply to the complaint.

• (6) Where the Director General or appropriate authority determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of Part 2 of Schedule 3 (handling of conduct matters) apply to the matter.

• (7) Subject to paragraph (8), the Director General or appropriate authority (as the case may be) must notify the person complained against if paragraph (5) or (6) applies.

• (8) Nothing in paragraph (7) requires the Director General or appropriate authority to make a notification if the Director General or appropriate authority (as the case may be) believes that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.

Complaints and conduct matters relating to the conduct of a person who has ceased to be a person serving with the police

42

• (1) Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct and on or after 15th December 2017, the provisions of Part 2 of the 2002 Act and these Regulations apply—

• (a) as if the person were still serving in the position in which the person last served, and

• (b) with the modifications to Part 2 of the 2002 Act and to these Regulations set out in Schedule 2 to these Regulations.

• (2) Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct and before 15th December 2017, the provisions of Part 2 of the 2002 Act apply in relation to such a person as if they did not include any requirement to determine whether disciplinary proceedings or performance proceedings should be brought against a person whose conduct is the subject-matter of a report.

Complaints and conduct matters concerning a person whose identity is unascertained

43

• (1) Where a complaint or conduct matter relates to the conduct of a person whose identity—

• (a) is unascertained at the time at which the complaint is made or conduct matter is recorded, or

• (b) is not ascertained during, or subsequent to, the investigation of the complaint or conduct matter,

Part 2 of the 2002 Act and these Regulations apply in relation to such a person as if they did not include the requirements mentioned in paragraph (2).

• (2) The requirements are—

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

• (b) any requirement for the Director General or appropriate authority to determine whether a criminal offence may have been committed by a 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 the Director General or appropriate authority to determine whether disciplinary proceedings or performance proceedings should be brought against a person whose conduct is the subject-matter of a report.

• (3) Where the identity of a person mentioned in paragraph (1) is subsequently ascertained, the Director General and appropriate authority must, so far as possible, proceed in accordance with Part 2 of the 2002 Act and these Regulations, regardless of any previous action taken under that Part and these Regulations as modified by paragraph (1).

Records to be kept by local policing bodies and chief officers

44

Every local policing body and chief officer must keep records, in such form as the Director General determines, of—

• (a) every complaint that is recorded by it or the chief officer under paragraph 2(6A) or 4A(4) of Schedule 3 (duties to record complaints)[^f00079];

• (b) every complaint that is made to it or the chief officer which is–

• (i) not recorded under paragraph 2(6A) or 4A(4) of Schedule 3, and

• (ii) of a description determined by the Director General;

• (c) every purported complaint that is made to it or the chief officer which is of a description determined by the Director General;

• (d) every conduct matter recorded by it or the chief officer under paragraph 10(4), (4B) or (4C), 11(3A), (3C) or (3D) or 13A(4) of Schedule 3 (recording of conduct matters)[^f00080];

• (e) every DSI matter recorded by it or the chief officer under paragraph 14A(1) or 14CA(4) of Schedule 3 (duties to record DSI matters)[^f00081];

• (f) every exercise of a power or performance of a duty under Part 2 of the 2002 Act by it or the chief officer.

Register to be kept by the Director General

45

• (1) The Director General must maintain a register of all information provided to the Director General by a local policing body or chief officer under Part 2 of the 2002 Act.

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

• (a) learning lessons from the handling of complaints, conduct matters or DSI matters;

• (b) demonstrating the thoroughness and effectiveness of the handling of complaints or such matters;

• (c) raising public awareness of the complaints system, or

• (d) 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 the information is necessary for a purpose mentioned in regulation 35(3) (exceptions to duties to keep the complainant and interested person informed).

Delegation of exercise or performance of powers and duties by chief officers

46

• (1) Subject to the following provisions of this regulation, a chief officer may delegate the exercise or performance of all or any of the powers and duties conferred or imposed on the chief officer by or under Part 2 of the 2002 Act to—

• (a) in the case of a complaint or conduct matter concerning the conduct of a senior officer—

• (i) a senior officer, or

• (ii) a police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority;

• (b) in any other case—

• (i) a member of a police force of at least the rank of inspector, or

• (ii) a police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority.

• (2) Subject to paragraph (3), where a complaint is being handled by a chief officer—

• (a) in accordance with paragraph 6(2A) of Schedule 3 (duty of appropriate authority to handle complaints in a reasonable and proportionate manner)[^f00082] otherwise than by the chief officer making arrangements for the complaint to be investigated by the chief officer on the chief officer’s own behalf, or

• (b) otherwise than in accordance with Schedule 3,

the chief officer may delegate the exercise or performance of all or any of the powers and duties conferred or imposed on the chief officer by or under Part 2 of the 2002 Act to any person serving with the police.

• (3) A chief officer must not delegate the exercise or performance of any power or duty under this regulation to a person if to do so could reasonably give rise to a concern as to whether the person could act impartially.

Definition of “disciplinary proceedings” for the purposes of Part 2 of the 2002 Act in relation to police staff members and designated police volunteers

47

• (1) In relation to a person serving with the police who is not a member of a police force or a special constable, for the purposes of Part 2 of the 2002 Act “disciplinary proceedings” means[^f00083]—

• (a) any proceedings or management process during which the conduct (as opposed to the performance) of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against that person in relation to that conduct, and

• (b) for the purposes of the provisions mentioned in paragraph (2) only, any proceedings or management process during which the performance of such a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it.

• (2) The provisions are—

• (a) section 22(8) of the 2002 Act (guidance issued by the Director General);

• (b) the following provisions of Schedule 3—

• (i) paragraph 2(6B) (complaints which must be handled in accordance with Schedule 3)[^f00084];

• (ii) paragraph 6(2E) (handling of complaints other than by way of an investigation: admissibility of statements in proceedings)[^f00085];

• (iii) paragraph 6A(10) (reviews relating to complaints dealt with other than by investigation: references to outcome of a complaint)[^f00086];

• (iv) paragraph 19ZG(2) (retention of items by the Director General)[^f00087];

• (v) paragraph 19ZH(6) (restrictions on access to items retained by the Director General)[^f00088];

• (vi) paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation)[^f00089];

• (vii) paragraph 22(10) (purposes for which appropriate authority may request items from person investigating)[^f00090];

• (viii) paragraph 23(5A) (duties of Director General on receipt or completion of report on investigation)[^f00091];

• (ix) paragraph 24(6B) (duties of appropriate authority on receipt of report on investigation)[^f00092];

• (x) paragraph 25(4C), (4E) and (14) (reviews with respect to an investigation: powers of relevant review body and references to outcome of a complaint)[^f00093];

• (xi) paragraph 27(2) (duties of appropriate authority following memorandum under paragraph 24C)[^f00094].

Local policing body functions in relation to complaints: giving of section 13A notices

48

• (1) A local policing body may only give a section 13A notice—

• (a) where it has taken the steps mentioned in paragraphs (2), (3) and (4), and

• (b) after the end of the period of 28 days starting with the day on which the step mentioned in paragraph (4) is taken (or retaken, in a case where paragraph (6)(b) applies).

• (2) The first step is to consult, in such manner as the local policing body thinks appropriate, each of the following about the proposed section 13A notice—

• (a) the relevant chief officer;

• (b) all persons appearing to the local policing body to represent persons serving with the police who may be affected by the proposed section 13A notice.

• (3) The second step is to publish, in such manner as the local policing body thinks appropriate, its response to the representations made or views expressed in response to the consultation.

• (4) The third step is, having taken the steps mentioned in paragraphs (2) and (3), to notify the relevant chief officer—

• (a) that it intends to give a section 13A notice;

• (b) of the date on which it intends to give the notice, and

• (c) whether the notice will relate to the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3) of section 13A of the 2002 Act (local policing bodies: functions in relation to complaints)[^f00095].

• (5) Any steps taken by a local policing body before the day on which these Regulations come into force are to be taken into account for the purposes of paragraph (1) (and accordingly it does not matter for those purposes whether any of the period mentioned in paragraph (1)(b) falls before that day).

• (6) Where a local policing body, having taken the step mentioned in paragraph (4), decides—

• (a) not to give a section 13A notice, it must notify the relevant chief officer of that decision promptly;

• (b) to give a section 13A notice on a date other than that notified in accordance with paragraph (4) or relating to functions other than those notified in accordance with that paragraph, it must retake the step mentioned in that paragraph.

• (7) In this regulation and regulation 49 (local policing body functions in relation to complaints: withdrawal of section 13A notices), “relevant chief officer” means the chief officer of the police force that the local policing body concerned maintains.

Local policing body functions in relation to complaints: withdrawal of section 13A notices

49

• (1) A local policing body may only withdraw a section 13A notice—

• (a) where it has taken the steps mentioned in paragraphs (2), (3) and (4), and

• (b) after the end of the period of 28 days starting with the day on which the step mentioned in paragraph (4) is taken (or retaken, in a case where paragraph (5)(b) applies).

• (2) The first step is to consult, in such manner as the local policing body thinks appropriate, each of the following about the proposed withdrawal—

• (a) the relevant chief officer;

• (b) all persons appearing to the local policing body to represent persons serving with the police who may be affected by the proposed withdrawal.

• (3) The second step is to publish, in such manner as the local policing body thinks appropriate, its response to the representations made or views expressed in response to the consultation.

• (4) The third step is, having taken the steps mentioned in paragraphs (2) and (3), to notify the relevant chief officer—

• (a) that it intends to withdraw the section 13A notice, and

• (b) of the date on which it intends to withdraw the notice.

• (5) Where a local policing body, having taken the step mentioned in paragraph (4), decides—

• (a) not to withdraw the section 13A notice, it must notify the chief officer of that decision promptly;

• (b) to withdraw the section 13A notice on a date other than that notified in accordance with paragraph (4), it must retake the step mentioned in that paragraph.

Delegation of exercise or performance of powers and duties by local policing bodies

50

• (1) Subject to the following provisions of this regulation, a local policing body may delegate the exercise or performance of all or any of the powers and duties conferred or imposed on the local policing body by or under Part 2 of the 2002 Act (including powers and duties that are acquired by virtue of giving a section 13A notice) to any person.

• (2) A local policing body may not delegate any power or duty under paragraph (1) to—

• (a) a constable (whether or not in England and Wales);

• (b) another local policing body;

• (c) any other person or body which maintains a police force;

• (d) the Mayor of London;

• (e) a member of the staff of a person falling within any of sub-paragraphs (a) to (d), or

• (f) any person if to do so could reasonably give rise to a concern as to whether the person could act impartially.

• (3) But paragraph (2)(e) does not prevent a local policing body delegating the exercise or performance of a power or duty acquired by virtue of a section 13A notice to a person for so long as that person is under the direction and control of the local policing body.

Manner and time limit of notifications under these Regulations

51

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

• (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.

• (1A) Paragraph (1B) applies to—

• (a) a notice under regulation 17(1) and a copy of the terms, or revised terms, of reference of the investigation under regulation 17(2) or (3);

• (b) a notice under regulation 19(5)(b).

• (1B) Subject to paragraph (1C), a notice or document to which this paragraph applies must be—

• (a) given to the person concerned in person;

• (b) sent to the person concerned by e-mail or other means of electronic communication;

• (c) given to the person concerned in person by that person’s police friend, where the police friend has agreed with the appropriate authority to deliver the notice, or

• (d) given to the person concerned in any other manner agreed between the person investigating and the person concerned.

• (1C) Where it is not reasonably practicable to give or supply a written notice or document to the person concerned under paragraph (1B)(a) or (b) and there is no agreement under paragraph (1B)(c) or (d), the written notice or document must be—

• (a) left with a person at the person concerned’s last known address, or

• (b) sent to the person concerned’s last known address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”).

• (1D) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the person concerned—

• (a) if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or

• (b) in any other case, on the next working day after the day on which it was sent.

• (1E) Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the person concerned—

• (a) on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or

• (b) in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.

• (2) No time limit mentioned in these Regulations or determined by the Director General applies in any case where exceptional circumstances prevent that time limit being complied with.

Application of Part 2 of the 2002 Act etc. to old cases

52

• (1) Part 2 of the 2002 Act and any provision made under it (including these Regulations) apply to a matter in relation to which the Director General has made a section 28A direction with the following modifications—

• (a) the section 28A direction is to be treated as if it were a decision of the Director General to treat the matter as having been referred to the Director General under paragraph 4A(1), 13A(1) or 14CA(1) of Schedule 3 (power of the Director General to treat complaint, conduct matter and DSI matter as having been referred)[^f00096] and the appropriate authority must record the matter under paragraph 4A(4), 13A(4) or 14CA(4) of Schedule 3, and

• (b) any requirement for the Director General or appropriate authority to determine whether disciplinary proceedings or performance proceedings should be brought against a relevant person is to be treated as if it were omitted.

• (2) In this regulation—

• “relevant person” means a person— in respect of whose conduct the Director General has made a section 28A direction, and who has previously been the subject of relevant proceedings in connection with that conduct;

• “relevant proceedings” means any proceedings or management process during which— the conduct of a person is considered in order to determine whether a sanction or punitive measure is to be imposed against that person in relation to that conduct; the performance of a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it.

Amendment of policing protocol

53

• (1) The policing protocol set out as a Schedule to the Policing Protocol Order 2011[^f00097] is amended as follows.

• (2) For paragraph 17(n) (police and crime commissioners etc: responsibilities in relation to complaints) substitute—

(n) monitor all complaints against the force, its officers and staff, have responsibility for complaints against the Chief Constable and exercise other functions in relation to complaints under Part 2 of the Police Reform Act 2002 (including functions acquired in accordance with any notice given by the PCC to the Chief Constable under section 13A of that Act).

• (3) In paragraph 23(k) (chief constables: responsibilities in relation to complaints), after “Chief Constable” for “, and” substitute “and subject to any notice given to the Chief Constable by the PCC under section 13A of the Police Reform Act 2002,”.

• (4) Paragraph 38 (ability of the Director General to issue guidance on the meaning of “direction and control”) is omitted.

Amendment of the Police (Complaints and Conduct) Regulations 2013

54

• (1) The Police (Complaints and Conduct) Regulations 2013[^f00098] are amended as follows.

• (2) In regulation 1 (citation, commencement, interpretation and extent), the definition of “relevant indication” is omitted.

• (3) For regulation 2(11) (interviews of witnesses during investigation) substitute—

(11) Nothing in this regulation shall apply, in the case of an investigation to which paragraph 19A of Schedule 3 to the 2002 Act (special procedure where investigation relates to police officer or special constable) applies, to an interview of a serving officer who is the person concerned in relation to the investigation (within the meaning of that paragraph).

Amendment of the Public Interest Disclosure (Prescribed Persons) Order 2014

55

• (1) The Public Interest Disclosure (Prescribed Persons) Order 2014[^f00099] is amended as follows.

• (2) In the first column of the Schedule, for “Independent Police Complaints Commission” substitute “The Director General of the Independent Office for Police Conduct”.

• (3) In the second column of the Schedule, for “Independent Police Complaints Commission” substitute “Director General of the Independent Office for Police Conduct”.

SCHEDULE 1 — Provisions of the 2002 Act conferring powers under which these Regulations are made

Provision of the 2002 Act	Relevant amendments
Section 13A(6) and (7)	Inserted by section 13 of the Policing and Crime Act 2017 (“the 2017 Act”)
Section 13B(12)	Inserted by section 18 of, and amended by paragraphs 15 and 20 of Schedule 9 to, the 2017 Act
Section 20(4)(d), (5) and (8)	Subsection (4) was substituted by section 15(1) and (3) of the 2017 Act; subsection (5) was amended by paragraphs 15 and 26 of Schedule 9 to that Act; subsection (8) was amended by paragraphs 277 and 286 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”) and paragraphs 15 and 26 of Schedule 9 to the 2017 Act
Section 21(9)(c), (10), (11) and (12)	Subsection (9) was substituted by section 15(1) and (7) of the 2017 Act; subsection (10) was amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act (“the 2005 Act”) and paragraphs 15 and 27 of Schedule 9 to the 2017 Act
Section 23(1) and (2)	Subsection (2) was amended by paragraphs 1 and 9 of Schedule 12 to the 2005 Act, paragraphs 1 and 2 of Schedule 23 to the Criminal Justice and Immigration Act 2008, paragraphs 277 and 288 of Schedule 16 to the 2011 Act and section 23(1) of, and paragraphs 1 and 5 of Schedule 4, paragraph 47 of Schedule 5 and paragraphs 15 and 31 of Schedule 9 to, the 2017 Act
Section 28A(10)	Inserted by section 2(1) and (2) of the Police (Complaints and Conduct) Act 2012 and amended by paragraphs 15 and 39 of Schedule 9 to the 2017 Act
Section 29(1)[^f00100]
Section 105(4) and (5)	Subsection (5) was amended by paragraphs 15 and 54 of Schedule 9 to the 2017 Act
Paragraph 4(1)(b) and (4) of Schedule 3	Paragraph 4(4) was amended by paragraphs 15 and 56 of Schedule 9 to the 2017 Act
Paragraph 5(1A) to (1C) of Schedule 3	Inserted by paragraphs 9 and 10 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 6(2D) of Schedule 3	Inserted by paragraphs 5 and 6 of Schedule 5 to the 2017 Act
Paragraph 6A(7) of Schedule 3	Inserted by paragraphs 29 and 31 of Schedule 5 to the 2017 Act
Paragraph 10(4A) of Schedule 3	Substituted by paragraphs 1 and 11 of Schedule 14 to the 2011 Act
Paragraph 11(2)(c) and (3B) of Schedule 3	Paragraph 11(3B) was substituted by paragraphs 1 and 12 of Schedule 14 to the 2011 Act
Paragraph 13(1)(b) and (4) of Schedule 3	Paragraph 13(4) was amended by paragraphs 15 and 56 of Schedule 9 to the 2017 Act
Paragraph 14(1A) and (1C) of Schedule 3	Inserted by paragraphs 9 and 13 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 14C(2) of Schedule 3	Inserted by paragraphs 1, 11 and 12 of Schedule 12 to the 2005 Act
Paragraph 14D(1A) and (1C) of Schedule 3	Inserted by paragraphs 9 and 14 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 15(10) and (11) of Schedule 3	Inserted by paragraphs 9 and 15 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 19A(5) and (6) of Schedule 3	Substituted by paragraphs 9 and 21 of Schedule 5 to the 2017 Act
Paragraph 19F(2) and (3) of Schedule 3	Inserted by section 1(1) and (2) of the Police (Complaints and Conduct) Act 2012 and amended by paragraphs 9 and 22 of Schedule 5 to the 2017 Act
Paragraph 20A(3) and (4)(a) and (b) of Schedule 3	Substituted by paragraphs 9 and 23 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 22(7) of Schedule 3	Inserted by paragraphs 1, 3 and 12 of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraph 47 of Schedule 5 to the 2017 Act
Paragraph 25(4H) and (13) of Schedule 3	Paragraph 25(4H) was inserted by paragraphs 29 and 34 of Schedule 5 to the 2017 Act; paragraph 25(13) was amended by paragraphs 29 and 34 of Schedule 5 to the 2017 Act
Paragraph 26(5B) and (5C) of Schedule 3	Substituted by paragraphs 29 and 37 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 28ZA(1), (4) and (5)(a) and (c) of Schedule 3	Inserted by paragraph 45 of Schedule 5, and amended by paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 28A(4) of Schedule 3	Inserted by section 139 of the Anti-social Behaviour, Crime and Policing Act 2014 and amended by paragraph 47 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the 2017 Act
Paragraph 30(1)(a) of Schedule 3	Inserted by paragraphs 1, 15 and 22 of Schedule 14 to the 2011 Act and amended by paragraphs 29 and 39 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the 2017 Act

SCHEDULE 2 — Modifications to Part 2 of the 2002 Act and to these Regulations

PART 1 — Modifications to Part 2 of the 2002 Act

Modification to section 29 (interpretation of Part 2)

1

Section 29(1)[^f00101] is to be read as if, in the definition of “disciplinary proceedings”, for “50 or 51” there were substituted “50(3A) to (3G) or 51(2B) to (2H)”.

Modifications to Part 3 of Schedule 3 (investigations and subsequent proceedings)

2

• (1) Part 3 of Schedule 3 is modified as follows.

• (2) Paragraph 20A (accelerated procedure in special cases)[^f00102] is to be read as if—

• (a) in sub-paragraph (1), at the beginning there were inserted “Except in the case of a Condition C person,”, and

• (b) in sub-paragraph (2)(b), for the words from “to cease” to the end there were substituted “to be included in the list referred to in section 88B(2) of the Police Act 1996 (police barred list) without delay.”.

• (3) Paragraph 22(10)(a) (purposes for which appropriate authority may request items from person investigating)[^f00103] is to be read as if for “50(3) or 51(2A)” there were substituted “50 or 51”.

• (4) Paragraph 23(5A) (action by the Director General in relation to an investigation report)[^f00104] is to be read as if—

• (a) in paragraph (a)(i)—

• (i) for “person” there were substituted “member of a police force or special constable”, and

• (ii) “misconduct or”, in the first place it appears, were omitted;

• (b) for paragraph (a)(ii) there were substituted—

(ii) whether, if there is no such case to answer, there nevertheless may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable,

• (c) in paragraph (b)—

• (i) at the beginning, there were inserted “except in the case of a Condition C person,”, and

• (ii) in sub-paragraph (ii)—

• (aa) for “person” there were substituted “member of a police force or special constable”, and

• (bb) “and, if so, what form the disciplinary proceedings should take” were omitted;

• (d) after paragraph (b) there were inserted—

(ba) in the case of a Condition C person— (i) having considered the views (if any) of the appropriate authority, make a determination as to the matters described in paragraph (a)(i) and (ii), and (ii) where the Director General has determined that the person has a case to answer in respect of gross misconduct, make a Condition C special determination in respect of that person,

• (e) in paragraph (c), after “paragraph (b)” there were inserted “or (ba), as the case may be,”;

• (f) in paragraphs (d) and (f), after “paragraph (b)” there were inserted “or determinations under paragraph (ba), as the case may be,”, and

• (g) in paragraph (e) —

• (i) “of a form specified in the determination” were omitted, and

• (ii) for “person” there were substituted “member of a police force or special constable or, in the case of a Condition C person, that the taking of such proceedings would be reasonable and proportionate”.

• (5) Paragraph 24(6) (action by the appropriate authority in response to an investigation report) is to be read as if—

• (a) in paragraph (a)—

• (i) at the beginning, there were inserted “except in the case of a Condition C person,”;

• (ii) in sub-paragraph (i), “misconduct or”, in the first place it appears, were omitted, and

• (iii) for sub-paragraph (ia), there were substituted—

(ia) where the appropriate authority determines that there is no such case to answer, whether there nevertheless may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable,

• (b) after paragraph (a), there were inserted—

(aza) in the case of a Condition C person, determine— (i) whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable, and (ii) where the appropriate authority determines that there may have been such a breach, whether the breach is so serious that, had the person not ceased to be a member of a police force or a special constable, it would have justified dismissal,

, and

• (c) in paragraph (aa), after “paragraph (a)” there were inserted “or (aza), as the case may be,”.

• (6) Paragraph 25 (reviews with respect to an investigation) is to be read as if—

• (a) in each of sub-paragraphs (4C)(c) and (4E)(c)—

• (i) after “police”, there were inserted “other than a Condition C person”;

• (ii) “misconduct or”, in the first place it appears, were omitted;

• (iii) sub-paragraph (ii) were omitted;

• (iv) in sub-paragraph (iii), “of the form specified in the recommendation” were omitted, and

• (v) in each of sub-paragraphs (iii) and (iv), “, efficiency or effectiveness” were omitted, and

• (b) after each of sub-paragraphs (4C)(c) and (4E)(c) there were inserted—

(ca) in the case of a Condition C person, make a determination (in place of the determination of the appropriate authority) as to— (i) whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable, and (ii) if so, whether the breach is so serious that, had the person not ceased to be a member of a police force or a special constable, it would have justified dismissal;

• (7) Paragraph 29 (minor definitions)[^f00105] is to be read as if in the appropriate places there were inserted—

• “Condition C person” means a person in relation to whom regulation 4(2)(a) and (5)(a) and (b) of the Police (Conduct) Regulations 2020 is satisfied;

, and

• “Condition C special determination” means a determination in accordance with Part 1A of the Police (Conduct) Regulations 2020 as to whether the taking of disciplinary proceedings against a Condition C person in respect of alleged gross misconduct would be reasonable and proportionate having regard to— the seriousness of the alleged gross misconduct; the impact of the allegation on public confidence in the police, and the public interest;

PART 2 — Modifications to these Regulations

Modification to regulation 1 (citation, commencement, interpretation and application)

3

Regulation 1(2) is to be read as if—

• (a) in the appropriate places there were inserted—

• “Condition C person” means a person in relation to whom regulation 4(2)(a) and (5)(a) and (b) of the Conduct Regulations is satisfied;

• (b) the definition of “disciplinary action” were omitted;

• (c) in paragraph (a) of the definition of “disciplinary proceedings”, for “any proceedings” to the end there were substituted “any misconduct hearing or accelerated misconduct hearing under the Conduct Regulations,”, and

• (d) in the definition of “severity assessment”, for paragraphs (a) and (b) there were substituted “whether the conduct, if proved, would amount to gross misconduct;”.

Modification to regulation 16 (special procedure: severity assessment)

4

Regulation 16 is to be read as if—

• (a) in paragraph (1), for “22 (special procedure)” there were substituted “21A (special procedure: notice of enquiry)”, and

• (b) in paragraph (2)(a), for paragraphs (i) and (ii), there were substituted “whether the conduct of the person concerned, if proved, would amount to gross misconduct;”.

Modification to regulation 17 (special procedure: notification of severity assessment etc.)

5

Regulation 17(1) is to be read as if—

• (a) for sub-paragraph (d), there were substituted—

(d) that if the allegation of gross misconduct is proved, the person concerned may be subject to a finding that the person would have been dismissed if the person had not ceased to be a member of a police force or a special constable; (da) that if the person concerned is subject to such a finding, information including the person’s full name and a description of the conduct which would have led to the person’s dismissal will be added to the list referred to in section 88B(2) of the Police Act 1996 (police barred list) and may be subject to publication for a period of up to five years;

• (b) after sub-paragraph (g), “and” were omitted and there were inserted—

(ga) that it may harm the person’s case if the person fails to attend an interview of which the person has been given notice under regulation 21(6)(a) (special procedure: interview of the person concerned), and

, and

• (c) in sub-paragraph (h), after “20”, there were inserted “, regulation 21A (special procedure: notice of enquiry)”.

Modification to regulation 18 (special procedure: police friend)

6

Regulation 18(2) is to be read as if for sub-paragraph (d) there were substituted—

(d) any other person nominated by the person concerned and approved by the chief officer of the force in which the person is serving,

Modification to regulation 21 (special procedure: interview of the person concerned)

7

Regulation 21 is to be read as if—

• (a) in paragraph (1), at the beginning, there were inserted “Subject to regulation 21A (special procedure: notice of enquiry),”, and

• (b) in paragraph (5), for the words from “must” to the end there were substituted “must be reasonable.”.

Modification: insertion of regulation 21A

8

These Regulations are to be read as if after regulation 21 there were inserted—

(21A) (1) Where in the case of an investigation under— (a) paragraph 18 of Schedule 3 (investigations directed by the Director General), or (b) paragraph 19 of Schedule 3 (investigations by the Director General) other than by the Director General acting personally, the Director General indicates that, having regard to the circumstances of the person concerned, it would be unreasonable to require the person to attend an interview and that the person should be given a written notice of enquiry, the person investigating must cause the person to be given a written notice of enquiry. (2) Where in the case of an investigation under — (a) paragraph 18 of Schedule 3, or (b) paragraph 19 of Schedule 3 other than by the Director General acting personally, the person investigating forms the opinion that, having regard to the circumstances of the person concerned, it would be unreasonable to require the person to attend an interview, the person investigating must notify the Director General of that opinion. (3) Where in any other case the person investigating is satisfied that, having regard to the circumstances of the person concerned, it would be unreasonable to require the person to attend an interview, the person investigating may cause the person to be given a written notice of enquiry. (4) A notice of enquiry given under this regulation must— (a) state any question the person investigating or, in the case of an investigation under paragraph 18 of Schedule 3 or paragraph 19 of Schedule 3 other than by the Director General acting personally, the Director General, wishes to ask the person concerned, and (b) request a response to any such question from the person concerned within a specified period. (5) The person investigating must make a written record of any notice of enquiry and response received under this regulation.

Modification: omission of regulation 22 (special procedure: duty to provide information to appropriate authority)

9

These Regulations are to be read as if regulation 22 were omitted.

Modification to regulation 27 (report on investigation)

10

Regulation 27 is to be read as if—

• (a) in paragraph (1)(c), for “paragraph (3)(a), (b) and (e)” there were substituted “paragraph (3)(a) and (c) or (3A), as the case may be”, and

• (b) for paragraph (3) there were substituted—

(3) Other than in a case to which paragraph (3A) applies, the matters are— (a) whether any person to whose conduct the investigation related has a case to answer in respect of gross misconduct or has no case to answer; (b) whether or not disciplinary proceedings should be brought against any such person; (c) whether, if the opinion is that there is no such case to answer, there nevertheless may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable. (3A) Where the person to whose conduct the investigation related is a Condition C person and the investigation was carried out under paragraph 16 of Schedule 3 (investigations by the appropriate authority on its own behalf), the matters are— (a) whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable; (b) whether, if the opinion is that there may have been such a breach, the breach is so serious that, had the person not ceased to be a member of a police force or a special constable, it would have justified dismissal.

Modification to regulation 28 (provision of copy of report on investigation etc. to person to whose conduct the investigation related)

11

Regulation 28(1) is to be read as if—

• (a) in sub-paragraph (a), for the words from “neither” to the end there were substituted “a person to whose conduct the investigation related has no case to answer in respect of gross misconduct,”, and

• (b) in sub-paragraph (b), for the words from “it” to the end there were substituted “such a person has no case to answer in respect of gross misconduct,”.

Modification to regulation 30 (recommendation by the Director General or a local policing body)

12

Regulation 30(1) is to be read as if sub-paragraph (c) were omitted.

Signed

Kit Malthouse — Minister of State — Home Office — 2020-01-06

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision regarding the handling, including the investigation, of complaints about, and related matters concerning, the police. They revoke and replace the Police (Complaints and Misconduct) Regulations 2012 (S.I. 2012/1204) and various instruments which amend or modify those Regulations.This is in part to reflect changes to the provisions of the Police Reform Act 2002 (2002 c. 30) (“the 2002 Act”) concerning the handling of complaints, conduct matters and death and serious injury matters (“DSI matters”) made by Part 2 of the Policing and Crime Act 2017 (2017 c. 3).

Part 1 contains preliminary provisions, including interpretation provisions.

Part 2 makes provision concerning the initial handling of complaints, conduct matters and DSI matters. Regulation 3 requires a local policing body or chief officer when recording a complaint to provide the complainant with a copy of the record made of the complaint and the person complained against with a copy of the complaint (subject to specified exceptions).Regulations 4 and 5 specify the types of complaint which must be referred to the Director General of the Independent Office of Police Conduct (“the Director General”) and which must be investigated. Regulation 7 makes provision concerning the recording and reference of conduct matters.Regulations 8 and 10 require that conduct matters and DSI matters which relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis be investigated.

Part 3 makes provision concerning the investigation of complaints, conduct matters and DSI matters and subsequent proceedings.Regulation 12 prohibits certain people from being appointed to investigate complaints and matters.Regulation 13 requires the person or body in charge of an investigation to provide an update on the progress of an investigation which has been going on for longer than a year (and to provide further updates every six months thereafter). Regulation 14 allows for the combining and splitting of investigations and regulation 15 makes provision regarding the change in form of an investigation.Regulations 16 to 22 set out a special procedure for investigations to which paragraph 19A of Schedule 3 to the 2002 Act applies. This includes where it appears to the person investigating a complaint that there is an indication that the officer concerned may have committed a criminal offence or behaved in a way which would justify the bringing of disciplinary proceedings.The special procedure requires, subject to exceptions, that the person investigating give the officer concerned a notice detailing the alleged conduct and the officer’s rights (regulation 17) and consider any representations the officer makes (regulation 20).Regulations 24 to 26 set out an accelerated procedure for cases to which paragraph 20A of Schedule 3 to the 2002 Act applies. This is for cases where it may be in the public interest for the officer concerned to be dismissed without delay.Regulations 27 and 28 make provision concerning investigation reports. Regulations 29 and 32 concern reviews under paragraphs 6A and 25 of Schedule 3 to the 2002 Act; regulation 29 stipulating the time period in which an application for a review must be made, and what it must contain, and regulation 32 setting out the cases in which the Director General is to hear a review. Regulations 30 and 31 make provision regarding recommendations by local policing bodies and the Director General following reviews and investigations.

Part 4 makes provision regarding keeping the complainant and interested persons (within the meaning of section 21 of the 2002 Act) informed.Sections 20 and 21 of the 2002 Act impose duties on the Director General, chief officers and local policing bodies in this respect.Regulation 33 specifies the matters of which the complainant and interested persons must be kept informed. Regulation 34 specifies how the duties in sections 20 and 21 are to be discharged and regulation 35 sets out the exceptions to those duties.

Part 5 contains general provisions.Regulations 38 and 39 make provision regarding withdrawn complaints, including setting out when they must be treated as conduct matters. Regulations 40 and 41 deal with the suspension and resumption of proceedings under the 2002 Act and these Regulations. Regulations 42 (which introduces Schedule 2) and 43 provide for the application of the 2002 Act and these Regulations, with modifications, to cases where the complaint or conduct matter relates to the conduct of a person who is no longer serving with the police or whose identity is not known. Regulations 46 and 50 make provision regarding the delegation of the exercise and performance of powers and duties by chief officers and local policing bodies. Regulations 48 and 49 make provision concerning the giving and withdrawal of notices under section 13A of the 2002 Act by local policing bodies (which allows a local policing body to give notice that it will take on specified functions of the relevant chief officer in relation to complaints). Regulations 53 to 55 amend the Policing Protocol Order 2011 (S.I. 2011/2744), the Police (Complaints and Conduct) Regulations 2013 (S.I. 2013/281) and the Public Interest Disclosure (Prescribed Persons) Order 2014 (S.I. 2014/2418). These changes are consequential on the changes made to the 2002 Act by the Policing and Crime Act 2017.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: 2002 c. 30.

[^f00002]: In addition, paragraph 29 of Schedule 3 to the 2002 Act states that in Part 3 of that Schedule “prescribed” means prescribed by regulations made by the Secretary of State. Paragraph 29 was inserted by paragraphs 1, 3 and 19 of Schedule 23 to the Criminal Justice and Immigration Act 2008 (c. 4).

[^f00003]: 2017 c. 3.

[^f00004]: Section 24 was amended by paragraphs 277 and 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 15 and 32 of Schedule 9, and paragraphs 6 and 7 of Schedule 14, to the Policing and Crime Act 2017.

[^f00005]: Section 29(1) of the 2002 Act defines “the Office” and “the Director General”. The definitions were inserted by paragraphs 15 and 40(1) and (2) of Schedule 9 to the Policing and Crime Act 2017.

[^f00006]: Section 101(1) of the Police Act 1996 (c. 16) defines “police and crime commissioner”, “the Mayor’s Office for Policing and Crime”, “the Common Council” and “the National Police Chiefs’ Council”. The definitions were inserted by section 96(1) and (2) of the Police Reform and Social Responsibility Act 2011 and paragraph 1(1) and (3) of Schedule 14 to the Policing and Crime Act 2017.

[^f00007]: 1996 c. 16. Section 63(3) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by section 10(3)(b) of the Policing and Crime Act 2009 (c. 26); there are further amendments to section 63(3) but none is relevant.

[^f00008]: S.I. 2020/4.

[^f00009]: Section 38(1A) was substituted by section 38(1) and (2) of the Policing and Crime Act 2017.

[^f00010]: Section 21 was amended by paragraphs 1 and 7 of the Serious Organised Crime and Police Act 2005 and paragraphs 1 and 4 of Schedule 4, and paragraphs 15 and 27 of Schedule 9, to the Policing and Crime Act 2017; there are further amendments to section 21 but none is relevant.

[^f00011]: S.I. 2020/3.

[^f00012]: 1980 c. 43. Section 33 was amended by section 17 of, and Part II of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 2 of the Aggravated Vehicle-Taking Act 1992 (c. 11), paragraph 65 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and paragraphs 25 and 27 of Schedule 32 to the Criminal Justice Act 2003 (c. 44).

[^f00013]: Section 13A was inserted by section 13 of the Policing and Crime Act 2017.

[^f00014]: Section 28A was inserted by section 2(1) and (2) of the Police (Complaints and Conduct) Act 2012 (c. 22) and amended by paragraphs 15 and 39 of Schedule 9 to the Policing and Crime Act 2017.

[^f00015]: Paragraph 29 of Schedule 3 to the 2002 Act defines “misconduct” as a breach of the Standards of Professional Behaviour and “gross misconduct” as a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal.

[^f00016]: Paragraph 20A(2) was substituted by paragraphs 9 and 23 of Schedule 5 to the Policing and Crime Act 2017.

[^f00017]: 1971 c. 80.

[^f00018]: Section 13B was inserted by section 18(1) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 20 of Schedule 9 to that Act.

[^f00019]: Paragraph 26 was amended by paragraphs 29 and 37 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00020]: Paragraph 15 was amended by paragraphs 1, 11 and 13 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 9 and 15 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00021]: S.I. 2012/1204, amended by S.I. 2014/2406, 2015/431, 2017/575, 2017/1134 and 2017/1250.

[^f00022]: S.I. 2013/1778, amended by S.I. 2017/1250.

[^f00023]: S.I. 2014/2406.

[^f00024]: S.I. 2017/575.

[^f00025]: S.I. 2017/1134.

[^f00026]: S.I. 2013/2325, amended by S.I. 2017/1250.

[^f00027]: S.I. 2015/431, amended by S.I. 2017/1250 and 2018/682.

[^f00028]: Paragraph 2(6A) was inserted by paragraphs 1 and 2 of Schedule 5 to the Policing and Crime Act 2017; paragraph 4A(4) was inserted by section 17(1) and (3) of that Act.

[^f00029]: Paragraph 4(1) was amended by paragraphs 1 and 7 of Schedule 4, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00030]: Sub-paragraphs (4A) and (5A) were inserted by paragraphs 9 and 15 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00031]: Paragraph 6(2C) was inserted by paragraphs 5 and 6 of Schedule 5 to the Policing and Crime Act 2017.

[^f00032]: 1998 c. 42.

[^f00033]: Paragraphs 10(4A) and 11(3B) were inserted by paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011.

[^f00034]: Paragraph 13(1) was amended by paragraphs 277 and 301 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017.

[^f00035]: Section 29(1A) of the 2002 Act (which was inserted by paragraphs 1 and 10 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and amended by paragraph 93 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)) defines “the relevant officer” in relation to a DSI matter.

[^f00036]: Paragraph 15(9) was inserted by paragraphs 9 and 15 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00037]: Paragraph 26(5A) was substituted by paragraphs 29 and 37 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00038]: Paragraph 16 was amended by paragraphs 1, 11 and 14 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011, paragraph 8 and 17 of Schedule 6 to the Crime and Courts Act 2013 (c. 22) and paragraphs 9 and 16 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017; paragraph 18 was amended by paragraphs 1, 11 and 16 and of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 9 and 19 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00039]: Paragraph 19 was amended by paragraphs 1, 11 and 17 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017; there are further amendments to paragraph 19 but none is relevant.

[^f00040]: Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and amended by paragraphs 1, 3 and 12 of Schedule 23, and Part 8 of Schedule 28, to the Criminal Justice and Immigration Act 2008 and paragraph 47 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017; there are further amendments to paragraph 22 but none is relevant. Paragraph 24A was inserted by paragraphs 1, 11 and 24 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and amended by paragraphs 1, 3 and 15 of Schedule 23 to the Criminal Justice and Immigration Act 2008 and paragraph 47 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017; there are further amendments to paragraph 24A but none is relevant.

[^f00041]: See paragraph 15 of Schedule 3 and section 13B of the 2002 Act; see also paragraph 26 of Schedule 3.

[^f00042]: Paragraph 19A was substituted by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00043]: Paragraph 19A(7) of Schedule 3 defines “the person concerned”.

[^f00044]: Paragraph 29 of Schedule 3 defines “misconduct” and “gross misconduct”.

[^f00045]: Section 88B(2) was inserted by Schedule 8 to the Policing and Crime Act 2017.

[^f00046]: See regulation 20.

[^f00047]: See regulation 21.

[^f00048]: 1992 c. 52. There are amendments to section 119 but none is relevant.

[^f00049]: Paragraph 20A was substituted by paragraphs 9 and 23 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00050]: Section 21A was inserted by section 19 of the Policing and Crime Act 2017 and amended by paragraphs 15 and 28 of Schedule 9 to that Act.

[^f00051]: See regulation 2(1) and Part 5 of the Conduct Regulations (meaning of “special conditions” and accelerated misconduct hearings).

[^f00052]: Paragraph 22(7) was inserted by paragraphs 1, 3 and 12 of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraph 47 of Schedule 5 to the Policing and Crime Act 2017.

[^f00053]: Paragraph 23(5A) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00054]: Paragraph 24(6) was substituted by paragraphs 1, 3 and 14 of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 1 and 14 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraphs 9, 27 and 47 of Schedule 5 to the Policing and Crime Act 2017.

[^f00055]: Paragraph 25 was amended by paragraphs 1, 15 and 20 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraphs 1 and 8 of Schedule 4, paragraphs 29, 34 and 47 of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017.

[^f00056]: Paragraph 6A was inserted by paragraphs 29 and 31 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00057]: Paragraph 31 was substituted by paragraphs 29 and 40 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00058]: Paragraph 32 was substituted by paragraphs 29 and 41 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00059]: See paragraph 30 of Schedule 3 (which was inserted by paragraphs 1, 15 and 22 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and amended by paragraphs 29 and 39 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017) and regulation 32 of these Regulations.

[^f00060]: Paragraph 19ZA was inserted by section 137 of the Anti-social Behaviour, Crime and Policing Act 2014 and amended by paragraphs 13 and 61 of Schedule 10 to the Investigatory Powers Act 2016 (c. 25) and paragraphs 15 and 56 of the Policing and Crime Act 2017.

[^f00061]: Sub-paragraph (4A) of paragraph 25 was inserted by paragraphs 29 and 34 of Schedule 5 to the Policing and Crime Act 2017.

[^f00062]: Paragraph 28ZA was inserted by paragraph 45 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00063]: Paragraph 24(6A) was inserted by paragraphs 9 and 27 of Schedule 5 to the Policing and Crime Act 2017.

[^f00064]: Sub-paragraphs (4E) and (4G) of paragraph 25 were inserted by paragraphs 29 and 34 of Schedule 5 to the Policing and Crime Act 2017; sub-paragraph (4E)(b) was amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00065]: Paragraph 28A was inserted by section 139 of the Anti-social Behaviour, Crime and Policing Act 2014; sub-paragraph (4)(a) was amended by paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017.

[^f00066]: Paragraph 13(1)(c) was amended by paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017.

[^f00067]: Paragraph 13A(1) was inserted by section 17(1) and (6) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00068]: Sub-paragraph (4)(b) of paragraph 28A was amended by paragraph 47 of Schedule 5 to the Policing and Crime Act 2017.

[^f00069]: Paragraph 4(1)(a) was amended by paragraphs 1 and 7 of Schedule 4 to the Policing and Crime Act 2017.

[^f00070]: Paragraph 4(1)(c) was amended by paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017.

[^f00071]: Paragraph 4A(1) was inserted by section 17(1) and (3) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00072]: Paragraph 30(1)(a) was inserted by paragraphs 1, 15 and 22 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and amended by paragraphs 29 and 39 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00073]: Paragraph 4 was amended by paragraphs 277 and 300 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and section 17(1) and (2) of, and paragraphs 1 and 7 of Schedule 4, paragraphs 1, 4, 29 and 30 of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to, the Policing and Crime Act 2017.

[^f00074]: Sections 20(4)(d) and 21(9)(c) were substituted by section 15(1), (3) and (7) of the Policing and Crime Act 2017.

[^f00075]: Section 20(5) was amended by paragraphs 15 and 26 of Schedule 9 to the Policing and Crime Act 2017; section 21(10) was amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 15 and 27 of Schedule 9 to the Policing and Crime Act 2017.

[^f00076]: See paragraph 2(6C) of Schedule 3 (which was inserted by paragraphs 1 and 2 of Schedule 5 to the Policing and Crime Act 2017).

[^f00077]: Subsections (1) and (2) of section 20 were amended by paragraph 47 of Schedule 5, and paragraphs 15 and 26 of Schedule 9, to the Policing and Crime Act 2017; subsection (3A) of section 20 was inserted by sections 15(1) and (2) of that Act; subsections (6) and (7) of section 21 were amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraph 47 of Schedule 5, and paragraphs 15 and 27 of Schedule 9, to the Policing and Crime Act 2017; subsection (8A) of section 21 was inserted by sections 15(1) and (6) of the Policing and Crime Act 2017.

[^f00078]: Paragraph 5(2) was amended by paragraphs 9 and 10 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00079]: Paragraph 2(6A) was inserted by paragraphs 1 and 2 of Schedule 5 to the Policing and Crime Act 2017; paragraph 4A(4) was inserted by section 17(1) and (3) of that Act.

[^f00080]: Paragraphs 10(4), (4B) and (4C) and 11(3A), (3C) and (3D) were substituted by paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and amended by paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017; paragraph 13A(4) was inserted by section 17(1) and (6) of the Policing and Crime Act 2017.

[^f00081]: Paragraph 14A(1) was inserted by paragraphs 1, 11 and 12 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and amended by paragraphs 277 and 302 of Schedule 16 to the Police Reform and Social Responsibility Act 2011; paragraph 14CA(4) was inserted by section 17(1) and (9) of the Policing and Crime Act 2017.

[^f00082]: Paragraph 6(2A) was inserted by paragraphs 5 and 6 of Schedule 5 to the Policing and Crime Act 2017.

[^f00083]: See paragraph (b) of the definition of “disciplinary proceedings” in section 29(1) of the 2002 Act.

[^f00084]: Paragraph 2(6B) was inserted by paragraphs 1 and 2 of Schedule 5 to the Policing and Crime Act 2017.

[^f00085]: Paragraph 6(2E) was inserted by paragraphs 5 and 6 of Schedule 5 to the Policing and Crime Act 2017.

[^f00086]: Paragraph 6A(10) was inserted by paragraphs 29 and 31 of Schedule 5 to the Policing and Crime Act 2017.

[^f00087]: Paragraph 19ZG was inserted by section 20(1) of the Policing and Crime Act 2017. Sub-paragraph (2) was amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00088]: Paragraph 19ZH was inserted by section 20(1) of the Policing and Crime Act 2017. Sub-paragraph (6) was amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00089]: Paragraph 20(1) was amended by paragraphs 1 and 2 of Schedule 11, and paragraphs 1, 11 and 18 of Schedule 12, to the Serious Organised Crime and Police Act 2005 and paragraph 47 of Schedule 5, and paragraphs 15 and 56 of Schedule 9, to the Policing and Crime Act 2017.

[^f00090]: Paragraph 22(10) was inserted by paragraphs 1, 3 and 12 of Schedule 23 to the Criminal Justice and Immigration Act 2008.

[^f00091]: Paragraph 23(5A) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00092]: Paragraph 24(6B) was inserted by section 15(1) and (10)(a) of the Policing and Crime Act 2017.

[^f00093]: Paragraph 25(4C), (4E) and (14) was inserted by paragraphs 29 and 34 of Schedule 5 to the Policing and Crime Act 2017. Sub-paragraphs (4C) and (4E) were amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00094]: Paragraph 27(2) was amended by section 15(1) and (10)(b) of the Policing and Crime Act 2017.

[^f00095]: Section 13A was inserted by section 13 of the Policing and Crime Act 2017.

[^f00096]: Paragraph 14CA(1) was inserted by section 17(1) and (9) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00097]: S.I. 2011/2744, amended by S.I. 2017/1250.

[^f00098]: S.I. 2013/281, amended by S.I. 2017/1250.

[^f00099]: S.I. 2014/2418, to which there are amendments not relevant to these Regulations.

[^f00100]: The relevant power is in paragraph (b) of the definition of “disciplinary proceedings”.

[^f00101]: There are amendments to section 29(1) but none is relevant.

[^f00102]: Paragraph 20A was substituted by paragraphs 9 and 23 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00103]: Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005. There are other amendments to paragraph 22 but none is relevant.

[^f00104]: Paragraph 23(5A) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

[^f00105]: Paragraph 29 was inserted by paragraphs 1, 3 and 19 of Schedule 23 to the Criminal Justice and Immigration Act 2008. There is an amendment to that paragraph not relevant to these Regulations.

Editorial notes

[^key-67da5a8ec6303957d174468f2c5ed8b8]: Reg. 1 in force at 1.2.2020, see reg. 1(1)

[^key-27aecdc530612c9464751883c186b0fa]: Reg. 2 in force at 1.2.2020, see reg. 1(1)

[^key-fa9735f44efaa78d0c50f9784b5ae13c]: Reg. 3 in force at 1.2.2020, see reg. 1(1)

[^key-58ca797e2d0ff9d9f8183cd0f460661e]: Reg. 4 in force at 1.2.2020, see reg. 1(1)

[^key-7d90c45198aaf5b01a72928c437db43c]: Reg. 5 in force at 1.2.2020, see reg. 1(1)

[^key-27492eaea0e941b8b41178e7495e5f47]: Reg. 6 in force at 1.2.2020, see reg. 1(1)

[^key-22fcbc961e8e04bd43729ffebc726522]: Reg. 7 in force at 1.2.2020, see reg. 1(1)

[^key-c9c9257c71e796c5ae43a46c91e94aaf]: Reg. 8 in force at 1.2.2020, see reg. 1(1)

[^key-989998fe665394d63d8babaf3bf2d568]: Reg. 9 in force at 1.2.2020, see reg. 1(1)

[^key-a7311e4b81f49fcb322c5e03fe33e7c3]: Reg. 10 in force at 1.2.2020, see reg. 1(1)

[^key-535e5640e19c360ab6108c8f7141ff4a]: Reg. 11 in force at 1.2.2020, see reg. 1(1)

[^key-5c72cd1cea47c356a0c7f490a71aa7e6]: Reg. 12 in force at 1.2.2020, see reg. 1(1)

[^key-e98558e91d45ed027de40fdd2bb4c83c]: Reg. 13 in force at 1.2.2020, see reg. 1(1)

[^key-d570a83a655ae3972447cc21a5fe1400]: Reg. 14 in force at 1.2.2020, see reg. 1(1)

[^key-21dd4c5933a01381df75e0ac1bb1b103]: Reg. 15 in force at 1.2.2020, see reg. 1(1)

[^key-724c53b63e254870c2909bf94f31ff47]: Reg. 16 in force at 1.2.2020, see reg. 1(1)

[^key-d9d5a0571f89d1e2ae3b2f0c6685a3c2]: Reg. 17 in force at 1.2.2020, see reg. 1(1)

[^key-87babcb2b96eef844e28ea25ff5f5a27]: Reg. 18 in force at 1.2.2020, see reg. 1(1)

[^key-4c84ec9a36fb9dc88fbd60139cfd3324]: Reg. 19 in force at 1.2.2020, see reg. 1(1)

[^key-ebec687897be14a5cbe2d3467730494d]: Reg. 20 in force at 1.2.2020, see reg. 1(1)

[^key-ff7cd9b7b963f8edf7b204a5be1ce3bf]: Reg. 21 in force at 1.2.2020, see reg. 1(1)

[^key-95f433057caf4ae2bad433b0297351b4]: Reg. 22 in force at 1.2.2020, see reg. 1(1)

[^key-0b388baab132bda8720c6ccc2105a811]: Reg. 23 in force at 1.2.2020, see reg. 1(1)

[^key-3ce1249b69fbfdf9c97de8c0395531e7]: Reg. 24 in force at 1.2.2020, see reg. 1(1)

[^key-6431f988345de6147a3f0583490d9c2c]: Reg. 25 in force at 1.2.2020, see reg. 1(1)

[^key-5b264476d379e0a2f265c454ad969312]: Reg. 26 in force at 1.2.2020, see reg. 1(1)

[^key-d7eb33d62ac7778e74c99340e879722d]: Reg. 27 in force at 1.2.2020, see reg. 1(1)

[^key-264e5e850302ac7812d7a9db85387d22]: Reg. 28 in force at 1.2.2020, see reg. 1(1)

[^key-38a48ebb3b9f3792ef017443adf1e1aa]: Reg. 29 in force at 1.2.2020, see reg. 1(1)

[^key-ad3325971023da15caf8c0b9cf6761e0]: Reg. 30 in force at 1.2.2020, see reg. 1(1)

[^key-a42b5b276bdffc33d188d0284ced26af]: Reg. 31 in force at 1.2.2020, see reg. 1(1)

[^key-87bb465e59e0271fd6388440def1ddc2]: Reg. 32 in force at 1.2.2020, see reg. 1(1)

[^key-b3fe726fc42ac362feb7e53c575e2af9]: Reg. 33 in force at 1.2.2020, see reg. 1(1)

[^key-386824cd54c7a5b0fd73c7aa6c39605c]: Reg. 34 in force at 1.2.2020, see reg. 1(1)

[^key-357a064b6dd512401c55814d7bf9be91]: Reg. 35 in force at 1.2.2020, see reg. 1(1)

[^key-f2b970dd9e6911d53e85fa9273b51941]: Reg. 36 in force at 1.2.2020, see reg. 1(1)

[^key-d6f025b218ece134198acaaa63470bc5]: Reg. 37 in force at 1.2.2020, see reg. 1(1)

[^key-dd2b271c331bb9a37790f07f75678ce8]: Reg. 38 in force at 1.2.2020, see reg. 1(1)

[^key-0b6372aa989933bf9f71a72b11b1a16c]: Reg. 39 in force at 1.2.2020, see reg. 1(1)

[^key-00b64cd44c0497c28ba564bca7a95958]: Reg. 40 in force at 1.2.2020, see reg. 1(1)

[^key-cdec85b728fe650ae77b5d9275983506]: Reg. 41 in force at 1.2.2020, see reg. 1(1)

[^key-c8c7a668ffb95ee140cbeafdee1ff735]: Reg. 42 in force at 1.2.2020, see reg. 1(1)

[^key-c20a426e9cf89e0cb66aca4e379bb949]: Reg. 43 in force at 1.2.2020, see reg. 1(1)

[^key-1c65284c7b83fe19809080c4afdd35f1]: Reg. 44 in force at 1.2.2020, see reg. 1(1)

[^key-53654757cad369c2cbaeffd5e4f8b98c]: Reg. 45 in force at 1.2.2020, see reg. 1(1)

[^key-47f034be09bf53fc54c7fe360a45e6b3]: Reg. 46 in force at 1.2.2020, see reg. 1(1)

[^key-d8ab350a7046c17da57a4f6ee541b590]: Reg. 47 in force at 1.2.2020, see reg. 1(1)

[^key-3ee63eda2b183d4fc74cc164a14c283c]: Reg. 48 in force at 1.2.2020, see reg. 1(1)

[^key-953081805cfa54bfb90eca996765b07a]: Reg. 49 in force at 1.2.2020, see reg. 1(1)

[^key-620d9deafba26b3153cee842f254e1b8]: Reg. 50 in force at 1.2.2020, see reg. 1(1)

[^key-2e6326bc20bfb770de49837c72f7d3dc]: Reg. 51 in force at 1.2.2020, see reg. 1(1)

[^key-3cbff3e65a5dda44c6811c26ade8d55e]: Reg. 52 in force at 1.2.2020, see reg. 1(1)

[^key-d5fdf15ebf7581c225fa4aed2caefd2c]: Reg. 53 in force at 1.2.2020, see reg. 1(1)

[^key-31e68cee29da3dcae7d5d8e35fd0d39f]: Reg. 54 in force at 1.2.2020, see reg. 1(1)

[^key-76252a9e1aab458396f93d4336401033]: Reg. 55 in force at 1.2.2020, see reg. 1(1)

[^key-28010c83f923c3688536ee549d8f930c]: Sch. 2 para. 1 in force at 1.2.2020, see reg. 1(1)

[^key-12038c3121d4572a963fdd95f41ce93f]: Sch. 2 para. 2 in force at 1.2.2020, see reg. 1(1)

[^key-ebf4ff4c5bc31cea497c5d070297da8e]: Sch. 2 para. 3 in force at 1.2.2020, see reg. 1(1)

[^key-38203f75a096bb40c651e0bc05d31071]: Sch. 2 para. 4 in force at 1.2.2020, see reg. 1(1)

[^key-6fe511430236bebcbc3d06981f2aaf24]: Sch. 2 para. 5 in force at 1.2.2020, see reg. 1(1)

[^key-5f72d6193dddf8fd12b5d982faa37e63]: Sch. 2 para. 6 in force at 1.2.2020, see reg. 1(1)

[^key-03770ece9b8567ab0b10c66e70ba4576]: Sch. 2 para. 7 in force at 1.2.2020, see reg. 1(1)

[^key-be9fe7b3004765aeddb699c41e501298]: Sch. 2 para. 8 in force at 1.2.2020, see reg. 1(1)

[^key-34c2c19bbe06cf97731f36cd9d20b398]: Sch. 2 para. 9 in force at 1.2.2020, see reg. 1(1)

[^key-86c8ce19b2d3cf20de72ad217d357dca]: Sch. 2 para. 10 in force at 1.2.2020, see reg. 1(1)

[^key-a31a4b87675e2951b224a356ebee99e0]: Sch. 2 para. 11 in force at 1.2.2020, see reg. 1(1)

[^key-29b686ced291fde45ff3dcfd22993500]: Sch. 2 para. 12 in force at 1.2.2020, see reg. 1(1)

[^key-6baea4dd63ede30ffccc403ddcb42d55]: Sch. 1 in force at 1.2.2020, see reg. 1(1)

[^key-c17ec1931dcb4f55845bdda76968a9c5]: Words in reg. 18(2)(d) inserted (28.6.2022) by The Special Constables (Membership of the Police Federation etc.) (England and Wales) Regulations 2022 (S.I. 2022/505), regs. 1(2), 5(2)

[^key-17c7d3cae46525059ed4bd36122ef020]: Reg. 17(7) omitted (28.5.2025) by virtue of The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 57 (with reg. 66)

[^key-744ccf1fafb28fcef1e56306c5c841a3]: Reg. 19(7) omitted (28.5.2025) by virtue of The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 58 (with reg. 66)

[^key-49f8c3a817397a8117b03ac2b55e6eeb]: Reg. 26(1A) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(2) (with reg. 66)

[^key-4d7445b0d091b5804f6d1760683e0862]: Reg. 26(2A)(2B) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(4) (with reg. 66)

[^key-b47ca5604b4a882ddfef3aea1b3c97fb]: Reg. 26(3A)-(3C) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(6) (with reg. 66)

[^key-61a1c4f9eaeddbf42c0b4c1b156b7f73]: Reg. 26(10) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(8) (with reg. 66)

[^key-7d32c469d8d2d0fc4fb8c592edeb4c58]: Words in reg. 26(2) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(3) (with reg. 66)

[^key-98bced1f9b3a018975f8c050514d0bc4]: Words in reg. 26(3) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(5) (with reg. 66)

[^key-fb261cf54a2d6b55ae758a8e3b3cc0b6]: Words in reg. 26(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(7) (with reg. 66)

[^key-4092fa4483e044e06b70368ea6e14988]: Reg. 51(1A)-(1E) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 60 (with reg. 66)