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Police Reform Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Powers of the Secretary of State

Duty to provide information for other persons

1

After section 36 of the 1996 Act there shall be inserted—

(36A) (1) It shall be the duty of the Secretary of State, before the beginning of each financial year, to prepare a National Policing Plan for that year. (2) The Secretary of State shall lay the National Policing Plan for a financial year before Parliament. (3) Subject to subsection (4), any such plan must be laid before Parliament not later than 30th November in the preceding financial year. (4) If there are exceptional circumstances, any such plan may be laid before Parliament after the date mentioned in subsection (3); but it must be so laid before the beginning of the financial year to which it relates. (5) If a plan is laid before Parliament after the date mentioned in subsection (3), the plan must contain a statement of the exceptional circumstances that gave rise to its being so laid. (6) The National Policing Plan for a financial year— (a) must set out whatever the Secretary of State considers to be the strategic policing priorities generally for the police forces maintained for police areas in England and Wales for the period of three years beginning with that year; (b) must describe what, in relation to that period, the Secretary of State is intending or proposing so far as each of the following is concerned— (i) the setting of objectives under section 37 and the giving of general directions in relation to any objective so set; (ii) the specification, under section 4 of the Local Government Act 1999 (c. 27) (performance indicators), of performance indicators (within the meaning of that section) for police authorities; (iii) the making of regulations under the powers conferred by this Act, by Part 4 of the Criminal Justice and Police Act 2001 (c. 16) (police training) and by Part 2 of the Police Reform Act 2002 (c. 30) (complaints etc.); (iv) the issuing of guidance under any provision of this Act or of Part 2 of the Police Reform Act 2002 (c. 30); and (v) the issuing and revision of codes of practice under this Act and under Chapter 1 of Part 4 of the Police Reform Act 2002 (powers exercisable by civilians); (c) may contain such other information, plans and advice as the Secretary of State considers relevant to the priorities set out in the plan. (7) Before laying the National Policing Plan for a financial year before Parliament, the Secretary of State shall consult with— (a) persons whom he considers to represent the interests of police authorities; (b) persons whom he considers to represent the interests of chief officers of police; and (c) such other persons as he thinks fit. (8) In this section— - “financial year” means the period of twelve months ending with 31st March; and - “general direction” means a direction under section 38 establishing performance targets for all police authorities to which section 37 applies.

Deputy Chairmen

2

After section 39 of the 1996 Act (codes of practice for police authorities) there shall be inserted—

(39A) (1) If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces. (2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section. (3) Where the Secretary of State proposes to issue or revise a code of practice under this section, he shall first require the Central Police Training and Development Authority to prepare a draft of the code or of the revisions; and the draft prepared by that Authority must contain all such matters as the Secretary of State may specify in the requirement. (4) Before preparing a draft code of practice under this section or any draft revisions of such a code, the Central Police Training and Development Authority shall consult with— (a) persons whom it considers to represent the interests of police authorities; (b) persons whom it considers to represent the interests of chief officers of police; and (c) such other persons as it thinks fit. (5) The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament. (6) The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion— (a) would be against the interests of national security; (b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or (c) could jeopardise the safety of any person. (7) In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.

Criminal Justice and Police Act 2001

3

(1) In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), after subsection (2A) there shall be inserted—

(2B) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of— (a) a police force maintained for any police area; (b) the National Criminal Intelligence Service; or (c) the National Crime Squad; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force, Service or Squad in question, to particular matters or to particular activities of that force, Service or Squad. (2C) Where the inspectors carry out an inspection under subsection (2B), they shall send a report on that inspection to the Secretary of State.

;

and in section 55(1) of that Act (publication of reports) for “or (2A)” there shall be substituted “ , (2A) or (2C) ”.

(2) In section 41 of the Police (Northern Ireland) Act 1998 (c. 32) (appointment and functions of inspectors), after subsection (3) there shall be inserted—

(3A) The Secretary of State may at any time require the inspectors to carry out an inspection under this section of— (a) the Police Service of Northern Ireland; or (b) the National Criminal Intelligence Service; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the Service in question, to particular matters or to particular activities of that Service. (3B) Where the inspectors carry out an inspection under subsection (3A), they shall send a report on that inspection to the Secretary of State.

;

and in section 42(1) of that Act (publication of reports) for “or (3)” there shall be substituted “ , (3) or (3B) ”.

Freedom of Information Act 2000

4

For section 40 of the 1996 Act (power to give directions in response to report on an inspection of a police force carried out for the purposes of that section) there shall be substituted—

(40) (1) Where a report made to the Secretary of State on an inspection under section 54 states, in relation to any police force maintained under section 2, or in relation to the metropolitan police force— (a) that, in the opinion of the person making the report, the whole or any part of the force inspected is, whether generally or in particular respects, not efficient or not effective, or (b) that, in that person’s opinion, the whole or a part of the force will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken, the Secretary of State may direct the police authority responsible for maintaining that force to take such remedial measures as may be specified in the direction. (2) Those remedial measures must not relate to any matter other than— (a) a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or (b) a matter that the Secretary of State considers relevant to any matter falling within paragraph (a). (3) If the Secretary of State exercises his power to give a direction under this section in relation to a police force— (a) he shall prepare a report on his exercise of that power in relation to that force; and (b) he shall lay that report before Parliament. (4) A report under subsection (3)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one exercise of the power mentioned in that subsection. (5) The Secretary of State shall not give a direction under this section in relation to any police force unless— (a) the police authority maintaining that force and the chief officer of that force have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) that police authority and chief officer have each been given an opportunity of making representations about those grounds; (c) that police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (6) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction under this section. (7) Before making any regulations under this section, the Secretary of State shall consult with— (a) persons whom he considers to represent the interests of police authorities; (b) persons whom he considers to represent the interests of chief officers of police; and (c) such other persons as he thinks fit. (8) Regulations under this section may make different provision for different cases and circumstances. (9) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

Freedom of Information Act 2000

5

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Regulation of equipment

6

For subsections (2) and (3) of section 53 of the 1996 Act (regulations as to standard of equipment), there shall be substituted—

(1A) The Secretary of State may by regulations make any or all of the following provisions— (a) provision requiring all police forces in England and Wales, when using equipment for the purposes specified in the regulations to use only— (i) the equipment which is specified in the regulations; (ii) equipment which is of a description so specified; or (iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations; (b) provision requiring all police forces in England and Wales to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations; (c) provision prohibiting all police forces in England and Wales from using equipment of a type approved as mentioned in paragraph (a)(iii) except— (i) where the conditions subject to which the approval was given are satisfied; and (ii) in accordance with the other terms of that approval; (d) provision requiring equipment used by police forces in England and Wales to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations; (e) provision prohibiting all police forces in England and Wales from using equipment specified in the regulations, or any equipment of a description so specified. (1B) The Secretary of State shall not make any regulations under subsection (1A) unless he considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales. (2) Before making any regulations under this section, the Secretary of State shall consult with— (a) persons whom he considers to represent the interests of police authorities; (b) persons whom he considers to represent the interests of chief officers of police; and (c) such other persons as he thinks fit. (2A) Regulations under this section may make different provision for different cases and circumstances. (2B) A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (2C) In this section “equipment” includes— (a) vehicles; and (b) headgear and protective and other clothing.

Regulation of procedures and practices

7

After section 53 of the 1996 Act there shall be inserted—

(53A) (1) The Secretary of State may by regulations make provision requiring all police forces in England and Wales— (a) to adopt particular procedures or practices; or (b) to adopt procedures or practices of a particular description. (2) Before making any regulations under this section, the Secretary of State shall seek advice from— (a) the chief inspector of constabulary; and (b) the Central Police Training and Development Authority. (3) Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with— (a) persons whom he considers to represent the interests of police authorities; and (b) persons whom he considers to represent the interests of chief officers of police. (4) A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it. (5) Before giving any advice in response to a request for the purposes of subsection (2), the Central Police Training and Development Authority shall consult with— (a) persons whom it considers to represent the interests of police authorities; (b) persons whom it considers to represent the interests of chief officers of police; and (c) such other persons as it thinks fit. (6) The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless— (a) he has, as respects that procedure or practice, received advice from the Central Police Training and Development Authority and has considered that advice; (b) the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and (c) the Secretary of State himself is satisfied as to those matters. (7) Those matters are— (a) that the adoption of that procedure or practice is necessary in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations; (b) that the making of regulations is necessary for securing the adoption of that procedure or practice; and (c) that securing the adoption of that procedure or practice is in the national interest. (8) Regulations under this section may make different provision for different cases and circumstances. (9) A statutory instrument containing the first regulations to be made under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. (10) A statutory instrument containing any other regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Equivalent provision for NCIS and NCS

8

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Part 2 — Complaints and Misconduct

The Independent Office for Police Conduct

The Independent Police Complaints Commission

9

(1) The body corporate previously known as the Independent Police Complaints Commission—

(a) is to continue to exist, and

(b) is to be known instead as the Independent Office for Police Conduct.

(2) The Office is to consist of—

(a) a Director General appointed by Her Majesty, and

(b) at least six other members.

(2A) The other members must consist of—

(a) persons appointed as non-executive members (see paragraph 1A of Schedule 2), and

(b) persons appointed as employee members (see paragraph 1B of that Schedule),

but the powers of appointment under those paragraphs must be exercised so as to secure that a majority of members of the Office (including the Director General) are non-executive members.

(3) A person shall not be appointed as the Director General ... if—

(a) he holds or has held office as a constable in any part of the United Kingdom;

(b) he is or has been under the direction and control of a chief officer or of any person holding an equivalent office in Scotland or Northern Ireland;

(d) he is a person in relation to whom an accreditation under section 41 or 41A is or has been in force;

(da) he ... has been the chairman or a member of, or a member of the staff of, the Serious Organised Crime Agency;

(db) he ... has been—

(i) the chairman or chief executive of, or

(ii) another member of, or

(iii) another member of the staff of,

the National Policing Improvement Agency;

(dc) the person is, or has been, a National Crime Agency officer;

(e) he . . . has been a member of the National Criminal Intelligence Service or the National Crime Squad; or

(f) he is or has at any time been a member of a body of constables which at the time of his membership is or was a body of constables in relation to which any procedures are or were in force by virtue of an agreement or order under—

(i) section 26 of this Act; or

(ii) section 78 of the 1996 Act or section 96 of the 1984 Act (which made provision corresponding to that made by section 26 of this Act).

(4) An appointment made in contravention of subsection (3) shall have no effect.

(5) Neither the Office nor the Director General shall—

(a) be regarded as the servant or agent of the Crown; or

(b) enjoy any status, privilege or immunity of the Crown;

and the Office's property shall not be regarded as property of, or property held on behalf of, the Crown.

(6) Schedule 2 (which makes further provision in relation to the Office) shall have effect.

(7) The Police Complaints Authority shall cease to exist on such day as the Secretary of State may by order appoint.

General functions of the Commission

10

(1) The functions of the Director General shall be—

(a) to secure the maintenance by the Director General ..., and by local policing bodies and chief officers, of suitable arrangements with respect to the matters mentioned in subsection (2);

(b) to keep under review all arrangements maintained with respect to those matters;

(c) to secure that arrangements maintained with respect to those matters comply with the requirements of the following provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;

(d) to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;

(e) to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, and also of police practice in relation to other matters, as appear, from the carrying out by the Director General of the Director General's other functions, to be necessary or desirable; ...

(f) to such extent as the Director General may be required to do so by regulations made by the Secretary of State, to carry out functions in relation to ... bodies of constables maintained otherwise than by local policing bodies which broadly correspond to those conferred on the Director General in relation to police forces by the preceding paragraphs of this subsection; ...

(g) to carry out functions in relation to the National Crime Agency which correspond to those conferred on the Director General in relation to police forces by paragraph (e) of this subsection ; and

(ga) to carry out such corresponding functions in relation to enforcement officers (within the meaning of Part 5 of the Employment Rights Act 2025) acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984;

(gb) to carry out such corresponding functions in relation to officers of the Food Standards Agency acting in the exercise of functions conferred on them by virtue of—

(i) section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers), or

(ii) section 39A of the Criminal Justice and Public Order Act 1994 (powers for food crime officers: inferences from silence) , and

(gc) to carry out such corresponding functions in relation to public sector fraud investigators acting in the exercise of functions conferred on them by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025 (Police and Criminal Evidence Act 1984 powers for public sector fraud investigators) ; and

(gd) to carry out such corresponding functions in relation to DWP investigators acting in the exercise of functions conferred on them by section 109D of the Social Security Administration Act 1992 (Police and Criminal Evidence Act 1984 powers for DWP investigators).

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Those matters are—

(a) the handling of complaints (within the meaning given by section 12) or other concerns raised by virtue of Part 2B (whistle-blowing);

(b) the recording of matters from which it appears that there may have been conduct by persons serving with the police which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings;

(ba) the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;

(c) the manner in which any such complaints or other concerns or any such matters as are mentioned in paragraph (b) or (ba) are investigated or otherwise handled and dealt with.

(3) The Director General shall also have the functions which are conferred on the Director General by—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any agreement or order under section 26 of this Act (other bodies of constables);

(bc) any regulations under section 26C of this Act (the National Crime Agency);

(bca) any regulations under section 26CA of this Act (enforcement officers appointed under Employment Rights Act 2025);

(bd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(be) any regulations under section 26E of this Act (food crime officers);

(bf) any regulations under section 26G of this Act (public sector fraud investigators);

(bg) any regulations under section 26H of this Act (DWP investigators);

(d) any regulations or arrangements relating to disciplinary or similar proceedings against persons serving with the police, or against members of ... any body of constables maintained otherwise than by a local policing body.

(3A) The Director General also has any functions conferred on the Director General by regulations under section 29C of this Act (regulations about super-complaints).

(3B) The Director General also has the functions which are conferred on the Director General by Part 2B (whistle-blowing).

(4) It shall be the duty of the Director General—

(a) to exercise the powers and perform the duties conferred on the Director General by the following provisions of this Part in the manner that the Director General considers best calculated for the purpose of securing the proper carrying out of the Director General's functions under subsections (1) and (3); and

(b) to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the Director General has functions.

(5) It shall also be the duty of the Director General—

(a) to enter into arrangements with the chief inspector of constabulary for the purpose of securing co-operation, in the carrying out of their respective functions, between the Director General and the inspectors of constabulary; and

(b) to provide those inspectors with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the Director General to be appropriate, for facilitating the carrying out by those inspectors of their functions.

(5A) In carrying out functions the Director General must have regard to any advice provided to the Director General by the Office (see section 10A(1)(c)).

(6) Subject to the other provisions of this Part, the Director General may do anything which appears to the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of the Director General's functions.

(7) The Office may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out—

(a) the Director General's function under subsection (1)(e), ...

(b) any corresponding function conferred on the Director General by virtue of subsection (1)(f), or

impose any such charge on that person for anything done by the Director General for the purposes of, or in connection with, the carrying out of that function as the Director General thinks fit.

(7A) In this section, “public sector fraud investigators” means authorised investigators within the meaning given by section 7 of the Public Authorities (Fraud, Error and Recovery) Act 2025.

(7B) In this section, “DWP investigators” means authorised investigators within the meaning given by section 109D of the Social Security Administration Act 1992.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports to the Secretary of State

11

(1) As soon as practicable after the end of each of the Office's financial years, the Director General and the Office must jointly make a report to the Secretary of State on the carrying out of their functions during that year.

(2) The Secretary of State may also require reports to be made (at any time)—

(a) by the Director General about the carrying out of the Director General's functions,

(b) by the Office about the carrying out of the Office's functions, or

(2A) The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State's attention to matters which—

(a) have come to the Director General's notice, and

(b) are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.

(3) The Office may, from time to time, make such other reports to the Secretary of State as it considers appropriate for drawing his attention to matters which—

(a) have come to the Office's notice; and

(b) are matters that it considers should be drawn to his attention by reason of their gravity or of other exceptional circumstances.

(3A) The Director General and the Office may jointly make reports under subsections (2A) and (3).

(4) The Director General shall prepare such reports containing advice and recommendations as the Director General thinks appropriate for the purpose of carrying out—

(a) the Director General's function under subsection (1)(e) of section 10; or

(b) any corresponding function conferred on the Director General by virtue of subsection (1)(f) of that section.

(5) Where the Secretary of State receives any report under this section, he shall—

(a) in the case of every annual report under subsection (1), and

(b) in the case of any other report, if and to the extent that he considers it appropriate to do so,

lay a copy of the report before Parliament and cause the report to be published.

(6) The Office shall send a copy of every annual report under subsection (1)—

(a) to every local policing body;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) to the National Crime Agency.

(6A) The Director General must send a copy of every report under subsection (2A) —

(a) to any local policing body that appears to the Director General to be concerned, and

(b) to the chief officer of police of any police force that appears to the Director General to be concerned.

(7) The Office shall send a copy of every report under subsection (3)—

(a) to any local policing body that appears to the Office to be concerned; and

(b) to the chief officer of police of any police force that appears to it to be concerned.

(8) Where a report under subsection (2A) or (3) relates to the National Crime Agency, the Director General or the Office (as the case may be) shall send a copy of that report to the Agency.

(9) Where a report under subsection (2A) or (3) relates to a body of constables maintained by an authority other than a local policing body, the Director General or the Office (as the case may be) shall send a copy of that report—

(a) to that authority; and

(b) to the person having the direction and control of that body of constables.

(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The Director General shall send a copy of every report under subsection (4)to—

(a) the Secretary of State;

(b) every local policing body;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) every authority that is maintaining a body of constables in relation to which any procedures are for the time being in force by virtue of any agreement or order under section 26 or by virtue of subsection (9) of that section; . . .

(g) every person who has the direction and control of such a body of constables; ...

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and

(i) the National Crime Agency.

(11) The Director General shall send a copy of every report made or prepared by the Director General under subsection (2A) or (4) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or

(b) appear to the Director General otherwise to have a particular interest in its contents,

as the Director General thinks fit.

(12) The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—

(a) are referred to in the report, or

(b) appear to the Office otherwise to have a particular interest in its contents,

as the Office thinks fit.

(13) Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.

Application of Part 2

Complaints, matters and persons to which Part 2 applies

12

(1) In this Part references to a complaint are references (subject to the following provisions of this section) to any expression of dissatisfaction with a police force which is expressed (whether in writing or otherwise) by or on behalf of a member of the public.

(1A) But an expression of dissatisfaction is a complaint for the purposes of this Part—

(a) where it relates to conduct of a person serving with the police, only if the person in question is a person falling within subsection (1B);

(b) in any other case, only if the person in question has been adversely affected by the matter about which dissatisfaction is expressed.

(1B) In relation to an expression of dissatisfaction that relates to conduct of a person serving with the police, a person falls within this subsection if the person is—

(a) a person who claims to be the person in relation to whom the conduct took place;

(b) a person not falling within paragraph (a) who claims to have been adversely affected by the conduct; or

(2) In this Part “conduct matter” means (subject to the following provisions of this section, section 28A and any regulations made under it, ... and any regulations made by virtue of section 23(2)(d)) any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—

(a) committed a criminal offence; or

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

(2A) In this Part “death or serious injury matter” (or “DSI matter” for short) means (subject to section 28A and any regulations made under it) any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)—

(a) in or in consequence of which a person has died or has sustained serious injury; and

(b) in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.

(2B) The requirements of this subsection are that at the time of the death or serious injury the person—

(a) had been arrested by a person serving with the police and had not been released from that arrest; or

(b) was otherwise detained in the custody of a person serving with the police.

(2C) The requirements of this subsection are that—

(a) at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and

(b) there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.

(2D) In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “contact” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties.

(3) The complaints that are complaints for the purposes of this Part by virtue of subsection (1B)(b) do not, except in a case falling within subsection (4), include any where the person in question claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct.

(4) A case falls within this subsection if—

(a) it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that he was able to see or hear the conduct or its effects; or

(b) the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect.

(4A) In this section, “the person in question” means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.

(5) For the purposes of this section a person shall be taken to have witnessed conduct if, and only if—

(a) he acquired his knowledge of that conduct in a manner which would make him a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or

(b) he has in his possession or under his control anything which would in any such proceedings constitute admissible evidence of that conduct.

(6) For the purposes of this Part a person is not to be taken to have authorised another person to make a complaint on his behalf unless—

(a) that other person is for the time being designated for the purposes of this Part by the Director General as a person through whom complaints may be made, or he is of a description of persons so designated; or

(b) the other person has been given, and is able to produce, the written consent to his so acting of the person on whose behalf he acts.

(7) For the purposes of this Part, a person is serving with the police if—

(a) he is a member of a police force;

(aa) he is a civilian employee of a police force;

(b) he is an employee of the Common Council of the City of London who is under the direction and control of a chief officer; ...

(d) he is a person designated as a community support volunteer or a policing support volunteer under section 38.

(8) The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part—

(a) a contractor,

(b) a sub-contractor of a contractor, or

is to be treated as a person serving with the police.

(9) Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons.

(10) In subsection (8) “contractor” means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.

Handling of complaints , conduct matters and DSI matters etc.

Handling of complaints and conduct matters etc.

13

Schedule 3 (which makes provision for the handling of complaints, conduct matters and DSI matters and for the carrying out of investigations) shall have effect ....

Direction and control matters

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation, assistance and information

General duties of police authorities, chief officers and inspectors

15

(1) It shall be the duty of—

(a) every local policing body maintaining a police force,

(b) the chief officer of police of every police force, and

to ensure that it or he is kept informed, in relation to that force, about all matters falling within subsection (2).

(1A) It shall be the duty of the National Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Those matters are—

(a) matters with respect to which any provision of this Part has effect;

(b) anything which is done under or for the purposes of any such provision; and

(c) any obligations to act or refrain from acting that have arisen by or under this Part but have not yet been complied with, or have been contravened.

(2A) Subsection (2B) applies in a case where it appears to a local policing body that—

(a) an obligation to act or refrain from acting has arisen by or under this Part,

(b) that obligation is an obligation of the chief officer of police of the police force which is maintained by the local policing body, and

(2B) The local policing body may direct the chief officer to take such steps as the local policing body thinks appropriate.

(2C) The chief officer must comply with any direction given under subsection (2B).

(3) Where—

(a) a local policing body maintaining any police force requires the chief officer of that force or of any other force to provide a member of his force for appointment under paragraph 16... or 18 of Schedule 3,

(b) the chief officer of police of any police force requires the chief officer of police of any other police force to provide a member of that other force for appointment under any of those paragraphs, or

(c) a local policing body or chief officer requires the Director General of the National Crime Agency to provide a National Crime Agency officer for appointment under any of those paragraphs,

it shall be the duty of the chief officer to whom the requirement is addressed or of the Director General of the Agency to comply with it.

(4) It shall be the duty of—

(a) every local policing body maintaining a police force,

(b) the chief officer of police of every police force, and

to provide the Director General and every member of the Office's staff with all such assistance as the Director General or that member of staff may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the Director General under this Part or any review under paragraph 25 of Schedule 3.

(5) It shall be the duty of—

(a) every local policing body maintaining a police force,

(b) the chief officer of every police force, and

to ensure that a person appointed under paragraph 16... or 18 of Schedule 3 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require

(6) The duties imposed by subsections (4) and (5) on a local policing body maintaining a police force and on the chief officer of such a force and on the National Crime Agency have effect—

(a) irrespective of whether the investigation or review (as the case may be) relates to the conduct of a person who is or has been a member of that force or a a National Crime Agency officer; ...

(b) in the case of an investigation, irrespective of who has the person appointed to carry out the investigation under his direction and control; and

(c) in the case of a review applied for under paragraph 25(1B) of Schedule 3 in respect of an investigation, irrespective of who had the person appointed to carry out the investigation under his direction and control;

but a chief officer of a third force may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person who requires it belongs . . . .

(7) In subsection (6) “third force”, in relation to an investigation, means a police force other than—

(a) the force to which the person carrying out the investigation belongs; or

(b) the force to which the person whose conduct is under investigation belonged at the time of the conduct;

and where the person whose conduct is under investigation was a National Crime Agency officer at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs.

(8) Where the person who requires assistance and co-operation under subsection (5) is a National Crime Agency officer, a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8B) In subsections (8) and (8A) “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.

(9) Where—

(a) the person carrying out an investigation is not a National Crime Agency officer; and

(b) the person whose conduct is under investigation was not a National Crime Agency officer at the time of the conduct,

the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer.

(10) In subsection (9) “the relevant directing officer”—

(a) in a case where the person who requires assistance and co-operation belongs to a police force, means the chief officer of that force; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment for assistance with investigations

16

(1) This section applies where—

(a) one police force is required to provide assistance to another in connection with an investigation under this Part; or

(b) a police force is required to provide assistance to the Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.

(2) For the purposes of this section—

(a) assistance is required to be provided by one police force to another in connection with an investigation under this Part if the chief officer of the first force (“the assisting force”) complies with a requirement under section 15 (3) or (5) that is made in connection with

(ai) an investigation of a complaint where the complainant expressed dissatisfaction with the other force,

(i) an investigation of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

(ii) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and

(b) assistance is required to be provided by a police force (“the assisting force”) to the Director General in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3 if the chief officer of that force complies with a requirement under section 15(4) that is made in connection with

(ai) an investigation of a complaint where the complainant expressed dissatisfaction with a force other than that force,

(i) an investigation of a recordable conduct matter relating to the conduct of a person who, at the time of the conduct, was not a member of that force, ...

(ii) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that force, or

(iii) a review under paragraph 25 of Schedule 3 of the outcome of a complaint where the complainant expressed dissatisfaction with a force other than that force.

(3) Where the assistance is required to be provided by one police force to another, the local policing body maintaining that other police force shall pay to the local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a) as may be agreed between them; or

(b) in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i) have been agreed to by local policing bodies generally; and

(ii) are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, by one police force to another; or

(4) Where the assistance is required to be provided by a police force to the Director General, Office shall pay to the local policing body maintaining the assisting force such contribution (if any) towards the costs of the assistance—

(a) as may be agreed between the Director General and that body; or

(b) in the absence of an agreement, as may be determined in accordance with any arrangements which—

(i) have been agreed to by local policing bodies generally and by the Director General; and

(ii) are for the time being in force with respect to the making of contributions towards the costs of assistance provided, in connection with investigations under this Part, to the Director General; or

(5) In this section (subject to subsection (6))—

(a) references to a police force and to a local policing body maintaining a police force include references to the National Crime Agency; and

(b) in relation to that Agency, references to the chief officer are references to the Director General of that Agency.

(6) This section shall have effect in relation to cases in which assistance is required to be provided by the National Crime Agency as if—

(a) the reference in subsection (3)(b) to local policing bodies generally included a reference to the Agency; and

(b) the reference in subsection (4)(b) to local policing bodies generally were a reference to the Agency.

(7) This section is without prejudice to the application of section 24 of the 1996 Act (assistance given voluntarily by one force to another) in a case in which assistance is provided, otherwise than in pursuance of any duty imposed by section 15 of this Act, in connection with an investigation under this Part.

Provision of information to the Commission

17

(1) It shall be the duty of—

(a) every local policing body, and

(b) every chief officer,

at such times, in such circumstances and in accordance with such other requirements as may be set out in regulations made by the Secretary of State, to provide the Director General with all such information and documents as may be specified or described in regulations so made.

(2) It shall also be the duty of every local policing body and of every chief officer—

(a) to provide the Director General with all such other information and documents specified or described in a notification given by the Director General to that body or chief officer, and

(b) to produce or deliver up to the Director General all such evidence and other things so specified or described,

as appear to the Director General to be required by the Director General for the purposes of the carrying out of any of the Director General's functions.

(3) Anything falling to be provided, produced or delivered up by any person in pursuance of a requirement imposed under subsection (2) must be provided, produced or delivered up in such form, in such manner and within such period as may be specified in—

(a) the notification imposing the requirement; or

(b) in any subsequent notification given by the Director General to that person for the purposes of this subsection.

(4) Nothing in this section shall require a local policing body or chief officer—

(a) to provide the Director General with any information or document, or to produce or deliver up any other thing, before the earliest time at which it is practicable for that body or chief officer to do so; or

(b) to provide, produce or deliver up anything at all in a case in which it never becomes practicable for that body or chief officer to do so.

(5) A requirement imposed by any regulations or notification under this section may authorise or require information or documents to which it relates to be provided to the Director General electronically.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspections of police premises on behalf of the Commission

18

(1) Where—

(a) the Director General requires—

(i) a local policing body maintaining any police force, or

(ii) the chief officer of police of any such force,

to allow a person nominated for the purpose by the Director General to have access to any premises occupied for the purposes of that force and to documents and other things on those premises, and

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

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

(2) Those purposes are—

(a) the purposes of any examination by the Director General of the efficiency and effectiveness of the arrangements made by the force in question for handling complaints or dealing with recordable conduct matters or DSI matters;

(b) the purposes of any investigation by the Director General under this Part or of any investigation carried out under the Director General's ... direction.

(3) A requirement imposed under this section for the purposes mentioned in subsection (2)(a) must be notified to the body or chief officer at least 48 hours before the time at which access is required.

(4) Where—

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

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

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

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

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

(i) a person designated for the purposes of paragraph 19 of Schedule 3, or

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

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

(b) the obligations of local policing bodies and chief officers under sections 15 and 17.

Use of investigatory powers by or on behalf of the Commission

19

(1) The Secretary of State may by order make such provision as he thinks appropriate for the purpose of authorising—

(a) the use of directed and intrusive surveillance, and

(b) the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the Director General's functions.

(2) An order under this section may, for the purposes of or in connection with any such provision as is mentioned in subsection (1), provide for—

(a) Parts 2 and 4 the Regulation of Investigatory Powers Act 2000 (c. 23) (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

(b) Part 3 of the 1997 Act (authorisations in respect of property),

to have effect with such modifications as may be specified in the order.

(3) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this section unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

(4) Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.

(5) But the reference in subsection (1)(b) to the conduct of covert human intelligence sources does not include conduct which may be authorised under section 29B of that Act (criminal conduct authorisations).

Duty to keep the complainant informed

20

(1) In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

(a) by the Director General, or

(b) under the Director General's direction,

it shall be the duty of the Director General to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

(2) In any case in which there is an investigation of a complaint in accordance with the provisions of Schedule 3—

(a) by the appropriate authority on its own behalf, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (4).

(3) Where subsection (2) applies, it shall be the duty of the Director General to give the appropriate authority all such directions as the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

(3A) In any case in which a complaint is being handled—

(a) in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b) otherwise than in accordance with Schedule 3 (as to which see paragraph 2(6C) of that Schedule),

it shall be the duty of the appropriate authority to provide the complainant with all such information as will keep him properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in subsection (4).

(4) The matters of which the complainant must be kept properly informed are—

(a) the progress of the handling of the complaint;

(b) the outcome of the handling of the complaint;

(c) any right to apply for a review conferred on the complainant by paragraph 6A or 25 of Schedule 3 (as the case may be);

(d) such other matters as may be specified in regulations made by the Secretary of State.

(4A) The generality of subsection (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.

(5) The duties imposed by this section on the Director General and the appropriate authority in relation to any complaint shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

(6) The Secretary of State shall not by regulations provide for any exceptions from the duties imposed by this section except so far as he considers it necessary to do so for the purpose of—

(a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings;

(b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—

(i) is in the interests of national security;

(ii) is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders;

(iii) is required on proportionality grounds; or

(iv) is otherwise necessary in the public interest.

(7) The non-disclosure of information is required on proportionality grounds if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.

(8) Regulations under this section may include provision framed by reference to the opinion of, or a determination by, the Director General or any local policing body or chief officer.

(8A) In any case in which there is an investigation of a complaint, the Director General or the appropriate authority may comply with their duty under subsection (1) or (2) (as the case may be) so far as relating to the findings of a report submitted (or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted (or completed) under paragraph 22 of Schedule 3, by sending the complainant a copy of the report.

(8B) Subsection (8A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

(a) regulations made under subsection (5), and

(b) section 21A.

(9) It shall be the duty of a person appointed to carry out an investigation under this Part , or who is otherwise involved in the handling of a complaint under this Part, to provide the Director General or, as the case may be, the appropriate authority with all such information as the Director General or that authority may reasonably require for the purpose of performing their duty under this section.

Duty to provide information for other persons

21

(1) A person has an interest in being kept properly informed about the handling of a complaint , recordable conduct matter or DSI matter if—

(a) it appears to the Director General or to an appropriate authority that he is a person falling within subsection (2) or (2A); and

(b) that person has indicated that he consents to the provision of information to him in accordance with this section and that consent has not been withdrawn.

(2) A person falls within this subsection if (in the case of a complaint that relates to conduct of a person serving with the police or a recordable conduct matter)—

(a) he is a relative of a person whose death is the alleged result from the conduct complained of or to which the recordable conduct matter relates;

(b) he is a relative of a person whose serious injury is the alleged result from that conduct and that person is incapable of making a complaint;

(2A) A person falls within this subsection if (in the case of a DSI matter)—

(a) he is a relative of the person who has died;

(b) he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;

(3) A person who does not fall within subsection (2) or (2A) has an interest in being kept properly informed about the handling of a complaint , recordable conduct matter or DSI matter if—

(a) the Director General or an appropriate authority considers that he has an interest in the handling of the complaint , recordable conduct matter or DSI matter which is sufficient to make it appropriate for information to be provided to him in accordance with this section; and

(b) he has indicated that he consents to the provision of information to him in accordance with this section.

(4) In relation to a complaint, this section confers no rights on the complainant.

(5) A person who has an interest in being kept properly informed about the handling of a complaint , conduct matter or DSI matter is referred to in this section as an “interested person”.

(6) In any case in which there is an investigation of the complaint , recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—

(a) by the Director General, or

(b) under the Director General's direction,

it shall be the duty of the Director General to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

(7) In any case in which there is an investigation of the complaint , recordable conduct matter or DSI matter in accordance with the provisions of Schedule 3—

(a) by the appropriate authority on its own behalf, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in subsection (9).

(8) Where subsection (7) applies, it shall be the duty of the Director General to give the appropriate authority all such directions as the Director General considers appropriate for securing that that authority complies with its duty under that subsection; and it shall be the duty of the appropriate authority to comply with any direction given to it under this subsection.

(8A) In any case in which—

(a) the complaint is being handled in accordance with paragraph 6(2A) of Schedule 3 otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b) the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of Schedule 3 otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,

it shall be the duty of the appropriate authority to provide the interested person with all such information as will keep him properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in subsection (9).

(9) The matters of which the interested person must be kept properly informed are—

(a) the progress of the handling of the complaint, recordable conduct matter or DSI matter;

(b) the outcome of the handling of the complaint, recordable conduct matter or DSI matter;

(9A) The generality of subsection (9)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.

(10) The duties imposed by this section on the Director General and the appropriate authority in relation to any complaint , recordable conduct matter or DSI matter shall be performed in such manner, and shall have effect subject to such exceptions, as may be provided for by regulations made by the Secretary of State.

(11) Subsections (6) to (9) of section 20 apply for the purposes of this section as they apply for the purposes of that section.

(11A) In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the Director General or the appropriate authority may comply with their duty under subsection (6) or (7) (as the case may be) so far as relating to the findings of a report submitted (or finalised) under provision made by virtue of paragraph 20A(4)(b) of Schedule 3, or a report of the investigation submitted (or completed) under paragraph 22 or 24A of Schedule 3, by sending an interested person a copy of the report.

(11B) Subsection (11A) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to—

(a) regulations made under subsection (10), and

(b) section 21A.

(12) In this section “relative” means a person of a description prescribed in regulations made by the Secretary of State.

Guidance and regulations

Power of the Commission to issue guidance

22

(1) The Director General may issue guidance—

(a) to local policing bodies,

(b) to chief officers, and

concerning the exercise or performance, by the persons to whom the guidance is issued, of any of the powers or duties specified in subsection (2).

(2) Those powers and duties are—

(a) those that are conferred or imposed by or under this Part; and

(b) those that are otherwise conferred or imposed but relate to—

(i) the handling of complaints;

(ii) the means by which recordable conduct matters or DSI matters are dealt with; or

(iii) the detection or deterrence of misconduct by persons serving with the police.

(3) Before issuing any guidance under this section, the Director General shall consult with—

(a) such persons as appear to the Director General to represent the views of police and crime commissioners;

(aa) the Mayor's Office for Policing and Crime;

(ab) the Common Council;

(b) the National Police Chiefs' Council; and

(4) The approval of the Secretary of State shall be required for the issue by the Director General of any guidance under this section.

(5) Without prejudice to the generality of the preceding provisions of this section, the guidance that may be issued under this section includes—

(a) guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters or DSI matters that have not been recorded;

(b) guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter or DSI matter;

(d) guidance about how to protect the scene of an incident or alleged incident which—

(i) is or may become the subject-matter of a complaint; or

(ii) is or may involve a recordable conduct matter or DSI matter;

(e) guidance about the circumstances in which it is appropriate (where it is lawful to do so)—

(i) to disclose to any person, or to publish, any information about an investigation of a complaint , conduct matter or DSI matter; or

(ii) to provide any person with, or to publish, any report or other document relating to such an investigation;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Nothing in this section shall authorise the issuing of any guidance about a particular case.

(7) It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in exercising or performing the powers and duties to which the guidance relates.

(8) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

Regulations

23

(1) The Secretary of State may make regulations as to the procedure to be followed under any provision of this Part.

(2) Without prejudice to the generality of the power conferred by subsection (1) or of any other power to make regulations conferred by any provision of this Part, the Secretary of State may also by regulations provide—

(a) for the appropriate authority, in the case of a complaint that relates to conduct of a person serving with the police, to be required, in accordance with procedures provided for in the regulations—

(i) to supply the person complained against with a copy of the complaint; and

(ii) to supply the complainant with a copy of the record made of that complaint;

(b) for the matters to be taken into account in making any determination as to which procedure to adopt for handling complaints and dealing with recordable conduct matters and DSI matters;

(i) a complaint is withdrawn;

(ii) the complainant indicates that he does not wish any further steps to be taken; or

(iii) the whole or part of the investigation of the complaint has been postponed until the conclusion of criminal proceedings and the complainant fails to indicate after the conclusion of those proceedings that he wishes the investigation to be resumed;

and for the manner in which any such withdrawal or indication is to be effected or given, and for the circumstances in which it is to be taken as effected or given;

(d) for requiring the subject-matter of a complaint that has been withdrawn to be treated for the purposes of this Part, in the cases and to the extent specified in the regulations, as a recordable conduct matter;

(e) for the manner in which any procedure for the purposes of this Part is to be discontinued in a case where it is discontinued in accordance with the regulations, and for the consequences of any such discontinuance;

(f) for the circumstances in which any investigation or other procedure under this Part may be or must be suspended to allow any other investigation or proceedings to continue, and for the consequences of such a suspension;

(g) for the regulation of the appointment of persons to carry out investigations under this Part or to assist with the carrying out of such investigations, for limiting the persons who may be appointed and for the regulation of the carrying out of any such investigation;

(h) for combining into a single investigation the investigation of any complaint, conduct matter or DSI matter with the investigation or investigations of any one or more, or any combination, of the following—

(i) complaints (whether or not relating to the same conduct),

(ii) conduct matters, or

(iii) DSI matters,

and for splitting a single investigation into two or more separate investigations;

(i) for the procedure to be followed in cases in which the Director General relinquishes the ... direction of any investigation and for the consequences of the Director General doing so;

(j) for the manner in which any reference of a complaint , conduct matter or DSI matter to the Director General is to be made;

(k) for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or recordable 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;

(l) for applying the provisions of this Part with such modifications as the Secretary of State thinks fit in cases where a complaint or conduct matter relates to the conduct of a person—

(i) whose identity is unascertained at the time at which a complaint is made or a conduct matter is recorded;

(ii) whose identity is not ascertained during, or subsequent to, the investigation of a complaint or recordable conduct matter;

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) for the records to be kept by local policing bodies and chief officers—

(i) with respect to complaints and purported complaints;

(ii) with respect to recordable conduct matters or DSI matters; and

(iii) with respect to the exercise and performance of their powers and duties under this Part;

(o) for the Director General to be required to establish and maintain a register of such information provided to the Director General or the Office in accordance with this Part as may be of a description specified in the regulations and for regulating the extent to which information stored on that register may be published or otherwise disclosed to any person by the Director General;

(p) for chief officers to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part;

(pa) for local policing bodies to have power to delegate the exercise or performance of powers and duties conferred or imposed on them by or under this Part (including powers and duties that are acquired by virtue of giving a notice under section 13A);

(q) for the manner in which any notification for the purposes of any provision of this Part is to be given and the time at which, or period within which, any such notification must be given.

(r) for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the Director General by a person who is not that person's legal representative but is of a description specified in the regulations.

Consultation on regulations

24

Before making any regulations under this Part, the Secretary of State shall consult with—

(a) the Office;

(aa) the Director General;

(b) such persons as appear to the Secretary of State to represent the views of police and crime commissioners;

(ba) the Mayor's Office for Policing and Crime;

(bb) the Common Council;

(d) such other persons as he thinks fit.

Conduct of persons in other forms of police service

NCIS and NCS

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Forces maintained otherwise than by police authorities

26

(1) Notwithstanding any provision made by or under any enactment passed or made before this Act—

(a) the Director General, and

(b) an authority other than a local policing body which maintains a body of constables,

shall each have power to enter into an agreement with the other for the establishment and maintenance in relation to that body of constables of procedures corresponding or similar to any of those provided for by or under this Part.

(2) If it appears to the Secretary of State appropriate to do so in relation to any body of constables maintained otherwise than by a local policing body to establish any such corresponding or similar procedures, he may by order—

(a) provide for the establishment and maintenance of such procedures in relation to that body of constables; and

(b) in a case in which procedures in relation to that body of constables have effect by virtue of subsection (9) or have previously been established by virtue of this section—

(i) provide for those procedures to be superseded by the provision made by the order; and

(ii) make transitional provision in connection with the replacement of the superseded procedures.

(3) It shall be the duty of the Secretary of State to secure that procedures are established and maintained under subsection (2) in relation to each of the following—

(a) the Ministry of Defence Police; and

(b) the British Transport Police Force.

(4) An agreement under this section shall not be made, varied or terminated except with the approval of the Secretary of State.

(5) An agreement or order under this section in relation to any body of constables may contain provision for enabling the Director General to bring and conduct, or otherwise participate or intervene in, any proceedings which are identified by the agreement or order as disciplinary proceedings in relation to members of that body of constables.

(6) An agreement or order under this section in relation to any body of constables may provide for the application of procedures in relation to persons who are not themselves constables but are employed for the purposes of that body of constables and in relation to the conduct of such persons, as well as in relation to members of that body of constables and their conduct.

(7) Before making an order under this section the Secretary of State shall consult with both—

(a) the Director General; and

(b) the authority maintaining the body of constables to whom the order relates.

(8) Procedures established in accordance with any agreement or order under this section shall have no effect in relation to anything done outside England and Wales by any constable or any person employed for the purposes of a body of constables.

(9) Where, immediately before the coming into force of this section, any procedures have effect in relation to any body of constables by virtue of—

(a) section 78 of the 1996 Act (which made provisions similar to that made by this section), or

(b) paragraph 13 of Schedule 8 to that Act (transitional provisions),

those procedures shall continue to have effect thereafter (notwithstanding the repeal by this Act of Chapter 1 of Part 4 of the 1996 Act and of that paragraph) until superseded by procedures established by virtue of any agreement or order under this section.

(10) Subsection (9) has effect subject to the provisions of any order made under section 28.

Conduct of the Commission’s staff

27

(1) The Secretary of State shall by regulations make provision for the manner in which the following cases are to be handled or dealt with—

(a) cases in which allegations of misconduct are made against members of the Office's staff; and

(b) cases in which there is otherwise an indication that there may have been misconduct by a member of the Office's staff.

(2) Regulations under this section may apply, with such modifications as the Secretary of State thinks fit, any provision made by or under this Part.

(3) Regulations under this section may provide for it to be the duty of any person on whom functions are conferred by the regulations to have regard, in the carrying out of those functions, to any guidance given by such persons and in such manner as may be specified in the regulations.

(4) Before making any regulations under this section the Secretary of State shall consult with the Office and the Director General.

Transitional provisions

Transitional arrangements connected with establishing the Commission etc.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 2

29

(1) In this Part—

“the appropriate authority”—in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—if that person is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; andif he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; ... in relation to any other complaint, means the chief officer of the police force with which dissatisfaction is expressed by the complainant; and in relation to a death or serious injury matter, means—if the relevant officer is the chief officer or an acting chief officer, the local policing body for the area of the police force of which he is a member; andif he is not the chief officer or an acting chief officer, the chief officer under whose direction and control he is; and, for the purposes of this definition, “acting chief officer” means a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011; a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;

“chief officer” means the chief officer of police of any police force;

“complainant” shall be construed in accordance with subsection (2);

“complaint” has the meaning given by section 12;

“conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred);

“conduct matter” has the meaning given by section 12;

“death or serious injury matter” and “DSI matter” have the meaning given by section 12;

“the Director General” means (unless otherwise specified) the Director General of the Office;

“disciplinary proceedings” means—in relation to a member of a police force or a special constable, proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations; andin relation to a person serving with the police who is not a member of a police force or a special constable, proceedings identified as such by regulations made by the Secretary of State for the purposes of this Part;

“document” means anything in which information of any description is recorded;

“information” includes estimates and projections, and statistical analyses;

“the Office” means the Independent Office for Police Conduct;

“person complained against”, in relation to a complaint that relates to conduct of a person serving with the police, means the person whose conduct is the subject-matter of the complaint;

“recordable conduct matter” means (subject to any regulations under section 23(2)(d))—a conduct matter that is required to be recorded by the appropriate authority under paragraph 10 , 11 or 13A of Schedule 3 or has been so recorded; or a conduct matter that is required to be recorded by the appropriate authority under section 28A(8) or has been so recorded; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“relevant force”, in relation to the appropriate authority, means— if that authority is a local policing body, the police force which the body is responsible for maintaining; and if that authority is the chief officer of police of a police force, his force;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“serious injury” means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function;

“serving with the police”, in relation to any person, shall be construed in accordance with section 12(7) to (10) .

(1A) In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section 12(7) to (10) )—

(a) who arrested the person who has died or suffered serious injury,

(b) in whose custody that person was at the time of the death or serious injury, or

and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.

(1B) Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.

(2) References in this Part, in relation to anything which is or purports to be a complaint, to the complainant are references—

(a) to the person by whom the complaint or purported complaint was made, or

(b) in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;

but where any person is acting on another’s behalf for the purposes of any complaint or purported complaint, anything that is to be or may be done under this Part by or in relation to the complainant may be done, instead, by or in relation to the person acting on the complainant’s behalf.

(3) Subject to subsection (4), references in this Part, in relation to any conduct or anything purporting to be a complaint about any conduct, to a member of the public include references to any person falling within any of the following paragraphs (whether at the time of the conduct or at any subsequent time)—

(a) a person serving with the police;

(ca) a National Crime Agency officer; or

(d) a person engaged on relevant service, within the meaning of section 97(1)(a) ... or (d) of the 1996 Act (temporary service of various kinds).

(4) In this Part references, in relation to any conduct or to anything purporting to be a complaint about any conduct, to a member of the public do not include references to—

(a) a person who, at the time when the conduct is supposed to have taken place, was under the direction and control of the same chief officer as the person whose conduct it was; or

(b) a person who—

(i) at the time when the conduct is supposed to have taken place, in relation to him, or

(ii) at the time when he is supposed to have been adversely affected by it, or to have witnessed it,

was on duty in his capacity as a person falling within subsection (3)(a) to (d).

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