Legalize / United Kingdom / Public General Act

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

Freedom of Information Act 2000

The 1997 Act

Freedom of Information Act 2000

Criminal Justice and Police Act 2001

Restriction on disclosure of sensitive information

Procedural requirements for removal of senior officers

Suspension of senior officers

Designations under section 38B: supplementary provision

Offences against designated and accredited persons etc.

Persons suspected of offences connected with transport systems

Amendments to Part 3 of the Road Traffic Offenders Act 1988

Functions of inspectors of constabulary

Amendments to Part 3 of the Road Traffic Offenders Act 1988

Superannuation and insurance

Photographing persons in police detention

Procedure for giving directions

Confiscation of alcohol

Rehabilitation of Offenders Act 1974

Juries Act 1974

Northern Ireland Assembly Disqualification Act 1975

The Police Pensions Act 1976

House of Commons Disqualification Act 1975

Power to issue fixed penalty notices

Criminal Justice and Police Act 2001

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The 1996 Act

Prosecution of Offences Act 1985

Aviation and Maritime Security Act 1990

Criminal Justice and Police Act 2001

The 1996 Act

The 1984 Act

Rehabilitation of Offenders (Northern Ireland) Order 1978

Juries Act 1974

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Aviation and Maritime Security Act 1990

Local policing bodies: functions in relation to complaints

Power of the Director General to issue guidance

Regulation-making powers: consultation

Disciplinary regulations for special constables

Suspension of senior officers

Removal etc. of senior officers at the instance of the Secretary of State

Standard powers and duties of community support officers

Designations under section 38B: supplementary provision

Persons suspected of offences connected with transport systems

Use of specimens taken from persons incapable of consenting

Equivalent provision for offences connected with transport systems

Amendments to Part 3 of the Road Traffic Offenders Act 1988

Nationality requirements applicable to police officers etc.

Sex offenders: England and Wales

Liability for acts of the Director General

Liability in respect of members of teams

Powers in respect of detained persons

The Police Pensions Act 1976

Power to modify paragraph 1(2A)

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Confiscation of alcohol

Juries Act 1974

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Searches and examinations to ascertain identity

Confiscation of alcohol

Abandoned vehicles

Access and copying in the case of things seized by constables

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Payment for assistance with investigations

Resignation in the interests of efficiency and effectiveness

Disciplinary regulations for special constables

Specimens taken from persons incapable of consenting

Persons authorised to take intimate samples from persons in police detention

Application of the Police (Property) Act 1897 to NCS

Disciplinary matters

Power to require giving of name and address

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Road Traffic Act 1988

Liability for acts of the Director General

Persons accompanying investigating officers

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The 1984 Act

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The Police Pensions Act 1976

House of Commons Disqualification Act 1975

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Resignation in the interests of efficiency and effectiveness

Suspension of senior officers

Removal of restriction on powers conferred on traffic wardens

Independent custody visitors for places of detention

Escort of persons in police detention

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38B

(1) The chief officer of police of a police force (the “assisted force”) may designate a person (“C”) who—

(a) is a civilian employee of , or a police volunteer with, another police force (the “assisting force”),

(b) is designated under section 38 by the chief officer of police of the assisting police force (the “section 38 designation”), and

(c) is permitted, under relevant police collaboration provision, to discharge powers and duties specified in that provision for the purposes of the assisted force.

(2) The designation under subsection (1) (the “collaboration designation”) must designate C as an officer of either or both of the descriptions specified in section 38(1) (if C is a civilian employee of the assisting force) or section 38(1A) (if C is a police volunteer with the assisting force).

(3) The collaboration designation may designate C as an officer of a particular description specified in section 38(1) or (as the case may be) section 38(1A) only if the section 38 designation designates C as an officer of that description.

(4) C shall have the powers and duties conferred or imposed on C by the collaboration designation.

(5) A power or duty may be conferred or imposed on C by the collaboration designation only if C is permitted, under the relevant police collaboration provision, to discharge that power or duty for the purposes of the assisted force.

(6) C shall not be authorised or required by virtue of the collaboration designation to engage in any conduct otherwise than in the course of discharging a power or duty conferred or imposed on C by the collaboration designation.

(7) The collaboration designation must specify the restrictions and conditions to which C is subject in the discharge of the powers and duties conferred or imposed by the collaboration designation.

(8) Those restrictions and conditions must include the restrictions and conditions specified in the relevant police collaboration provision.

(9) C is authorised or required to discharge any power or duty conferred or imposed by the collaboration designation subject to the restrictions and conditions specified in the collaboration designation.

(10) References in this section to the discharge of functions by persons designated under section 38 by the chief officer of police of the assisting force for the purposes of the assisted force have the same meaning as in section 23AA of the Police Act 1996.

(11) In this section—

“civilian employee” has the meaning given by section 23I of the Police Act 1996;

“relevant police collaboration provision” means provision, contained in a collaboration agreement under section 22A of the Police Act 1996, which is of the kind referred to in section 23AA of that Act.

38C

(1) The collaboration designation of C must be in accordance with the relevant police collaboration provision.

(2) Subsection (1) is in addition to section 38B(5) and (8).

(3) Subsections (8) and (9) of section 38 apply to any power exercisable by C in reliance on the collaboration designation as they apply to a power exercisable by a person in reliance on a designation under section 38.

(4) In exercising or performing any power or duty in reliance on the collaboration designation, C is to be taken—

(a) as exercising or performing that power or duty in reliance on that collaboration designation (and not in reliance on any designation under section 38); and

(b) accordingly, as not being a designated person (within the meaning of section 46(1)) by virtue of any designation under section 38.

(5) Expressions used in this section and section 38B have the same meanings in this section as in section 38B.

Powers in respect of detained persons

Duty to record DSI matters

Duty to preserve evidence relating to DSI matters

Reference of DSI matters to the Director General

Power of Director General to treat DSI matter as having been referred

14CA

(1) The Director General may treat a DSI matter that comes to the Director General's attention otherwise than by having been referred to the Director General under paragraph 14C as having been so referred.

(2) Where the Director General treats a DSI matter as having been referred to the Director General—

(a) paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and

(b) paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the Director General by the appropriate authority under paragraph 14C.

(3) The Director General must notify the appropriate authority that the Director General is treating a DSI matter as having been referred to the Director General.

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.

Duties of Director General on references under paragraph 14C

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Rehabilitation of Offenders (Northern Ireland) Order 1978

Duties to preserve evidence relating to complaints

Initial handling and recording of complaints

...

Reference of complaints to the Director General

Duties of Director General on references under paragraph 4

Handling of complaints by the appropriate authority

...

8A

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Conduct matters arising in civil proceedings

Recording etc. of conduct matters in other cases

Duties to preserve evidence relating to conduct matters

Reference of conduct matters to the Director General

Duties of Director General on references under paragraph 13

Reviews: the relevant review body

30

(1) The relevant review body in relation to a review is—

(a) the Director General, in a case where a local policing body is the appropriate authority in relation to the relevant complaint or the relevant complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph; or

(b) the local policing body which is the relevant local policing body in relation to the relevant complaint, in any other case.

(2) In this paragraph and paragraphs 31 and 32—

“relevant complaint”, in relation to a review, means the complaint to which the review relates;

“relevant local policing body”, in relation to a relevant complaint where a chief officer is the appropriate authority in relation to the complaint, means the local policing body for the area of the police force of which the chief officer is a member;

“review” means a review applied for under paragraph 6A(2) or 25(1B).

31

(1) This paragraph applies in a case where—

(a) an application for a review is made to the Director General, and

(b) a local policing body is the relevant review body in relation to the review.

(2) The Director General must—

(a) forward the application to the local policing body, and

(b) notify the person who applied for the review—

(i) that the local policing body is the relevant review body, and

(ii) the application has been forwarded.

(3) The application is to be taken to have been—

(a) made to the local policing body, and

(b) so made at the time when it is forwarded to the local policing body.

32

(1) This paragraph applies in a case where—

(a) an application for a review is made to a local policing body, and

(b) the Director General is the relevant review body in relation to the review.

(2) The local policing body must—

(a) forward the application to the Director General, and

(b) notify the person who applied for the review—

(i) that the Director General is the relevant review body, and

(ii) the application has been forwarded.

(3) The application is to be taken to have been—

(a) made to the Director General, and

(b) so made at the time when it is forwarded to the Director General.

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Efficiency etc in exercise of functions

Direction and control matters

28A

(1) The Director General may, if the Director General considers that there are exceptional circumstances—

(a) direct that a relevant transitional provision does not apply in relation to a pre-commencement matter, and

(b) direct the appropriate authority to record the matter under this Part.

(2) A “pre-commencement matter” means a matter which—

(a) is a complaint or a conduct matter,

(b) relates to conduct which took place, or circumstances which occurred, before 1 April 2004, and

(c) (apart from this section) is prevented by a relevant transitional provision from being recorded under this Part as a complaint or a conduct matter.

(3) “Relevant transitional provision” means article 2, 3 or 4 of the Independent Police Complaints Commission (Transitional Provisions) Order 2004 (S.I. 2004/671).

(4) The Director General may, if the Director General considers that there are exceptional circumstances, direct that a matter to which subsection (5) applies should be treated as a conduct matter or a DSI matter.

(5) This subsection applies to a matter which—

(a) relates to conduct which took place, or circumstances which occurred, before 1 April 2004,

(b) has been the subject of a relevant complaint, and

(6) “Relevant complaint” means—

(a) a complaint made before 1 April 2004, or

(b) a complaint made on or after that date to which a relevant transitional provision applied.

(6A) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this section—

(a) ceases to apply to a pre-commencement matter or a matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter was given before that day), or

(b) does not apply to a pre-commencement matter or matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter is given on or after that day),

insofar as the matter relates to conduct forming part of the Troubles.

(6B) In subsection (6A) “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

(7) Where under subsection (1)(a) the Director General directs that a relevant transitional provision does not apply in relation to a pre-commencement matter, that provision does not apply in relation to that matter.

(8) The appropriate authority must comply with a direction under subsection (1)(b).

(9) Where under subsection (4) the Director General directs that a matter should be treated as a conduct matter or a DSI matter, the matter is (subject to any regulations under subsection (10)) to be treated as a conduct matter or a DSI matter for the purposes of this Part (including subsections (1) and (2)) and any provision made under it.

(10) The Secretary of State may by regulations provide for this Part or any provision made under it to apply with such modifications as the Secretary of State thinks fit to a matter in relation to which the Director General has made a direction under subsection (1) or (4).

Removal of restriction on powers conferred on traffic wardens

Application of the Police (Property) Act 1897 to NCS

Quorum for the Service Authorities under the 1997 Act

Interim orders

Procedure for giving directions

Assaults on members of teams

Power of the Director General to determine the form of an investigation

Investigations by the appropriate authority on its own behalf

...

Investigations directed by the Director General

Investigations by the Director General ...

Special procedure where investigation relates to police officer or special constable

Assessment of seriousness of conduct under investigation

Duty to consider submissions from person whose conduct is being investigated

Interview of person whose conduct is being investigated

Duty to provide certain information to appropriate authority

Interview of persons serving with the police etc during certain investigations

19F

(1) This paragraph applies to an investigation of a complaint, recordable conduct matter or DSI matter which—

(a) is carried out by the appropriate authority under the direction of the Director General, or

(b) is carried out by a person designated under paragraph 19 (investigations by Director General).

(2) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with an interview which—

(a) is held with a serving officer during the course of the investigation by the person investigating the complaint or matter other than, in the case of an investigation to which paragraph 19A applies, a serving officer who is the person concerned in relation to the investigation (within the meaning of paragraph 19A).

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

(3) Regulations under sub-paragraph (2) may in particular make provision—

(a) requiring a serving officer to attend an interview,

(b) for determining how the time at which an interview is to be held is to be agreed or decided,

(d) for enabling a serving officer to be accompanied at the interview by a person of a prescribed description.

(4) “Serving officer” means a person who—

(a) is serving with the police, or

(b) is serving with an additional police body.

(5) A person is serving with an additional police body if the person is a member of, or is employed or otherwise engaged for the purposes of, that body (subject to sub-paragraph (6)).

(6) The Secretary of State may by regulations provide, in relation to an additional police body, that a person is serving with that body only if the person—

(a) is a member of, or is employed or otherwise engaged for the purposes of, that body, and

(b) is of a prescribed description.

(7) An “additional police body” means—

(a) a body of constables which is maintained by an authority other than a local policing body and is prescribed in regulations made by the Secretary of State under this sub-paragraph, ...

(aa) a body required by section 26BA to enter into an agreement with the Director General, or

(b) the National Crime Agency.

(8) The Secretary of State must obtain the consent of the Northern Ireland Assembly before making provision in regulations under this paragraph which would be within the legislative competence of the Northern Ireland Assembly.

(9) But consent under sub-paragraph (8) is not required in relation to a provision if—

(a) a Bill for an Act of the Northern Ireland Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and

(b) the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).

(10) Nothing in this paragraph prevents or restricts the holding of interviews to which regulations under this paragraph do not apply during the course of any investigation under this Schedule.

Restrictions on proceedings pending the conclusion of an investigation

Accelerated procedure in special cases

Investigations managed or carried out by Commission: action by appropriate authority

Investigations managed or carried out by Commission: action by Commission

Other investigations: action by appropriate authority

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Special cases: recommendation or direction of Commission

...

Procedure where conduct matter is revealed during investigation of DSI matter

Final reports on investigations: complaints, conduct matters and certain DSI matters

Action by the Director General in relation to an investigation report under paragraph 22

Action by the appropriate authority in response to an investigation report under paragraph 22

Final reports on investigations: other DSI matters

Action by the Director General in relation to an investigation report under paragraph 24A

Reviews ... with respect to an investigation

Re-investigations following a review

Duties with respect to disciplinary proceedings etc

Information for complainant about disciplinary recommendations

Minor definitions

General interpretation

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The 1984 Act

26C

(1) The Secretary of State must make regulations conferring functions on the Director General in relation to the exercise of functions by the Director General of the National Crime Agency and other National Crime Agency officers.

(2) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;

(b) make provision for payment by the National Crime Agency to, or in respect of, the the Office or in respect of its Director General.

(3) Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.

(4) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a) the Director General has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5) A National Crime Agency officer may disclose information to the Director General, or to a person acting on the Director General's behalf, for the purposes of the exercise by the Director General, or by any person acting on the Director General's behalf, of an NCA complaints function.

(6) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(7) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under subsection (5) or (6);

(b) provision about the further disclosure of information that has been so disclosed;

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.

(8) Except as provided for in regulations under this section, that Schedule to that Act does not apply to—

(a) the disclosure of information under subsection (5) or (6), or

(b) the further disclosure of information so disclosed.

(9) In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General of the National Crime Agency or any other National Crime Agency officer.

Reports to the Secretary of State

General functions of the Director General

Procedural requirements for removal of senior officers

Use of specimens taken from persons incapable of consenting

Equivalent provision for offences connected with transport systems

Quorum for the Service Authorities under the 1997 Act

Interim orders

Consultation requirements

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26BA

(1) The Director General and the College of Policing must enter into an agreement for the establishment, in relation to members of the College's staff, of procedures corresponding or similar to those provided for by or under this Part.

(2) An agreement under this section—

(a) must not be made or varied except with the approval of the Secretary of State; and

(b) must not be terminated unless—

(i) it is replaced by another such agreement, and

(ii) the Secretary of State approves.

(3) An agreement under this section may contain provision for enabling the Director General to bring and conduct, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary hearings in relation to members of the College's staff.

(4) Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done outside England and Wales by any member of the College's staff.

Functions of inspectors of constabulary

Expenses of members of police authorities etc.

Director General

Investigations by the Director General: power to serve information notice

19ZA

(1) The Director General may serve upon any person an information notice requiring the person to provide the Director General with information that the Director General reasonably requires for the purposes of an investigation in accordance with paragraph 19.

(2) But an information notice must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

(c) to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

(d) to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

(3) Neither must an information notice require a postal or telecommunications operator ... to provide communications data ....

(3A) In sub-paragraph (3) “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

(4) An information notice must—

(a) specify or describe the information that is required by the Director General and the form in which it must be provided;

(b) specify the period within which the information must be provided;

(5) The period specified under sub-paragraph (4)(b) must not end before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be provided pending the determination or withdrawal of the appeal.

(6) The Director General may cancel an information notice by written notice to the person on whom it was served.

Failure to comply with information notice

19ZB

(1) If a person who has received an information notice—

(a) fails or refuses to provide the information required by the notice, or

(b) knowingly or recklessly provides information in response to the notice that is false in a material respect,

the Director General may certify in writing to the High Court that the person has failed to comply with the information notice.

(2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court.

Appeals against information notices

19ZC

(1) A person on whom an information notice is served may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law.

(2) If the Tribunal considers that the notice is not in accordance with the law—

(a) it must quash the notice, and

(b) it may give directions to the Director General in relation to the service of a further information notice.

Sensitive information: restriction on further disclosure

19ZD

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Recommendations by the Director General

28A

(1) This paragraph applies where the Director General has received a report (or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally) under—

(a) paragraph 22(3) (report on completion of investigation of complaint or conduct matter ... directed by Director General),

(b) paragraph 22(5) (report on completion of investigation of complaint or conduct matter by or on behalf of the Director General), or

(2) This paragraph also applies where the Director General has made a determination on a review under—

(a) paragraph 6A (review relating to complaint dealt with other than by investigation), or

(b) paragraph 25 (review with respect to an investigation).

(3) The Director General may make a recommendation in relation to a matter dealt with in the report or review.

(3A) Where this paragraph applies—

(a) by virtue of sub-paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint, or

(b) by virtue of sub-paragraph (2),

a recommendation made under sub-paragraph (3) may not be a recommendation of a kind described in regulations made under paragraph 28ZA(1).

(4) A recommendation under this paragraph may be made to any person if it is made—

(a) following the receipt or completion of a report relating to—

(i) a DSI matter,

(ii) a conduct matter of a type specified in regulations, or

(iii) a complaint of a type specified in regulations; or

(b) following a determination on a review relating to a complaint of a type specified in regulations.

(5) In any other case, a recommendation under this paragraph may be made only to—

(a) a person serving with the police, or

(b) a local policing body.

(6) Where the Director General makes a recommendation under this paragraph, the Director General must also—

(a) publish the recommendation, and

(b) send a copy of it—

(i) in a case where the recommendation is made to a local policing body, to the chief officer of the police force maintained by that body;

(ii) in a case where the recommendation is made to a chief officer of a police force, to the local policing body that maintains the police force;

(iii) in a case where the recommendation is made to a contractor (within the meaning of section 12(10)), to the chief officer of a police force to whom the contractor is providing services, and the local policing body that maintains the police force;

(iv) in a case where the recommendation is made to a sub-contractor or an employee of a contractor, to the contractor and the persons to whom a copy must be sent under paragraph (iii);

(v) in a case where the recommendation is made to an employee of a sub-contractor, to the sub-contractor, the contractor and the persons to whom a copy must be sent under sub-paragraph (iii);

(vi) in any other case, to any person to whom the Director General thinks a copy should be sent.

(7) Nothing in this paragraph affects the power of the Director General to make recommendations or give advice under section 10(1)(e) (whether arising under this Schedule or otherwise).

Response to recommendation

28B

(1) A person to whom a recommendation under paragraph 28A is made must provide to the Director General a response in writing stating—

(a) what action the person has taken or proposes to take in response to the recommendation, or

(b) why the person has not taken, or does not propose to take, any action in response.

(2) The person must provide the response to the Director General before the end of the period of 56 days beginning with the day on which the recommendation was made, unless sub-paragraph (3) applies.

(3) The Director General may extend the period of 56 days following an application received before the end of the period; and if the Director General grants an extension, the person must provide the response before the end of the extended period.

(4) But if proceedings for judicial review of the Director General's decision to make a recommendation are started during the period allowed by sub-paragraph (2) or (3), that period is extended by however many days the proceedings are in progress.

(5) On receiving a response, the Director General must, within the period of 21 days beginning with the day on which the Director General received it—

(a) publish the response, and

(b) send a copy of it to any person who was sent a copy of the recommendation under paragraph 28A(6)(b),

unless the person giving the response has made representations under sub-paragraph (6).

(6) The person giving the response may, at the time of providing it to the Director General, make representations to the Director General asserting that the requirements of publication and disclosure under sub-paragraph (5) should not apply to the response, or to particular parts of it.

(7) On receiving such representations, the Director General may decide—

(a) that the response should not be published, or that only parts of it should be published;

(b) that the response should not be disclosed, or that only parts of the response should be disclosed.

(8) Where, following a decision on representations, the Director General decides to publish or disclose a response (in whole or in part), the Director General must do so only after the person giving the response has been informed of the Director General's decision, and—

(a) in a case where the Director General has decided to accept all of the representations, the Director General must do so within the period of 21 days beginning with the day on which the Director General received the response;

(b) in a case where the Director General has decided to reject any of the representations, the Director General must do so—

(i) within the period of 21 days beginning with the day on which the person was informed of the Director General's decision on the representations, but

(ii) not before the end of the period of 7 days beginning with that day.

(9) But if proceedings for judicial review of the Director General's decision to reject a representation are started during the period of 7 days referred to in sub-paragraph (8)(b)(ii)—

(a) the Director General must not publish or disclose the response while the proceedings are in progress;

(b) if the court upholds the Director General's decision to reject a representation, the Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days beginning with the day on which the proceedings are no longer in progress.

(10) Where a local policing body or a chief officer makes a response under this paragraph, the body or officer must, at the time the Director General publishes the response, also publish the response (to the same extent as published by the Director General) and the recommendation under paragraph 28A.

(11) For the purposes of this paragraph—

(a) “disclosing” a response means sending a copy of it as mentioned in sub-paragraph (5)(b);

(b) the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought.

(12) This paragraph does not apply, or ceases to apply, in relation to a recommendation made by virtue of paragraph 28A(1) if the Director General determines under section 13B that the complaint, recordable conduct matter or DSI matter that the Director General received a report on (or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally) is to be re-investigated.

1ZB

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2B

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

3B

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4AB

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

10A

(1) The functions of the Office are—

(a) to secure that the Office has in place appropriate arrangements for good governance and financial management,

(b) to determine and promote the strategic aims and values of the Office,

(d) to monitor and review the carrying out of such functions.

(2) The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made).

(3) The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions).

(4) In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters.

(5) The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions.

10B

The Director General and the Office must carry out their functions efficiently and effectively.

10C

(1) The Director General and the Office must jointly—

(a) prepare a strategy for the carrying out of their functions, and

(b) review the strategy (and revise it as appropriate) at least once every 12 months.

(2) The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period.

(3) The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office.

(4) The Director General and the Office must each give effect to the strategy in carrying out their functions.

(5) The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect).

(6) In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy.

10D

(1) The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office.

(2) In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions.

(3) The code must include provision as to the following—

(a) how the strategy required by section 10C is to be prepared, reviewed and revised;

(b) the matters to be covered by the strategy and the periods to be covered by it from time to time;

(c) how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office;

(d) the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General;

(e) the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so;

(f) how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2).

(4) The Code may include whatever other provision the Director General and the Office think appropriate.

(5) The Director General and the Office must jointly review the code regularly and revise it as appropriate.

(6) The Director General and the Office must each comply with the code.

(7) The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).

Complaints, matters and persons to which Part 2 applies

13A

(1) The local policing body that maintains a police force may give notice to the chief officer of the police force that it (rather than the chief officer) is to exercise the functions conferred on the chief officer by the provisions specified in subsection (2) or subsections (2) and (3).

(2) The provisions specified in this subsection are—

(a) paragraph 2(6) to (6D) of Schedule 3, and

(b) paragraph 2(9) and (10) of Schedule 3 in so far as relating to a determination made for the purposes of paragraph 2(6) to (6C) of that Schedule.

(3) The provisions specified in this subsection are—

(a) section 20, and

(b) section 21 in so far as that section relates to complaints.

(4) In relation to any complaint in respect of which the chief officer is the appropriate authority that is made on or after the day on which a notice under subsection (1) is given—

(a) the functions of the chief officer to which the notice relates become functions of the local policing body,

(b) references to the chief officer, including in the chief officer's capacity as an appropriate authority, in the provisions specified in subsection (2) or (as the case may be) subsections (2) and (3) are to be read as references to the local policing body, and

(c) for the purpose of paragraph 6(1) of Schedule 3, the complaint is to be treated as having been recorded by the chief officer.

(5) Where the notice under subsection (1) relates to the functions conferred on the chief officer by the provisions specified in subsections (2) and (3), subsection (4)(b) does not apply to the references to an appropriate authority in sections 20(2)(a) and (3A)(a) and 21(7)(a) and (8A)(a).

(6) The Secretary of State may by regulations make provision in connection with the giving of notices under subsection (1) and their withdrawal.

(7) Regulations under subsection (6) may (amongst other things) make provision about—

(a) the steps that a local policing body must take before giving a notice;

(b) the circumstances in which a notice may be withdrawn.

13B

(1) This section applies where—

(a) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Director General has been submitted to the Director General under paragraph 22(3) or 24A of Schedule 3, or

(b) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Director General has been submitted to the Director General (or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General) under paragraph 22(5) or 24A of Schedule 3.

(2) The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if the Director General is satisfied that there are compelling reasons for doing so.

(3) Where the Director General makes a determination under subsection (2), the Director General must determine that the re-investigation is to take the form of an investigation by the Director General unless subsection (4) applies, in which case the Director General must determine that the re-investigation is to take the form described in that subsection.

(4) This subsection applies where the Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the appropriate authority under the direction of the Director General.

(5) Where—

(a) the Director General determines under subsection (3) or (7) that a re-investigation is to take the form of an investigation by the Director General, and

(b) at any time after that the Director General determines that subsection (4) applies in relation to the re-investigation,

the Director General may make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the appropriate authority under the direction of the Director General.

(6) Where the Director General determines under subsection (3) or (5) that a re-investigation is to take the form of an investigation by the appropriate authority under the direction of the Director General, the Director General must keep under review whether subsection (4) continues to apply in relation to the re-investigation.

(7) If, on such a review, the Director General Director General determines that subsection (4) no longer applies in relation to a re-investigation, the Director General must make a further determination under this section (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Director General.

(8) Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in relation to a further determination under subsection (5) or (7) as they apply in the case of a further determination under sub-paragraph (5A) or (5B) of that paragraph.

(9) The other provisions of Schedule 3 shall apply in relation to any re-investigation in pursuance of a determination under this section as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

(10) The Director General shall notify the appropriate authority of any determination that the Director General makes under this section and of the Director General's reasons for making the determination.

(11) The Director General shall also notify the following of any determination that the Director General makes under this section and of the Director General's reasons for making the determination—

(a) every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under section 21;

(b) where the determination is made in relation to a complaint, the complainant;

(12) The duty imposed by subsection (11) on the Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

(13) Subsections (6) to (8) of section 20 apply for the purposes of subsection (12) as they apply for the purposes of that section.

(14) In relation to a matter that was formerly a DSI matter but was recorded as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the reference in subsection (10) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.

(15) The reference to a report in subsection (1) includes a report on a re-investigation by virtue of this section or paragraph 25 of Schedule 3.

21A

(1) Where the Director General receives information within subsection (3), the Director General must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.

(2) Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the Director General unless the relevant authority consents to the disclosure.

(3) The information is—

(a) intelligence service information;

(b) protected information relating to a relevant warrant;

(c) information obtained from a government department which, at the time it is provided to the Director General or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—

(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or

(ii) jeopardise the safety of any person.

(4) Where the Director General or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the Director General or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.

(5) In this section—

“government department” means a department of Her Majesty's Government but does not include—the Security Service,the Secret Intelligence Service, orthe Government Communications Headquarters (“GCHQ”);

“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—the Security Service,the Secret Intelligence Service, GCHQ, orany part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;

“Minister of the Crown” includes the Treasury;

“paragraph 18 investigator” has the meaning given by subsection (2);

“protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant;

“relevant authority” means—in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State;in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed;in the case of information within subsection (3)(c)—the Secretary of State, orthe Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State);

“relevant warrant” means—a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, ora warrant under Chapter 1 of Part 6 of that Act.

21B

(1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Director General or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—

(a) make the Director General or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and

(b) provide the Director General or the paragraph 18 investigator with such additional information as will enable the Director General or the paragraph 18 investigator to identify the relevant authority in relation to the information.

(2) In this section, “intelligence service information”, “protected information relating to a relevant warrant”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.

26D

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Part 2A — Super-complaints

29A

(1) A designated body may make a complaint to Her Majesty's Chief Inspector of Constabulary that a feature, or combination of features, of policing in England and Wales by one or more than one police force is, or appears to be, significantly harming the interests of the public.

(2) See section 29B for the meaning of “designated body”.

(3) In this section-

“England and Wales” includes the adjacent United Kingdom waters within the meaning of section 30 of the Police Act 1996,

“police force” means any of the following—the metropolitan police force,a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London),the National Crime Agency,the City of London police force,the Ministry of Defence Police,the Civil Nuclear Constabulary,the British Transport Police.

29B

(1) In this Part “designated body” means a body designated in regulations made by the Secretary of State.

(2) The Secretary of State—

(a) may make or revoke such a designation if the Secretary of State considers it appropriate to do so, and

(b) must make or revoke such a designation if asked to do so by an authorised person.

(3) The Secretary of State must, in deciding whether to act under subsection (2)(a), apply criteria specified or described in regulations made by the Secretary of State.

(4) The authorised person must, in deciding whether to ask the Secretary of State to act under subsection (2)(b), apply criteria specified or described in regulations made by the Secretary of State.

(5) The Secretary of State must, before making regulations under subsection (3) or (4), consult such persons as the Secretary of State considers appropriate.

(6) In this section “authorised person” means any person specified or described in regulations made by the Secretary of State.

29C

(1) The Secretary of State may by regulations make provision about complaints under section 29A.

(2) Such provision may, in particular, include provision about—

(a) the procedure for dealing with a matter before a complaint is made under section 29A (including who is to deal with the matter),

(b) the procedure for dealing with a complaint under section 29A (including who is to deal with the matter),

(3) Regulations under this section may—

(a) confer (or enable the conferring of) functions on Her Majesty's Chief Inspector of Constabulary, the Director General of the Independent Office for Police Conduct, the College of Policing or any other person,

(b) apply (with or without modifications), in relation to any matter to be dealt with by the Director General of the Independent Office for Police Conduct under this Part, any provision made by or under Part 2.

Part 2B — Investigation of concerns raised by whistle-blowers

29D

(1) The Director General may investigate any concern raised by a whistle-blower of which the Director General becomes aware (whether because the whistle-blower has contacted the Director General or for any other reason) but only if the whistle-blower informs the Director General, before the beginning of the investigation, that he or she consents to an investigation taking place.

(2) In deciding whether to investigate, the Director General must take into account the public interest.

(3) For the purposes of this Part, a person is a “whistle-blower” if—

(a) the person is, or was at any time, under the direction and control of a chief officer of police,

(b) the person raises a concern that is about a police force or a person serving with the police,

(i) about the conditions of service of persons serving with the police, or

(ii) a matter that is, or could be, the subject of a complaint by the person under Part 2, and

(d) at the time the Director General first becomes aware of the concern, the matter to which it relates is not—

(i) under investigation under the direction of the Director General in accordance with paragraph 18 of Schedule 3,

(ii) under investigation by the Director General in accordance with paragraph 19 of that Schedule,

(iii) being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or

(iv) under investigation under this Part.

(4) Subsection (1) is subject to section 29F (which deals with the position where the concern is a conduct matter for the purposes of Part 2) and to section 29G (which deals with the position where the concern is a DSI matter for the purposes of that Part).

(5) Schedule 3A (which makes provision about the procedure etc where the Director General decides to investigate under subsection (1)) has effect.

29E

(1) If the Director General decides not to carry out an investigation under section 29D(1), the Director General must inform the whistle-blower of the decision.

(2) In such a case, the Director General may, with the consent of the whistle-blower—

(a) disclose the nature of the concern to the appropriate authority, and

(b) make recommendations in the light of the concern.

(3) In this Part, except where otherwise provided, “appropriate authority” means—

(a) if the concern relates to a chief officer or an acting chief officer, the local policing body for the area of the police force of which he or she is a member;

(b) if the concern relates to any other person, the chief officer under whose direction and control that person is;

(c) if the concern does not relate to any particular persons, the chief officer of the police force to which the concern relates.

(4) The Secretary of State may by regulations make further provision about recommendations under subsection (2).

(5) The regulations may (amongst other things)—

(a) describe the kinds of recommendations that the Director General may make under subsection (2);

(b) specify the persons to whom the recommendations may be made;

(c) authorise the Director General to require a response to any recommendation made by the Director General under subsection (2).

29F

(1) Before deciding whether to carry out an investigation under section 29D(1), the Director General must consider whether the concern is about a conduct matter for the purposes of Part 2 (see section 12(2)).

(2) If the Director General determines that the concern is about a conduct matter for the purposes of Part 2—

(a) the Director General may not carry out an investigation under section 29D(1), and

(b) the Director General must notify the appropriate authority in relation to the person whose conduct is in question of the determination.

(3) Where the appropriate authority in relation to the person whose conduct is in question is notified under subsection (2), it must record the matter under paragraph 11 of Schedule 3 to this Act as a conduct matter.

(4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a conduct matter that, in accordance with subsection (3), is recorded under paragraph 11 of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.

29G

(1) Before deciding whether to carry out an investigation under section 29D(1), the Director General must consider whether the concern is about a death or serious injury matter (“a DSI matter”) for the purposes of Part 2 (see section 12(2A)).

(2) If the Director General determines that the concern is about a DSI matter for the purposes of Part 2—

(a) the Director General may not carry out an investigation under section 29D(1), and

(b) the Director General must notify the appropriate authority in relation to the DSI matter.

(3) Where the appropriate authority in relation to the DSI matter is notified under subsection (2), it must record the matter under paragraph 14A of Schedule 3 to this Act as a DSI matter.

(4) The Secretary of State may by regulations make provision modifying Schedule 3 in relation to a DSI matter that, in accordance with subsection (3), is recorded under paragraph 14A of that Schedule but only for the purpose of making provision for the protection of the anonymity of whistle-blowers.

(5) In this section, references to the appropriate authority in relation to a DSI matter have the same meaning as in Part 2 (see section 29).

29H

(1) The power of the Director General to carry out an investigation under section 29D(1) applies where the whistle-blower dies before the Director General becomes aware of the concern (or before the Director General decides to investigate).

(2) Any investigation begun by the Director General under section 29D(1) before the death of the whistle-blower may be continued after the death.

(3) Where a whistle-blower dies—

(a) any requirement under this Part to obtain the consent of the whistle-blower may be satisfied by obtaining the consent of that person's approved representative;

(b) any requirement under this Part to give any document or other information to the whistle-blower may be satisfied by giving the document or other information to the person's approved representative;

(c) any requirement under this Part not to disclose the identity of the whistle-blower does not apply or (where the Director General became aware of the concern before the death) ceases to apply.

(4) For the purpose of this section, “approved representative” means a person who has been approved by the Director General for the purposes of this Part.

(5) The Director General may only approve a person who is—

(a) the widow or widower (or surviving civil partner) of the deceased whistle-blower,

(b) a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or

(c) any other person appearing to the Director General to have, by reason of a family or similar relationship with the deceased whistle-blower, a relevant interest in the outcome of the concern.

29I

(1) Where the Director General carries out an investigation under section 29D(1), the Director General must keep the whistle-blower properly informed about the progress of the investigation and its outcome.

(2) The Secretary of State may by regulations provide for exceptions to the duty under subsection (1).

(3) The power conferred by subsection (2) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.

(4) “The permitted non-disclosure purposes” are—

(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 for the purposes of the investigation of an allegation of misconduct against the whistle-blower or the taking of disciplinary proceedings or other appropriate action in relation to such an allegation,

(iv) is for the purposes of an investigation under Part 2 that relates to the whistle-blower,

(v) is required on proportionality grounds, or

(vi) is otherwise necessary in the public interest.

(5) 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.

29J

(1) The Secretary of State may by regulations make provision setting out the circumstances in which the Director General is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations.

(2) The information falling within this subsection is—

(a) the identity of a whistle-blower or information that might (whether alone or with other information) tend to reveal that identity;

(b) the nature of a concern raised by a whistle-blower.

(3) The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.

(4) “The permitted disclosure purposes” are—

(a) the protection of the interests of national security;

(b) the prevention or detection of crime or the apprehension of offenders;

(d) the investigation of allegations of misconduct against whistle-blowers and the taking of disciplinary proceedings or other appropriate action in relation to such allegations;

(e) investigations under Part 2 that relate to whistle-blowers;

(f) investigations under this Part;

(g) any other purpose that is for the protection of the public interest.

(5) Except as provided by regulations under subsection (1) or by any other provision of this Part, the Director General may not disclose information falling within subsection (2) unless the whistle-blower consents to the disclosure.

29K

(1) The Secretary of State may by regulations make provision setting out the circumstances in which the Director General is required or authorised to disclose information falling within subsection (2) (or any particular description of such information) to persons specified, or of a description specified, in the regulations.

(2) The information falling within this subsection is—

(a) information relating to an investigation under section 29D;

(b) information relating to the outcome of any such investigation.

(3) The power conferred by subsection (1) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.

(4) In this section, “the permitted disclosure purposes” has the same meaning as in section 29J.

(5) Except as provided by regulations under subsection (1) or by any other provision of this Part, the Director General may not disclose information falling within subsection (2).

29L

(1) The following provisions of Part 2 apply in relation to the functions of the Director General under this Part as they apply in relation to the functions of the Director General under Part 2—

(a) section 15 (general duties of local policing bodies, chief officers and inspectors);

(b) section 16 (payment for assistance with investigation);

(d) section 18 (inspection of police premises on behalf of the Director General);

(e) section 19 (use of investigatory powers by or on behalf of the Director General);

(f) section 21A (restriction on disclosure of sensitive information);

(g) section 21B (provision of sensitive information to the Director General);

(h) section 22 (power of the Director General to issue guidance);

(i) section 26 (forces maintained otherwise than by local policing bodies);

(j) section 26BA (College of Policing);

(k) section 26C (the National Crime Agency).

(2) Except as provided by subsection (1), the provision made by sections 15 to 29 of Part 2 does not apply in relation to the functions of the Director General under this Part.

29M

Before making regulations under this Part, the Secretary of State must consult—

(a) the Director General,

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

(d) the Common Council,

(e) the National Police Chiefs' Council, and

(f) such other persons as the Secretary of State thinks fit.

29N

(1) In this Part—

“appropriate authority” has the meaning given by section 29E(3);

“chief officer” means the chief officer of police of any police force; and “acting chief officer” means (as appropriate)—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, ora 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;

“conduct” has the same meaning as in Part 2 (see section 29(1));

“the Director General” means the Director General of the Independent Office for Police Conduct;

“whistle-blower” has the meaning given by section 29D(3).

(2) References in this Part to a person serving with the police have the same meaning as in Part 2 (see section 12(7)).

Suspension of senior officers

Attestation of constables

1A

(1) The non-executive members of the Office are to be appointed by the Secretary of State.

(2) A person who is a non-executive member must not be an employee of the Office (but may have been such an employee before appointment as a non-executive member).

1B

(1) The employee members of the Office are to be appointed from the staff of the Office by the non-executive members.

(2) If the non-executive members propose to appoint an employee member, the Director General must recommend a person to the non-executive members for appointment.

(3) The Director General may also recommend a person to the non-executive members for appointment as an employee member without any proposal having been made under sub-paragraph (2).

(4) On a recommendation of a person for appointment under sub-paragraph (2) or (3), the non-executive members may—

(a) appoint the person, or

(b) reject the recommendation.

(5) If the non-executive members reject a recommendation they may require the Director General to recommend another person for appointment (in which case this sub-paragraph applies again and so on until somebody is appointed).

2A

(1) A person holds office as an employee member in accordance with the terms of his or her appointment (subject to the provisions of this Schedule).

(2) Those terms may not include arrangements in relation to remuneration.

(3) An appointment as an employee member may be full-time or part-time.

(4) The appointment of an employee member terminates—

(a) if the terms of the member's appointment provides for it to expire at the end of a period, at the end of that period, and

(b) in any event, when the member ceases to be an employee of the Office.

(5) An employee member may resign by giving written notice to the non-executive members.

(6) The non-executive members may terminate the appointment of an employee member by giving the member written notice if they are satisfied that any of the grounds mentioned in paragraph 2(6)(a) to (g) apply in relation to the employee member.

3A

(1) This paragraph applies if—

(a) the office of Director General is vacant, or

(b) it appears to the Office that the ability of the Director General to carry out the Director General's functions is seriously impaired because of ill health (whether mental or physical).

(2) The Office may, with the agreement of the Secretary of State, authorise an employee of the Office to carry out the functions of the Director General during the vacancy or period of ill health.

(3) A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General.

(4) A person who has been sentenced to a term of imprisonment of three months or more may not, at any time in the five years following the day of sentence, be authorised under this paragraph to carry out the functions of the Director General.

(5) Paragraph 1(6) applies for the purposes of sub-paragraph (4).

(6) Authorisation of a person under this paragraph ceases to have effect—

(a) at the end of the vacancy or period of ill health,

(b) on the Office revoking the authorisation for any reason, or

6A

(1) The Director General may authorise a person within sub-paragraph (2) to exercise on the Director General's behalf a function of the Director General.

(2) The persons within this sub-paragraph are—

(a) employee members of the Office;

(b) employees of the Office appointed under paragraph 6;

(3) The reference in sub-paragraph (1) to a function of the Director General is to any function that the Director General has under this Act or any other enactment.

(4) A person (“A”) who is authorised under sub-paragraph (1) to exercise a function may authorise another person within sub-paragraph (2) to exercise that function (but only so far as permitted to do so by the authorisation given to A).

(5) An authorisation under this paragraph may provide for a function to which it relates to be exercisable—

(a) either to its full extent or to the extent specified in the authorisation;

(b) either generally or in cases, circumstances or areas so specified;

(6) Provision under sub-paragraph (5) may (in particular) include provision for restricted persons not to exercise designated functions.

(7) For the purposes of sub-paragraph (6)—

(a) “designated functions” are any functions of the Director General that are designated by the Director General for the purposes of this paragraph (and such functions may in particular be designated by reference to the position or seniority of members of staff);

(b) “restricted persons” are, subject to any determination made under sub-paragraph (8), persons who fall within section 9(3).

(8) The Director General may, in such circumstances as the Director General considers appropriate, determine that persons are not to be treated as restricted persons so far as relating to the exercise of designated functions (whether generally or in respect of particular functions specified in the determination).

(9) The Director General must publish a statement of policy about how the Director General proposes to exercise the powers conferred by sub-paragraphs (7)(a) and (8).

(10) The statement must in particular draw attention to any restrictions on the carrying out of functions imposed by virtue of their designation under sub-paragraph (7)(a) and explain the reasons for imposing them.

(11) The exercise of the powers conferred by sub-paragraphs (7)(a) and (8) is subject to any regulations under section 23(1) of the kind mentioned in section 23(2)(g) (regulations limiting persons who may be appointed to carry out investigations etc).

(12) An authorisation under this paragraph does not prevent the Director General from exercising the function to which the authorisation relates.

(13) Anything done or omitted to be done by or in relation to a person authorised under this paragraph in, or in connection with, the exercise or purported exercise of the function to which the authorisation relates is to be treated for all purposes as done or omitted to be done by or in relation to the Director General.

(14) Sub-paragraph (13) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person.

7A

(1) A person holding office as the Director General has no personal liability for an act or omission done by the person in the exercise of the Director General's functions unless it is shown to have been done otherwise than in good faith.

(2) The Office is liable in respect of unlawful conduct of the Director General in the carrying out, or purported carrying out, of the Director General's functions in the same way as an employer is liable in respect of any unlawful conduct of employees in the course of their employment.

(3) Accordingly, the Office is to be treated, in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.

Power of Director General to treat complaint as having been referred

4A

(1) The Director General may treat a complaint that comes to the Director General's attention otherwise than by having been referred to the Director General under paragraph 4 as having been so referred.

(2) Where the Director General treats a complaint as having been referred to the Director General—

(a) paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and

(b) paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Director General by the appropriate authority under paragraph 4.

(3) The Director General must notify the following that the Director General is treating a complaint as having been referred to the Director General—

(a) the appropriate authority;

(b) the complainant;

(c) except in a case where it appears to the Director General that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.

Reviews relating to complaints dealt with other than by investigation

6A

(1) This paragraph applies where a complaint is handled by the appropriate authority in accordance with paragraph 6(2A) otherwise than by the authority making arrangements for the complaint to be investigated by the authority on its own behalf.

(2) The complainant has the right to apply to the relevant review body for a review of the outcome of the complaint.

(3) The relevant review body must notify the following of an application for a review under sub-paragraph (2)—

(a) the appropriate authority,

(b) every person entitled to be kept properly informed in relation to the complaint under section 21, and

(4) On a review applied for under sub-paragraph (2), the relevant review body must determine whether the outcome is a reasonable and proportionate outcome.

(5) Where the Director General is the relevant review body and the Director General finds that the outcome is not a reasonable and proportionate outcome, the Director General may—

(a) determine that it is necessary for the complaint to be investigated;

(b) make a recommendation under paragraph 28ZA.

(6) Where a local policing body is the relevant review body and the local policing body finds that the outcome is not a reasonable and proportionate outcome, the local policing body may—

(a) where the complaint has not previously been referred to the Director General under paragraph 4, make a recommendation to the appropriate authority that it refer the complaint to the Director General under sub-paragraph (2) of that paragraph;

(b) make a recommendation to the appropriate authority that it make arrangements for the complaint to be investigated by the authority on its own behalf;

(7) The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (6)(a) or (b).

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