The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017

for “Independent Police Complaints Commission” substitute “Independent Office for Police Conduct”.

The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017

35

• (1) The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017[^f00046] is amended as follows.

• (2) In article 35, in paragraph 4(1)(b) of the modification for “Independent Police Complaints Commission” substitute “Director General of the Independent Office for Police Conduct”.

• (3) In article 51(2)(f), in the inserted paragraph 24A of the modification for “IPCC” substitute “Director General of the Independent Office for Police Conduct”.

The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017

36

• (1) The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017[^f00047] are amended as follows.

• (2) For—

• (a) “Commission” in each place where it occurs substitute “Director General”;

• (b) “Commission’s” in each place where it occurs substitute “Director General’s”;

• (c) “it” in each place where it occurs and is used as a pronoun in place of “the Commission” substitute “the Director General”;

• (d) “its” in each place where it occurs and is used to mean “the Commission’s” substitute “the Director General’s”.

• (3) Omit “itself” in each place where it occurs.

• (4) The amendments made by virtue of paragraphs (2)(a), (b) and (d) and (3) do not apply to occurrences of “Commission”, “Commission’s”, “its” or “itself” amended by another provision within this regulation.

• (5) In regulation 2—

• (a) omit the definition of “the Commission”;

• (b) at the appropriate places insert—

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

; and

• “IOPC” means the Independent Office for Police Conduct

• (6) In regulation 5(1) for “Independent Police Complaints Commission” in both places where it occurs substitute “Independent Office for Police Conduct”.

• (7) In regulation 6—

• (a) after paragraph (3) insert—

(3A) In carrying out functions under these Regulations the Director General must have regard to any advice provided to the Director General by the Office (see regulation 6A(1)(a))

; and

• (b) in paragraph (5) for “Commission” where it first occurs substitute “IOPC”.

• (8) After regulation 6 insert—

(6A) (1) The functions of the IOPC are— (a) to provide support and advice to the Director General in the carrying out of the Director General’s functions, and (b) to monitor and review the carrying out of such functions. (2) The IOPC is to perform its functions under these Regulations 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). (3) In carrying out its functions under these Regulations the IOPC must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. (4) The IOPC may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions under these Regulations. (6B) The Director General and the IOPC must carry out their functions under these Regulations efficiently and effectively.

• (9) In regulation 7—

• (a) for paragraphs (1) and (2) substitute—

(1) As soon as practicable after the end of each of the IOPC’s financial years, the Director General and the IOPC must also 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) by the Director General about the carrying out of the Director General’s functions.

; and

• (b) for paragraph (6) substitute—

(6) The IOPC must send a copy of every report under paragraph (1) to the Chief Executive. (6A) The Director General must send a copy of every report under paragraph (3) to the Chief Executive.

• (10) In regulation 9(2) for “Commission’s” substitute “IOPC’s”.

• (11) In regulation 10—

• (a) in paragraph (1)(c) for “Commission’s” substitute “IOPC’s”; and

• (b) in paragraph (3) for “Commission” where it first occurs substitute “IOPC”.

• (12) In regulation 23, for paragraph (3) substitute—

(3) Subject to regulations 24 and 25 (disapplication of the requirements of these Regulations), the Chief Executive must determine whether or not the complaint is suitable for being subjected to local resolution.

• (13) In regulations 29(3)(d) and 32(2)(d) for “guidance by the Commission” substitute “guidance issued by the Director General”.

• (14) In regulation 44—

• (a) for paragraph (2) substitute—

(2) The Director General must designate both— (a) a person to take charge of the investigation; and (b) such members of the IOPC’s staff as are required by the Director General to assist the person designated to take charge of the investigation. (2A) The person designated under paragraph (2) to take charge of an investigation must be— (a) the Director General acting personally; or (b) a person who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 to the 2002 Act (delegation of Director General’s functions).

• (b) in paragraph (3) for “member of the Commission’s staff” substitute “person”; and

• (c) in paragraph (4) for “member of the Commission’s staff” substitute “person designated under paragraph (2).

• (15) In regulation 53(1) after “the person investigating” in both places where it occurs insert “, or in the case of an investigation by a designated person under regulation 44 the Director General,”.

• (16) In Regulation 58(1)(b) for “the Commission itself” substitute “a person designated under regulation 44”.

• (17) In regulation 60—

• (a) in paragraph (1), after “or recordable conduct matter” insert “or, in the case of an investigation by a designated person under regulation 44, the Director General”; and

• (b) in paragraph (3)(a) for “that person’s belief” substitute “the belief referred to in paragraph (1).

• (18) In regulation 67—

• (a) in paragraph (1) omit “or designated under regulation 44 (investigations by the Commission itself)”;

• (b) after paragraph (2) insert—

(2A) If during the course of an investigation of a DSI matter by a person designated under regulation 44 the Director General determines that the person whose conduct is in question may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must proceed under sub-paragraph (2B). (2B) The Director General must— (a) prepare a record of the determination; (b) notify the Chief Executive of the determination; and (c) send to the Chief Executive a copy of the record of the determination prepared under paragraph (a).

; and

• (c) in paragraph (5)(a), after “paragraph (2)” insert “or (2B)”.

• (19) In regulation 68—

• (a) for paragraph (4) substitute—

(4) A person designated under regulation 44 as the person in charge of an investigation (investigations by the Director General) must— (a) submit a report on the investigation to the Director General; or (b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.

• (b) in paragraph (5), after “a person submitting” insert “or, in the case of an investigation under regulation 44 by the Director General acting personally, completing”; and

• (c) in paragraph (7), after “a person who has submitted” insert “or, in the case of an investigation under regulation 44 by the Director General acting personally, completed”.

• (20) In regulation 71—

• (a) for paragraph (2)(a) substitute—

(a) submit a report on the investigation to the Director General or, where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation;

• (b) in paragraph (3), after “A person submitting” insert “or, where the person in charge of the investigation is the Director General acting personally, completing”; and

• (c) in paragraph (4), after “On receipt” insert “, or completion,”.

PART 3 — Transitional provisions

37

• (1) Anything done (or having effect as if done) before the coming into force of these Regulations by, or in relation to, a transferor in connection with a function transferred to the Director General by these Regulations is to have effect, so far as necessary for continuing its effect after the coming into force of these Regulations, as if done by, or in relation to, the Director General.

• (2) Anything which, immediately before the coming into force of these Regulations, is in the process of being done by, or in relation to, a transferor in connection with a function transferred to the Director General by these Regulations may be continued by, or in relation to, the Director General.

• (3) Any enactment, instrument or other document passed or made before the coming into force of these Regulations is to have effect, so far as necessary for the purposes of or in consequence of paragraphs (1) and (2), as if any references (however expressed) to a transferor were references to the Director General.

• (4) Anything which immediately before the coming into force of these Regulations, is in the process of being done by, or in relation to, the Commission in connection with a function which after the coming into force of these Regulations is exercisable by that body (as renamed the Independent Office for Police Conduct[^f00048]) and the Director General jointly may be continued by, or in relation to, that body and the Director General acting jointly.

• (5) In this regulation “transferor” means—

• (a) the Commission;

• (b) any other person from whom a function is transferred to the Director General by these Regulations.

38

• (1) Any person who, before the date on which these Regulations come into force, has been designated by the Commission under a relevant provision in respect of an investigation is, if the investigation is not completed or discontinued before that date, to be treated on or after that date as having been designated by the Director General under that provision (as amended by these regulations) whether or not the person satisfies any conditions for designation under that provision.

• (2) For the purposes of paragraph (1), the relevant provisions are—

• (a) regulation 42 of the UK Border Agency (Complaints and Misconduct) Regulations 2010[^f00049];

• (b) regulation 48 of the Revenue and Customs (Complaints and Misconduct) Regulations 2010[^f00050];

• (c) regulation 20 of the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012[^f00051];

• (d) regulation 44 of the National Crime Agency (Complaints and Misconduct) Regulations 2013[^f00052];

• (e) regulation 45 of the Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015[^f00053]; and

• (f) regulation 44 of the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017[^f00054].

• (3) Paragraph (1) does not prevent the Director General from making a further designation in respect of an investigation under any of the relevant provisions after the coming into force of these Regulations.

Signed

Nick Hurd — Minister of State — Home Office — 12th December 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to secondary legislation, mainly consequential to amendments to the Police Reform Act 2002 made by the Policing and Crime Act 2017.

The amendments made by regulations 23(7) and (8), 27(2), 33(20), (21)(b) and (c) and (26)(c) and (d) transfer responsibility for certain actions (in certain circumstances) from the person carrying out an investigation into a complaint or matter to the Director General of the Independent Office for Police Conduct.

Regulation 23(9) adds a requirement into regulation 20 of the Police (Complaints and Misconduct) Regulations 2012 that the Director General provide an opinion as to whether or not there is a case to answer in respect of misconduct or gross misconduct.

In regulation 24, paragraphs (4), (5) and (6) make amendments to the Police (Conduct) Regulations 2012 consequential to the amendment made to regulation 23(9) above.

Regulation 36(12) corrects an error in 23(3) of the Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017 to provide that the Chief Executive must determine whether or not the complaint is suitable for being subjected to local resolution.

Part 3 makes transitional provisions.

Regulation 37(1) and (2) provide that actions by, and in relation to, the Commission, or any other person, carried out before, or ongoing at the time of, the commencement of the relevant provisions of the Policing and Crime Act 2017 which following commencement will be carried out by, or in relation to the Director General of the Independent Office for Police Conduct are treated as having been carried out by, or in relation to, the Director General.

Regulation 37(3) provides that various references to the Commission, or another person from whom functions have been transferred to the Director General, are, for the purposes of regulation 38(1) and (2) to be read as references to the Director General.

Regulation 37(4) provides that where, at the time of commencement anything is in the process of being done by, or in relation to, the Commission which after commencement will be done by the Office and the Director General jointly, it can continue to be done by, or in relation to, the Office and Director General.

Regulation 38 provides that where a person is designated to carry out an investigation under the provisions specified in paragraph (2) of that regulation before commencement, that person is to be treated as having been designated by the Director General under that provision as it reads after commencement.

Footnotes

[^f00001]: 1996 c. 16.

[^f00002]: 2002 c. 30.

[^f00003]: 2017 c. 3.

[^f00004]: Section 9 was amended by the Policing and Crime Act 2017 (c. 3).

[^f00005]: S.I. 1975/1023.

[^f00006]: S.I. 1990/200.

[^f00007]: S.I. 2004/643.

[^f00008]: S.I. 2012/1204.

[^f00009]: The Police (Complaints and Misconduct) Regulations 2004 apply in the cases mentioned in regulation 2(2) of the Police (Complaints and Misconduct) Regulations 2012 with the modifications set out in regulation 2(3) and (4) of those regulations.

[^f00010]: S.I. 2004/671.

[^f00011]: S.I. 2004/645.

[^f00012]: S.I. 2008/2864.

[^f00013]: The Police (Conduct) Regulations 2004 apply in the cases mentioned in regulation 2(2) of the Police (Conduct) Regulations 2008 and regulation 2(2) of the Police (Conduct) Regulations 2012 with the modifications set out in Part 2 of Schedule 1 to, the Police (Conduct) Regulations 2012.

[^f00014]: S.I. 2004/660.

[^f00015]: S.I. 2004/652.

[^f00016]: S.I. 2009/3070.

[^f00017]: S.I. 2004/815.

[^f00018]: S.I. 2008/2863.

[^f00019]: S.I. 2012/2630.

[^f00020]: S.I. 2008/2864.

[^f00021]: S.I. 2012/2632.

[^f00022]: The Police (Conduct) Regulations 2008 apply in the cases mentioned in regulation 2(2) of the Police (Conduct) Regulations 2012 with the modifications set out in regulation 2(3) to (7) of, and Part 1 of Schedule 1 to, those regulations.

[^f00023]: S.I. 2009/3069.

[^f00024]: S.I. 2015/25.

[^f00025]: S.I. 2009/3070.

[^f00026]: S.I. 2010/480.

[^f00027]: S.I. 2010/521.

[^f00028]: S.I. 2010/782.

[^f00029]: S.I. 2010/1813.

[^f00030]: S.I. 2011/2744.

[^f00031]: S.I. 2011/3050.

[^f00032]: S.I. 2012/62.

[^f00033]: S.I. 2012/808.

[^f00034]: S.I. 2012/1204.

[^f00035]: S.I. 2012/2632.

[^f00036]: S.I. 2012/2630.

[^f00037]: S.I. 2012/2631.

[^f00038]: S.I. 2013/281.

[^f00039]: S.I. 2013/1163.

[^f00040]: S.I. 2013/1778.

[^f00041]: S.I. 2013/2325.

[^f00042]: S.I. 2014/2402.

[^f00043]: S.I. 2015/25.

[^f00044]: S.I. 2015/431.

[^f00045]: S.I. 2015/445.

[^f00046]: S.I. 2017/470.

[^f00047]: S.I. 2017/521.

[^f00048]: The Independent Police Complaints Commission was renamed the Independent Office for Police Conduct by virtue of section 9(2) of the Police Reform 2002 Act (c. 30).

[^f00049]: S.I. 2010/782.

[^f00050]: S.I. 2010/1813.

[^f00051]: S.I. 2012/62.

[^f00052]: S.I. 2013/2325.

[^f00053]: S.I. 2015/431.

[^f00054]: S.I. 2017/521.