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The Service Police (Complaints etc.) Regulations 2023

Type Statutory-Instrument

Publication 2023-06-07

Last updated 2023-11-22

State In force

Department King's Printer of Acts of Parliament

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(d) every inspector of constabulary carrying out functions in relation to a service police force or the tri-service serious crime unit.

(2) Those matters are—

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

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

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

(3) Where it appears to the Defence Council or a Board that—

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

(b) that obligation is an obligation on a Provost Marshal for whom it is the appropriate authority; and

it may direct that Provost Marshal to take such steps as it thinks appropriate.

(4) A Provost Marshal must comply with any direction given under paragraph (3).

(5) Where an appropriate authority requires a Provost Marshal to provide a member of a service police force under their direction for appointment under regulation 33 or 34 as an investigator in relation to a complaint, conduct or DSI matter, it is the duty of the Provost Marshal to whom the requirement is directed to comply with it.

(6) The following bodies or persons must provide the Commissioner and the Commissioner’s staff with all such assistance as the Commissioner may reasonably require for the purposes of, or in connection with, the carrying out of any investigation by the Commissioner under this Part or any review under regulation 64—

(a) the Defence Council;

(b) the Boards; and

(7) The following bodies or persons must ensure that a person appointed under regulation 33 or 34 to carry out an investigation is given all such assistance and co-operation in the carrying out of that investigation as that person may reasonably require—

(a) the Defence Council;

(b) the Boards; and

(8) The duties imposed by paragraphs (6) and (7) on the Defence Council in relation to the tri-service serious crime unit, a Board in relation to its service police force and a Provost Marshal of a service police force or the tri-service serious crime unit, have effect—

(a) irrespective of whether the investigation or review (as the case may be) relates to the conduct of a person who is or has been a member of that service police force or serves or served in the tri-service serious crime unit;

(b) in the case of an investigation, irrespective of whether the person appointed to investigate is under the direction of the Provost Marshal on whom the duties are imposed; and

(c) in the case of a review applied for under regulation 64(1) in respect of an investigation, irrespective of whether the person appointed to carry out the investigation was under the direction of the Provost Marshal on whom the duties are imposed;

but a Provost Marshal of a third service police force may be required to give assistance and co-operation under paragraph (7) to a person only with the approval of the Provost Marshal of the force of which that person is a member or, where that person is serving with the tri-service serious crime unit, the Provost Marshal of that unit.

(9) In paragraph (8) “third service police force” includes the tri-service serious crime unit and, in relation to an investigation, means a service police force other than—

(a) the service police force which the person carrying out the investigation is a member of or serves with; or

(b) the service police force which the person whose conduct is under investigation was a member of or served with at the time of the conduct.

Provision of information to the Commissioner

74

(1) The Defence Council, a Board or a Provost Marshal must, on receipt of a notification given by the Commissioner—

(a) provide the Commissioner with all such information and documents specified or described in that notification; and

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

as appear to the Commissioner to be required by the Commissioner for the purposes of the carrying out of any of the Commissioner’s functions.

(2) Anything falling to be provided, produced or delivered up in pursuance of a requirement imposed under paragraph (1) must be provided, produced or delivered up in such form, in such manner and within such period as may be specified in—

(a) the notification imposing the requirement; or

(b) in any subsequent notification given by the Commissioner to that body or person for the purposes of this paragraph.

(3) Nothing in this regulation requires the Defence Council, a Board or a Provost Marshal—

(a) to provide the Commissioner with any information or document, or to produce or deliver up any other thing, before the earliest time at which it is practicable to do so; or

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

(4) A requirement imposed by any notification under this regulation may authorise or require information or documents to which it relates to be provided to the Commissioner electronically.

Inspections of service police premises on behalf of the Commissioner

75

(1) Where—

(a) the Commissioner requires—

(i) the Defence Council;

(ii) a Board; or

(iii) a Provost Marshal,

to allow a person nominated for the purpose by the Commissioner to have access to any premises under their control that are occupied for the purposes of a service police force or the tri-service serious crime unit and to documents and other things on those premises, and

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

the Defence Council, the Board or the Provost Marshal so required by the Commissioner in sub-paragraph (a) must secure that the required access is allowed to the nominated person.

(2) Those purposes are—

(a) the purposes of any examination by the Commissioner of the efficiency and effectiveness of the arrangements made by the force or tri-service serious crime unit in question for handling complaints or dealing with recordable conduct matters or DSI matters;

(b) the purposes of any investigation by the Commissioner under this Part or of any investigation carried out under the Commissioner’s direction;

(3) A requirement imposed by the Commissioner under this regulation for the purposes mentioned in paragraph (2)(a) must be notified to the Defence Council, the Board or the Provost Marshal at least 48 hours before the time at which access is required.

(4) Where—

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

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

the obligation to secure that the required access is allowed has effect as an obligation to secure that the access is allowed to that person at the earliest practicable time after there ceases to be any such grounds as that body or person may specify.

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

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

(i) a person designated for the purposes of regulation 36; or

(ii) any person who otherwise acts on behalf of the Commissioner;

in their capacity as a member of a service police force or as a person with the powers and privileges of a member of a service police force; or

(b) the obligations of the Defence Council, the Boards and the Commissioner under regulations 73 and 74.

Records to be kept by the Defence Council, Boards and Provost Marshals

76

The Defence Council, the Boards, the Provost Marshals for each service police force and the Provost Marshal for serious crime, must keep records, in such form as the Commissioner determines, of—

(a) every complaint that is recorded by the appropriate authority under regulation 12(7) or 14(4);

(b) every complaint that is made to the appropriate authority which is—

(i) not recorded under regulation 12(7) or 14(4); and

(ii) of a description determined by the Commissioner;

(c) every matter purporting to be a complaint that is made to the Defence Council, a Board or a Provost Marshal which is of a description determined by the Commissioner;

(d) every conduct matter recorded by the appropriate authority under regulations 21(4), (5) or (7), 22(4), (6) or (7) or 25(4);

(e) every DSI matter recorded by the appropriate authority under regulations 27 or 30(4);

(f) every exercise of a power or performance of a duty under this Part by the Defence Council, a Board or a Provost Marshal.

Duty to keep the complainant informed

77

(1) In any case in which there is an investigation of a complaint in accordance with this Part by the Commissioner or under the Commissioner’s direction, the Commissioner must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (5).

(2) In any case in which there is an investigation of a complaint, in accordance with this Part by the appropriate authority on its own behalf, the appropriate authority must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (5).

(3) Where paragraph (2) applies, the Commissioner must give the appropriate authority all such directions as the Commissioner considers appropriate for securing that that authority complies with its duty under that paragraph, and the appropriate authority must comply with any direction given to it under this paragraph.

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

(a) in accordance with regulation 17(3) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf; or

(b) otherwise than in accordance with regulation 12(9),

the appropriate authority must provide the complainant with all such information as will keep the complainant properly informed, while the complaint is being handled and subsequently, of all the matters mentioned in paragraph (5).

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

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

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

(c) in relation to any right to apply for a review conferred on the complainant by regulation 18 or 64 (as the case may be)—

(i) the identity of the relevant review body;

(ii) where the appropriate authority has determined that the Commissioner is not the relevant review body, the fact that there is no right to apply to the Commissioner for a review;

(iii) the time limit for applying for a review; and

(iv) the effect of regulation 65(5);

(d) the progress of any disciplinary or criminal proceedings brought in relation to, or arising from, any matter which was the subject of the complaint, recordable conduct matter or DSI matter;

(e) the outcome of any such proceedings;

(f) where an appeal is brought against the outcome of any such proceedings, the fact and outcome of the appeal.

(6) The generality of paragraph (5)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of this Part.

(7) The duties imposed by this regulation on the Commissioner and the appropriate authority in relation to any complaint must be performed in such manner as provided for by regulation 79, and have effect subject to the exceptions set out in regulation 80 (exceptions to duties to keep the complainant and interested person informed).

(8) In any case in which there is an investigation of a complaint, the Commissioner or the appropriate authority may comply with their duty under paragraph (1) or (2) (as the case may be) so far as relating to the findings of a report of the investigation submitted (or completed) under regulation 56, by sending the complainant a copy of the report.

(9) Paragraph (8) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to regulations 80 and 81.

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

Duty to provide information for other persons

78

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

(a) it appears to the Commissioner or to an appropriate authority that the person is a person falling within paragraph (2) or (3); and

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

(2) A person falls within this paragraph if (in the case of a complaint that relates to conduct of a member of a service police force or a recordable conduct matter) that person—

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

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

(3) A person falls within this paragraph if (in the case of a DSI matter) that person—

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

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

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

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

(b) that person has indicated consent to the provision of information to that person in accordance with this regulation.

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

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

(a) by the Commissioner, or

(b) under the Commissioner’s direction,

the Commissioner must provide the interested person with all such information as will keep the interested person properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (10).

(7) In any case in which there is an investigation of the complaint, recordable conduct matter or DSI matter in accordance with this Part by the appropriate authority on its own behalf, the appropriate authority must provide the interested person with all such information as will keep that person properly informed, while the investigation is being carried out and subsequently, of all the matters mentioned in paragraph (10).

(8) Where paragraph (7) applies, the Commissioner must give the appropriate authority all such directions as the Commissioner considers appropriate for securing that that authority complies with its duty under that paragraph; and the appropriate authority must comply with any direction given to it under this paragraph.

(9) In any case in which—

(a) the complaint is being handled in accordance with regulation 17(3) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by the authority on its own behalf, or

(b) the recordable conduct matter or DSI matter is being handled in a manner determined by the appropriate authority in accordance with regulation 21(8), 22(8), 26(4) or 31(4) otherwise than by the appropriate authority making arrangements for the matter to be investigated by the authority on its own behalf,

the appropriate authority must provide the interested person with all such information as will keep that person properly informed, while the complaint, recordable conduct matter or DSI matter is being handled and subsequently, of all the matters mentioned in paragraph (10).

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

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

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

(c) in the case of a complaint, in relation to any right to apply for a review conferred on the complainant by regulation 18 or 64—

(i) the identity of the relevant review body;

(ii) where the appropriate authority has determined that the Commissioner is not the relevant review body, the fact that there is no right to apply to the Commissioner for a review;

(iii) the time limit for applying for a review; and

(iv) the effect of regulation 65(5);

(d) the progress of any disciplinary or criminal proceedings brought in relation to, or arising from, any matter which was the subject of the complaint, recordable conduct matter or DSI matter;

(e) the outcome of any such proceedings;

(f) where an appeal is brought against the outcome of any such proceedings, the fact and outcome of the appeal.

(11) The generality of paragraph (10)(a) and (b) is not affected by any requirement to notify an interested person that is imposed by any other provision of this Part.

(12) The duties imposed by this regulation on the Commissioner and the appropriate authority in relation to any complaint, recordable conduct matter or DSI matter—

(a) must be performed in such manner as provided for by regulation 79; and

(b) have effect subject to the exceptions set out in regulation 80.

(13) Paragraph (10) of regulation 77 applies for the purpose of this regulation as it applies for the purpose of that regulation.

(14) In any case in which there is an investigation of a complaint, recordable conduct matter or DSI matter, the Commissioner or the appropriate authority may comply with their duty under paragraph (6) or (7) (as the case may be) so far as relating to the findings of a report of the investigation submitted (or completed) under regulations 56 or 60, by sending an interested person a copy of the report.

(15) Paragraph (14) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to regulation 80 and 81.

(16) In this regulation “relative” means any spouse, partner, parent or adult child.

Manner in which duties to keep the complainant and interested person informed are to be performed

79

(1) For the purposes of regulations 77(7) and 78(12), the provisions of this regulation specify the manner in which the duties imposed on the Commissioner and the appropriate authority by those regulations are to be performed.

(2) The Commissioner or appropriate authority (as the case may be) must inform the complainant or interested person of—

(a) the progress of the handling of the complaint, recordable conduct matter or DSI matter and any of the matters mentioned in regulation 77(5)(d) or 78(10)(d) promptly and in any event—

(i) if there has been no previous notification, within four weeks of the start of the handling of the complaint, proceedings or procedures; and

(ii) in any other case, within four weeks of the previous notification;

(b) the following matters—

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

(ii) the matter mentioned in regulation 77(5)(e) or 78(10)(e); and

(iii) the matters mentioned in regulation 77(5)(f) or 78(10)(f),

promptly and in any event within five working days of the outcome (and, where applicable, the bringing of the appeal).

(3) The information required by paragraph (2) must be given in writing, unless, in the case of a complaint, the complaint—

(a) was made otherwise than in writing; and

(b) is being handled otherwise than in accordance with this Part.

(4) The appropriate authority must inform the complainant in writing of—

(a) any right to apply for a review conferred on the complainant by regulation 18 or 64; and

(b) the matters mentioned in regulation 77(5)(c) or 78(10)(c),

promptly and in any event within five working days of the outcome of the handling of the complaint.

(5) In performing the duties imposed by regulation 77(1), (2) and (4), and 78(6), (7) and (9), the Commissioner or appropriate authority (as the case may be) must determine whether it is appropriate to offer, or grant a request for, a meeting with a complainant or interested person.

(6) As soon as practicable after any such meeting, the Commissioner or appropriate authority (as the case may be) must send the complainant or interested person a written record of the meeting and an account of how any concerns of that person will be addressed.

Exceptions to duties to keep the complainant and interested person informed

80

(1) The exceptions to the duties imposed by regulations 77(7) and 78(12) are where in the opinion of the Commissioner or appropriate authority (as the case may be) the non-disclosure of information is necessary for a purpose mentioned in paragraph (2).

(2) The purposes are—

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

(b) preventing the disclosure of information in any circumstances in which its non-disclosure—

(i) is in the interests of national security;

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

(iii) is required on proportionality grounds; or

(iv) is otherwise necessary in the public interest.

(3) The Commissioner or appropriate authority (as the case may be) may only conclude that the non-disclosure of information is necessary under paragraph (1) if satisfied that—

(a) there is a real risk of the disclosure of that information causing an adverse effect, and

(b) that adverse effect would be significant.

(4) For the purposes of paragraph (2)(b)(iii), 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 benefit arising from its disclosure.

(5) The Commissioner or appropriate authority (as the case may be) must consider whether the non-disclosure of information is justified under paragraph (2) in circumstances where—

(a) that information is relevant to, or may be used in, any actual or prospective administrative action procedures;

(b) the disclosure of that information may lead to the contamination of the evidence of witnesses during such procedures;

(d) that information constitutes criminal intelligence.

Restrictions on disclosure of sensitive information

81

(1) Where the Commissioner receives information within paragraph (3), the Commissioner must not disclose (whether under regulations 7, 77, 78 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 regulation 34 to investigate a complaint or matter (a “regulation 34 investigator”) receives information within paragraph (3), the regulation 34 investigator must not disclose the information, or the fact that it has been received, to any person other than the Commissioner 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 Commissioner or the regulation 34 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 Commissioner or a regulation 34 investigator discloses to another person information within paragraph (3), or the fact that the Commissioner or the regulation 34 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 regulation—

“government department” means a department of His Majesty’s Government but does not include— the Security Service; the Secret Intelligence Service; or the 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; or any part of His Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities;

“Minister of the Crown” includes the Treasury;

“regulation 34 investigator” has the meaning given by paragraph (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[^f00015] 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 His 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 paragraph (3)(c)— the Secretary of State; or the 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; or a warrant under Chapter 1 of Part 6 of that Act.

Provision of sensitive information to the Commissioner and certain investigators

82

(1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Commissioner or a regulation 34 investigator (whether under a provision of this Part or otherwise) must—

(a) make the Commissioner or the regulation 34 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 Commissioner or the regulation 34 investigator with such additional information as will enable the Commissioner or the regulation 34 investigator to identify the relevant authority in relation to the information.

(2) In this regulation, “intelligence service information”, “protected information relating to a relevant warrant”, “regulation 34 investigator” and “relevant authority” have the same meaning as in regulation 81.

Register to be kept by the Commissioner

83

(1) The Commissioner must maintain a register of all information provided to the Commissioner by the Defence Council, a Board or a Provost Marshal under this Part.

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

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

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

(d) improving the complaints system.

(3) Information may not be published or disclosed in circumstances where, in the opinion of the Commissioner, the non-disclosure of the information is necessary for a purpose mentioned in regulation 80(2).

Delegation of exercise or performance of powers and duties by Provost Marshals

84

(1) Subject to the following provisions of this regulation, a Provost Marshal may delegate the exercise or performance of all or any of the powers and duties conferred or imposed on that Provost Marshal by or under this Part to—

(a) in the case of a complaint or conduct matter concerning the conduct of a senior officer, another senior officer;

(b) in any other case a member of a service police force of at least the rank of—

(i) Lieutenant in relation to the Royal Navy Police;

(ii) Captain in relation to the Royal Military Police;

(iii) Flight Lieutenant in relation to the Royal Air Force Police.

(2) Subject to paragraph (3), where a complaint is being handled by a Provost Marshal—

(a) in accordance with regulation 17(3) otherwise than by the appropriate authority making arrangements for the complaint to be investigated by that authority on its own behalf; or

(b) otherwise than in accordance with this Part,

that person may delegate the exercise or performance of all or any of the powers and duties conferred or imposed on them by or under this Part to any member of a service police force.

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

Power of the Commissioner to issue guidance

85

(1) The Commissioner may issue guidance to—

(a) the Defence Council;

(b) the Boards;

(d) other members of the service police forces,

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

(2) Those powers and duties are—

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

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

(i) the handling of complaints;

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

(iii) the detection or deterrence of misconduct by members of the service police forces.

(3) Before issuing any guidance under this section, the Commissioner must consult with—

(a) such persons as appear to the Commissioner to represent the views of the Defence Council and the Boards;

(b) the Provost Marshals; and

(4) The approval of the Secretary of State is required for the issue by the Commissioner of any guidance under this regulation.

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

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

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

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

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

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

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

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

(6) Nothing in this regulation authorises the issuing of any guidance about a particular case.

(7) Every person to whom any guidance under this regulation is issued must have regard to that guidance in exercising or performing the powers and duties to which the guidance relates.

(8) A failure by a person to whom guidance under this regulation is issued to have regard to the guidance, is admissible in evidence in any administrative action procedures.

Consequential amendments

86

In consequence of provisions of this Part, Schedule 2 has effect.

PART 4 — Super-complaints

CHAPTER 1 — Interpretation

Interpretation of this Part

87

In this Part—

“super-complaint” means a complaint made to the Chief Inspector under regulation 88;

“trade union” has the meaning given in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992[^f00016].

CHAPTER 2 — Power to make super-complaints

Power to make super-complaints

88

(1) A body designated by the Secretary of State in accordance with this Part may make a super-complaint to the Chief Inspector that a feature, or combination of features, of policing by one or more than one relevant body[^f00017] is, or appears to be, significantly harming the interests of the public.

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

(3) The Secretary of State must, in deciding whether to act under paragraph (2), apply the criteria specified in regulation 89, or the criterion specified in regulation 90, as the case may be.

(4) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, the name of each body designated and the revocation of any such designation.

Criteria for the making of designations

89

The following criteria must be applied by the Secretary of State in deciding whether to make a designation—

(a) that the body is competent in, and has considerable experience of, representing the interests of the public;

(b) that the body would represent the interests of the public effectively in its role as a designated body and, in particular, would work to improve policing;

(c) that the composition of the body and the arrangements for its governance and accountability are such that it can be relied upon to act independently and with integrity in its role as a designated body;

(d) that the body has the capability necessary to carry out its role as a designated body effectively;

(e) that the body has made arrangements for the appropriate storage and handling of data that it may obtain in its role as a designated body;

(f) that the body can be relied upon to have regard to any guidance in relation to the making of super-complaints under regulation 88(1) which is given to designated bodies by the Chief Inspector;

(g) that the body is not—

(i) a trade union; or

(ii) an association (other than a trade union) which represents the interests of members of a service police force;

(h) that the body would—

(i) collaborate effectively with bodies which are not designated bodies but which are, or may be, aware of matters which could form the basis of a super-complaint; and

(ii) where appropriate, make a super-complaint on the basis of matters raised with it by such bodies.

Criterion for the revocation of designations

90

The criterion specified for the revocation of a designation is that one or more of the following sets of circumstances apply in relation to the body—

(a) it is failing to represent the interests of the public effectively in its role as a designated body;

(b) it is failing to act independently and with integrity in that role;

(d) it no longer has effective arrangements for the appropriate storage and handling of data that it may obtain in its role as a designated body;

(e) it is failing to have regard to guidance in relation to the making of super-complaints under regulation 88(1) which is given to designated bodies by the Chief Inspector;

(f) it has become—

(i) a trade union; or

(ii) an association (other than a trade union) which represents the interests of members of a service police force;

(g) it is—

(i) failing to collaborate effectively with bodies which are not designated bodies but which are, or may be, aware of matters which could form the basis of a super-complaint; or

(ii) failing to make super-complaints in appropriate cases on the basis of matters raised with it by such bodies.

Guidance about super-complaints

91

(1) The Chief Inspector may give guidance in relation to the making of super-complaints, to bodies designated by the Secretary of State in accordance with this Part.

(2) The Chief Inspector may revise any guidance given under paragraph (1).

Requirements for making super-complaints

92

(1) A super-complaint must be in writing.

(2) A super-complaint must—

(a) set out the feature, or combination of features, of policing to which it relates;

(b) explain why the designated body making the complaint, is of the opinion that the feature, or combination of features, is or appears to be significantly harming the interests of the public; and

(3) A super-complaint must give the name of an individual representing the designated body making the complaint, who may be contacted about the super-complaint.

CHAPTER 3 — Duties in respect of super-complaints

Duty to acknowledge receipt

93

The Chief Inspector must acknowledge receipt of a super-complaint before the end of the period of 5 working days beginning with the day on which the super-complaint is received or, if that day is not a working day, beginning with the first working day after that day.

Duty to determine eligibility for consideration

94

(1) Where a super-complaint is received by the Chief Inspector, the Chief Inspector and the Commissioner must decide whether it is eligible for consideration.

(2) Subject to paragraphs (3) and (4), a super-complaint is eligible for consideration if it complies with the requirements of regulation 92.

(3) A super-complaint that merely repeats the substance of a super-complaint that is being investigated is not eligible for consideration.

(4) A super-complaint that merely repeats the substance of a super-complaint that has already been investigated is not eligible for consideration unless there has been a material change of circumstances since the previous super-complaint was made.

(5) If the Chief Inspector and the Commissioner decide that a super-complaint is eligible for consideration, the Chief Inspector must inform the designated body making the super-complaint, in writing that—

(a) the super-complaint will be investigated; and

(b) that designated body will be provided with progress reports on the investigation of the super-complaint.

(6) Where the Chief Inspector and the Commissioner are unable to agree on whether a super-complaint is eligible for consideration, the decision whether the super-complaint is eligible for consideration is to be made by the Chief Inspector.

(7) If the Chief Inspector and the Commissioner decide that the super-complaint is not eligible for consideration, the Chief Inspector must inform the designated body making the complaint in writing of that decision and the reasons for it.

Duty to provide progress reports

95

(1) Where the designated body making the complaint has been informed that a super-complaint will be investigated, the Chief Inspector must, before the end of each relevant period, send that designated body a written progress report.

(2) Subject to paragraph (3), the progress report must include the following information—

(a) an explanation of the steps the Chief Inspector and the Commissioner have taken in relation to the investigation (so far as they have not been explained in a previous written progress report sent to that designated body);

(b) an explanation of the steps they propose to take in relation to the investigation before the end of the next relevant period in relation to the investigation.

(3) The Chief Inspector may exclude information from the progress report if the Chief Inspector considers that its inclusion—

(a) would be contrary to the interests of national security; or

(b) might jeopardise the safety of any person.

(4) For the purposes of this regulation, each of the following is a “relevant period”—

(a) the period of 56 working days beginning with the day on which the Chief Inspector informs the designated body making the complaint that the super-complaint will be investigated;

(b) each subsequent period of 56 working days beginning with the first working day after the end of the preceding relevant period.

Duty to report on outcome of investigation

96

(1) When the Chief Inspector and the Commissioner have concluded an investigation of a super-complaint, they must make a report—

(a) describing the steps they have taken to investigate the super-complaint;

(b) setting out their conclusions and the reasons for them;

(d) making such recommendations to any other person as they consider appropriate.

(2) The Chief Inspector must—

(a) send the report to the designated body making the complaint; and

(b) publish it in such form and manner as the Chief Inspector considers appropriate.

(3) The Chief Inspector may exclude information from the report sent to that designated body and published under paragraph (2) if the Chief Inspector considers that its inclusion—

(a) would be contrary to the interests of national security; or

(b) might jeopardise the safety of any person.

(4) Where the Chief Inspector and the Commissioner are unable to agree on the contents of a report, the Chief Inspector and the Commissioner must each include in the report their opinion on the matters on which there is disagreement.

CHAPTER 4 — Further provision about super-complaints

Powers in relation to investigations

97

(1) The Chief Inspector and the Commissioner may request any person to provide advice on, or assistance with, the investigation of a super-complaint or the preparation of a report under regulation 96.

(2) Subject to the modification in paragraph (3), paragraphs 6A and 6B of Schedule 4A to the 1996 Act (further provision about His Majesty’s inspectors of constabulary: powers of inspectors to obtain information and access to premises) apply in relation to an investigation of a super-complaint under this Part as they apply in relation to an inspection under section 54 of that Act (appointment and functions of inspectors of constabulary).

(3) The modification mentioned in paragraph (2) is that in paragraph 6B of Schedule 4A to the 1996 Act, for sub-paragraph (1)(a) there were substituted—

premises that are occupied (wholly or partly) for the purposes of the tri-service serious crime unit or a service police force, and

(4) Subject to the modification in paragraph (5), where a notice is, by virtue of paragraph (2), served under paragraph 6A of Schedule 4A to the 1996 Act, paragraphs 6C and 6D of that Schedule (further provision about His Majesty’s inspectors of constabulary: failure to comply with notices and appeals) apply in relation to the notice.

(5) The modification mentioned in paragraph (4) is that in paragraph 6D(2) of Schedule 4A to the 1996 Act, after paragraph (g) there were inserted—

(h) the Defence Council, the Admiralty Board, the Army Board, the Royal Air Force Board, a member of the tri-service serious crime unit or a member of a service police force

(6) Where a notice is, by virtue of paragraph (2), served under paragraph 6B of Schedule 4A to the 1996 Act, paragraph 6C of that Schedule applies in relation to the notice.

(7) For the purpose of investigating a super-complaint under this regulation, regulation 43 (power to serve information notice) and regulation 75 (inspection of service police premises on behalf of the Commissioner) apply as they apply in relation to an investigation under Part 3, and any reference to a complaint in regulation 36 (as mentioned in regulation 43(1)) and regulation 75 is to be read as including a reference to a super-complaint.

(8) Where a notice is, by virtue of paragraph (7), served under regulation 43, regulations 44 (failure to comply with information notice) and 45 (appeals against information notices) apply in relation to the notice.

98

(1) For the purpose of investigating a super-complaint, the Chief Inspector and the Commissioner may use any information held by them and share that information with each other.

(2) The use or sharing of information by the Chief Inspector and the Commissioner under paragraph (1) does not breach any obligation of confidence owed by them.

SCHEDULE 1 — Further provision in relation to investigations under regulation 36 (investigations by the Commissioner)

PART 1 — Modifications

1

The provisions specified in paragraphs 2 to 8 apply in relation to investigations under regulation 36 with the modifications specified in those paragraphs.

Application of the Criminal Justice and Public Order Act 1994

2

(1) Sections 34 to 38 of the Criminal Justice and Public Order Act 1994[^f00018], as modified by the provisions of the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2009[^f00019], apply in relation to such investigations with the following modifications.

(2) Section 38 applies as if the definitions of “service policeman” and “authorised place of detention” were omitted.

(3) Any reference in sections 34 to 37 to—

(a) a service policeman is to be read as a reference to a person designated under regulation 36(2) of these Regulations;

(b) an authorised place of detention is to be read as a reference to premises used for the purposes of the functions of the Service Police Complaints Commissioner.

Application of Part 3 and 4 of the Armed Forces Act 2006

3

(1) Parts 3 and 4 of the 2006 Act apply in relation to such investigations with the following modification.

(2) Any reference in those Parts to a service policeman is to be read as a reference to a person designated under regulation 36(2) of these Regulations.

Application of the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

4

(1) The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009[^f00020] applies in relation to such investigations with the following modifications.

(2) Any reference to a service policeman in that Order is to be read as a reference to a person designated under regulation 36(2) of these Regulations.

(3) Article 1 of that Order and paragraph 2 of the Schedule (Code of Practice) are to be read as if the definitions of “service police force”, “service policeman” and “tri-service serious crime unit” were omitted.

(4) The Order is to be read as if article 2 were omitted.

(5) The Schedule is to be read as if—

(a) in paragraph 2(1), for the definition of “disclosure officer” there were substituted—

“disclosure officer” means the investigating officer responsible for— examining material retained by the Service Police Complaints Commissioner during the service investigation; revealing material to the Director during the service investigation and any proceedings in a service court resulting from it; and certifying that he has done this;

(b) in paragraph 3(1), for “within each service police force or the tri-service serious crime unit” there were substituted “established by the Service Police Complaints Commissioner”;

(i) the Provost Marshal of each of the service police forces and the Provost Marshal for serious crime; and

(ii) the Provost Marshals,

were references to the Service Police Complaints Commissioner;

(d) in paragraph 3(7), for “either his officer commanding or the officer in charge of service investigations for the service police force concerned, or, as the case may be, the tri-service serious crime unit” there were submitted “the Service Police Complaints Commissioner”.

Application of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

5

(1) The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009[^f00021] applies in relation to such investigations with the following modifications.

(2) The Order is to be read as if any reference to—

(a) an authorising service policeman is a reference to an authorising officer;

(b) a service policeman (other than in the expression “authorising service policeman”) is a reference to a person designated under regulation 36(2) of these Regulations;

(c) a service police establishment is a reference to premises used for the purpose of the functions of the Service Police Complaints Commissioner;

(d) a Provost Marshal of a service police force is as a reference to the Service Police Complaints Commissioner.

(3) Article 2 of that Order is to be read as if the definitions of “service police establishment” and “service policeman” were omitted.

(4) Article 3 of that Order is to be read as if—

(a) in paragraph (1) for “he is a service policeman of or above the rank of lieutenant commander, military or marine major or squadron leader”, there were substituted—

that person is the Service Police Complaints Commissioner or a senior investigating officer

(b) in paragraph (2) for “he is a service policeman of or above the rank of naval lieutenant, military or marine captain or flight lieutenant” there were substituted—

that person is the Service Police Complaints Commissioner or an investigating officer who is at least a deputy senior investigating officer

(c) in paragraph (3) for “any service policeman may act as an authorising service policeman if he is senior in rank to the service policeman seeking authorisation” there were substituted—

any investigating officer may act as an authorising officer if that officer is more senior than the officer seeking authorisation

(5) Article 15J is to be read as if any reference to a service police force or the tri-service serious crime unit were references to the Service Police Complaints Commissioner.

Application of the Armed Forces (Disposal of Property) Regulations 2023

6

(1) The Armed Forces (Disposal of Property) Regulations 2023 apply in relation to such investigations with the following modifications.

(2) Regulation 2 of those Regulations is to be read as if the definition of “service police” was omitted.

(3) Any reference in those Regulations to—

(a) a service policeman, is to be read as a reference to a person designated under regulation 36(2) of these Regulations;

(b) the service police is to be read as a reference to the Service Police Complaints Commissioner.

Application of the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

7

(1) The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009[^f00023] applies in relation to such investigations with the following modifications.

(2) Any reference in that Order to a service policeman (other than in the expression “authorising service policeman”) is to be read as a reference to a person designated under regulation 36(2) of these Regulations.

(3) Any reference in that Order to an authorising service policeman is to be read as a reference to the Service Police Complaints Commissioner or to an investigating officer who is at least a deputy senior investigating officer.

(4) Article 2 of that Order is to be read as if the definition of “authorising service policeman” were omitted.

(5) Article 3(2) of that Order is to be read as if—

(a) for paragraph (a) there were substituted—

(a) documentary evidence that they have been designated under regulation 36(2) of the Service Police (Complaints etc.) Regulations 2023,

(b) in paragraph (b) the words “whether he is in uniform or not” were omitted.

(6) That Order is to be read as if any reference to a person’s rank or rate, or to the name of a person’s unit or to its address and telephone number, were omitted.

Application of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

8

(1) The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021[^f00024] applies in relation to the Service Police Complaints Commissioner’s functions under these Regulations in relation to such investigations with the following modifications.

(2) Subject to sub-paragraph (3), any reference in that Act to “a service police force” is to be read as a reference to “the Service Police Complaints Commissioner”.

(3) Any reference in that Act to “a member of a service police force” is to be read as a reference to “a person designated under regulation 36(2) of the Service Police (Complaints etc.) Regulations 2023”.

PART 2 — Consequential Amendments

Amendment of the Police Act 1997

9

(1) Part 3 of the Police Act 1997[^f00025] is amended as follows.

(2) In section 93(authorisations to interfere with property etc.)—

(a) in subsection (3), after paragraph (aaa) insert—

(aab) if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);

(b) after subsection (3ZA) insert—

(3ZB) An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.

(edb) the Service Police Complaints Commissioner;

(d) in subsection (6A) substitute “or (eda)” with “, (eda) or (edb)”.

(3) In section 94 (authorisations given in absence of authorising officer) in subsection (2), after paragraph (dca) insert—

(dcb) where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;

Amendment of the Regulation of Investigatory Powers Act 2000

10

(1) Parts 2 and 4 of the Regulation of Investigatory Powers Act 2000[^f00026] are amended as follows.

(2) In section 32 (authorisation of intrusive surveillance)—

(a) after subsection (3A), insert—

(3B) In the case of an authorisation granted by the Service Police Complaints Commissioner, the authorisation is necessary on grounds falling within subsection (3) only if it is necessary for the purpose of carrying out the functions of the Commissioner.

(b) in subsection (6), after paragraph (ia) insert—

(ib) the Service Police Complaints Commissioner;

(3) In section 33 (rules for grant of authorisations)—

(a) after subsection (2) insert—

(2A) A person who is a designated person for the purposes of section 28 or 29 by reference to that person’s office or position as a member of staff of the Service Police Complaints Commissioner, or as the Commissioner, must not grant an authorisation except on an application made by a person designated under regulation 36(2) of the 2023 Regulations;

(b) after subsection (3ZZA) insert—

(3ZZB) The Service Police Complaints Commissioner must not grant an authorisation for the carrying out of intrusive surveillance except— (a) on an application made by a person designated under regulation 36(2) of the 2023 Regulations; and (b) in the case of an authorisation for the carrying out of any intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of a police force mentioned in subsection (6)(d).

(c) in subsection (5)(a), after “member of a police force,” insert “a person designated under regulation 36(2) of the 2023 Regulations,”.

(4) In section 34 (grant of authorisations in the senior officer’s absence)—

(a) in subsection (1)(a)[^f00027], after “a member of the tri-service serious crime unit,” in the second place where those words occur, insert “a person designated under regulation 36(2) of the 2023 Regulations,”;

(b) in subsection (2)(a)[^f00028], after “Provost Marshal for serious crime or” insert “the Service Police Complaints Commissioner or”;

(hb) a person is entitled to act for the Service Police Complaints Commissioner if the person is designated by the Commissioner for the purposes of this paragraph as a person entitled so to act in an urgent case;

(5) In section 35 (notification of authorisations for intrusive surveillance)—

(a) in subsection (1)[^f00029] after “tri-service serious crime unit,” insert “Service Police Complaints Commissioner,”;

(b) in subsection (10)[^f00030]—

(i) in the opening words, after the words “tri-service serious crime unit,” insert “Service Police Complaints Commissioner,”; and

(ii) after paragraph (aa) insert—

(ab) the Service Police Complaints Commissioner;

(6) In section 36 (approval required for authorisation to take effect)—

(a) in subsection (1) after paragraph (aa)[^f00031] insert—

(ab) a person who has been designated under regulation 36(2) of the 2023 Regulations;

(b) in subsection (6)[^f00032] after paragraph (aa) insert—

(ab) where the authorisation was granted by the Service Police Complaints Commissioner or by a person entitled to act for the Commissioner by virtue of section 34(4)(hb), the Commissioner;

(7) In section 37(1) (quashing of police and customs authorisations etc.), after paragraph (a) insert—

(ab) a person designated under regulation 36(2) of the 2023 Regulations;

(8) In section 46(3) (restrictions on authorisations extending to Scotland), after paragraph (dza) insert—

(dzb) the Service Police Complaints Commissioner;

(9) In section 48 (interpretation of Part II), in subsection (1) at the appropriate place insert—

the 2023 Regulations” means the Service Police (Complaints etc.) Regulations 2023;

(10) In section 65 (the Tribunal), in subsection (6) after paragraph (c) insert—

(cza) the Service Police Complaints Commissioner;

(11) In section 68(7) (Tribunal procedure), after paragraph (da) insert—

(db) the Service Police Complaints Commissioner and every member of the Commissioner’s staff;

(12) In Part 1 of Schedule 1 (authorisation of surveillance and covert human intelligence sources: relevant public authorities for the purposes of section 28 and 29), after paragraph 19A insert—

(19B) The Service Police Complaints Commissioner.

Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

11

(1) The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010[^f00033] is amended as follows.

(2) In Part 1 of Schedule 1 (offices etc and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act), after the entry relating to the Royal Air Force Police, insert—

The Service Police Complaints Commissioner	A senior investigating officer	An investigating officer	Paragraph (b)

SCHEDULE 2 — Consequential Amendments

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

1

(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[^f00034] is amended as follows.

(2) In article 3(1)(a)(ii), after “14E,” insert “14F,”.

(3) In article 4(1)(b), after “14E,”, insert “14F,”.

(4) In Part II of Schedule 1, after paragraph 14E insert the following paragraph—

(14F) The Service Police Complaints Commissioner, or any member of the Commissioner’s staff who in the course of their normal duties— (a) has contact with vulnerable adults; or (b) has access to sensitive or personal information about children or vulnerable adults.

Amendment of the Official Secrets Act 1989 (Prescription) Order 1990

2

In the Official Secrets Act 1989 (Prescription) Order 1990[^f00035], at the end of Schedule 2 insert—

The Service Police Complaints Commissioner	The members of the Commissioner’s staff who are not otherwise Crown servants

Amendment of the Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015

3

(1) The Armed Forces (Service Complaints Miscellaneous Provisions) Regulations 2015[^f00036] are amended as follows.

(2) In regulation 5(2)—

(a) at the end of sub-paragraph (d) insert “or” after the semi-colon;

(b) at the end of sub-paragraph (e) substitute “; or” with a full-stop;

(3) In paragraph 1 of the Schedule—

(a) at the end of sub-paragraph (t) omit “or”;

(b) after sub-paragraph (u) insert—

or (v) is or was capable of being the subject of a complaint under the procedures established for making a complaint about the service police in accordance with section 340P of the Armed Forces Act 2006.

Signed

Andrew Murrison — Parliamentary Under Secretary of State — Ministry of Defence — 7th June 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide the statutory framework and detailed rules in accordance with which the Service Police Complaints Commissioner (“the Commissioner”), established under section 365BA of the Armed Forces Act 2006 (“the 2006 Act”), has oversight of service police conduct and of complaints and other matters relating to the conduct of a member of each service police force including the four Provost Marshals. They broadly correspond to the provisions set out in and made under Part 2 of, and Schedule 3 to, the Police Reform Act 2002 (“the 2002 Act”) that apply to persons serving with the police in England and Wales, with modifications where necessary to reflect differences between the service police and the territorial police.

These Regulations also provide the basis for super-complaints that relate to the service police to be made to the Chief Inspector of Constabulary by a designated body. They broadly correspond to the provisions set out in and made under Part 2A of the 2002 Act.

Part 1 contains introductory provision (regulation 1) and an interpretation provision (regulation 2); this includes a definition of the “appropriate authority”, which performs a number of investigative functions under the framework established by these Regulations.

Part 2 sets out the general functions and duties of the Commissioner (regulations 3, 5 and 6) and makes provision for co-operation between the Commissioner and the Chief Inspector of Constabulary (“the Chief Inspector”) (regulation 4). It also sets out reporting requirements (regulation 7).

Part 3 sets out the procedure for handling complaints, conduct matters, and death and serious injury matters (“DSI matters”).

Chapter 1 sets out some general matters regarding application.

Chapter 2 sets out provisions for the handling of complaints; these relate to the duties on the appropriate authority to preserve evidence relating to complaints (regulation 11), handling and recording of complaints (regulations 12, 15 and 17), referring a complaint to the Commissioner (regulation 13) and imposes duties on the Commissioner when a complaint is so referred (regulation 16). Regulation 18 sets out provisions for a review of a complaint which has not been investigated.

Chapter 3 is concerned with the handling of conduct matters that come to an appropriate authority’s attention either as a result of proposed or actual civil proceedings or otherwise (regulations 21 and 22). This Chapter imposes further duties on the Commissioner in relation to handling of conduct matters.

Chapter 4 contains provisions relating to the handling of DSI matters and sets out the duty to record DSI matters (regulation 27) and preserve evidence (regulation 28). It also imposes duties on the Commissioner when a DSI matter is referred to the Commissioner.

Chapter 5 sets out the framework for investigations and subsequent proceedings, including the basis on which the Commissioner determines the form of an investigation in a matter referred to the Commissioner (regulation 32). This Chapter contains provisions relating to investigations by the appropriate authority on its own behalf (regulation 33) or directed by the Commissioner (regulation 34) or by investigators appointed by the Commissioner (regulation 36). Schedule 1 makes further provision in relation to investigatory powers for investigators appointed by the Commissioner. Schedule 2 makes consequential amendments.

Part 4 contains provision in relation to the making of super-complaints to the Chief Inspector by a designated body.

Chapter 1 provides for bodies designated by the Secretary of State to make super-complaints to the Chief Inspector about the service police forces and tri-service serious crime unit, and sets out the criteria that must be applied by the Secretary of State in deciding whether to designate a body and whether to revoke such a designation. It also provides for the Chief Inspector to issue guidance in relation to the making of super-complaints and sets out certain formal requirements for the making of such complaints (regulations 88 to 93).

Chapter 2 sets out certain duties that apply where a super-complaint has been made (regulations 94 to 97).

Chapter 3 sets out other matters relating to the investigation of super-complaints (powers to investigate and information sharing).

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

Footnotes

[^f00001]: 2006 c. 52. Section 11 of the Armed Forces Act 2021 (c. 35) (“the 2021 Act”) inserted sections 340P and 340R into the Armed Forces Act 2006 (“the 2006 Act”) as part of the new Part 14B. That section also inserted section 365BA (Service Police Complaints Commissioner) and section 365BB (investigating officers). Schedule 4 to the 2021 Act makes further provision in relation to the Service Police Complaints Commissioner. There are other amendments to the 2006 Act which are not relevant to these Regulations.

[^f00002]: 1996 c. 16.

[^f00003]: See section 375(1) of the 2006 Act for the meaning of “service police force”.

[^f00004]: Section 116 has been amended by paragraph 5(1) of Schedule 3 to the Armed Forces Act 2011 (c. 18), section 3 of the Armed Forces Act 2016 (c. 21) and paragraph 29 of Schedule 5 to the 2021 Act.

[^f00005]: Section 54(1) of the Police Act 1996 Act (“1996 Act”) makes provision for one of the inspectors of constabulary to be appointed as chief inspector of constabulary.

[^f00006]: The Service Police Complaints Commissioner is established by section 365BA of the 2006 Act.

[^f00007]: See section 50(2) of the 2006 Act for the meaning of “service offence”.

[^f00008]: 1998 c. 42.

[^f00009]: See section 367 of the 2006 Act for the meaning of “persons subject to service law”.

[^f00010]: See section 370 of the 2006 Act for the meaning of “civilian subject to service discipline”.

[^f00011]: Inspectors of constabulary are persons appointed under section 54(1) of the 1996 Act.

[^f00012]: See section 375(1A) of the 2006 Act for the meaning of “tri-service serious crime unit”.

[^f00013]: 1984 c. 60.

[^f00014]: 2016 c. 25.

[^f00015]: 2016 c. 25.

[^f00016]: 1992 c. 52.

[^f00017]: See section 340R(2) of the 2006 Act for the meaning of “relevant body”.

[^f00018]: 1994 c. 33.

[^f00019]: S.I. 2009/990. Sections 34 to 38 of the 1994 Act are modified by Article 2 of, and Schedule 1 and 2 to the Order.

[^f00020]: S.I. 2009/989, amended by S.I. 2018/682 and 2022/1051.

[^f00021]: S.I. 2009/1922, amended by S.I. 2013/2554 and 2022/1051.

[^f00023]: S.I. 2009/2056, amended by S.I. 2012/2919 and 2014/934.

[^f00024]: 2021 asp 3.

[^f00025]: 1997 c. 50.

[^f00026]: 2000 c. 23.

[^f00027]: Paragraph (a) was amended to insert “members of the tri service crime unit” by paragraph 16(2) of Schedule 5 to the 2021 Act; there are other amendments that are not relevant to these Regulations.

[^f00028]: Paragraph (a) was amended to insert “as Provost Marshal for serious crime” by paragraph 16(3) of Schedule 5 to the 2021 Act.

[^f00029]: Subsection (1) was amended for the purposes of the tri-service serious crime unit by paragraph 17(2) of Schedule 5 the 2021 Act; there are other amendments not relevant to these Regulations.

[^f00030]: Subsection (10) was amended to add the words “tri-service serious crime unit”, by paragraph 17(3)(a) of Schedule 5 to the 2021 Act; there are other amendments not relevant to these Regulations.

[^f00031]: Paragraph (aa) was inserted by paragraph 18(2) of Schedule 5 to the 2021 Act.

[^f00032]: Section 36(6) is amended by section 12 of, and paragraph 18(3)(a) of Schedule 5 to, the 2021 Act; there are other amendments not relevant to these Regulations.

[^f00033]: S.I. 2010/521.

[^f00034]: S.I. 1975/1023, to which there are amendments not relevant to these Regulations.

[^f00035]: S.I. 1990/200, to which there are amendments not relevant to these Regulations.

[^f00036]: S.I. 2015/2064.

Editorial notes

[^key-b854d18ed58077dae256170fca13711b]: Reg. 1 in force at 19.6.2023, see reg. 1(1)

[^key-5152a45233e11bee917881f7a001785e]: Reg. 2 in force at 19.6.2023, see reg. 1(1)

[^key-9723b0490cebc767be1b908e57bf3884]: Reg. 3 in force at 19.6.2023, see reg. 1(1)

[^key-f42c2088b163d0df6fc1a924334f28c4]: Reg. 4 in force at 19.6.2023, see reg. 1(1)

[^key-b07358cd4181f807c7a1cba0eeacc169]: Reg. 5 in force at 19.6.2023, see reg. 1(1)

[^key-8614102b207fa8b0a12aafa76a113b3a]: Reg. 6 in force at 19.6.2023, see reg. 1(1)

[^key-c8bca94fb456f655e7a58d513441c552]: Reg. 7 in force at 19.6.2023, see reg. 1(1)

[^key-e649b6ba14a762f3be9bfae94773f325]: Reg. 8 in force at 19.6.2023, see reg. 1(1)

[^key-c7d54bfe939bfe13d0151efdf9dc3d2e]: Reg. 9 in force at 19.6.2023, see reg. 1(1)

[^key-193d038395d8da1b23649bdc7881cfd9]: Reg. 10 in force at 19.6.2023, see reg. 1(1)

[^key-e3ef89da751ad3ea4ed837005e891c9a]: Reg. 11 in force at 19.6.2023, see reg. 1(1)

[^key-26237b7df6db4d813c7f2be52499e1bd]: Reg. 12 in force at 19.6.2023, see reg. 1(1)

[^key-b7d46915c64b0590c38a44c83a147a7b]: Reg. 13 in force at 19.6.2023, see reg. 1(1)

[^key-b374aa7151a3145233dfad8504e8cfcb]: Reg. 14 in force at 19.6.2023, see reg. 1(1)

[^key-52b1ff703030f775b7b19431e5e923f2]: Reg. 15 in force at 19.6.2023, see reg. 1(1)

[^key-5ac9768aef99d835b3d0a2d536f03bfe]: Reg. 16 in force at 19.6.2023, see reg. 1(1)

[^key-789e8c33679db80f7eec0af5f02a5164]: Reg. 17 in force at 19.6.2023, see reg. 1(1)

[^key-daa19ac83199bca9227a29ad3ff212e1]: Reg. 18 in force at 19.6.2023, see reg. 1(1)

[^key-8194787ec0ea5e2893b24fd1c86c0a29]: Reg. 19 in force at 19.6.2023, see reg. 1(1)

[^key-95d3bf44233d75547fcd23e30146d405]: Reg. 20 in force at 19.6.2023, see reg. 1(1)

[^key-044c1e349d7eb5e94d07b940c2ab6558]: Reg. 21 in force at 19.6.2023, see reg. 1(1)

[^key-25f9dda31cad9a277094e2bf7a7dd2ea]: Reg. 22 in force at 19.6.2023, see reg. 1(1)

[^key-a070535d1d0513f092003a3c11363f1b]: Reg. 23 in force at 19.6.2023, see reg. 1(1)

[^key-0e0e9dee0b2cc9777ee3747417ed29e2]: Reg. 24 in force at 19.6.2023, see reg. 1(1)

[^key-e0a1dc068b6f96994c64a951f0f52f58]: Reg. 25 in force at 19.6.2023, see reg. 1(1)

[^key-63c6f9087469a4ea39745fd168e8c8f1]: Reg. 26 in force at 19.6.2023, see reg. 1(1)

[^key-6fdc0e5bd10a027e3bfea940feb4b051]: Reg. 27 in force at 19.6.2023, see reg. 1(1)

[^key-0649f853131c3d81da70a5b119b6fc40]: Reg. 28 in force at 19.6.2023, see reg. 1(1)

[^key-23bb916b5b9387b99fde8de5aaf20873]: Reg. 29 in force at 19.6.2023, see reg. 1(1)

[^key-0f2a6686edf7c0476369d9752ad9e76d]: Reg. 30 in force at 19.6.2023, see reg. 1(1)

[^key-9a86d5cc6bcb6eaa5474d35885a92589]: Reg. 31 in force at 19.6.2023, see reg. 1(1)

[^key-ad3a36d97c7842a9baa417a148dee7a5]: Reg. 32 in force at 19.6.2023, see reg. 1(1)

[^key-43699e4df8e96176b1ddacb46a4a27da]: Reg. 33 in force at 19.6.2023, see reg. 1(1)

[^key-b65dd0c919d60651a6c0ad4d40187a46]: Reg. 34 in force at 19.6.2023, see reg. 1(1)

[^key-7c35bb9165e2c6b15160047569815319]: Reg. 35 in force at 19.6.2023, see reg. 1(1)

[^key-41869dcaa78ce55e7df44ba98a3ad98c]: Reg. 36 in force at 19.6.2023, see reg. 1(1)

[^key-da2047a4044af6ece97e9948d089da9b]: Reg. 37 in force at 19.6.2023, see reg. 1(1)

[^key-f4a2012b101cf7d70a714ae719634a77]: Reg. 38 in force at 19.6.2023, see reg. 1(1)

[^key-cee43969c980cbb123c99d1761b0f143]: Reg. 39 in force at 19.6.2023, see reg. 1(1)

[^key-2731e767d0cb9a9a976f45f7dc6c9618]: Reg. 40 in force at 19.6.2023, see reg. 1(1)

[^key-cba0821d8150982a714b0d6b59f02f8c]: Reg. 41 in force at 19.6.2023, see reg. 1(1)

[^key-84362bfa2675da07a299481a8f384742]: Reg. 42 in force at 19.6.2023, see reg. 1(1)

[^key-80d7143c499e553c1149f79b62bd57f6]: Reg. 43 in force at 19.6.2023, see reg. 1(1)

[^key-3d5c102f0b60767c0c654c7e19bdfcbd]: Reg. 44 in force at 19.6.2023, see reg. 1(1)

[^key-8a8d0ef8679c9f18d5ec07f9e940a255]: Reg. 45 in force at 19.6.2023, see reg. 1(1)

[^key-02ba2801f8f49bf51081c5e8f9bb668a]: Reg. 46 in force at 19.6.2023, see reg. 1(1)

[^key-822324657dea2b54128ed714cab897cd]: Reg. 47 in force at 19.6.2023, see reg. 1(1)

[^key-bc53bcc74a5de6499378b9ba7c1179d9]: Reg. 48 in force at 19.6.2023, see reg. 1(1)

[^key-0b917f9c462bb6fddb23cd5faf7da944]: Reg. 49 in force at 19.6.2023, see reg. 1(1)

[^key-d5b2b2cead21fe1052a0ad364cc71cea]: Reg. 50 in force at 19.6.2023, see reg. 1(1)

[^key-72decd09caebda04581d98a4dc2956ff]: Reg. 51 in force at 19.6.2023, see reg. 1(1)

[^key-b00665fcec6a9ca36f47f2b95a7dac6c]: Reg. 52 in force at 19.6.2023, see reg. 1(1)

[^key-f5fd23e058298118e5a79b284e4055fd]: Reg. 53 in force at 19.6.2023, see reg. 1(1)

[^key-248085bdf47eb80393b2e43755595384]: Reg. 54 in force at 19.6.2023, see reg. 1(1)

[^key-26c82cb5e1ec42c6fb8525ab3ffd25f3]: Reg. 55 in force at 19.6.2023, see reg. 1(1)

[^key-3219d152a127b06683a12e276c3df10a]: Reg. 56 in force at 19.6.2023, see reg. 1(1)

[^key-c98c8ec27a3da656f5604b731f2edfd7]: Reg. 57 in force at 19.6.2023, see reg. 1(1)

[^key-28f1bf26b4db80e6b5cc75fb3086adfc]: Reg. 58 in force at 19.6.2023, see reg. 1(1)

[^key-2b9ade11ef85599634ad27f696ab5c1e]: Reg. 59 in force at 19.6.2023, see reg. 1(1)

[^key-78a36fb569b5cd038bee4a79b8ec02d4]: Reg. 60 in force at 19.6.2023, see reg. 1(1)

[^key-de1b5893534d3e1c25929675d360e95b]: Reg. 61 in force at 19.6.2023, see reg. 1(1)

[^key-a1740b66314db5d7d8425d66d8f4c67e]: Reg. 62 in force at 19.6.2023, see reg. 1(1)

[^key-cdd5e19512acd1235ed850f207274665]: Reg. 63 in force at 19.6.2023, see reg. 1(1)

[^key-aa1eedd939dd73fdc2ee1a221d4dbaa4]: Reg. 64 in force at 19.6.2023, see reg. 1(1)

[^key-65e8e201910d200f3d963d67c06134b2]: Reg. 65 in force at 19.6.2023, see reg. 1(1)

[^key-9f9a522751b719272f5f2eb2ce1385da]: Reg. 66 in force at 19.6.2023, see reg. 1(1)

[^key-9579698ac137e6e9666cb379e0acf005]: Reg. 67 in force at 19.6.2023, see reg. 1(1)

[^key-4dbca4d958a72cd39922dc1159b146b3]: Reg. 68 in force at 19.6.2023, see reg. 1(1)

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