Police Reform and Social Responsibility Act 2011 (c. 13)

SCHEDULES

F1 SCHEDULE 7 E+W Regulations about complaints and conduct matters

Textual Amendments

F1 Words in Sch. 7 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 73(3); S.I. 2017/1249, reg. 2 (with reg. 3)

Modifications etc. (not altering text)

C1 Sch. 7 applied (with modifications) by 2004 c. 21, Sch. A2 para. 13 (as inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 13; S.I. 2017/399, reg. 2, Sch. para. 38)

C2 Sch. 7 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 35

Investigation of serious complaints E+W

2 (1) This paragraph applies to— E+W

(a) serious complaints, and

(b) conduct matters,

which relate to any relevant office holder.

(2) Regulations must provide for serious complaints and conduct matters to be investigated—

(a) by the [F1 Director General of the Independent Office for Police Conduct], or

(b) by a police force, in an investigation that is under the management of the [F1 Director General of the Independent Office for Police Conduct].

(3) This paragraph does not prevent regulations from making provision about the receipt or initial handling of serious complaints or conduct matters otherwise than by the [F1 Director General of the Independent Office for Police Conduct] or a police force.

(4) This paragraph does not prevent regulations from making provision about—

(a) circumstances in which serious complaints or conduct matters are not to be investigated; and

(b) circumstances in which investigations of serious complaints or conduct matters are to be discontinued;

including provision about the determination of such matters (whether by the [F1 Director General of the Independent Office for Police Conduct], a police force or otherwise).

(5) Regulations may make provision about what is to be taken to be a criminal offence for the purposes of sub-paragraph (6).

(6) In this paragraph “serious complaint” means a qualifying complaint made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence.

Commencement Information

I1 Sch. 7 para. 2 in force at 31.10.2011 by S.I. 2011/2515, art. 2(d)