- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Service Police (Complaints etc.) Regulations 2023, Section 69.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
69.—(1) This regulation applies where the Commissioner has received a report (or otherwise completed one in relation to an investigation carried out under regulation 36 by the Commissioner personally) under—
(a)regulation 56(3);
(b)regulation 56(5); or
(c)regulation 60(2) or (3) (report on completion of investigation of DSI matter that is not also conduct matter).
(2) This regulation also applies where the Commissioner has made a determination on a review under—
(a)regulation 18; or
(b)regulation 64.
(3) The Commissioner may make a recommendation in relation to a matter dealt with in the report or review.
(4) Where this regulation applies—
(a)by virtue of paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint; or
(b)by virtue of paragraph (2),
a recommendation made under paragraph (3) may not be a recommendation of a kind described in regulation 68(3).
(5) A recommendation under this regulation may be made to any person if it is made—
(a)following the receipt of a report relating to—
(i)a DSI matter;
(ii)a conduct matter of a type specified in paragraph (6); or
(iii)a complaint of a type specified in paragraph (7); or
(b)following a determination on a review relating to a complaint of a type specified in paragraph (7).
(6) The types of conduct matter specified for the purposes of paragraph (5)(a)(ii) are any matter—
(a)falling within regulation 24(1)(a);
(b)relating to—
(i)a serious assault, as determined in guidance issued by the Commissioner;
(ii)a serious sexual offence, as determined in guidance issued by the Commissioner;
(iii)serious corruption, including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Commissioner;
(iv)a service offence or behaviour which is liable to lead to the initiation of administrative action procedures and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status determined in guidance by the Commissioner;
(v)a relevant service offence;
(vi)conduct which took place in the same incident as one in which conduct falling within paragraphs (i) to (v) took place;
(c)that the Commissioner determines must be investigated in accordance with regulation 26(2);
(d)in respect of which the Commissioner gives a notification to the appropriate authority under regulation 24(1)(b); or
(e)that the Commissioner is treating as having been referred to the Commissioner under regulation 25(1).
(7) The types of complaint specified for the purposes of paragraph (5)(a)(iii) and (b) are any complaint—
(a)falling within regulation 13(1)(a) (complaints alleging that conduct or other matter has resulted in death or serious injury);
(b)alleging conduct which constitutes—
(i)a serious assault, as determined in guidance issued by the Commissioner;
(ii)a serious sexual offence, as determined in guidance issued by the Commissioner;
(iii)serious corruption, including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Commissioner;
(iv)a service offence or behaviour which is liable to lead to the initiation of administrative action procedures and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status determined in guidance by the Commissioner;
(v)a relevant service offence;
(c)which arises from the same incident as one in which any conduct falling within sub-paragraphs (a) or (b) took place;
(d)that the Commissioner determines must be investigated in accordance with regulation 16;
(e)in respect of which the Commissioner gives a notification to the appropriate authority under regulation 13(1)(e); or
(f)that the Commissioner is treating as having been referred to the Commissioner under regulation 14(1).
(8) In any other case, a recommendation under this regulation may be made only to—
(a)the Defence Council;
(b)a Board; or
(c)a member of a service police force.
(9) Where the Commissioner makes a recommendation under this regulation, the Commissioner must also—
(a)publish the recommendation, and
(b)send a copy of it—
(i)in a case where the recommendation is made to the Defence Council in relation to the tri-service serious crime unit, to the Provost Marshal for serious crime;
(ii)in a case where the recommendation is made to a Board, to the Provost Marshal of that force;
(iii)in a case where the recommendation is made to a Provost Marshal, to the appropriate authority for that Provost Marshal;
(iv)in any other case, to any person to whom the Commissioner thinks a copy should be sent.
(10) Nothing in this regulation affects the power of the Commissioner to make recommendations or give advice under regulation 3(1)(e) (whether arising under this Part or otherwise).
Commencement Information
I1Reg. 69 in force at 19.6.2023, see reg. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: