BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Police (Complaints and Misconduct) (Amendment) Regulations 2017 No. 575 URL: http://www.bailii.org/uk/legis/num_reg/2017/uksi_2017575_en_1.html |
||
[New search] [Printable PDF version] [Help]
Statutory Instruments
Police, England And Wales
Made
20th April 2017
Laid before Parliament
21st April 2017
Coming into force
22nd May 2017
The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraphs 4(1)(b), 11(2)(c), 13(1)(b) and 28A(4)(a)(ii) and (iii) of Schedule 3 to the Police Reform Act 2002(1).
In accordance with section 24 of that Act(2), the Secretary of State has consulted with the Independent Police Complaints Commission, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor's Office for Policing and Crime, the Common Council of the City of London, the National Police Chiefs' Council and such other persons as she thinks fit.
In accordance with section 63(3)(b) of the Police Act 1996(3), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration that Board's representations.
1. These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment) Regulations 2017 and come into force on 22nd May 2017.
2.-(1) The Police (Complaints and Misconduct) Regulations 2012(4) are amended as follows.
(2) In regulations 4(2)(a)(iii) (reference of complaints to the Commission), 7(1)(c) (recording and reference of conduct matters) and 29A(1)(b)(iii) and (2)(b)(iii)(5) (recommendations by the Commission and requirement to respond), after "serious corruption," insert "including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship,".
Brandon Lewis
Minister of State
Home Office
20th April 2017
(This note is not part of the Regulations)
These Regulations amend the Police (Complaints and Misconduct) Regulations 2012 ("the 2012 Regulations") to make clear that complaints which allege, and conduct matters which appear to involve, the abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship must be referred to the Independent Police Complaints Commission ("the Commission").
These Regulations also amend the 2012 Regulations to make clear that the Commission may make recommendations to any person in cases where it has received a report following an investigation (other than an investigation by the appropriate authority on its own behalf) into such a complaint or conduct matter (or made a determination on an appeal relating to such a complaint).
An impact assessment has not been prepared for this instrument as no impact on businesses, charities, voluntary bodies or the public sector is foreseen.
2002 c. 30. Paragraph 28A was inserted by section 139 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
Section 24 was amended by paragraph 12 of Schedule 4 to the Police and Justice Act 2006 (c. 48), paragraph 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 6 and 7 of Schedule 14 to the Policing and Crime Act 2017 (c. 3).
1996 c. 16. Section 63(3)(b) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime Act 2005 (c. 15); there have been further amendments to section 63 that are not relevant.
Regulation 29A was inserted by the Police (Complaints and Misconduct) (Amendment) Regulations 2014 (S.I. 2014/2406).
