Police (Withdrawn, Anonymous Etc. Complaints) Regulations 1977

STATUTORY INSTRUMENTS

1977 No. 577

POLICE

28thMarch 1977

In exercise of the powers conferred on me by section 6 of the Police Act 1976(a), and after consulting the Police Advisory Board for England and Wales in accordance with section 46(3) of the Police Act 1964(b) (as extended by section 6(3) of the said Act of 1976), I hereby make the following Regulations, a draft of which has been laid before Parliament and approved by resolution of each House of Parliament.

Citation and operation

1.—(1) These Regulations may be cited as the Police (Withdrawn, Anonymous Etc. Complaints) Regulations 1977.

(2) These Regulations shall come into operation on the day on which sections 2 and 6 of the Police Act 1976 come into force, that is to say, on the day appointed for the coming into force of those sections by order(c) under section 13(1) of that Act.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say:—

"the Act of 1964" means the Police Act 1964;

"the Act of 1976" means the Police Act 1976;

"chief officer" shall be construed as including a reference to a deputy chief officer acting as chief officer and "chief officer concerned" means, in relation to a complaint against a member of a police force, the chief officer of that force;

"complaint" means a complaint made on or after the day on which section 2 of the Act of 1976 comes into force and in relation to which the requirements of section 49(1) of the Act of 1964 and of section 2(1) of the Act of 1976 have effect or would have effect but for the provisions of section 2(2)(b) of that Act or of these Regulations; and "copy of a complaint", in the case of a complaint made orally, shall include a copy of the record of the complaint;

"complainant" means the originator of a complaint notwithstanding that it was transmitted to the chief officer concerned by some other person or by the Complaints Board or some other body;

(a) 1976 c. 46.

(b) 1964 c. 48.

(c) S.I. 1977/576 (1977 I, p. 1826).

"Complaints Board" means the Police Complaints Board established in pursuance of section 1 of the Act of 1976.

(2) In these Regulations, unless the context otherwise requires, any reference to a Regulation shall be construed as a reference to a Regulation contained in these Regulations, any reference in a Regulation, or in the Schedule to these Regulations, to a paragraph shall be construed as a reference to a paragraph of that Regulation, or of that Schedule, and any reference in a paragraph to a sub-paragraph shall be construed as a reference to a sub-paragraph of that paragraph.

(3) The Interpretation Act 1889(a) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Withdrawn Complaints

3.—(1) The requirements of section 49 of the Police Act of 1964 (investigation of complaints) are hereby dispensed with as respects a complaint if the chief officer concerned receives from the complainant notification in writing (signed by him or by his solicitor or other authorised agent on his behalf) to the effect either—

(a) that he withdraws the complaint, or

(b) that he does not wish any further steps to be taken in consequence thereof.

(2) Subsection (2)(b) of section 2 of the Act of 1976 (which disapplies the provisions of subsection (1) relating to the reference to the Complaints Board of...