The Independent Police Complaints Commission (Transitional Provisions) Order 2004
| Jurisdiction | UK Non-devolved |
2004 No. 671
POLICE, ENGLAND AND WALES
The Independent Police Complaints Commission (Transitional Provisions) Order 2004
Made 9th March 2004
Laid before Parliament 11th March 2004
Coming into force 1st April 2004
The Secretary of State, in exercise of the powers conferred on him by sections 28 and 105(4) of the Police Reform Act 20021, hereby makes the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Independent Police Complaints Commission (Transitional Provisions) Order 2004 and shall come into force on 1st April 2004.
(2) In this Order—
(a)
(a) “the 2002 Act” means the Police Reform Act 2002;
(b)
(b) “the Authority” means the Police Complaints Authority; and
(c)
(c) “the Commission” means the Independent Police Complaints Commission.
Transitional arrangements connected with establishing the Commissionetc.
2.—(1) Where a complaint was received before 1st April 2004 in respect of conduct by a member of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad, paragraphs (2) to (4) apply.
(2) Nothing in or made under Part 2 of the 2002 Act shall apply in relation to that complaint.
(3) Notwithstanding the repeal of Chapter 1 of Part 4 of the Police Act 19962, and subject to paragraph (4), that Chapter shall continue to have effect in relation to that complaint as if there had been no such repeal.
(4) The functions of the Authority under that Chapter in relation to that complaint shall be carried out by the Commission instead of by the Authority.
Conduct by certain persons occurring before 1st April 2004
3. Where a complaint is received, or a conduct matter comes to the attention of an appropriate authority, about conduct—
(a) by a person falling within section 12(7)(b) or (c) of the 2002 Act (employees of a police authority and special constables), or designated under section 39(2) of that Act (police powers for contracted-out staff);
(b) which occurred before 1st April 2004,
nothing in or made under Part 2 of the 2002 Act shall apply in relation to that complaint or conduct matter.
Repeated complaints
4.—(1) No complaint shall be recorded by a police authority or chief officer under paragraph 2(6) of Schedule 3 to the 2002 Act if that authority or officer is satisfied that the subject-matter of the complaint was previously submitted to the appropriate authority under section 67 of the Police Act 1996, and as respects that complaint, either—
(a)
(a) the requirements of section 74 or 75 of the Police Act 1996 (steps to be taken after investigation) were complied with;
(b)
(b) the complaint was informally resolved in accordance with the Police (Complaints) (Informal Resolution) Regulations 19853or regulation 19 of the National Crime Squad (Complaints) Regulations 19984;
(c)
(c) the Authority, under regulation 3 of the Police (Anonymous, Repetitious Etc. Complaints) Regulations 19855or regulation 4 of the National Crime Squad (Dispensation from Requirement to Investigate Complaints) Regulations 20036dispensed with the requirements of Chapter 1 of Part 4 of the Police Act 1996;
(d)
(d) the complainant gave notification that he withdrew the complaint; or
(e)
(e) the appropriate authority concluded that the complaint did not fall to be recorded under section 68(1) of the Police Act 1996.
(2) Paragraph 3(3) of Schedule 3 to the 2002 Act (right to appeal to the Commission against a failure by the police authority or chief officer to record anything etc) shall not apply in relation to a complaint which falls within paragraph (1) of this article.
Transfer of employees
5.—(1) Every person who—
(a)
(a) immediately before 1st April 2004 is employed by the Authority;
(b)
(b) but for the provisions of this Order would continue to be so employed; and
(c)
(c) whose name is mentioned on the Independent Police Complaints Commission designated list,
shall, on that date, transfer to and become an employee of, the Commission.
(2) The contract of employment of a person who is transferred by virtue of this article shall not terminate on the date of the transfer but shall have effect...
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