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The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

As Enacted Cited authorities 32 Cited in Amendments 26 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/212
Year2008

2008 No. 212

IMMIGRATION

The Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008

Made 31th January 2008

Laid before Parliament 4th February 2008

Coming into force 25th February 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 41 of the Police and Justice Act 20061.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Independent Police Complaints Commission (Immigration and Asylum Enforcement Functions) Regulations 2008 and shall come into force on 25th February 2008.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations –

“the 2002 Act” means the Police Reform Act 20022;

“appropriate authority” means a person nominated by the Secretary of State;

“the Commission” means the Independent Police Complaints Commission established under section 9 of the 2002 Act3;

“Complaints Regulations” means the Police (Complaints and Misconduct) Regulations 20044;

“complaint” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations5;

“conduct matter” has the meaning given in section 12 of the 2002 Act for the purposes of these Regulations;

“death and serious injury matter” and “DSI matter” have the meaning given in section 12 of the 2002 Act;

“immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 20026; and

“Staff Conduct Regulations” means the Independent Police Complaints Commission (Staff Conduct) Regulations 20047.

(2) In these Regulations “specified enforcement functions” means subject to paragraphs (3) and (4)—

(a)

(a) powers of entry;

(b)

(b) powers to search persons and property;

(c)

(c) powers to seize or detain property;

(d)

(d) powers to arrest persons;

(e)

(e) powers to detain persons;

(f)

(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g)

(g) powers in connection with the removal of persons from the United Kingdom.

(3) The following shall not be regarded as an enforcement function—

(i)

(i) the making of an immigration decision;

(ii)

(ii) the making of any decision to grant or refuse asylum; or

(iii)

(iii) the giving of any direction to remove persons from the United Kingdom.

(4) For the avoidance of doubt, references to “specified enforcement functions” include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 20008.

Conferral of functions on the Independent Police Complaints Commission

Conferral of functions on the Independent Police Complaints Commission

S-3 Subject to regulation 4, the Commission shall have functions...

3.—(1) Subject to regulation 4,the Commission shall have functions in relation to the exercise (in, or in relation to, England and Wales) by—

(a)

(a) immigration officers of the enforcement functions specified in paragraph (2), and

(b)

(b) officials of the Secretary of State of the enforcement functions specified in paragraph (2) when carried out in relation to immigration or asylum.

(2) Subject to paragraphs (3) and (4) the enforcement functions are—

(a)

(a) powers of entry;

(b)

(b) powers to search persons and property;

(c)

(c) powers to seize or detain property;

(d)

(d) powers to arrest persons;

(e)

(e) powers to detain persons;

(f)

(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and

(g)

(g) powers in connection with the removal of persons from the United Kingdom.

(3) The following shall not be regarded as an enforcement function—

(i)

(i) the making of an immigration decision;

(ii)

(ii) the making of any decision to grant or refuse asylum; or

(iii)

(iii) the giving of directions to remove persons from the United Kingdom.

(4) For the avoidance of doubt, the enforcement functions specified in paragraph (2) include their exercise in connection with any authorisation granted under Part 2 of the Regulation of Investigatory Powers Act 2000.

S-4 The Commission shall not have functions in relation to— a...

4. The Commission shall not have functions in relation to—

(a) a complaint relating to the conduct of an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum,

(b) a conduct matter relating to the conduct of an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum, or

(c) a DSI matter relating to an immigration officer exercising specified enforcement functions or an official of the Secretary of State exercising specified enforcement functions in relation to immigration or asylum,

where the conduct or matter is alleged to have occurred before 1st April 2007.

Application of provisions of the 2002 Act with modifications
S-5 Application of provisions of the 2002 Act with modifications

Application of provisions of the 2002 Act with modifications

5. For the purposes of the Commission exercising the functions conferred on it by regulation 3(1)—

(a) Part 2 of the 2002 Act (complaints and misconduct) shall apply and have effect with the modifications made by Schedule 1; and

(b) Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc) shall apply and have effect with the modifications made by Schedule 2.

Application of other provisions with modifications
S-6 Application of other provisions with modifications

Application of other provisions with modifications

6. For the purposes of the Commission exercising the functions conferred on it by regulation 3(1)—

(a) the Complaints Regulations shall apply and have effect with the modifications made by Schedule 3;

(b) the Staff Conduct Regulations shall apply and have effect with the modifications made by Schedule 4;

(c) the Independent Police Complaints Commission (Investigatory Powers) Order 20049shall apply; and

(d) the Regulation of Investigatory Powers (Communications Data) Order 200310shall apply in so far as it makes provision in respect of the Commission.

Disclosure of Information
S-7 Disclosure of Information

Disclosure of Information

7. Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function conferred on it by regulation 3(1) they may not disclose it except as permitted by Part 2 of the 2002 Act or the Complaints Regulations as modified by Schedule 1 and Schedule 3 respectively.

Use of Information
S-8 Use of Information

Use of Information

8. Where the Commission, or any person acting on its behalf, obtains information in the course of performing a function conferred on it by regulation 3(1) they may not use it for any purpose other than the performance of a function under these Regulations.

Liam Byrne

Minister of State

Home Office

31st January 2008

SCHEDULE 1

Regulation 5(a)

MODIFICATION OF PART 2 OF THE 2002 ACT

SCH-1.1

1.—(1) Section 10 of the 2002 Act (general functions of the Commission)11is modified as follows.

(2) In subsection (1), after “the functions of the Commission” insert “in relation to the exercise by immigration officers of specified enforcement functions and officials of the Secretary of State of specified enforcement functions relating to immigration or asylum”.

(3) In subsection (1)(a), for “police authorities and chief officers” substitute “the appropriate authority”.

(4) In subsection (1)(e)12omit “and also of police practice in relation to other matters,”.

(5) Omit subsections (1)(f), (1)(g) and (1)(h)13.

(6) For subsection (3)14, substitute—

SCH-1.3

“3 In carrying out its functions under subsection (1)(d) and (e) the Commission shall only have regard to the following matters—

(a) the handling of complaints which—

(i) fall within regulation 2(2) of the Complaints Regulations;

(ii) the Commission has notified the appropriate authority that it requires to be referred to it for its consideration; or

(iii) the appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of—

(aa) the gravity of the subject matter of the complaint; or

(bb) any exceptional circumstances;

(b) the recording of conduct matters which—

(i) fall within regulation 5(1) of the Complaints Regulations;

(ii) the Commission has notified the appropriate authority that it requires to be referred to it for its consideration;

(iii) the appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of—

(aa) the gravity of the subject matter of the complaint; or

(bb) any exceptional circumstances;

(c) the recording of a DSI matter; and

(d) the manner in which any such complaints or any such matters as are mentioned in paragraph (b) or (c) are investigated or otherwise handled and dealt with.”.

(7) In subsection (4), for “subsections (1) and (3)” substitute “subsection (1)”.

(8) After subsection (4) insert—

SCH-1.4A

“4A It shall be the duty of the Commission to carry out its functions under subsection (1) in relation to the following:

(a) any DSI matter;

(b) those complaints falling within paragraph 2(2) of the Complaints Regulations;

(c) those conduct matters falling within paragraph 5(1) of the Complaints Regulations;

(d) those complaints or recordable conduct matters which the Commission has notified the appropriate authority that it requires to be referred to it for its consideration;

(e) those complaints or recordable conduct matters that the appropriate authority has referred to the Commission on the grounds that it would be appropriate to do so by reason of —

(i) the gravity of the subject-matter of the complaint; or

(ii) any exceptional circumstances; and

(f) any matter that is...

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