The Police (Complaints and Misconduct) (Amendment: Metropolitan Police) Regulations 2011

• Citation: S.I. 2011/3028
• Sections: 3

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment: Metropolitan Police) Regulations 2011 and shall come into force on 16th January 2012.

(2) These Regulations extend to England and Wales.

(3) In these Regulations, “the Complaints Regulations ” means the Police (Complaints and Misconduct) Regulations 2004 .

Section 2 Amendments to the Complaints Regulations

(1) The Complaints Regulations are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “appeal meeting” insert—

“appropriate authority”—

in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—

if that person is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;

if that person is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011 , the Mayor’s Office for Policing and Crime; and

in any other case, the chief officer under whose direction and control the person is; and

in relation to a death or serious injury matter, means—

if the relevant officer is a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London police force, the police authority for the area of the police force of which he is a member;

if the relevant officer is the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011, the Mayor’s Office for Policing and Crime; and

in any other case, the chief officer under whose direction and control the person is;

(b) after the definition of “misconduct proceedings” insert—

“police authority” means—

in relation to a police area listed in Schedule 1 to the Police Act 1996, the police authority established under section 3 of that Act;

in relation to the metropolitan police district, the Mayor’s Office for Policing and Crime; and

in relation to the City of London police area, the Common Council;

(c) for the definition of “police staff member” substitute—

“police staff member” means—

an employee of a police authority who is under the direction and control of a chief officer of police; or

a member of the civilian staff of the Metropolitan Police Force (within the meaning of section 102(6) of the Police Reform and Social Responsibility Act 2011);

Section 3 Transitional provision

Where, as a result of the coming into force of regulation 2(2)(a) of these Regulations, the Commissioner of Police of the Metropolis replaces the Metropolitan Police Authority as the appropriate authority in relation to any complaint, conduct matter or death or serious injury matter, the Complaints Regulations (as amended by these Regulations) shall have effect as if anything done, or treated as done, by or in relation to the Metropolitan Police Authority in its capacity as appropriate authority had been done by or in relation to the Commissioner of Police of the Metropolis.