Regulation 6(b)
1.—(1) The Staff Conduct Regulations are modified as follows.
(2) Regulation 1 (citation, commencement and interpretation), is modified as follows.
(3) For paragraph (2) substitute—
“(2) In these Regulations—
“the Commission” means the Independent Police Complaints Commission; and
“immigration decision” has the meaning given in section 82(2) of the Nationality, Immigration and Asylum Act 2002.
(3) In these Regulations “specified enforcement functions” means, subject to paragraphs (4) and (5)—
(a) powers of entry;
(b) powers to search persons and property;
(c) powers to seize or detain property;
(d) powers to arrest persons;
(e) powers to detain persons;
(f) powers to examine persons or otherwise obtain information (including powers to take fingerprints or to acquire other personal data); and
(g) powers in connection with the removal of persons from the United Kingdom.
(4) The following shall not be regarded as an enforcement function—
(i) the making of an immigration decision;
(ii) the making of any decision to grant or refuse asylum; or
(iii) the giving of directions to remove persons from the United Kingdom.
(5) 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 2000.”.
2.—(1) Regulation 2 (conduct of Commission’s staff) is modified as follows.
(2) In paragraph (3)(a)(i), for “a person serving with the police” substitute “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.
(This note is not part of the Regulations)
These Regulations confer functions on the Independent Police Complaints Commission (“IPCC”) in relation to the exercise of specified enforcement functions by immigration officers and officials of the Secretary of State in relation to immigration or asylum. They provide for the provisions of Part 2 of the Police Reform Act 2002 and relevant secondary legislation to apply for this purpose with modifications.
Regulation 3(1) confers functions on the IPCC in relation to the exercise, in or in relation to England and Wales, of the enforcement functions specified in regulation 3(2) by immigration officers and officials of the Secretary of State in relation to immigration or asylum. Regulation 4 provides that the IPCC shall not have those functions in relation to conduct or matters (including incidents where a person has died or suffered a serious injury) which are alleged to have occurred before 1st April 2007.
Regulation 5(a) provides for the Part 2 of the 2002 Act, which establishes the IPCC and sets out its general functions, to apply for this purpose with the modifications made by Schedule 1 to the Regulations. Regulation 5(b) provides for Schedule 3 to the 2002 Act, which sets out the scheme for handling complaints, conduct matters and DSI matters, to apply for this purpose with the modifications set out in Schedule 2 to the Regulations.
Regulation 6 provides for the application of secondary legislation: (the Police (Complaints and Misconduct Regulations) 2004 (the “Complaints Regulations”), the Independent Police Complaints Commission (Staff Conduct) Regulations 2004 made under Part 2 of the 2002 Act with the modifications made by Schedules 3 and 4, and for the application of other pieces of secondary legislation) made under Part 2 of the 2002 Act.
Regulation 7 precludes the disclosure by the IPCC of information obtained in the course of performing a function under Regulation 3(1) except to the extent that Part 2 of the 2002 Act or the Complaints Regulations (as modified) permits disclosure. Regulation 8 precludes the IPCC from using information obtained in the course of performing a function under Regulation 3(1) for any purpose other than those functions.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. The impact on the public sector is limited to the Home Office, the IPCC and the police.