The UK Border Agency (Complaints and Misconduct) Regulations 2010

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Application: general

  5. PART 1

    1. 4.Application of the Police Reform Act 2002

    2. 5.(1) Paragraph 6 (staff) of Schedule 2 (the Independent Police...

    3. 6.General functions of the IPCC

    4. 7.Reports to the Secretary of State

    5. 8.Complaints, matters and persons to which these Regulations apply

    6. 9.Direction and control matters

    7. 10.Co-operation, assistance and information

    8. 11.Payment for assistance with investigations

  6. PART 2 ETC

    1. 12.Duties to preserve evidence relating to complaints

    2. 13.Initial handling and recording of complaints

    3. 14.Keeping of records

    4. 15.Failures to notify or record a complaint

    5. 16.Handling of complaints by the relevant appropriate authority

    6. 17.Conduct matters arising in civil proceedings

    7. 18.Recording etc. of conduct matters in other cases

    8. 19.Duties to preserve evidence relating to conduct matters

  7. PART 3 IPCC

    1. 20.Recording and reference of conduct matters

    2. 21.Reference of complaints to the IPCC

    3. 22.Duties of the IPCC on references under regulation 21

    4. 23.Reference of conduct matters to the IPCC

    5. 24.Duties of the IPCC on references under regulation 23

  8. PART 4 DSI

    1. 25.Duty to record DSI matters

    2. 26.Duty to preserve evidence relating to DSI matters

    3. 27.Reference of DSI matters to the IPCC

    4. 28.Duties of IPCC on references under regulation 27

    5. 29.Procedure where a conduct matter is revealed during investigation of a DSI matter

  9. PART 5

    1. 30.Inspections of the Secretary of State’s premises on behalf of the IPCC

    2. 31.Power of the IPCC to determine the form of an investigation

    3. 32.Appointment of persons to carry out investigations

    4. 33.Power of the IPCC to impose requirements in relation to an investigation which it is supervising

    5. 34.Combining and splitting investigations

    6. 35.Power of the IPCC to discontinue an investigation

    7. 36.Withdrawn and discontinued complaints

    8. 37.Investigations by the relevant appropriate authority on its own behalf

    9. 38.Investigation by a police force at the request of the relevant appropriate authority

    10. 39.Investigations supervised by the IPCC

    11. 40.Investigation by a police force under the management or under the supervision of the IPCC

    12. 41.Investigations managed by the IPCC

    13. 42.Investigations by the IPCC itself

    14. 43.Relinquishing the IPCC’s supervision or management of an investigation

    15. 44.Circumstances in which an investigation or other procedure may be suspended

    16. 45.Resumption of investigation after criminal proceedings

    17. 46.Restrictions on proceedings pending the conclusion of an investigation

  10. PART 6

    1. 47.Provision and use of information by the IPCC

    2. 48.Provision of information to the IPCC

    3. 49.Duty to keep the complainant informed

    4. 50.Duty to provide information for other persons

    5. 51.Duty to keep the relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor informed

    6. 52.Duty to consider submissions from relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions and customs revenue contractors

    7. 53.Duty to provide certain information to the relevant appropriate authority

    8. 54.Manner in which duties to provide information to the complainant are to be performed

    9. 55.Exceptions to the duty to keep the complainant informed and to provide information for other persons

    10. 56.Notification of complaints etc.

    11. 57.Notification of actions and decisions

    12. 58.Information for complainant about disciplinary recommendations

    13. 59.Register to be kept by the IPCC

    14. 60.Manner and time limits of notifications

  11. PART 7

    1. 61.Action by a police force on completion of an investigation report

    2. 62.Final reports on investigations: complaints, conduct matters and certain DSI matters

    3. 63.Action by the IPCC in response to an investigation report under regulation 62

    4. 64.Action by the relevant appropriate authority in response to an investigation report under regulation 62

    5. 65.Final reports on investigations: DSI matters

    6. 66.Action by the IPCC in response to an investigation report under regulation 65

    7. 67.Duties with respect to disciplinary proceedings

    8. 68.Complaints against a person whose identity is not ascertained

  12. PART 8

    1. 69.Appeals to the IPCC: failures to notify or record a complaint

    2. 70.Appeals to the IPCC with respect to an investigation

    3. 71.Reviews and re-investigations following an appeal

  13. PART 9

    1. 72.Revocation of the 2009 Regulations, saving and transitional provisions

  14. Signature

  15. Explanatory Note