Citation, commencement, interpretation and extent

1. —(1) These Regulations may be cited as the Police (Complaints and Misconduct)(Old Cases) Regulations 2013 and come into force on 9th August 2013.

(2) In these Regulations—

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

“the 2012 Regulations” means the Police (Complaints and Misconduct) Regulations 2012( 4 ).

Application of the 2002 Act to old cases

2. In a matter in relation to which the Commission has made a direction under section 28A(1) or (4) of the 2002 Act, Part 2 of that Act and any provision made under it shall apply in accordance with the modifications set out in regulation 3 of these Regulations.

3. In relation to the 2012 Regulations—

(a) Regulation 4 shall apply as if after paragraph (2)(b) there were inserted—

“ (c) any complaint which is the subject of a direction by the Commission under section 28A(1) of the 2002 Act. ” ;

(b) Regulation 7 shall apply as if for paragraph (4) there were substituted—

“ (4) For the purposes of paragraph 13(1)(b) of Schedule 3 to the 2002 Act (reference of recordable conduct matters to the Commission), the following matters are hereby specified—

(a) any matter which relates to conduct falling within paragraph (1)(a) to (e) or (g) of this regulation, or

(b) any matter which is the subject of a direction by the Commission under section 28A(1) or (4) of the 2002 Act. ” ; and

(c) those Regulations shall apply as if after regulation 36 there were added—

“ Application of Part 2 to old cases

37. —(1) A matter which is the subject of a direction under section 28A(1) or (4) of the 2002 Act shall—

(a) regardless of when it came to the attention of the appropriate authority, be treated as a matter which did not come to the attention of the appropriate authority before 22nd November 2012; and

(b) be recorded as if—

(i) in relation to a complaint, it was the first notification of it under paragraph 2(1) of Schedule 3 to the 2002 Act,

(ii) in relation to a conduct matter, it was the first direction in respect of it under paragraph 11(5) of Schedule 3 to the 2002 Act, or

(iii) in relation to a DSI matter, it was the first direction in respect of it under paragraph 14A(2) of Schedule 3 to the 2002 Act.

(2) Where the Commission gives a direction under section 28A(1) of the 2002 Act that a matter shall be recorded as a complaint, paragraph 2(7) and (8) of Schedule 3 to the 2002 Act does not apply in relation to that matter.

(3) Where the Commission makes a direction under section 28A(1) or (4) of the 2002 Act, Part 2 of that Act shall apply in relation to a relevant person as if it did not include any requirement for an appropriate authority to determine whether disciplinary proceedings should be brought against that person.

(4) In this regulation—

(a) a “relevant person” means a person—

(i) in respect of whose conduct the Commission has made a direction under section 28A(1) or (4), and

(ii) who has previously been the subject of relevant disciplinary proceedings in connection with that conduct.

(b) “relevant disciplinary proceedings” means—

(i) any process in accordance with which the conduct of a person is considered, whether under the Police (Conduct) Regulations 2012 ( 5 ) or otherwise, in order to determine whether it is misconduct and whether, as a result, any action is to be taken in relation to it;

(ii) any process in accordance with which the performance of a person is considered, whether under the Police (Performance) Regulations 2012 ( 6 ) or otherwise, in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it. ” .