United Kingdom Statutory Instruments

" (g) any person who holds or has held office or employment as a Commissioner or officer.".

     2. —(1) Section 10 shall be modified as follows.

    (2) In subsection (1) after "the Commission" insert ", in relation to the Commissioners and officers,".

    (3) In subsection (1)(a) for "police authorities and chief officers" substitute "the Commissioners".

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

    (5) Omit subsection (1)(f).

    (6) In subsection (2)(a) for "persons serving with the police" substitute—

" Commissioners or officers which the appropriate authority—
(i) has a duty to refer to the Commission under paragraph 4(1) of Schedule 3 or,

(ii) may refer to the Commission under paragraph 4(2) or (3) of Schedule 3;".

    (7) In subsection (2)(b) for the words from "appears that" to the end substitute—

" appears that—
(i) there may have been conduct by such persons which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings, and

(ii) that conduct or behaviour is conduct or behaviour which the appropriate authority has a duty to refer to the Commission under paragraph 13(1) of Schedule 3 or may refer to the Commission under paragraph 13(2) or (3) of that Schedule.".

    " (2A) The Commission may make arrangements with the Commissioners under which officers of Revenue and Customs are engaged on temporary service with the Commission.".

     2. In paragraph 17(1)(c) after "Secretary of State" insert ", the Treasury".

    " (1) Where—


(a) complaint is made to the Head of the Home Civil Service about the conduct of the Chairman or Deputy Chairman, or

(b) the Head of the Home Civil Service becomes aware that a complaint about the conduct of the Chairman or Deputy Chairman has been made to the Commission,



the Head of the Home Civil Service shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.".

    (3) After sub-paragraph (1) insert—

    " (1A) Where—


(a) a complaint is made to the Chairman about the conduct of a Commissioner, or

(b) the Chairman becomes aware that a complaint about the conduct of a Commissioner has been made to the Commission,



the Chairman shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.".

    (4) For sub-paragraph (2) substitute—

    " (2) Where—


(a) a complaint is made to the Commissioners about the conduct of an officer, or

(b) the Commissioners become aware that a complaint about the conduct of an officer has been made to the Commission,



the Commissioners shall take all such steps as appear to them to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.".

    (5) For sub-paragraph (3) substitute—

    " (3) The duty of the—


(a) Head of the Home Civil Service under sub-paragraph (1);

(b) Chairman under sub-paragraph (1A);

(c) Commissioners under sub-paragraph (2),



must be performed as soon as practicable after the complaint is made or, as the case may be, he or they become aware of it.".

    (6) In sub-paragraph (4) for—

(a) "he shall" substitute "he or they shall";

(b) "he is satisfied" substitute "he is or they are satisfied"; and

(c) "appearing to him" substitute "appearing to him or them".

    (7) Omit sub-paragraph (5).

    (8) In sub-paragraph (6)—

(a) for "a chief officer" substitute—

" the—
(a) Head of the Home Civil Service;

(b) Chairman;

(c) Commissioners,";



(b) the words after "a chief officer" become full out words;

(c) for "he may" substitute "he or they may", and

(d) omit "by the police authority maintaining his force or".

     2. —(1) Paragraph 2 shall be modified as follows.

    (2) In sub-paragraph (1)(a) for "police authority or chief officer who is" substitute "Head of the Home Civil Service, Chairman or Commissioners who is or are".

    (3) In sub-paragraph (2)—

(a) for "a police authority, it" substitute "the Head of the Home Civil Service or Chairman, he";

(b) in paragraph (a) for "it is itself" substitute "he is himself"; and

(c) in paragraph (b) for "it determines that it" substitute "he determines that he".

    (4) In sub-paragraph (3) for—

(a) "a chief officer, he shall" substitute "the Commissioners, they shall";

(b) "he is himself" substitute "they are themselves"; and

(c) "he determines that he is not" substitute "they determine that they are not".

    (5) In sub-paragraph (5) for "a police authority or a chief officer gives" substitute "Head of the Home Civil Service, Chairman or Commissioners gives or give".

    (6) For sub-paragraph (6) substitute—

    " (6) Where—


(a) the Head of the Home Civil Service or Chairman determines, in the case of any complaint made to him, that he is himself the appropriate authority,

(b) the Commissioners determine, in the case of any complaint made to them, that they are themselves the appropriate authority, or

(c) a complaint is notified to the Head of the Home Civil Service, Chairman or Commissioners under this paragraph,



the Head of the Home Civil Service, Chairman or Commissioners shall record the complaint.".

     3. —(1) Paragraph 3 shall be modified as follows.

    (2) In sub-paragraph (1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (3) In sub-paragraph (2)—

(a) for "police authority or chief officer" and "authority or chief officer" substitute (on each occasion) "Head of the Home Civil Service, Chairman or Commissioners"

(b) for "decides" substitute "decides or decide" and

(c) in paragraph (c) for "that complainant's right to appeal" substitute "whether the complainant has a right to appeal".

    (4) In sub-paragraph (3)—

(a) for "police authority or chief officer" substitute "Head of the Home Civil Service, Chairman or Commissioners"; and

(b) after "paragraph" insert "if, but only if, the failure is in respect of conduct which the Head of the Home Civil Service, Chairman or Commissioners is or are required to refer to the Commission under paragraph 4(1)(a) or (b).".

    (5) In sub-paragraph (4)—

(a) in paragraph (b) for "police authority or chief officer" substitute "Head of the Home Civil Service, Chairman or Commissioners"; and

(b) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (6) In sub-paragraph (6) for—

(a) "police authority or, as the case may be, the chief officer" substitute "Head of the Home Civil Service, Chairman or, as the case may be, the Commissioners"; and

(b) "police authority or chief officer" substitute "Head of the Home Civil Service, Chairman or Commissioners".

     4. —(1) Paragraph 4 shall be modified as follows.

    (2) In sub-paragraph (3)—

(a) for "a police authority" substitute "the Head of the Home Civil Service";

(b) in paragraph (a) for "chief officer of police of the police force maintained by that authority" substitute "Chairman"; and

(c) in paragraph (b) for "the police authority" substitute "the Head of the Home Civil Service".

    (3) In sub-paragraph (5)(b) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (4) In sub-paragraph (6)—

(a) for "A police authority or chief officer which refers" substitute "Where the Head of the Home Civil Service, Chairman or Commissioners refers or refer";

(b) after "paragraph" insert "he or they"; and

(c) in paragraph (b) for "that authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

     5. —(1) Paragraph 5 shall be modified as follows.

    (2) In sub-paragraph (1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (3) In sub-paragraph (2) for "paragraph 6" substitute "sub-paragraph (2A)".

    (4) After sub-paragraph (2) insert—

    " (2A) In a case to which sub-paragraph (2) applies the appropriate authority shall not be required by virtue of any of the provisions of this Schedule to take any action in relation to the complaint but may handle the complaint in whatever manner it thinks fit, or take no action in relation to the complaint.".

    (5) For sub-paragraph 3(b) substitute—

" (b) to the person complained against.".

     6. —(1) Paragraph 6 shall be modified as follows.

    (2) For sub-paragraph (2) substitute—

    " (2) The appropriate authority shall not be required by virtue of any provisions of this Schedule to take any action in relation to the complaint but may handle the complaint in whatever manner it thinks fit or take no action in relation to the complaint.".

    (3) Omit sub-paragraphs (3) to (7).

     7. Omit paragraphs 7, 8 and 9.

     8. —(1) Paragraph 10 shall be modified as follows.

    (2) In sub-paragraph (1)—

(a) in paragraph (a) for—


(i) "a police authority or chief officer" (on both occasions where it occurs) substitute "the Head of the Home Civil Service, Chairman or Commissioners";

(ii) for "has received" substitute "has or have received"; and

(iii) for "that authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners";



(b) in paragraph (b) for "that authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (3) In sub-paragraph (2)—

(a) for "The authority or chief officer" substitute "The Head of the Home Civil Service, Chairman or Commissioners";

(b) in paragraph (a) for "it or, as the case may be, he is" substitute "he is or, as the case may be, they are"; and

(c) in paragraph (b) for "if it or he is not" substitute "if he is or they are not".

    (4) In sub-paragraph (3)—

(a) at the beginning insert "Subject to sub-paragraphs (3A) and (3B),";

(b) for "a police authority or chief officer determines" substitute "the Head of the Home Civil Service, Chairman or Commissioners determines or determine";

(c) for "it or, as the case may be, he is" substitute "he is, or as the case may be, they are", and

(d) for "it or he" substitute "he or they".

    (5) After sub-paragraph (3) insert—

    " (3A) Nothing in sub-paragraph (3) shall require the Head of the Home Civil Service, as the appropriate authority, to record a conduct matter if he is satisfied that matter falls within subsection 12(1)(b) of this Act.

    (3B) Nothing in sub-paragraph (3) shall require the Chairman or the Commissioners, as the appropriate authority, to record a conduct matter if he is or they are satisfied that—


(a) the matter falls within subsection 12(1)(b) of this Act; and

(b) any disciplinary proceedings which were brought would be unlikely to result in the termination of an office or employment.".

     9. —(1) Paragraph 11 shall be modified as follows.

    (2) In sub-paragraph (1)—

(a) at the beginning insert "Subject to paragraphs (2A) and (2B),";

(b) in paragraph (a) for "police authority or chief officer who is" substitute "Head of the Home Civil Service, Chairman or Commissioners who is or are".

    (3) After sub-paragraph (2) insert—

    " (2A) Nothing in sub-paragraph (1) shall require the Head of the Home Civil Service, as the appropriate authority, to record a conduct matter if he is satisfied that the matter falls within section 12(1)(b) of this Act.

    (2B) Nothing in sub-paragraph (1) shall require the Chairman or the Commissioners, as the appropriate authority, to record a conduct matter if he is or they are satisfied that—


(a) the matter falls within section 12(1)(b) of this Act; and

(b) any disciplinary proceedings which were brought would be unlikely to result in the termination of an office or employment.".

     10. —(1) Paragraph 12 shall be modified as follows.

    (2) Omit sub-paragraph (1).

    (3) For sub-paragraph (2) substitute—

    " (2) Where—


(a) the Head of the Home Civil Service becomes aware of any recordable matter relating to the conduct of the Chairman or Deputy Chairman;

(b) the Chairman becomes aware of any recordable matter relating to the conduct of a Commissioner; or

(c) the Commissioners become aware of any recordable matter relating to the conduct of an officer,



it shall be his or their duty to take all such steps as appear to him or them to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving the evidence relating to that matter.".

    (4) For sub-paragraph (3) substitute—

    " (3) The duty under sub-paragraph (2) of—


(a) the Head of the Home Civil Service;

(b) the Chairman;

(c) the Commisssioners,



must be performed as soon as practicable after he becomes or they become aware of the matter in question.".

    (5) In sub-paragraph (4) for—

(a) "he shall be under a duty, until he is" substitute "he or they shall be under a duty until he is or they are"; and

(b) "appearing to him" substitute "appearing to him or them".

    (6) Omit sub-paragraph (5).

    (7) In sub-paragraph (6)—

(a) for "the chief officer" substitute "the Chairman or Commissioners";

(b) for "he may be directed" substitute "he or they may be directed"; and

(c) omit "by the police authority maintaining his force or".

     11. —(1) Paragraph 13 shall be modified as follows.

    (2) In sub-paragraph (1) for—

(a) "a police authority or a chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners", and

(b) "the authority or chief officer is" substitute "any of those persons is or are".

    (3) In sub-paragraph (3)—

(a) for "a police authority maintaining any police force" substitute "the Head of the Home Civil Service";

(b) in paragraph (a) for "chief officer of police of that force" substitute "Chairman"; and

(c) in paragraph (b) for "police authority" substitute "Head of the Home Civil Service".

    (4) In sub-paragraph (5)(b) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (5) In sub-paragraph (6)—

(a) in paragraph (a) for "a police authority or chief officer refers" substitute "the Head of the Home Civil Service, Chairman or Commissioners refers or refer";

(b) in paragraph (b) for "that authority or chief officer does not" substitute "the Head of the Home Civil Service, Chairman or Commissioners does or do not"; and

(c) for "that authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

     12. —(1) Paragraph 14 shall be modified as follows.

    (2) In sub-paragraph (1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (3) In sub-paragraph (2)—

(a) after "recordable conduct matter" insert "referred by the Head of the Home Civil Service, Chairman or Commissioners";

(b) for "appropriate authority" substitute "Head of the Home Civil Service, Chairman or Commissioners";

(c) for "that authority" (on the first occasion those words appear) substitute "by him or them"; and

(d) for "that authority" (on the second occasion those words appear) substitute "he or they".

" consent—
(i) in the case of an investigation carried out by an appointed person who is an officer, of the Director of Revenue and Customs Prosecutions, or

(ii) in any other case, of the Director of Public Prosecutions,



to the imposition thereof."

    (2) In regulation 6(3) for—

(a) "a chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners";

(b) "consulting him"substitute "consulting him or them";

(c) "he may make" substitute "he or they may make".

     3. Omit regulations 7(2)(b) and 7(7)(c).

     4. —(1) In regulation 8(1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (2) In regulation 8(2)(c) for "the police force or police authority which" substitute "the Head of the Home Civil Service, Chairman or Commissioners who".

    (3) In regulations 8(3)(a) and (7) for "police authority or chief officer" substitute "Head of the Home Civil Service, Chairman or Commissioners".

    (4) In regulation 8(5) for "A police authority or chief officer" substitute "The Head of the Home Civil Service, Chairman or Commissioners".

     5. Omit regulation 9.

     6. —(1) Regulation 12 shall be modified as follows.

    (2) After paragraph (1)(b) insert—

" (c) preventing the disclosure of any information held by the Revenue and Customs in connection with a function of the Revenue and Customs which—


(i) is obtained from the Head of the Home Civil Service, Chairman, Commissioners or an officer, and

(ii) relates to a person whose identity is specified in the disclosure or can be deduced from it.".

    (3) After paragraph (1) insert—

    " (1A) Paragraph (1)(c) does not apply to any information about internal administrative arrangements of Her Majesty's Revenue and Customs (whether relating to Commissioners, officers or others).".

    (4) After paragraph (2) insert—

    " (2A) The Commission shall consult the appropriate authority in any case under paragraph (1)(c) before deciding whether or not it is satisfied under paragraph (2).".

    (5) After paragraph (3) insert—

    " (4) In this regulation "the Revenue and Customs" means—


(a) the Commissioners;

(b) an officer;

(c) a person acting on behalf of the Commissioners or an officer;

(d) a committee established by the Commissioners;

(e) a member of a committee established by the Commissioners;

(f) the Commissioners of Inland Revenue (or any committee or staff of theirs or anyone acting on their behalf);

(g) the Commissioners of Customs and Excise (or any committee or staff of theirs or anyone acting on their behalf), and

(h) a person specified in section 6(2) or 7(3) of the Commissioners for Revenue and Customs Act 2005.".

     7. —(1) In regulation 18(1) for "17 or 18" substitute "17, 17A, 18 or 18A".

    (2) Omit regulations 18(1)(d), (2) and (3).

     8. In regulation 21 for "person serving with the police" substitute "Commissioner or an officer".

     9. In regulation 24—

(a) for "Every police authority and chief officer" substitute "The Head of the Home Civil Service, Chairman and Commissioners", and

(b) in paragraphs (a) and (b) for "it or him" substitute "him or them".

     10. —(1) In regulation 25(1) for "a police authority or chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

    (2) In regulation 25(3) for "(a) and (b)" substitute "(a), (b) and (c)".

     11. —(1) Regulation 26 shall be modified as follows.

    (2) In paragraph (1) for—

(a) "chief officer" substitute "the Head of the Home Civil Service, Chairman or Commissioners";

(b) "on him" substitute "on him or them"; and

(c) "an officer" substitute "a person".

    (3) In paragraph (2) for sub-paragraphs (a) to (c) substitute—

" (a) in the case of the Head of the Home Civil Service, to a member of the Senior Civil Service;

(b) in the case of the Chairman, to a member of the Senior Civil Service employed in the service of the Commissioners;

(c) in the case of the Commissioners, to an officer.".

    (4) Omit paragraph (3).

    (5) For paragraph (4) substitute—

    " (4) The Head of the Home Civil Service, Chairman or Commissioners shall not, in any particular case, delegate any power or duty under paragraph (1) to a person who has acted as investigating officer in that case.".

    (6) In paragraph (5) for "a chief constable" substitute "the Head of the Home Civil Service, Chairman or Commissioners".

     12. Omit regulations 28, 29 and 30.