3Conduct by certain persons occurring before 1st April 2004
Where a complaint is received, or a conduct matter comes to the attention of an appropriate authority, about conduct—
(a) by a person falling within section 12(7)(b) or (c) of the 2002 Act (employees of a police authority and special constables), or designated under section 39(2) of that Act (police powers for contracted-out staff);
(b) which occurred before 1st April 2004,
nothing in or made under Part 2 of the 2002 Act shall apply in relation to that complaint or conduct matter.
Specified date: 1 April 2004: see art 1(1).
(This note is not part of the Order)
This Order makes transitional provision in connection with the coming into force on 1st April 2004 of Part 2 of the Police Reform Act 2002 which provides for a new system of handling complaints against the police.
Article 2 provides that where an investigation into a complaint is ongoing on 1st April 2004, that complaint will continue to be handled under the Police Act 1996, but the Independent Police Complaints Commission will perform the functions of the Police Complaints Authority under that Act.
Article 3 provides that where a complaint is received after 1st April 2004 about conduct which occurred before that date by a civilian employee of the police, a special constable or a person designated as a detention officer or escort officer, then the complaint will not be covered by Part 2 of the Police Reform Act. These persons are thus treated differently from regular police officers and members of NCIS and the National Crime Squad, in relation to whom complaints and conduct matters which are recorded on or after 1st April will be handled under the new system, regardless of when the incident took place.
Article 4 provides that complaints which have already been recorded and closed under the old system, or which were held not to qualify for recording under that system (for example, because they related to the direction or control of a police force by its chief officer) cannot be reopened under the new system. There will be no right of appeal to the Independent Police Complaints Commission against a decision not to record such a complaint.
Article 5 provides for the transfer of employees from the Police Complaints Authority to the Independent Police Complaints Commission.
Articles 6 and 7 provide for the transfer of property from the Authority to the Commission or to the Crown.