Appendix 2 S.I. 2003/2601: memorandum
from the Home Office
National Crime Squad (Dispensation from Requirement
to Investigate Complaints) Regulations 2003 (S.I. 2003/2601)
1. The Committee has requested a memorandum on the
following points:
Has something been omitted at the end of regulation
3(2)? Please set out how paragraphs (2) and (3) are intended to
read.
2. No text has been omitted at the end of regulation
3(2). Regulation 3(2) and (3) are intended to read as they appear
in the printed instrument but need to be read in conjunction with
regulation 3(1). As the Explanatory Note to the instrument makes
clear these Regulations are modelled on the Police (Dispensation
from Requirement to Investigate Complaints) Regulations 1985 ("the
1985 regulations"). Regulation 3 is modelled upon regulation
3 of the 1985 regulations but has been recast to reflect more
modern drafting styles but with hindsight the Department. With
hindsight the Department concedes it might have been helpful to
have included the words "This paragraph applies where…"
at the beginning or regulation 3(2) and (3) for clarity.
Explain the references, in regulation 4(1)(d)
and paragraph 3(2)(b) of the Schedule, to the provisions of section
83 of the 1987 Act. Given that section 83 requires regulations
to make provision for the handling of complaints, should these
be references to regulations made under that section?
3. The reference in regulation 4(1)(d) should be
to regulations made under section 83 of the Police Act 1997 rather
than to the section itself. The Department apologises for this
error and will correct it at the first suitable opportunity although
these Regulations are expected to be revoked on 1 April 2004 as
part of the implementation of the new police complaints regime
introduced by Part 2 of the Police Reform Act 2002.
Regulation 4(1)(d) refers to regulation 3 of the
Police (Complaints) (Informal Resolution) Regulations 1985. Footnote
(b) cites this instrument as S.I. 1985/672, and states that the
instrument was originally cited as the Police (Anonymous, Repetitious
Etc. Complaints) Regulations 1985. Should the reference in regulation
4(1)(d) be to regulation 5 of S.I. 1985/671?
4. The reference in regulation 4(1)(d) should be
to regulation 5 of the Police (Complaints) (Informal Resolution)
Regulations 1985. The Department apologises for this error and
will correct it at the first suitable opportunity. The Department
also undertakes to correct the footnote in the Annual Volume.
14 November 2003
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