Joint Committee on Statutory Instruments First Report


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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Prepared 8 December 2003