Appendix 3
S.I. 2020/3
Police (Performance) Regulations 2020
1.By letter dated 12 February 2020, the Joint Committee on Statutory Instruments has requested a memorandum on the following points:
(1) Explain the reason for using a comma after the penultimate item in a list rather than the semi-colon used as between earlier entries. (Examples include regulations 4(3), 7, 16(1), 17(6) and 23(1); for contrast see regulations 28(1) and 31(1).)
(2) In relation to regulation 12(7), explain why there is no duty to provide the police officer with a copy of any determination of the appropriate authority under paragraph 24(6) or 24C(4) of Schedule 3 to the Police Reform Act 2002, in particular having regard to the duties in regulation 12(1)(a) and (b).
(3) In relation to regulation 14(1)(b)(i), explain which part of paragraphs (2)(a) and (3)(a) is intended to be modified given that the words “(1)(c) or (d)” do not appear in either paragraph.
2.In response to point (1), the intended drafting approach to punctuation at the end of the penultimate item, or at the end of the first of two items, in a list has been to use a comma where a conjunction follows but a semicolon where no conjunction follows. In view of this, we acknowledge the internal inconsistency in the use of a semicolon, rather than a comma, at the end of each of regulations 28(1)(d) and 31(1)(j).
3.In response to point (2), the duty to provide documents under regulation 12(7) should, having regard to the duties under regulation 12(1)(a) and (b) and, in particular, regulation 12(1)(b)(i), include a duty to provide the police officer with a copy of any determination of the appropriate authority under paragraph 24(6) or 24C(4) of Schedule 3 to the Police Reform Act 2002.
4.In response to point (3), we acknowledge this incorrect cross-reference. In relation to each of paragraphs (2)(a) and (3)(a) of regulation 12, the modification by substitution in regulation 14(1)(b)(i) was intended to apply to the words from “the determination” to “or (v)” (and not to the words “(1)(c) or (1)(d)” which, as you correctly note, do not appear in either paragraph).
5.Accordingly, we propose to amend regulations 12(7) and 14(1)(b)(i) at the next available opportunity and to amend the punctuation at the end of regulations 28(1)(d) and 31(1)(j) in any future consolidation of the Regulations.
6.We hope that this Memorandum assists the Committee and we are, of course, happy to provide any further assistance that the Committee requires.
Home Office
18 February 2020
Published: 6 March 2020