The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025

Part 7Transitional provisions

Transitional provisions: amendments to the Police (Conduct) Regulations 2020

64.—(1) Subject to paragraphs (2) and (3), the amendments made by Part 3 and the Schedule do not have effect in relation to—

(a)a pre-commencement allegation, or

(b)an allegation against a police officer or former police officer which came to the attention of a local policing body, a chief officer of police or the Director General on or after 28th May 2025 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with—

(i)the 2020 Regulations as in force before 28th May 2025, or

(ii)Part 2 of the 2002 Act.

(2) The amendments made by Part 3 and the Schedule apply where the Director General—

(a)determines under section 13B of the 2002 Act (power of the Director General to require a re-investigation) that a complaint or matter is to be re-investigated, or

(b)makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases) in relation to a matter,

regardless of when the complaint was made or the matter came to the attention of the appropriate authority.

(3) The amendments made by the Schedule apply where the officer concerned was not given written notice before 28th May 2025 under—

(a)regulation 30(1) of the 2020 Regulations (notice of referral to misconduct proceedings), or

(b)regulation 51(1) of the 2020 Regulations (notice of referral to accelerated misconduct hearing).

Transitional provisions: amendments to the Police (Performance) Regulations 2020 and the Police Appeals Tribunals Rules 2020

65.  The amendments made by Parts 4 and 6 do not have effect in relation to—

(a)unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police before 28th May 2025, or

(b)unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police on or after 28th May 2025 but which relates to a matter being handled under the Police (Performance) Regulations 2020 as in force immediately before 28th May 2025.

Transitional provisions: amendments to the Police (Complaints and Misconduct) Regulations 2020

66.—(1) Subject to paragraph (2) the amendments made by Part 5 do not apply where—

(a)a complaint was made, or a conduct matter or DSI matter came to the attention of an appropriate authority, before 28th May 2025 (“a pre-commencement complaint”, “a pre-commencement conduct matter” or “a pre-commencement DSI matter”);

(b)a complaint is made, or a conduct matter or DSI matter comes to the attention of an appropriate authority, on or after 28th May 2025 which—

(i)relates to—

(aa)a matter in respect of which a pre-commencement complaint was made;

(bb)a pre-commencement conduct matter, or

(cc)a pre-commencement DSI matter, and

(ii)at the time the complaint is made, or the conduct matter or DSI matter comes to the attention of an appropriate authority, that pre-commencement complaint, pre-commencement conduct matter or pre-commencement DSI matter is being handled in accordance with Part 2 of the 2002 Act.

(2) The amendments made by Part 5 apply where the Director General—

(a)determines under section 13B of the 2002 Act that a complaint, recordable conduct matter or DSI matter is to be re-investigated, or

(b)makes a direction under section 28A(1) or (4) of the 2002 Act in relation to a matter,

regardless of when the complaint was made or the matter came to the attention of the appropriate authority.

Interpretation of Part 7

67.  In this Part—

“the 2002 Act” means the Police Reform Act 2002;

“the 2020 Regulations” means the Police (Conduct) Regulations 2020;

“complaint” has the meaning given by section 12 of the 2002 Act;

“conduct matter” has the meaning given by section 12 of the 2002 Act;

“Director General” means the Director General of the Independent Office for Police Conduct;

“DSI matter” has the meaning given by section 12 of the 2002 Act;

“former police officer” means a person who has ceased to be a member of a police force or special constable;

“police officer” means a member of a police force or special constable;

“pre-commencement allegation” means an allegation against a police officer or former police officer which came to the attention of a local policing body, a chief officer of police or the Director General before 28th May 2025;

“recordable conduct matter” has the meaning given by section 29 of the 2002 Act.