Part 5Amendment of the Police (Complaints and Misconduct) Regulations 2020

Amendment to regulation 51 (manner and time limit of notifications under these Regulations)

60.  After paragraph (1) insert—

“(1A) Paragraph (1B) applies to—

(a)a notice under regulation 17(1) and a copy of the terms, or revised terms, of reference of the investigation under regulation 17(2) or (3);

(b)a notice under regulation 19(5)(b).

(1B) Subject to paragraph (1C), a notice or document to which this paragraph applies must be—

(a)given to the person concerned in person;

(b)sent to the person concerned by e-mail or other means of electronic communication;

(c)given to the person concerned in person by that person’s police friend, where the police friend has agreed with the appropriate authority to deliver the notice, or

(d)given to the person concerned in any other manner agreed between the person investigating and the person concerned.

(1C) Where it is not reasonably practicable to give or supply a written notice or document to the person concerned under paragraph (1B)(a) or (b) and there is no agreement under paragraph (1B)(c) or (d), the written notice or document must be—

(a)left with a person at the person concerned’s last known address, or

(b)sent to the person concerned’s last known address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”).

(1D) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the person concerned—

(a)if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or

(b)in any other case, on the next working day after the day on which it was sent.

(1E) Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the person concerned—

(a)on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or

(b)in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.”.