To ask the Secretary of State for the Home Department (1) under what legislation the awarding of compensation to complainants whose complaints have been upheld by the Independent Police Complaints Commission is regulated; what recent representations she has received about the operation of this legislation; and if she will make a statement; (177567)

Under Section 88 of the Police Act 1996, any decision to award compensation following inappropriate police conduct, including following a complaint upheld by the Independent Police Complaints Commission, is a matter for the chief officer of the force. No representations have been received.

To ask the Secretary of State for the Home Department what legislation regulates the Independent Police Complaints Commission; what amendments have been made to, and what recent representations she has received about the operation of this legislation; what (a) statutory instruments, (b) departmental circulars and (c) other documents she (i) has issued and (ii) plans to issue in the next 12 months consequential to the provisions of this legislation; and if she will make a statement. (177569)

The Independent Police Complaints Commission (IPCC) was established under the Police Reform Act 2002, with a remit covering complaints and conduct matters involving persons serving with the police service in England and Wales. The IPCC came into operation on 1 April 2004.

The following regulations were made under the Police Reform Act 2002 in bringing the IPCC into operation:

the Police (Complaints and Misconduct) Regulations 2004 (S.I. 2004/643), amended by S.I. 2006/1406;

the IPCC (Staff Conduct) Regulations 2004 S.I. 2004/660;

IPCC (Transitional Provisions) Order 2004 S.I. 2004/671;

the IPCC (Forces maintained otherwise than under Police Authorities) Order 2004 S.I. 2004/672 (relating to the MoD police and BTP).

The Independent Police Complaints Commission (Investigatory Powers) Order 2004 S.I. 2004/815 modifies, in relation to the functions of the IPCC,

Part 3 of the Police Act 1997 (authorisations to interfere with property);

and

Parts 2 (intrusive surveillance) and 4 (Tribunal) of the Regulation of Investigatory Powers Act 2000

Schedule 12 to the Serious Organised Crime and Police Act 2005 amended the Police Reform Act 2002, extending the IPCC’s remit to cover death and serious injury matters, and to cover complaints against the Serious Organised Crime Agency.

The Commissioners for Revenue and Customs Act 2005 and the Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311) as amended by S.I. 2006/1748 made under the 2005 Act extended the IPCC’s remit in relation to the Commissioners and officers of HM Revenue and Customs.

The Police and Justice Act 2006 will extend the IPCC’s jurisdiction to cover specified enforcement functions of immigration officers.

A Statutory Order was laid before Parliament on 5 June 2007 for the purpose of applying the Official Secrets Act to IPCC commissioners and staff.

Further legislation changes affecting the IPCC will be made as part of the introduction of a new simplified and modernised police misconduct system. However, no further regulatory changes are envisaged in the next 12 months.