http://www.legislation.gov.uk/id/ukpga/2002/30/schedule/3

SCHEDULES

C2 C3SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:

Modifications etc. (not altering text)

Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))

Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))

Part 2 Handling of conduct matters

Duties of F2Director General on references under paragraph 13

Annotations:

Amendments (Textual)

Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

I1 C114

1

It shall be the duty of the F2Director General, in the case of every recordable conduct matter referred to F4the Director General by a F1local policing body or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated.

F51A

The Secretary of State may by regulations provide that the F2Director General must determine that it is necessary for recordable conduct matters referred to F4the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

1B

Regulations under sub-paragraph (1A) may provide that the duty on the F2Director General applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

1C

Regulations under sub-paragraph (1A) may also provide that, where the F2Director General is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

2

Where the F2Director General determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated F6—

a

in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the F3Director General's determination), the F2 Director General must refer the matter back to the appropriate authority for the investigation to be completed, and

b

in any other case, the F2Director General may, if F4the Director General thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

3

Where—

a

the F2Director General refers a matter back to the appropriate authority under this paragraph, and

b

the F2Director General does not consider that to do so might prejudice F7an investigation of that matter (whether an existing investigation or a possible future one),

the F2Director General shall give a notification of the making of the reference to the person to whose conduct that matter relates.