SCHEDULES

Action by the [F1Director General] in [F2relation] to an investigation report [F3under paragraph 22]E+W

23(1)This paragraph applies where—E+W

(a)a report on an investigation carried out under the [F4direction] of the [F1Director General] is submitted to [F5the Director Genera] under sub-paragraph [F6(3)] of paragraph 22; or

(b)a report on an investigation carried out by a person designated by the [F1Director General] is submitted to [F5the Director General] [F7, or is otherwise completed,] under sub-paragraph [F8(5)] of that paragraph.

[F9(1A)But if, following the submission [F10or completion] of such a report, the [F1Director General] determines under section 13B that the complaint or recordable conduct matter is to be re-investigated the provisions of this paragraph other than sub-paragraph (2)(a) [F11(read with sub-paragraph (2ZA))] do not apply, or cease to apply, in relation to that report.]

(2)On receipt of the report [F12(or on its completion by the Director General)], the [F1Director General]—

(a)if it appears that the appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;

[F13(b)shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;]

(c)if [F5the Director General] determines that [F14those conditions are so satisfied], shall notify the Director of Public Prosecutions of the determination and send him a copy of the report; and

(d)shall notify the appropriate authority [F15and the persons mentioned in sub-paragraph (5)] of [F16the Director General's] determination under paragraph (b) and of any action taken by [F5the Director General] under paragraph (c).

[F17(2ZA)Where the [F1Director General] would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the [F1Director General] must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the [F1Director General] must not disclose.]

[F18(2A)The first condition is that the report indicates that a criminal offence may have been committed by a person [F19(if any)] to whose conduct the investigation related.

(2B)The second condition is that—

(a)the circumstances are such that, in the opinion of the [F1Director General], it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b)any matters dealt with in the report fall within any prescribed category of matters.]

(3)The Director of Public Prosecutions shall notify the [F1Director General] of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2)(c).

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F21The] persons are—

(a)in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b)in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.

[F22(5A)On receipt of the report [F23(or on its completion by the Director General)], the [F1Director General] shall also—

(a)seek the views of the appropriate authority on—

(i)whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer,

(ii)whether or not any such person's performance is unsatisfactory, and

(iii)the other matters (if any) dealt with in the report (but not on whether the conditions in sub-paragraphs (2A) and (2B) are satisfied in respect of the report),

(b)having considered the views (if any) of the appropriate authority, make a determination as to—

(i)the matters described in paragraph (a)(i) and (ii), and

(ii)whether or not disciplinary proceedings should be brought against any person to whose conduct the investigation related and, if so, what form the disciplinary proceedings should take,

(c)having considered the views (if any) of the appropriate authority and if the [F1Director General] considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that [F5the Director General] is required to make under sub-paragraph (2)(b) or paragraph (b) of this sub-paragraph,

(d)notify the appropriate authority of [F16the Director General's] determination under paragraph (b) and any determination under paragraph (c),

(e)where the [F1Director General] determines that disciplinary proceedings of a form specified in the determination should be brought against a person, direct the appropriate authority to bring those proceedings, and

(f)direct the appropriate authority to determine what action (if any) the appropriate authority will in its discretion take, not being action involving the bringing of disciplinary proceedings, in respect of the matters dealt with in the report and having regard to the [F24Director General's] determination under paragraph (b) and any determination under paragraph (c).

(5B)The appropriate authority must comply with a direction given under sub-paragraph (5A)(e) and must secure that the proceedings, once brought, are proceeded with to a proper conclusion.

(5C)The [F1Director General] may at any time withdraw a direction given under sub-paragraph (5A)(e); and sub-paragraph (5B) shall not impose any obligation in relation to any time after the withdrawal of the direction.

(5D)The appropriate authority must keep the [F1Director General] informed of the action it takes in response to a direction given under sub-paragraph (5A)(e).

(5E)The appropriate authority must comply with the direction given under sub-paragraph (5A)(f) and must notify the [F1Director General] of the determination it makes.

(5F)On receipt of the report [F25(or on its completion by the Director General)], where it is a report of an investigation of a complaint, the [F1Director General] may also make a recommendation under paragraph 28ZA.]

F26(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(13)In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) [F29, (2A)] [F30, (2B)] or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.]