SCHEDULES

C3C4SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C4

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

Conduct matters arising in civil proceedings

I1C1C210

1

This paragraph applies where—

a

a F1local policing body or chief officer has received notification (whether or not under this paragraph) that civil proceedings relating to any matter have been brought by a member of the public against F2that body or chief officer, or it otherwise appears to a F1local policing body or chief officer that such proceedings are likely to be so brought; and

b

it appears to F2that body or chief officer (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.

2

F4The authority or chief officer—

a

shall consider whether it or, as the case may be, he is the appropriate authority in relation to the conduct matter in question; and

b

if it or he is not, shall notify the person who is the appropriate authority about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in sub-paragraph (1)(b).

3

Where a F3local policing body or chief officer determines for the purposes of this paragraph that it or, as the case may be, he is the appropriate authority in relation to any conduct matter, it or he shall F6determine whether the matter is one which it or he is required to refer to the F8Director General under paragraph 13 or is one which it would be appropriate to so refer.

F54

In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the F8Director General under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.

4A

In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.

4B

In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.

4C

In any other case, the appropriate authority may (but need not) record the matter.

4D

In a case where the appropriate authority—

a

records a matter under this paragraph, and

b

is not required to refer the matter to the F8Director General under paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.

5

Nothing in F7sub-paragraph (4) or (4B) shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

6

For the purposes of this paragraph civil proceedings involve a conduct matter if—

a

they relate to such a matter; or

b

they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.

7

The Secretary of State may by regulations provide for the times at which, or the periods within which, any requirement of this paragraph is to be complied with; and the period from which any such period is to run shall be such time as may be specified in those regulations or as may be determined in a manner set out in the regulations.