SCHEDULES

SCHEDULE 3U.K.Handling of Complaints and Conduct matters etc.

Part 3U.K.Investigations and subsequent proceedings

Duties with respect to disciplinary proceedings [F1etc] E+W

27(1)This paragraph applies where, in the case of any investigation, the appropriate authority—E+W

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(c)has submitted, or is required to submit, a memorandum to the [F5Director General] under paragraph 24C(4).]

[F6(1A)But where this paragraph would otherwise apply by virtue of sub-paragraph (1)(c), it does not apply, or ceases to apply, in relation to the investigation if the [F5Director General] determines under section 13B that the DSI matter is to be re-investigated.]

(2)Subject to paragraph 20 and to any recommendations or directions under the following provisions of this paragraph, it shall be the duty of the appropriate authority—

(a)to take the action F7... which is or is required to be set out in the memorandum; and

(b)in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(3A)Where this paragraph applies by virtue of sub-paragraph (1)(c), the [F5Director General] may make a recommendation to the appropriate authority—

(a)that the performance of a person serving with the police is, or is not, satisfactory;

(b)that action of the form specified in the recommendation is taken in respect of the person's performance;

and it shall be the duty of the appropriate authority to notify the [F5Director General] whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.]

(4)If, after the [F5Director General] has made a recommendation under this paragraph, the appropriate authority does not take steps to secure that full effect is given to the recommendation—

(a)the [F5Director General] may direct the appropriate authority to take steps for that purpose; and

(b)it shall be the duty of the appropriate authority to comply with the direction.

(5)A direction under sub-paragraph (4) may, to such extent as the [F5Director General] thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.

(6)Where the [F5Director General] gives the appropriate authority a direction under this paragraph, [F10the Director General] shall supply the appropriate authority with a statement of its reasons for doing so.

(7)Where disciplinary [F11or other] proceedings have been brought in accordance with a recommendation or direction under this paragraph, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.

(8)The [F5Director General] may at any time withdraw a direction given under this paragraph; and sub-paragraph (7) shall not impose any obligation in relation to any time after the withdrawal of the direction.

(9)The appropriate authority shall keep the [F5Director General] informed—

(a)in a case in which this paragraph applies by virtue of sub-paragraph [F12(1)(c)], of whatever action it takes in pursuance of its duty under sub-paragraph (2); and

(b)in every case of a recommendation or direction under this paragraph, of whatever action it takes in response to that recommendation or direction.