SCHEDULES

C2C3SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C3

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 3Investigations and subsequent proceedings

F5Re-investigations following a review

Annotations:
Amendments (Textual)
F5

Sch. 3 para. 26 cross-heading substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 36; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

I1C126

F61

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2

Where the F1Director General directs under paragraph 25 F7... that a complaint be re-investigated, F2the Director General shall make a determination of the form that the re-investigation should take.

3

Sub-paragraphs F8(4) to (7) of paragraph 15 shall apply in relation to a determination under sub-paragraph (2) as they apply in the case of a determination under that paragraph.

F93A

Where, following a recommendation under paragraph 25(4E)(a) in relation to a complaint, the appropriate authority determines that it is appropriate for it to re-investigate the complaint on its own behalf, sub-paragraphs (3) to (5) of paragraph 16 shall apply in relation to the re-investigation as they apply in relation to an investigation to which paragraph 16 applies.

4

The other provisions of this Schedule (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under paragraph F1025(4C)(b)F11... F12and any re-investigation of the type described in sub-paragraph (3A) of this paragraph as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

F134A

Where the F1Director General determines under sub-paragraph (2) that the re-investigation should take the form of an investigation by the appropriate authority on its own behalf, the F1Director General may also give the appropriate authority such directions as to the handling of the matter in future as the F1Director General thinks fit.

F45

The F1Director General shall notify the appropriate authority of any determination that F2the Director General makes under this paragraph and of F3the Director General's reasons for making the determination.

5A

The F1Director General shall also notify the following of any determination that F2the Director General makes under this paragraph and of F3the Director General's reasons for making the determination—

a

the complainant;

b

every person entitled to be kept properly informed in relation to the complaint under section 21;

c

the person complained against (if any).

5B

The duty imposed by sub-paragraph (5A) on the F1Director General shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

5C

Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (5B) as they apply for the purposes of that section.

F146

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