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13(1)It shall be the duty of a [local policing body] or a chief officer to refer a recordable conduct matter to the [Director General] if, in a case (whether or not falling within paragraph 10) in which [the body] or chief officer is the appropriate authority—E+W
(a)that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;
(b)that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or
(c)the [Director General] notifies the appropriate authority that [the Director General] requires that matter to be referred to the [Director General] for [the Director General's] consideration.
(2)In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the [Director General] if that authority considers that it would be appropriate to do so by reason of—
(a)the gravity of the matter; or
(b)any exceptional circumstances.
(3)In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a [local policing body] maintaining any police force may refer any recordable conduct matter to the [Director General] if—
(a)it is one in relation to which the chief officer of police of that force is the appropriate authority; and
(b)the [local policing body] considers that it would be appropriate to do so by reason of—
(i)the gravity of the matter; or
(ii)any exceptional circumstances.
(4)Where there is an obligation under this paragraph to refer any matter to the [Director General], it must be so referred within such period as may be provided for by regulations made by the Secretary of State.
(5)Subject to sub-paragraph (7), the following powers—
(a)the power of the [Director General] by virtue of sub-paragraph (1)(c) to require a matter to be referred to [the Director General], and
(b)the power of a [local policing body] or chief officer to refer any matter to the [Director General] under sub-paragraph (2) or (3),
shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the [Director General].
(6)Where—
(a)a [local policing body] or chief officer refers a matter to the [Director General] under this paragraph, and
(b)[that body] or chief officer does not consider that to do so might prejudice [an investigation of that matter (whether an existing investigation or a possible future one)],
[that body] or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.
(7)A matter that has already been referred to the [Director General] under this paragraph on a previous occasion [, or that has been treated as having been so referred by virtue of paragraph 13A]—
(a)shall not be required to be referred again under this paragraph unless the [Director General] so directs; and
(b)shall not be referred in exercise of any power conferred by this paragraph unless the [Director General] consents.
Textual Amendments
Modifications etc. (not altering text)
Commencement Information