13(1)It shall be the duty of a [F1local policing body] or a chief officer to refer a recordable conduct matter to the [F2Director General] if, in a case (whether or not falling within paragraph 10) in which [F3the 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 [F2Director General] notifies the appropriate authority that [F4the Director General] requires that matter to be referred to the [F2Director General] for [F5the 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 [F2Director 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 [F6local policing body] maintaining any police force may refer any recordable conduct matter to the [F2Director 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 [F7local 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 [F2Director 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 [F2Director General] by virtue of sub-paragraph (1)(c) to require a matter to be referred to [F4the Director General], and
(b)the power of a [F8local policing body] or chief officer to refer any matter to the [F2Director 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 [F2Director General].
(6)Where—
(a)a [F9local policing body] or chief officer refers a matter to the [F2Director General] under this paragraph, and
(b)[F10that body] or chief officer does not consider that to do so might prejudice [F11an investigation of that matter (whether an existing investigation or a possible future one)],
[F10that 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 [F2Director General] under this paragraph on a previous occasion [F12, 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 [F2Director General] so directs; and
(b)shall not be referred in exercise of any power conferred by this paragraph unless the [F2Director General] consents.
Textual Amendments
F1Words in Sch. 3 para. 13(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(a)(i); S.I. 2011/3019, art. 3, Sch. 1
F2Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F3Words in Sch. 3 para. 13(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(a)(ii); S.I. 2011/3019, art. 3, Sch. 1
F4Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F5Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(5) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F6Words in Sch. 3 para. 13(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(b)(i); S.I. 2011/3019, art. 3, Sch. 1
F7Words in Sch. 3 para. 13(3)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(b)(ii); S.I. 2011/3019, art. 3, Sch. 1
F8Words in Sch. 3 para. 13(5)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(c); S.I. 2011/3019, art. 3, Sch. 1
F9Words in Sch. 3 para. 13(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(d)(i); S.I. 2011/3019, art. 3, Sch. 1
F10Words in Sch. 3 para. 13(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(d)(ii); S.I. 2011/3019, art. 3, Sch. 1
F11Words in Sch. 3 para. 13(6)(b) 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. 12; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F12Words in Sch. 3 para. 13(7) inserted (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), ss. 17(5), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))
Modifications etc. (not altering text)
C1Sch. 3 para. 13 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3
Commencement Information
I1Sch. 3 para. 13 wholly in force at 1.4.2004; Sch. 3 para. 13 not in force at Royal Assent see s. 108(2); Sch. 3 para. 13 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 13 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)
