Police Reform Act 2002 (c. 30)

SCHEDULES

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

Modifications etc. (not altering text)

C1 Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))

Part 2 E+W Handling of conduct matters

Duties of [F1 Director General] on references under paragraph 13 E+W

Textual Amendments

F1 Words 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)

14 (1) It shall be the duty of the [F1 Director General], in the case of every recordable conduct matter referred to [F2 the Director General] by a [F3 local policing body] or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated. E+W

[F4 (1A) The Secretary of State may by regulations provide that the [F1 Director General] must determine that it is necessary for recordable conduct matters referred to [F2 the Director General] that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the [F1 Director General] applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the [F1 Director General] is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.]

(2) Where the [F1 Director General] determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated [F5 —

(a) in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the [F6 Director General's] determination), the [F1 Director General] must refer the matter back to the appropriate authority for the investigation to be completed, and

(b) in any other case, the [F1 Director General] may, if [F2 the Director General] thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.]

(3) Where—

(a) the [F1 Director General] refers a matter back to the appropriate authority under this paragraph, and

(b) the [F1 Director General] does not consider that to do so might prejudice [F7 an investigation of that matter (whether an existing investigation or a possible future one)],

the [F1 Director General] shall give a notification of the making of the reference to the person to whose conduct that matter relates.

Textual Amendments

F2 Words 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)

F3 Words in Sch. 3 para. 14(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(6); S.I. 2011/3019, art. 3, Sch. 1

F4 Sch. 3 para. 14(1A)-(1C) 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), s. 183(1)(5)(e), Sch. 5 para. 13(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F5 Words in Sch. 3 para. 14(2) 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. 13(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F6 Words 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(3) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F7 Words in Sch. 3 para. 14(3)(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. 13(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

C2 Sch. 3 para. 14 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

I1 Sch. 3 para. 14 wholly in force at 1.4.2004; Sch. 3 para. 14 not in force at Royal Assent see s. 108(2); Sch. 3 para. 14 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 14 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)