Police Reform Act 2002

2 [F1 (1) Where a complaint is made to the Commission, it shall give notification of the complaint to the appropriate authority. E+W

(1A) But the Commission need not give that notification if the Commission considers that there are exceptional circumstances that justify its not being given.]

(2) Where a complaint is made to a [F2 local policing body], it shall—

(a) determine whether or not it is itself the appropriate authority; and

(b) if it determines that it is not, give notification of the complaint to the person who is.

(3) Where a complaint is made to a chief officer, he shall—

(a) determine whether or not he is himself the appropriate authority; and

(b) if he determines that he is not, give notification of the complaint to the person who is.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the Commission, a [F4 local policing body] or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) F5 ..., the person who gave the notification F6 ... shall notify the complainant—

(a) that the notification has been given and of what it contained; or

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where—

(a) a [F8 local policing body] determines, in the case of any complaint made to [F9 the body], that it is itself the appropriate authority,

(b) a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or

(c) a complaint is notified to a [F10 local policing body] or chief officer under this paragraph,

[F11 the body] or chief officer shall record the complaint.

(7) Nothing in this paragraph shall require the notification or recording by any person of any complaint about any conduct if—

(a) that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was; or

(b) the complaint has been withdrawn.

[F12 (8) Nothing in this paragraph shall require the recording by any person of any complaint about any conduct if that person considers that the complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph.]

Textual Amendments

F1 Sch. 3 para. 2(1) (1A) substituted for Sch. 3 para. 2(1) (16.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 8(2); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(g) (with art. 6)

F2 Words in Sch. 3 para. 2(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(3)(a); S.I. 2011/3019, art. 3, Sch. 1

F3 Sch. 3 para. 2(4) omitted (16.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 8(3); S.I. 2011/3019, art. 3, Sch. 1; S.I. 2012/2892, art. 2(g) (with art. 6)

F4 Words in Sch. 3 para. 2(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(3)(a); S.I. 2011/3019, art. 3, Sch. 1

F5 Words in Sch. 3 para. 2(5) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 8(4)(a)(i); S.I. 2012/2892, art. 2(g) (with art. 6)

F6 Words in Sch. 3 para. 2(5) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 8(4)(a)(ii); S.I. 2012/2892, art. 2(g) (with art. 6)

F7 Sch. 3 para. 2(5)(b) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 8(4)(b); S.I. 2012/2892, art. 2(g) (with art. 6)

F8 Words in Sch. 3 para. 2(6)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(3)(b)(i); S.I. 2011/3019, art. 3, Sch. 1

F9 Words in Sch. 3 para. 2(6)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(3)(b)(ii); S.I. 2011/3019, art. 3, Sch. 1

F10 Words in Sch. 3 para. 2(6)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(3)(c); S.I. 2011/3019, art. 3, Sch. 1

F11 Words in Sch. 3 para. 2(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(3)(d); S.I. 2011/3019, art. 3, Sch. 1

F12 Sch. 3 para. 2(8) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 8(5); S.I. 2012/2892, art. 2(g) (with art. 6)

Modifications etc. (not altering text)

C1 Sch. 3 para. 2 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3

Commencement Information

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