Search Legislation

Police Reform Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 26

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Police Reform Act 2002, Paragraph 26. Help about Changes to Legislation

This section has no associated Explanatory Notes

26F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)Where the [F2Director General] directs under paragraph 25 F3... that a complaint be re-investigated, [F4the Director General] shall make a determination of the form that the re-investigation should take.

(3)Sub-paragraphs [F5(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.

[F6(3A)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 [F725(4C)(b)] F8... [F9and 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.

[F10(4A)Where the [F2Director 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 [F2Director General] may also give the appropriate authority such directions as to the handling of the matter in future as the [F2Director General] thinks fit.]

[F11(5)The [F2Director General] shall notify the appropriate authority of any determination that [F4the Director General] makes under this paragraph and of [F12the Director General's] reasons for making the determination.

(5A)The [F2Director General] shall also notify the following of any determination that [F4the Director General] makes under this paragraph and of [F12the 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 [F2Director 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.]

F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 3 para. 26(1) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 37(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

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. 26(2) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 37(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

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)

F5Word in Sch. 3 para. 26(3) 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. 37(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F6Sch. 3 para. 26(3A) 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. 37(5); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F7Word in Sch. 3 para. 26(4) 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. 37(6)(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F8Words in Sch. 3 para. 26(4) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 37(6)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F9Words in Sch. 3 para. 26(4) 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. 37(6)(c); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F10Sch. 3 para. 26(4A) 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. 37(7); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F11Sch. 3 para. 26(5)-(5C) substituted for Sch. 3 para. 26(5) (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. 37(8); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F12Words 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)

F13Sch. 3 para. 26(6) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 37(9); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 26 wholly in force at 1.4.2004; Sch. 3 para. 26 not in force at Royal Assent see s. 108(2); Sch. 3 para. 26 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 26 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Back to top

Options/Help