Policing and Crime Act 2017

58 (1) Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows. E+W

(2) For “Commission”, in each place, substitute “ Director General ”.

(3) In paragraph 1(1)—

(a) after “, (2)” insert “ , (2A) ”;

(b) omit “itself”.

(4) In paragraph 4(1)—

(a) in the words before paragraph (a), for “it appears to the person in charge” substitute “ the Director General determines ”;

(b) for the words after paragraph (b) substitute “ the Director General must proceed under sub-paragraph (2) ”.

(5) For paragraph 4(2) substitute—

“(2) The Director General must—

(a) prepare a record of the determination,

(b) notify the appropriate authority in relation to the person whose conduct is in question of the determination, and

(c) send to it a copy of the record of the determination prepared under paragraph (a).”

(6) In paragraph 5(1)—

(a) for “it appears to the person in charge” substitute “ the Director General determines ”;

(b) for “the person must make a submission to that effect to the Commission” substitute “ the Director General must proceed under sub-paragraph (2) ”.

(7) For paragraph 5(2) substitute—

“(0) The Director General must—

(a) prepare a record of the determination,

(b) notify the appropriate authority in relation to the DSI matter, and

(c) send to it a copy of the determination prepared under paragraph (a).”

(8) After paragraph 6(1) insert—

“(1A) Sub-paragraph (1) does not apply where the person in charge of the investigation is the Director General acting personally, but the Director General must complete a report on the investigation.”

(9) In paragraph 6(2)(a) for “the report” substitute “ a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) ”.

(10) In paragraph 7(1) after “paragraph 6” insert “ (1) or on its completion by the Director General under paragraph 6(1A) ”.

Commencement Information

I1 Sch. 9 para. 58 in force for certain purposes at Royal Assent, see s. 183

I2 Sch. 9 para. 58 in force at 8.1.2018 in so far as not already in force by S.I. 2017/1249, reg. 2 (with reg. 3)