a complaint is made to a chief officer about the conduct of a person under his direction and control, or

a chief officer becomes aware that a complaint about the conduct of a person under his direction or control has been made to the Commission or to a F89local policing body ,

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

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

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

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

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a F95local policing body determines, in the case of any complaint made to F96the body, that it is itself the appropriate authority,

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

a complaint is notified to a F97local policing body or chief officer under this paragraph,

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

the complaint has been withdrawn.

the decision to take no action and, if that decision relates to only part of what was received, the part in question;

the grounds on which the decision was made; and

that complainant’s right to appeal against that decision under this paragraph.

the complaint relates to a direction and control matter, and

the appeal relates to a failure by a local policing body.

determine whether any action under paragraph 2 should have been taken in the case in question; and

if the Commission finds in the complainant’s favour, give such directions as the Commission considers appropriate to the F98local policing body or chief officer as to the action to be taken for making a determination, or for notifying or recording what was received;

shall give notification both to the F102local policing body or, as the case may be, the chief officer and to the complainant of any determination made by it under this paragraph; and

shall give notification to the complainant of any direction given by it under this paragraph to the F102local policing body or chief officer.

for the form and manner in which appeals under this paragraph are to be brought;

for the period within which any such appeal must be brought; and

for the procedure to be followed by the Commission when dealing with or disposing of any such appeal.

the complaint is one alleging that the conduct complained of has resulted in death or serious injury;

the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

the Commission notifies the appropriate authority that it requires the complaint in question to be referred to the Commission for its consideration.

the gravity of the subject-matter of the complaint; or

any exceptional circumstances.

it is one in relation to which the chief officer of police of the police force maintained by F104that body is the appropriate authority; and

the power of the Commission by virtue of sub-paragraph (1)(c) to require a complaint to be referred to it, and

the power of a F105local policing body or chief officer to refer a complaint to the Commission under sub-paragraph (2) or (3),

to the complainant, and

except in a case where it appears to F107that body or chief officer that to do so might prejudice a possible future investigation of the complaint, to the person complained against.

shall not be required to be referred again under this paragraph unless the Commission so directs; and

shall not be referred in exercise of any power conferred by this paragraph unless the Commission consents.

a complaint relates to a direction and control matter, and

there is no obligation under this paragraph for the appropriate authority to refer the complaint to the Commission,

to the complainant, and

except in a case where it appears to the Commission that to do so might prejudice a possible future investigation of the complaint, to the person complained against.

referred back to the authority under paragraph 5, or

the subject of a determination under paragraph 15.

that it should handle the complaint otherwise than in accordance with this Schedule or should take no action in relation to it, and

that the complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph,

the authority applies to the Commission, in accordance with the regulations, for permission to so handle the complaint, and

the Commission gives permission.

that the appropriate authority has decided to handle the complaint as permitted by sub-paragraph (1) (in a case where the appropriate authority is not required to apply for permission under sub-paragraph (1A) to so handle the complaint); or

about the making of the application under sub-paragraph (1A) (in a case where the appropriate authority makes such an application).

consider the application and determine whether to grant the permission applied for; and

notify its decision to the appropriate authority and the complainant.

shall not be required by virtue of any of the provisions of this Schedule (other than paragraph 1) to take any action in relation to the complaint; but

may handle the complaint in whatever manner it thinks fit, or take no action in relation to the complaint, and for the purposes of handling the complaint may take any step that it could have taken, or would have been required to take, F199if it were not proceeding in accordance with this paragraph.

it shall refer the matter back to the appropriate authority for the making of a determination under F202paragraph 6(3); and

the authority shall then make that determination.

determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule;

the person in respect of whose decision the appeal is made under this paragraph, and

the relevant appeal body in relation to the appeal.

the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule.

is serving with the police, and

is under the direction and control of the chief officer of police of the relevant force,

for the different descriptions of procedures that are to be available for dealing with a complaint where it is decided it is to be subjected to local resolution;

for requiring a person complained against in a case in which the complaint is subjected to local resolution to be given an opportunity of commenting, in such manner as may be provided for in the regulations, on the complaint;

for requiring that, on the making of an application in accordance with the regulations, a record of the outcome of any procedure for the local resolution of any complaint is to be given to the complainant.

that the resolution of the complaint in that manner is impossible, or

that the complaint is, for any other reason, not suitable for such resolution,

any arrangements are made under sub-paragraph (4);

the Commission notifies the appropriate authority that it requires the complaint to be referred to the Commission under paragraph 4; or

the complaint is so referred otherwise than in pursuance of such a notification.

subjected to local resolution, or

handled otherwise than in accordance with this Schedule.

determine whether the outcome of the complaint is a proper outcome; and

if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the appropriate authority as to the action to be taken in relation to the complaint;

the appeal shall determine whether the outcome of the complaint is a proper outcome; and

if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate in relation to the complaint.

a F109local policing body or chief officer has received notification (whether or not under this paragraph) that civil proceedings relating to any matter have been brought by a member of the public against F110that body or chief officer, or it otherwise appears to a F109local policing body or chief officer that such proceedings are likely to be so brought; and

it appears to F110that body or chief officer (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.

shall consider whether it or, as the case may be, he is the appropriate authority in relation to the conduct matter in question; and

if it or he is not, shall notify the person who is the appropriate authority about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in sub-paragraph (1)(b).

records a matter under this paragraph, and

is not required to refer the matter to the Commission under paragraph 13 and does not do so,

they relate to such a matter; or

they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.

a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the F113local policing body or chief officer who is the appropriate authority in relation to that matter, and

it appears to the appropriate authority that the conduct involved in that matter falls within sub-paragraph (2),

it appears to have resulted in the death of any person or in serious injury to any person;

a member of the public has been adversely affected by it; or

it is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State.

records a matter under this paragraph, and

is not required to refer the matter to the Commission under paragraph 13 and does not do so,

that any matter that has come to its attention is a recordable conduct matter, but

that that matter has not been recorded by the appropriate authority,

that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

the Commission notifies the appropriate authority that it requires that matter to be referred to the Commission for its consideration.

the gravity of the matter; or

any exceptional circumstances.

it is one in relation to which the chief officer of police of that force is the appropriate authority; and

the power of the Commission by virtue of sub-paragraph (1)(c) to require a matter to be referred to it, and

the power of a F122local policing body or chief officer to refer any matter to the Commission under sub-paragraph (2) or (3),

a F123local policing body or chief officer refers a matter to the Commission under this paragraph, and

F124that body or chief officer does not consider that to do so might prejudice a possible future investigation of that matter,

shall not be required to be referred again under this paragraph unless the Commission so directs; and

shall not be referred in exercise of any power conferred by this paragraph unless the Commission consents.

the Commission refers a matter back to the appropriate authority under this paragraph, and

the Commission does not consider that to do so might prejudice a possible future investigation of that matter,

that any matter that has come to its attention is a DSI matter, but

that that matter has not been recorded by the appropriate authority,

a DSI matter comes to the attention of a F127local policing body , and

the relevant officer in relation to that matter is the chief officer of the force maintained by F128that body,

a chief officer becomes aware of a DSI matter, and

the relevant officer in relation to that matter is a person under his direction and control,

a complaint F1, recordable conduct matter or DSI matter is referred to the Commission; and

the Commission determines that it is necessary for the complaint or matter to be investigated.

the seriousness of the case; and

the public interest.

an investigation by the appropriate authority on its own behalf;

an investigation by that authority under the supervision of the Commission;

an investigation by that authority under the management of the Commission;

an investigation by the Commission.

the appropriate authority, and

any person previously appointed to carry out the investigation,

any determination made by that authority under F145paragraph 6(3) (whether following the recording of a complaint or on a reference back under paragraph 5(2)) or under paragraph 8(4), or

any determination made by the Commission under paragraph 15,

a determination falls to be made by that authority under paragraph F14310(4D), or F14411(3E) or 14(2) in relation to any recordable conduct matter F3or under paragraph 14D(2) in relation to any DSI matter; and

the appropriate authority determine that it is necessary for the matter to be investigated by the authority on its own behalf.

a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

a National Crime Agency officer,

in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and

in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

a National Crime Agency officer,

to select another person falling within sub-paragraph (2)(a) F8, (b) or (c) to investigate the complaint or matter; and

to notify the Commission of the person selected.

in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and

in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

a member of the Commission’s staff to take charge of the investigation on behalf of the Commission, and

all such other members of the Commission’s staff as are required by the Commission to assist him.

is designated under sub-paragraph (2) in relation to any investigation, but

does not already, by virtue of section 97(8) of the 1996 Act, have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,

section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”); or

section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of that Act not to apply to persons in police service).

such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order, and

such provisions of a code of practice under section 60, 60A or 66 of that Act as may be so specified,

are references to any power or privilege conferred by or under any enactment (including one passed after the passing of this Act) on a constable; and

a body required by section 26BA to enter into an agreement with the Commission, or

shall have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this sub-paragraph).

committed a criminal offence, or

behaved in a manner which would justify the bringing of disciplinary proceedings,

as soon as is reasonably practicable after his appointment or designation, or

in the case of a matter recorded in accordance with paragraph 21A(5) or 24B(2), as soon as is reasonably practicable after it is so recorded.

whether the conduct, if proved, would amount to misconduct or gross misconduct, and

if the conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take.

give the prescribed information about the results of the assessment;

give the prescribed information about the effect of paragraph 19C and of regulations under paragraph 19D;

set out the prescribed time limits for providing the person investigating the complaint or matter with relevant statements and relevant documents respectively for the purposes of paragraph 19C(2);

give such other information as may be prescribed.

the investigation, or

any other investigation (including, in particular, a criminal investigation).

an investigation of a complaint that has been certified under paragraph 19B(1) as one subject to special requirements, or

an investigation of a recordable conduct matter.

the person concerned provides the person investigating the complaint or matter with a relevant statement or a relevant document, or

any person of a prescribed description provides that person with a relevant document,

requiring the person concerned to attend an interview,

for determining how the time at which an interview is to be held is to be agreed or decided,

about the information that must be provided to the person being interviewed,

for enabling that person to be accompanied at the interview by a person of a prescribed description.

from office as constable, and

where that person is a member of a police force, from membership of that force.

is carried out by the appropriate authority under the management of the Commission, or

is carried out by the Commission itself.

is held with a serving officer during the course of the investigation by the person investigating the complaint or matter, and

is not within paragraph 19D(1).

requiring a serving officer to attend an interview,

for determining how the time at which an interview is to be held is to be agreed or decided,

about the information that must be provided to a serving officer being interviewed,

for enabling a serving officer to be accompanied at the interview by a person of a prescribed description.

is serving with the police, or

is serving with an additional police body.

is a member of, or is employed or otherwise engaged for the purposes of, that body, and

is of a prescribed description.

a body of constables which is maintained by an authority other than a local policing body and is prescribed in regulations made by the Secretary of State under this sub-paragraph, or

the National Crime Agency.

a Bill for an Act of the Northern Ireland Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and

the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).

the appropriate authority has certified the case as a special case under paragraph 20B(3) or 20E(3), or

a report on that investigation has been submitted to the Commission or to the appropriate authority under paragraph 22 F17or 24A .

a statement of his belief and the grounds for it; and

a written report on his investigation to that point;

a statement of his belief and the grounds for it; and

a written report on his investigation to that point;

there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct;

it is in the public interest for the person whose conduct F21it is to cease to be a member of a police force, or to be a special constable, without delay.

a statement and special report on an investigation carried out under the management of the Commission, or

a statement and special report on an investigation carried out by a person designated by the Commission,

certify the case as a special case for the purposes of regulations under section 50(3) or 51(2A) of the 1996 Act; and

take such steps as are required by those regulations in relation to a case so certified.

that the special conditions are not satisfied, or

that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

notifies the Commission of its determination that those conditions are not satisfied or (as the case may be) that they are so satisfied but the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings; and

(in either case) sets out its reasons for so determining.

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.

the findings of the special report;

the appropriate authority's determination under paragraph 20B(2); and

the action that the appropriate authority is required to take as a consequence of that determination.

consider the memorandum;

determine, in the light of that consideration, whether or not to make a recommendation under paragraph 20H; and

if it thinks fit to do so, make a recommendation under that paragraph.

a statement and a special report on an investigation carried out by an appropriate authority on its own behalf, or

a statement and a special report on an investigation carried out under the supervision of the Commission,

certify the case as a special case for the purposes of regulations under section 50(3) or 51(2A) of the 1996 Act; and

take such steps as are required by those regulations in relation to a case so certified.

that the special conditions are not satisfied, or

that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.

the findings of the report;

the authority's determination under paragraph 20E(2); and

the action that the authority is required to take in consequence of that determination.

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.

the findings of the special report; and

the Commission's recommendation under this paragraph.

the Commission may direct the appropriate authority so to certify it; and

it shall be the duty of the appropriate authority to comply with the direction and proceed accordingly.

the Commission makes a recommendation under paragraph 20H in the case of an investigation of a complaint, and

the appropriate authority notifies the Commission that the recommendation has been accepted,

notifies the Commission that it does not accept the recommendation made by the Commission under paragraph 20H, or

fails to certify the case under paragraph 20B(3) and to proceed accordingly,

of any determination under sub-paragraph (2) not to take further steps under paragraph 20H; and

where it determines under that sub-paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.

the complaint or matter is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph, and

discontinuance of the investigation is within the Commission's power.

the complaint or matter is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph, and

discontinuance of the investigation is not within the Commission's power.

discontinuance of the investigation of a matter other than a complaint is within the Commission's power if the investigation is under the supervision or management of the Commission.

to the appropriate authority;

to every person entitled to be kept properly informed in relation to the subject matter of the investigation under section 21; and

in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.

to every person entitled to be kept properly informed in relation to the investigation under section 21; and

in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.

the Commission may give the appropriate authority directions to do any such things as it is authorised to direct by regulations made by the Secretary of State;

the Commission may itself take any such steps of a description specified in regulations so made as it considers appropriate for purposes connected with the discontinuance of the investigation; and

subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of this Schedule in relation to that complaint or matter.

the appropriate authority may take any such steps of a description specified in regulations made by the Secretary of State as he or it considers appropriate for purposes connected with the discontinuance of the investigation; and

subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of this Schedule in relation to that complaint or matter.

determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for investigating the complaint;

the person in respect of whose decision an appeal is made under this paragraph, and

the relevant appeal body in relation to the appeal.

the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for investigating the complaint.

committed a criminal offence, or

behaved in a manner which would justify the bringing of disciplinary proceedings,

notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of its determination; and

send to it (or each of them) a copy of the submission under sub-paragraph (1).

committed a criminal offence, or

behaved in a manner which would justify the bringing of disciplinary proceedings,

if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and

notify the Commission of its determination and send to it a copy of the submission under sub-paragraph (3).

is notified of a determination by the Commission under sub-paragraph (2),

(in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or

(in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),

the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) continue the investigation as if appointed or designated to investigate the conduct matter, and

the other provisions of this Schedule shall apply in relation to that matter accordingly.

a complaint,F34 or

a conduct matter, or

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

submit a report on his investigation to the Commission; and

send a copy of that report to the appropriate authority.

the appropriate authority in relation to the DSI matter; and

(where different) the appropriate authority in relation to the person whose conduct is in question.

to include such matters as are specified in the regulations;

to be accompanied by such documents or other items as are so specified.

considers that the document or item is of relevance to the investigation, and

requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).

complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;

ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.

a report on an investigation carried out under the management of the Commission is submitted to it under sub-paragraph F39(3) of paragraph 22; or

a report on an investigation carried out by a person designated by the Commission is submitted to it under sub-paragraph F40(5) of that paragraph.

if it appears that the appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;

shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;

if it determines that F42those conditions are so satisfied, shall notify the Director of Public Prosecutions of the determination and send him a copy of the report; and