[F1[F120E(1)This paragraph applies where—
(a)a statement and a special report on an investigation carried out by an appropriate authority on its own behalf, or
(b)a statement and a special report on an investigation carried out under the supervision of the Commission,
are submitted to the appropriate authority under paragraph 20A(2) or (3).
(2)The appropriate authority shall determine whether the special conditions are satisfied.
(3)If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—
(a)certify the case as a special case for the purposes of Regulation 11 of the Police (Conduct) Regulations 2004 (S.I. 2004/645); and
(b)subject to any request made under paragraph 20G(1), take such steps as are required by that Regulation in relation to a case so certified.
(4)The reference in sub-paragraph (3) to Regulation 11 includes a reference to any corresponding provision replacing that Regulation.
(5)If the appropriate authority determines that the special conditions are satisfied then it shall notify the Director of Public Prosecutions of its determination and send him a copy of the special report.
(6)Where the statement and report were required under paragraph 20A(2) to be copied to the Commission, the appropriate authority shall notify the Commission of a certification under sub-paragraph (3).
(7)If the appropriate authority determines—
(a)that the special conditions are not satisfied, or
(b)that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,
it shall notify the person appointed under paragraph 16 or 17 of its determination.
(8)In this paragraph “special conditions” has the meaning given by paragraph 20A(7).]]
Textual Amendments
F1Sch. 3 paras. 20A-20I inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 159, 178, Sch. 11 para. 3; S.I. 2005/1521, art. 3(1)(v)