SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 3Investigations and subsequent proceedings

I1C1F122Final reports on investigations: complaints, conduct matters and certain DSI matters

1

This paragraph applies on the completion of an investigation of—

a

a complaint,

b

a conduct matter, or

c

a DSI matter in respect of which the Commission or the appropriate authority has made a determination under paragraph 21A(2) or (4).

2

A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.

3

A person appointed under paragraph 17 or 18 shall—

a

submit a report on his investigation to the Commission; and

b

send a copy of that report to the appropriate authority.

4

In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in sub-paragraphs (2) and (3) of this paragraph to the appropriate authority are references to—

a

the appropriate authority in relation to the DSI matter; and

b

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

5

A person designated under paragraph 19 as the person in charge of an investigation by the Commission itself shall submit a report on it to the Commission.

6

A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

F27

The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)—

a

to include such matters as are specified in the regulations;

b

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

8

A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request.

9

The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—

a

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

b

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

10

Those purposes are—

a

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;

b

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