SCHEDULES
C2SCHEDULE 3Handling of Complaints and Conduct matters etc.
Part 3Investigations and subsequent proceedings
Final reports on investigations: complaints, conduct matters and certain DSI matters
I1C1F122
1
This paragraph applies on the completion of an investigation of—
a
a complaint,F2 or
b
a conduct matter, or
c
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.
3
A person appointed under paragraph F9... 18 shall—
a
submit a report on his investigation to the F10Director General; and
b
send a copy of that report to the appropriate authority.
4
In relation to F4a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5), 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.
F115
A person designated under paragraph 19 as the person in charge of an investigation must—
a
submit a report on the investigation to the Director General, or
b
where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.
6
A person submitting F12or, in the case of an investigation under paragraph 19 by the Director General personally, completing 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.
F66A
Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.
F57
The Secretary of State may by regulations make provision requiring a report on an investigation F8to which paragraph 19A applies—
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 F13or, in the case of an investigation under paragraph 19 by the Director General personally, completed a report under this paragraph on an investigation F8to which paragraph 19A applies must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request F7except so far as the person is prevented from doing so by section 21A.
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.
Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))