27(1)This paragraph applies where, in the case of any investigation, the appropriate authority—E+W
(a)has given, or is required to give, a notification under paragraph 24(7) of the action it is [F1required to or will, in its discretion,] take in relation to the matters dealt with in any report of the investigation; or
(b)has submitted, or is required to submit, a memorandum to the Commission under paragraph 23 or 25 setting out the action that it is [F2required to or will, in its discretion,] take in relation to those matters.
(2)Subject to paragraph 20 and to any recommendations or directions under the following provisions of this paragraph, it shall be the duty of the appropriate authority—
(a)to take the action which has been or is required to be notified or, as the case may be, which is or is required to be set out in the memorandum; and
(b)in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.
(3)Where this paragraph applies by virtue of sub-paragraph (1)(b), the Commission may make a recommendation to the appropriate authority in respect of any person serving with the police—
[F3(za)that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to his conduct to which the investigation related;]
[F4(zb)that the person's performance is, or is not, unsatisfactory;]
[F5(a)that disciplinary proceedings of the form specified in the recommendation are brought against that person in respect of his conduct[F6, efficiency or effectiveness ] to which the investigation related;]
(b)that any disciplinary proceedings brought against that person are modified so as to [F7deal with such aspects of that conduct][F8, efficiency or effectiveness] as may be so specified;
and it shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.
(4)If, after the Commission has made a recommendation under this paragraph, the appropriate authority does not take steps to secure that full effect is given to the recommendation—
(a)the Commission may direct the appropriate authority to take steps for that purpose; and
(b)it shall be the duty of the appropriate authority to comply with the direction.
(5)A direction under sub-paragraph (4) may, to such extent as the Commission thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.
(6)Where the Commission gives the appropriate authority a direction under this paragraph, it shall supply the appropriate authority with a statement of its reasons for doing so.
(7)Where disciplinary proceedings have been brought in accordance with a recommendation or direction under this paragraph, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.
(8)The Commission may at any time withdraw a direction given under this paragraph; and sub-paragraph (7) shall not impose any obligation in relation to any time after the withdrawal of the direction.
(9)The appropriate authority shall keep the Commission informed—
(a)in a case in which this paragraph applies by virtue of sub-paragraph (1)(b), of whatever action it takes in pursuance of its duty under sub-paragraph (2); and
(b)in every case of a recommendation or direction under this paragraph, of whatever action it takes in response to that recommendation or direction.
Textual Amendments
F1Words in Sch. 3 para. 27(1)(a) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 18(2) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)
F2Words in Sch. 3 para. 27(1)(b) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 18(2) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)
F3Sch. 3 para. 27(3)(za) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 18(3)(a) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)
F4Sch. 3 para. 27(3)(zb) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 14(5)(a); S.I. 2012/2892, art. 2(g) (with art. 6)
F5Sch. 3 para. 27(3)(a) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 18(3)(b) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)
F6Words in Sch. 3 para. 27(3)(a) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 14(5)(b); S.I. 2012/2892, art. 2(g) (with art. 6)
F7Words in Sch. 3 para. 27(3)(b) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 18(3)(c) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)
F8Words in Sch. 3 para. 27(3)(b) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 14(5)(c); S.I. 2012/2892, art. 2(g) (with art. 6)
Modifications etc. (not altering text)
C1Sch. 3 para. 27 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3
Commencement Information
I1Sch. 3 para. 27 wholly in force at 1.4.2004; Sch. 3 para. 27 not in force at Royal Assent see s. 108(2); Sch. 3 para. 27 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 27 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)