27(1)This paragraph applies where, in the case of any investigation, the appropriate authority—E+W
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(c)has submitted, or is required to submit, a memorandum to the [F4Director General] under paragraph 24C(4).]
[F5(1A)But where this paragraph would otherwise apply by virtue of sub-paragraph (1)(c), it does not apply, or ceases to apply, in relation to the investigation if the [F4Director General] determines under section 13B that the DSI matter is to be re-investigated.]
(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 F6... 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.
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(3A)Where this paragraph applies by virtue of sub-paragraph (1)(c), the [F4Director General] may make a recommendation to the appropriate authority—
(a)that the performance of a person serving with the police is, or is not, satisfactory;
(b)that action of the form specified in the recommendation is taken in respect of the person's performance;
and it shall be the duty of the appropriate authority to notify the [F4Director General] 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 [F4Director General] 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 [F4Director General] 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 [F4Director General] thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.
(6)Where the [F4Director General] gives the appropriate authority a direction under this paragraph, [F9the Director General] shall supply the appropriate authority with a statement of its reasons for doing so.
(7)Where disciplinary [F10or other] 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 [F4Director General] 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 [F4Director General] informed—
(a)in a case in which this paragraph applies by virtue of sub-paragraph [F11(1)(c)], 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
F1Sch. 3 para. 27(1)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 15(10)(b)(i), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))
F2Sch. 3 para. 27(1)(b) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xviii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F3Sch. 3 para. 27(1)(c) and word inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 138(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)
F4Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F5Sch. 3 para. 27(1A) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 18(5), 183(1)(5)(e); S.I. 2020/5, reg. 2(f) (with art. 3(4))
F6Words in Sch. 3 para. 27(2)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 15(10)(b)(ii), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))
F7Sch. 3 para. 27(3) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xviii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F8Sch. 3 para. 27(3A) inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 138(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)
F9Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F10Words in Sch. 3 para. 27(7) inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(9)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)
F11Word in Sch. 3 para. 27(9)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xix); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
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)