SCHEDULES

C2C3SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C3

Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))

Part 1Handling of complaints

Reference of complaints to the F6Director General

Annotations:
Amendments (Textual)
F6

Words 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)

I1C14

1

It shall be the duty of the appropriate authority to refer a complaint to the F6Director General if—

a

the complaint is one alleging that the conduct F11or other matter complained of has resulted in death or serious injury;

b

the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

c

the F6Director General notifies the appropriate authority that F8the Director General requires the complaint in question to be referred to the F6Director General for F9the Director General's consideration.

2

In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the F6Director General if that authority considers that it would be appropriate to do so so by reason of—

a

the gravity of the subject-matter of the complaint; or

b

any exceptional circumstances.

3

In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a F1local policing body may refer a complaint to the F6Director General if—

a

it is one in relation to which the chief officer of police of the police force maintained by F2that body is the appropriate authority; and

b

the F1local policing body considers that it would be appropriate to do so reason of—

i

the gravity of the subject-matter of the complaint; or

ii

any exceptional circumstances.

4

Where there is an obligation under this paragraph to refer a complaint to the F6Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

5

Subject to sub-paragraph (7), the following powers—

a

the power of the F6Director General by virtue of sub-paragraph (1)(c) to require a complaint to be referred to F8the Director General, and

b

the power of a F3local policing body or chief officer to refer a complaint to the F6Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the F6Director General.

F175A

The power of an appropriate authority to refer a complaint to the F6Director General under sub-paragraph (2) is also exercisable after a complaint has been handled in accordance with this Schedule if a recommendation is made under paragraph 6A(6)(a) or 25(4E)(b) (recommendation on a review).

6

A F4local policing body or chief officer which refers a complaint to the F6Director General under this paragraph shall give a notification of the making of the reference—

a

to the complainant, and

b

except in a case where it appears to F5that body or chief officer that to do so might prejudice F13an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against F12(if any).

F146A

A local policing body which refers a complaint to the F6Director General under sub-paragraph (3) shall also give a notification of the making of the reference to the appropriate authority.

7

A complaint that has already been referred to the F7Director General under this paragraph on a previous occasion F10, or that has been treated as having been so referred by virtue of paragraph 4A—

a

shall not be required to be referred again under this paragraph unless the F6Director General so directs; and

b

shall not be referred in exercise of any power conferred by this paragraph unless the F6Director General consents.

F158

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169

The appropriate authority must record any complaint that is referred to the F6Director General under this paragraph that has not already been recorded.