13(1)It shall be the duty of a [F1local policing body] or a chief officer to refer a recordable conduct matter to the Commission if, in a case (whether or not falling within paragraph 10) in which [F2the body] or chief officer is the appropriate authority—E+W
(a)that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;
(b)that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or
(c)the Commission notifies the appropriate authority that it requires that matter to be referred to the Commission for its consideration.
(2)In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the Commission if that authority considers that it would be appropriate to do so by reason of—
(a)the gravity of the matter; 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 [F3local policing body] maintaining any police force may refer any recordable conduct matter to the Commission if—
(a)it is one in relation to which the chief officer of police of that force is the appropriate authority; and
(b)the [F4local policing body] considers that it would be appropriate to do so by reason of—
(i)the gravity of the matter; or
(ii)any exceptional circumstances.
(4)Where there is an obligation under this paragraph to refer any matter to the Commission, 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 Commission by virtue of sub-paragraph (1)(c) to require a matter to be referred to it, and
(b)the power of a [F5local policing body] or chief officer to refer any matter to the Commission under sub-paragraph (2) or (3),
shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Commission.
(6)Where—
(a)a [F6local policing body] or chief officer refers a matter to the Commission under this paragraph, and
(b)[F7that body] or chief officer does not consider that to do so might prejudice a possible future investigation of that matter,
[F7that body] or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.
(7)A matter that has already been referred to the Commission under this paragraph on a previous occasion—
(a)shall not be required to be referred again under this paragraph unless the Commission so directs; and
(b)shall not be referred in exercise of any power conferred by this paragraph unless the Commission consents.
Textual Amendments
F1Words in Sch. 3 para. 13(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(a)(i); S.I. 2011/3019, art. 3, Sch. 1
F2Words in Sch. 3 para. 13(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(a)(ii); S.I. 2011/3019, art. 3, Sch. 1
F3Words in Sch. 3 para. 13(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(b)(i); S.I. 2011/3019, art. 3, Sch. 1
F4Words in Sch. 3 para. 13(3)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(b)(ii); S.I. 2011/3019, art. 3, Sch. 1
F5Words in Sch. 3 para. 13(5)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(c); S.I. 2011/3019, art. 3, Sch. 1
F6Words in Sch. 3 para. 13(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(d)(i); S.I. 2011/3019, art. 3, Sch. 1
F7Words in Sch. 3 para. 13(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(d)(ii); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Sch. 3 para. 13 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. 13 wholly in force at 1.4.2004; Sch. 3 para. 13 not in force at Royal Assent see s. 108(2); Sch. 3 para. 13 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 13 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)