Textual Amendments
F1Sch. 3 paras. 24A-24C inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 24; S.I. 2005/1521, art. 3(1)(w)
24B(1)If the Commission determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—E+W
(a)committed a criminal offence, or
(b)behaved in a manner which would justify the bringing of disciplinary proceedings,
it shall notify the appropriate authority in relation to the person whose conduct is in question of its determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.
(2)Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Commission under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter F2. . . .
[F3(3)Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—
(a)the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) investigate the conduct matter as if appointed or designated to do so, and
(b)the other provisions of this Schedule shall apply in relation to that matter accordingly.]
Textual Amendments
F2Words in Sch. 3 para. 24B(2) repealed (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 149, 153, Sch. 23 para. 16(2), Sch. 28 Pt. 8 (with s. 14(1)); S.I. 2008/2993, art. 2(1)(k)(ii) (subject to art. 3)
F3Sch. 3 para. 24B(3) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 16(3) (with s. 14(1)); S.I. 2008/2993, art. 2(1)(i)(i) (subject to art. 3)
24C(1)[F4This paragraph applies where] the Commission determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—E+W
(a)committed a criminal offence, or
(b)behaved in a manner which would justify the bringing of disciplinary proceedings,
F5...
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(3)The Commission may notify the appropriate authority that it must, in accordance with regulations under section 50 or 51 of the 1996 Act, determine—
(a)whether or not the performance of a person serving with the police is unsatisfactory, and
(b)what action (if any) the authority will take in respect of any such person's performance.]
[F7(4)On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the Commission setting out the determinations the authority has made.]
[F7(5)On receipt of a memorandum under sub-paragraph (4), the Commission shall—
(a)consider the memorandum and whether the appropriate authority has made the determinations under sub-paragraph (4) that the Commission considers appropriate;
(b)determine whether or not to make recommendations under paragraph 27;
(c)make such recommendations (if any) under that paragraph as it thinks fit.]]
Textual Amendments
F4Words in Sch. 3 para. 24C(1) substituted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(8)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)
F5Words in Sch. 3 para. 24C omitted (1.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(8)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)
F6Sch. 3 para. 24C(2) repealed (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 95(8)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(c)(iii)
F7Sch. 3 paras. 24C(3)-(5) inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 138(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)