SCHEDULES

C1C2SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C2

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 3Investigations and subsequent proceedings

F3Action by the F8Director General in F11relation to an investigation report under paragraph 24A

Annotations:
Amendments (Textual)
F8

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)

F11

Word in Sch. 3 para. 24B cross-heading 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(19); S.I. 2017/1249, reg. 2 (with reg. 3)

24B

1

If the F8Director General determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings,

F9the Director General shall notify the appropriate authority in relation to the person whose conduct is in question of F10the Director General's 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.

F121A

Sub-paragraph (3A) of paragraph 24A applies for the purposes of sub-paragraph (1) of this paragraph as it applies for the purposes of sub-paragraph (2)(b) of that paragraph.

2

Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the F8Director General under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter F1. . . .

F23

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 F8Director General under paragraph F1315(5A) or (5B)) 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.

24C

1

F5This paragraph applies where the F8Director General determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings,

F6...

F72

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

F43

The F8Director General 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.

F44

On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the F8Director General setting out the determinations the authority has made.

F45

On receipt of a memorandum under sub-paragraph (4), the F8Director General shall—

a

consider the memorandum and whether the appropriate authority has made the determinations under sub-paragraph (4) that the F8Director General considers appropriate;

b

determine whether or not to make recommendations under paragraph 27;

c

make such recommendations (if any) under that paragraph as F9the Director General thinks fit.