SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 3Investigations and subsequent proceedings

Investigations F1directed by the F2Director General

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(1)

This paragraph applies where the F2Director General has determined that F3the Director General should F4direct the investigation by the appropriate authority of any complaint F5, recordable conduct matter or DSI matter.

F6(2)

On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—

(a)

a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

(b)

a National Crime Agency officer,

to investigate the complaint or matter.

(2A)

The F2Director General may require that no appointment is made under sub-paragraph (2) unless F3the Director General has given notice to the appropriate authority that F3the Director General approves the person whom that authority proposes to appoint.

(2B)

Where at any time the F2Director General is not satisfied with the person investigating, the F2Director General may require the appropriate authority, as soon as reasonably practicable after being required to do so—

(a)

to select another person falling within sub-paragraph (2)(a) or (b) to investigate the complaint or matter, and

(b)

to notify the F2Director General of the person selected.

(2C)

Sub-paragraph (2B) applies whether the person investigating was appointed—

(a)

before the appropriate authority was given notice of the F7Director General's determination that F3the Director General should direct the investigation by the appropriate authority,

(b)

under sub-paragraph (2) (including where the appointment was approved by the F2Director General in accordance with sub-paragraph (2A)), or

(c)

under sub-paragraph (2D)(a).

(2D)

Where a selection made in pursuance of a requirement under sub-paragraph (2B) has been notified to the F2Director General—

(a)

the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the F2Director General notifies the authority that F3the Director General approves the appointment of that person;

(b)

if the F2Director General notifies the authority that F3the Director General does not approve the appointment of that person, the appropriate authority must make another selection in accordance with sub-paragraph (2B).

(2E)

A person appointed under this paragraph to investigate any complaint or conduct matter—

(a)

in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer's direction and control, and

(b)

in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).

(2F)

A person appointed under this paragraph to investigate any DSI matter—

(a)

in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control, and

(b)

in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be a person nominated by the Secretary of State for appointment under this paragraph (and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a)).

(3)

The person appointed to investigate the complaint or matter shall, in relation to that investigation, be under the direction and control of the F2Director General.

F8(4)

The person appointed to investigate the complaint or matter shall keep the F2Director General informed of the progress of the investigation.