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The Police and Criminal Evidence Act 1984 (Commencement No. 2) Order 1985

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4.—(1) This Article applies to any complaint falling to be dealt with before the commencement date under the former complaints provisions and not disposed of in accordance with those provisions by that date.

(2) Subject to the following provisions of this Order any such complaint shall, as from the commencement date, continue to be dealt with as if Part IX of the 1984 Act had been in force at the date on which it was made, and as if anything done or falling to be done in relation thereto before the commencement date under any of the former complaints provisions was done or fell to be done in relation thereto under the corresponding provision of the said Part IX and the Regulations made thereunder, and, in particular—

(a)where any such complaint was recorded under section 49(1) of the 1964 Act it shall be treated as having been recorded under section 85(1) of the 1984 Act;

(b)where, under the said section 49(1), a chief officer has caused any such complaint to be investigated and has appointed an officer for that purpose, the officer shall be treated as having been appointed to investigate the complaint formally under section 85(3) of the 1984 Act;

(c)a request made before the commencement date by a chief officer or a police authority to the chief officer of another force to provide an officer for the purpose of carrying out an investigation of any such complaint shall be treated as if it had been made by him to that other chief officer in relation to that complaint under section 85(7) of the 1984 Act or, in the case of a complaint against a senior officer, by the police authority under section 86(3) of that Act.

(d)where the report of an investigation of any such complaint has been submitted to the Director of Public Prosecutions under section 49(3) of the 1964 Act, it shall be treated as having been submitted under section 90(4) of the 1984 Act;

(e)where a copy of a report of an investigation of any such complaint has been submitted to the Board with a copy of the complaint and a memorandum under section 2(1)(b) of the 1976 Act, the memorandum shall be treated as having been submitted to the Authority under section 90(7) of the 1984 Act; and

(f)where, under section 3(2) of the 1976 Act, a recommendation has been made or a direction given by the Board to a chief officer as to disciplinary charges to be preferred by him in relation to any such complaint, the recommendation or direction shall be treated as made or given to him by the Authority in relation to that complaint under subsection (1) or, as the case may be, subsection (3) of section 93 of the 1984 Act.

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