The National Crime Agency (Complaints and Misconduct) Regulations 2013

Relevant appeal body

83.—(1) The relevant appeal body in relation to an appeal is—

(a) the Commission, in a case where the relevant complaint falls within a description of a complaint specified in paragraph (2);

(b) the Director General in any other case.

(2) Complaints to which this paragraph applies are any complaint—

(a) about the conduct of a senior officer;

(b) in the case of which the appropriate authority is unable to satisfy itself, from the complaint alone, that the conduct complained of (if it were proved)—

(i) would not justify the bringing of criminal or misconduct proceedings against a person serving with the police; or

(ii) would not involve the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998(1));

(c) that has been, or must be, referred to the Commission under regulation 22;

(d) arising from the same incident as a complaint to which sub-paragraph (a), (b) or (c) applies;

(e) to any part of which sub-paragraph (a), (b), (c) or (d) applies.

(3) Where an appeal is made to the Commission and the appropriate authority is the relevant appeal body in relation to the appeal, the Commission must—

(a) forward the appeal to the appropriate authority; and

(b) notify the person who made the appeal that—

(i) the appropriate authority is the relevant appeal body; and

(ii) the appeal has been forwarded.

(4) In an appeal to which paragraph (3) applies, the appeal is taken to have been—

(a) made to the appropriate authority; and

(b) so made at the time when it is forwarded to the appropriate authority.

(5) Where an appeal is made to the appropriate authority and the Commission is the relevant appeal body in relation to the appeal, the appropriate authority must—

(a) forward the appeal to the Commission; and

(b) notify the person who made the appeal that—

(i) the Commission is the relevant appeal body; and

(ii) the appeal has been forwarded.

(6) In an appeal to which paragraph (5) applies, the appeal is taken to have been—

(a) made to the Commission; and

(b) so made at the time when it is forwarded to the Commission.

(7) In this regulation—

“appeal” mean an appeal under regulation 25(15), 27(1), 64(19) or 71(2);

“relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.

(1)

1998 c. 42.