PART 8General
Relevant appeal body91
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 chief officer 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 disciplinary proceedings against a contractor; 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 199822);
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 21(3), 26(6), 28(1), 70(9) or 77(2);
“relevant complaint”, in relation to an appeal, means the complaint to which the appeal relates.