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.