Police Reform and Social Responsibility Act 2011

Disapplication of requirements of Schedule 3 to 2002 Act

10 (1) Schedule 3 (handling of complaints and conduct matters) is amended in accordance with this paragraph.

(2) In the italic heading that precedes paragraph 7 (dispensation by the Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation by the Commission from” substitute “Disapplication of”.

(3) Paragraph 7 is amended in accordance with the following provisions of this paragraph.

(4) In sub-paragraph (1), omit “apply to the Commission, in accordance with the regulations, for permission to”.

(5) After sub-paragraph (1) insert—

“(1A) But, in a case where paragraph 6 applies by virtue of paragraph 6(2)(a) or (b), the appropriate authority may not handle the complaint in whatever manner (if any) the authority thinks fit unless—

(a) the authority applies to the Commission, in accordance with the regulations, for permission to so handle the complaint, and

(b) the Commission gives permission.”.

(6) For sub-paragraph (2) substitute—

“(2) The appropriate authority shall notify the complainant—

(a) that the appropriate authority has decided to handle the complaint as permitted by sub-paragraph (1) (in a case where the appropriate authority is not required to apply for permission under sub-paragraph (1A) to so handle the complaint); or

(b) about the making of the application under sub-paragraph (1A) (in a case where the appropriate authority makes such an application).”.

(7) In sub-paragraph (5)—

(a) for the words before paragraph (a) substitute—

“(5) Where the complaint is to be handled in whatever manner (if any) the authority thinks fit (whether or not the Commission’s permission is needed), the authority—”;

(b) in sub-paragraph (b), for “but for the permission” substitute “if it were not proceeding in accordance with this paragraph”.

(8) In sub-paragraph (6)—

(a) after “Where” insert “the appropriate authority applies to the Commission under sub-paragraph (1A) and”;

(b) omit “under this paragraph”.