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9. (1) Where, following or, where paragraph (2) applies, during the investigation of a report, complaint or allegation, it appears that the conduct of a senior officer may not have met the appropriate standard, the Police Authority shall consider what proceedings under regulation 11need be taken.
(2) This paragraph applies where, before the end of the investigation, it appears to the investigating officer that the case is one in respect of which the conditions specified in Part I of Schedule 2 to these regulations are likely to be satisfied and so informs the Police Authority or the Ombudsman as appropriate.
(3) Unless the Police Authority decide that no such proceedings need be taken, the Police Authority shall inform the senior officer in writing of the report, allegation or complaint and give him a written notice asking him whether or not he accepts that his conduct did not meet the appropriate standard, and at the same time the senior officer shall also be given in writing—
(a)in all cases, the caution set out in paragraph 1 Schedule 1,
(b)where the Police Authority reasonably believes that the presence of any object, substance or mark found on the person of the senior officer or in or on his clothing, footwear or otherwise in his possession or in any place in which the senior officer was present at a time material to the subject matter of the report, allegation or complaint may be attributable to the senior officer having breached the Code of Conduct, the caution set out in paragraph 2 of Schedule 1,
(c)where the Police Authority reasonably believes that the presence of the senior officer at a place at or about the time the breach of the Code of Conduct was alleged to have been committed may be attributable to his involvement in that breach, the caution set out in paragraph 3 of Schedule 1.
(4) If the Police Authority decide that no proceedings under regulation 11 need be taken, they shall so inform the senior officer in writing forthwith.
(5) In a case where paragraph (2) applies and where appropriate in consultation with the Ombudsman, the Police Authority shall—
(a)determine whether the case is one in respect of which the conditions specified in Part I of Schedule 2 to these regulations are satisfied; and
(b)if they determine that the case is one in respect of which these conditions are satisfied and unless they are of the opinion that the circumstances are such that it would be inappropriate to do so, certify the case as a special case;
and where the Police Authority certify the case under sub-paragraph (b), the notice to be given under paragraph (3) shall inform the senior officer concerned that it has been so certified.
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