Unsatisfactory performance
12.—(1) Where the Ombudsman in consultation with the Chief Constable considers a complaint against a designated person to be a matter of unsatisfactory performance rather than misconduct, the Ombudsman shall notify the Chief Constable and forward all relevant material to enable the matter to be dealt with in accordance with such procedures as may be appropriate for dealing with instances of unsatisfactory performance by designated persons.
(2) Where the Ombudsman forwards a complaint to the Chief Constable under paragraph (1) —
(a)the requirements of sections 52 to 59 of the 1998 Act, to the extent that they have not already been satisfied, shall be dispensed with, and
(b)the Ombudsman shall notify—
(i)the designated person concerned,
(ii)the complainant, and
(iii)in the case of a complaint against a designated person employed by a contractor, the contractor concerned,
accordingly.