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Police and Magistrates' Courts Act 1994

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This is the original version (as it was originally enacted).

35Steps to be taken after investigation of complaint

(1)Section 90 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (steps to be taken after investigation: general) shall be amended as follows.

(2)In subsection (3), paragraph (ii) and the word “and” immediately preceding it shall be omitted.

(3)In subsection (4), paragraph (b) and the word “and” immediately preceding it shall be omitted.

(4)In subsection (5)—

(a)for the words “Subject to section 91(1) below” there shall be substituted the words “In such cases as may be prescribed by regulations made by the Secretary of State”, and

(b)for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons”.

(5)Subsection (6) shall be omitted.

(6)In subsection (7)—

(a)for the words “Subject to section 91(1) below” there shall be substituted the words “In such cases as may be prescribed by regulations made by the Secretary of State”, and

(b)for the words “preferred disciplinary charges” onwards there shall be substituted the words “brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation and, if not, giving his reasons”.

(7)Subsection (8) shall be omitted.

(8)In subsection (9) for the words “the chief officer” onwards there shall be substituted the words “then, if the chief officer is required by virtue of regulations under subsection (5) or (7) above to send the Authority a memorandum, he shall at the same time send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation”.

(9)In subsection (10)—

(a)in paragraph (a) for the words “prefer disciplinary charges” onwards there shall be substituted the words “bring disciplinary proceedings, it shall be his duty to bring and proceed with them; and”, and

(b)in paragraph (b) for the words “preferred such charges” there shall be substituted the words “brought such proceedings”.

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