- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police Reform Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
23(1)This paragraph applies where—
(a)a report on an investigation carried out under the management of the Commission is submitted to it under sub-paragraph [F2(3)] of paragraph 22; or
(b)a report on an investigation carried out by a person designated by the Commission is submitted to it under sub-paragraph [F3(5)] of that paragraph.
(2)On receipt of the report, the Commission—
(a)if it appears that the appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;
[F4(b)shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;]
(c)if it determines that [F5those conditions are so satisfied], shall notify the Director of Public Prosecutions of the determination and send him a copy of the report; and
(d)shall notify the appropriate authority [F6and the persons mentioned in sub-paragraph (5)] of its determination under paragraph (b) and of any action taken by it under paragraph (c).
[F7(2A)The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.
(2B)The second condition is that—
(a)the circumstances are such that, in the opinion of the Commission, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or
(b)any matters dealt with in the report fall within any prescribed category of matters.]
(3)The Director of Public Prosecutions shall notify the Commission of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2)(c).
(4)It shall be the duty of the Commission to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(c).
(5)[F8The] persons are—
(a)in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and
(b)in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.
[F9(6)On receipt of the report, the Commission shall also notify the appropriate authority that it must—
(a)in accordance with regulations under section 50 or 51 of the 1996 Act, determine—
(i)whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and
(ii)what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and
(b)determine what other action (if any) the authority will in its discretion take in respect of those matters.”
(7)On receipt of a notification under sub-paragraph (6) the appropriate authority shall make those determinations and submit a memorandum to the Commission which—
(a)sets out the determinations the authority has made, and
(b)if the appropriate authority has decided in relation to any person to whose conduct the investigation related that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding.]
(8)On receipt of a memorandum under sub-paragraph (7), the Commission shall—
(a)consider the memorandum and whether the appropriate authority [F10has made the determinations under sub-paragraph (6)(a)] that the Commission considers appropriate in respect of the matters dealt with in the report;
(b)determine, in the light of its consideration of those matters, whether or not to make recommendations under paragraph 27; and
(c)make such recommendations (if any) under that paragraph as it thinks fit.
(9)On the making of a determination under sub-paragraph (8)(b) the Commission shall give a notification—
(a)in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and
(b)in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.
(10)The notification required by sub-paragraph (9) is one setting out—
(a)the findings of the report;
(b)the Commission’s determination under sub-paragraph (8)(b); and
(c)the action which the appropriate authority is to be recommended to take as a consequence of the determination.
(11)Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the Commission by sub-paragraph (9) of this paragraph as they have effect in relation to the duties imposed on the Commission by that section.
(12)Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (11), the Commission shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in sub-paragraph (9) notification of the findings of the report by sending that person a copy of the report.
[F11(13)In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: