Action by the Commission in response to an investigation report [F1under paragraph 22]E+W
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;
(b)shall determine whether the report indicates that a criminal offence may have been committed by the person whose conduct was the subject-matter of the investigation;
(c)if it determines that the report does so indicate, 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 of its determination under paragraph (b) and of any action taken by it under paragraph (c).
(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)Those 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.
(6)Where the Commission—
(a)has determined under sub-paragraph (2)(b) that there is no indication in the report that a criminal offence may have been committed,
(b)is notified by the Director of Public Prosecutions, in any case in which it has sent him a copy of the report, that the Director proposes to take no action in respect any of the matters dealt with in the report, or
(c)is satisfied that all criminal proceedings brought or likely to be brought in respect of matters dealt with in the report have been brought to a conclusion (apart from the bringing and determination of any appeal),
the Commission shall give a notification to the appropriate authority requiring it to determine what action (if any) it will itself take in respect of the matters dealt with in the report.
(7)On being required under sub-paragraph (6) to determine what action it will take in respect of the matters dealt with in the report the appropriate authority shall make that determination and submit a memorandum to the Commission which—
(a)sets out whether the appropriate authority is proposing to take any action in respect of the matters dealt with in the report;
(b)if the appropriate authority is proposing to take any action, sets out what action it is proposing to take; and
(c)if the appropriate authority has decided in relation to any person whose conduct is the subject-matter of the report 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 is proposing to take the action 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.
[F4(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.]
Textual Amendments
F1Words in Sch. 3 para. 23 heading inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 22(1); S.I. 2005/1521, art. 3(1)(w)
F2Word in Sch. 3 para. 23(1)(a) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 22(2)(a); S.I. 2005/1521, art. 3(1)(w)
F3Word in Sch. 3 para. 23(1)(b) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 22(2)(b); S.I. 2005/1521, art. 3(1)(w)
F4Sch. 3 para. 23(13) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 22(3); S.I. 2005/1521, art. 3(1)(w)
Modifications etc. (not altering text)
C1Sch. 3 para. 23 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3
Commencement Information
I1Sch. 3 para. 23 wholly in force at 1.4.2004; Sch. 3 para. 23 not in force at Royal Assent see s. 108(2); Sch. 3 para. 23 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 23 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)