Police Reform Act 2002

Appeals relating to local resolution E+W

9 (1) Subject to sub-paragraph (2), a complainant whose complaint has been subjected to local resolution shall have a right of appeal to the Commission against the conduct of the local resolution of that complaint.

(2) The only matter that shall fall to be determined on an appeal under this paragraph is whether there have been any contraventions of the procedural requirements relating to the local resolution of the complaint.

(3) Where an appeal is brought under this paragraph, it shall be the duty of the Commission to give both—

(a) the person complained against, and

(b) the appropriate authority,

an opportunity of making representations about the matters to which the appeal relates.

(4) On an appeal under this paragraph, the Commission shall determine whether there have been any contraventions of the procedural requirements relating to the local resolution of the complaint.

(5) Where the Commission finds in the complainant’s favour on an appeal under this paragraph—

(a) it shall give such directions as the Commission considers appropriate to the appropriate authority as to the future handling of the complaint; and

(b) it shall be the duty of the appropriate authority to comply with any directions given to it under this sub-paragraph.

(6) Where the Commission determines for the purposes of sub-paragraph (5) that the future handling of the complaint should include an investigation, paragraph 15 shall apply as it applies in the case of a determination mentioned in sub-paragraph (1) of that paragraph.

(7) The Commission—

(a) shall give notification to the appropriate authority, to the complainant and to the person complained against of any determination made by it under this paragraph; and

(b) shall give notification to the complainant and to the person complained against of any direction given by it under this paragraph to the appropriate authority.

(8) The Secretary of State may by regulations make provision—

(a) for the form and manner in which appeals under this paragraph are to be brought;

(b) for the period within which any such appeal must be brought; and

(c) for the procedure to be followed by the Commission when dealing with or disposing of any such appeal.

Annotations:

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Modifications etc. (not altering text)

C1 Sch. 3 para. 9 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3

Commencement Information

I1 Sch. 3 para. 9 wholly in force at 1.4.2004; Sch. 3 para. 9 not in force at Royal Assent see s. 108(2); Sch. 3 para. 9 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 9 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)