Police Reform Act 2002

[F1 Disapplication of] requirements of Schedule E+W

Textual Amendments

F1 Words in Sch. 3 para. 7 heading substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(2); S.I. 2012/2892, art. 2(g) (with art. 6)

7 (1) If, in a case in which paragraph (6) applies, the appropriate authority considers— E+W

(a) that it should handle the complaint otherwise than in accordance with this Schedule or should take no action in relation to it, and

(b) that the complaint falls within a description of complaints specified in regulations made by the Secretary of State for the purposes of this paragraph,

the appropriate authority may F2 ... handle the complaint in whatever manner (if any) that authority thinks fit.

[F3 (1A) But, in a case where paragraph 6 applies by virtue of paragraph 6(2)(a) or (b), the appropriate authority may not handle the complaint in whatever manner (if any) the authority thinks fit unless—

(a) the authority applies to the Commission, in accordance with the regulations, for permission to so handle the complaint, and

(b) the Commission gives permission.]

[F4 (2) The appropriate authority shall notify the complainant—

(a) that the appropriate authority has decided to handle the complaint as permitted by sub-paragraph (1) (in a case where the appropriate authority is not required to apply for permission under sub-paragraph (1A) to so handle the complaint); or

(b) about the making of the application under sub-paragraph (1A) (in a case where the appropriate authority makes such an application).]

(3) Where such an application is made to the Commission, it shall, in accordance with regulations made by the Secretary of State—

(a) consider the application and determine whether to grant the permission applied for; and

(b) notify its decision to the appropriate authority and the complainant.

(4) Where an application is made under this paragraph in respect of any complaint, the appropriate authority shall not, while the application is being considered by the Commission, take any action in accordance with the provisions of this Schedule (other than under paragraph 1) in relation to that complaint.

(5) [F5 Where the complaint is to be handled in whatever manner (if any) the authority thinks fit (whether or not the Commission's permission is needed), the authority—]

(a) shall not be required by virtue of any of the provisions of this Schedule (other than paragraph 1) to take any action in relation to the complaint; but

(b) may handle the complaint in whatever manner it thinks fit, or take no action in relation to the complaint, and for the purposes of handling the complaint may take any step that it could have taken, or would have been required to take, [F6 if it were not proceeding in accordance with this paragraph].

(6) Where [F7 the appropriate authority applies to the Commission under sub-paragraph (1A) and] the Commission determines that no permission should be granted F8 ...—

(a) it shall refer the matter back to the appropriate authority for the making of a determination under [F9 paragraph 6(3)]; and

(b) the authority shall then make that determination.

(7) No more than one application may be made to the Commission under this paragraph in respect of the same complaint.

[F10 (8) The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under this paragraph to handle the complaint otherwise than in accordance with this Schedule or to take no action in relation to it.

(9) But the complainant has no right of appeal in either of the following cases.

(10) The first case is where the appeal relates to a decision for which the Commission has given permission under this paragraph.

(11) The second case is where the complaint relates to a direction and control matter.

(12) On an appeal under this paragraph, subject to sub-paragraphs (13) and (14), the relevant appeal body shall—

(a) determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b) if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule;

and it shall be the duty of a local policing body or chief officer to comply with any directions given under paragraph (b).

(13) Sub-paragraph (12) does not apply in a case where a particular chief officer of police is—

(a) the person in respect of whose decision the appeal is made under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(14) In such a case—

(a) the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and

(b) if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for handling the complaint in accordance with this Schedule or handling it otherwise than in accordance with this Schedule.]

Textual Amendments

F2 Words in Sch. 3 para. 7(1) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(4); S.I. 2012/2892, art. 2(g) (with art. 6)

F3 Sch. 3 para. 7(1A) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(5); S.I. 2012/2892, art. 2(g) (with art. 6)

F4 Sch. 3 para. 7(2) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(6); S.I. 2012/2892, art. 2(g) (with art. 6)

F5 Sch. 3 para. 7(5) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(7)(a); S.I. 2012/2892, art. 2(g) (with art. 6)

F6 Words in Sch. 3 para. 7(5)(b) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(7)(b); S.I. 2012/2892, art. 2(g) (with art. 6)

F7 Words in Sch. 3 para. 7(6) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(8)(a); S.I. 2012/2892, art. 2(g) (with art. 6)

F8 Words in Sch. 3 para. 7(6) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 10(8)(b); S.I. 2012/2892, art. 2(g) (with art. 6)

F9 Words in Sch. 3 para. 7(6)(a) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 9(2); S.I. 2012/2892, art. 2(g) (with art. 6)

F10 Sch. 3 para. 7(8)-(14) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 17(2); S.I. 2012/2892, art. 2(g) (with art. 6)

Modifications etc. (not altering text)

C1 Sch. 3 para. 7 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. 7 wholly in force at 1.4.2004; Sch. 3 para. 7 not in force at Royal Assent see s. 108(2); Sch. 3 para. 7 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 7 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)