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Police Reform Act 2002

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SCHEDULES

F1F1SCHEDULE 1E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 9

SCHEDULE 2E+WThe Independent Police Complaints Commission

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Modifications etc. (not altering text)

ChairmanE+W

1(1)The chairman of the Commission shall hold office as chairman of the Commission in accordance with the terms of his appointment.

(2)A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he was sentenced, be appointed as chairman of the Commission; and an appointment made in contravention of this sub-paragraph shall have no effect.

(3)The appointment of the chairman of the Commission shall be for a term not exceeding five years; but the chairman shall be eligible for re-appointment at the end of his term of office.

(4)The chairman of the Commission may be removed from office by Her Majesty either—

(a)at his own request; or

(b)on being advised by the Secretary of State that there are grounds falling with sub-paragraph (5) for the removal of the chairman.

(5)The following are grounds for removing the chairman from office—

(a)that he has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months;

(b)that he has become a person falling within one or more paragraphs of section 9(3);

(c)that he has, since his appointment, been sentenced to imprisonment for a term of three months or more;

(d)that he is a person who—

(i)has had a bankruptcy order made against him;

(ii)has had his estate sequestrated; or

(iii)has made a composition or arrangement with, or granted a trust deed for, his creditors;

(e)that he is subject to—

(i)a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under [F2the Company Directors Disqualification (Northern Ireland) Order 2002] (S.I. 1989/2404 (N.I. 18)); or

(ii)an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);

(f)that he has acted improperly in relation to his duties; or

(g)that he is otherwise unable or unfit to perform his duties.

(6)For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

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Amendments (Textual)

Ordinary members of the CommissionE+W

2(1)Subject to the provisions of this Schedule, a person shall hold office as an ordinary member in accordance with the terms of his appointment.

(2)An appointment as an ordinary member may be to whole or to part time membership of the Commission.

(3)A person who has been sentenced to a term of imprisonment of three months or more shall not, at any time in the five years following the day on which he is sentenced, be appointed as an ordinary member; and an appointment made in contravention of this sub-paragraph shall have no effect.

(4)A person shall not be appointed to be an ordinary member for a term of more than five years; but an ordinary member shall be eligible for re-appointment at the end of his term of office.

(5)An ordinary member may at any time resign his office as a member of the Commission by notice in writing to the Secretary of State.

(6)The Secretary of State may at any time remove a person from office as an ordinary member if he is satisfied that that person—

(a)has failed without reasonable excuse to carry out the functions of his office for a continuous period of three months beginning not earlier than six months before that time;

(b)has become a person falling within one or more paragraphs of section 9(3);

(c)has, since his appointment, been sentenced to imprisonment for a term of three months or more;

(d)is a person who—

(i)has had a bankruptcy order made against him;

(ii)has had his estate sequestrated; or

(iii)has made a composition or arrangement with, or granted a trust deed for, his creditors;

(e)is subject to—

(i)a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under [F3the Company Directors Disqualification (Northern Ireland) Order 2002](S.I. 1989/2404 (N.I. 18)); or

(ii)an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order);

(f)has acted improperly in relation to his duties; or

(g)is otherwise unable or unfit to perform his duties.

(7)For the purposes of this paragraph a sentence of imprisonment for any term the whole or part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

(8)In this paragraph “ordinary member” means a member of the Commission other than the chairman.

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Amendments (Textual)

Deputy ChairmenE+W

3(1)The Secretary of State may appoint not more than two deputy chairmen of the Commission from amongst its members.

(2)A person who ceases to hold office as a member of the Commission shall cease at the same time to hold office as deputy chairman of the Commission.

(3)A person shall hold office as a deputy chairman of the Commission in accordance with the terms of his appointment.

(4)A deputy chairman of the Commission may at any time resign his office as a deputy chairman by notice in writing to the Secretary of State.

(5)A deputy chairman of the Commission who is reappointed as a member from the time that would otherwise have been the end of his term of office as a member shall cease to be a deputy chairman at that time unless he is also reappointed to that office.

Remuneration, pensions etc. of membersE+W

4(1)The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the chairman, deputy chairmen and members of the Commission, or any of them, as he may determine.

(2)Where—

(a)a person ceases, otherwise than on the expiry of his term of office, to hold office as chairman, deputy chairman or member of the Commission, and

(b)it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation,

the Secretary of State may direct the Commission to make a payment to that person of such amount as the Secretary of State may determine.

The Chief ExecutiveE+W

5Subject to sub-paragraphs (3) and (5), it shall be for the Commission to appoint the person to be its chief executive.

(1)The Commission shall have a chief executive.

(2)

(3)The approval of the Secretary of State shall be required for any appointment by the Commission of a person to be its chief executive.

(4)Subject to sub-paragraph (5), the Commission’s chief executive shall be appointed on such terms and conditions and shall have such functions as the Commission may, with the approval of the Secretary of State, determine.

(5)The first appointment of a person to be the chief executive of the Commission shall be made by the Secretary of State, instead of by the Commission; and the terms and conditions on which that appointment is made shall also be determined by the Secretary of State, instead of by the Commission.

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Commencement Information

I1Sch. 2 para. 5 wholly in force at 1.4.2003; Sch. 2 para. 5 not in force at Royal Assent, see s. 108(2); Sch. 2 para. 5(5) in force at 1.10.2002 by S.I. 2002/2306, art. 2(b)(ii); Sch. 2 para. 5 in force in so far as not already in force at 1.4.2003 by S.I. 2003/808, art. 2(a)

StaffE+W

6(1)The Commission may appoint such employees, on such terms and conditions, as appear to it to be appropriate.

(2)The Commission may make arrangements with—

(a)the chief officer of police of any police force maintained for a police area in England and Wales,

(b)the chief constable of any police force maintained for a police area in Scotland, or

(c)the Chief Constable of the Police Service of Northern Ireland,

under which members of his force are engaged on temporary service with the Commission.

(3)The Commission may make such other arrangements for its staffing as it thinks fit.

(4)A member of a police force on temporary service with the Commission shall be under the direction and control of the Commission.

(5)The approval of the Secretary of State as to numbers and as to the terms and conditions of staff shall be required for the exercise by the Commission of its powers under this paragraph.

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Modifications etc. (not altering text)

Superannuation and insuranceE+W

7(1)Where a person who—

(a)is employed by the Commission, and

(b)is by reference to that employment a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11),

is appointed as the chairman or as a deputy chairman of the Commission or as a member of it, the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Commission; and his rights under the scheme shall not be affected by anything done under paragraph 4.

(2)The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the Commission.

Liability for acts of seconded staffE+W

8(1)The Commission shall be liable in respect of unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the Commission’s staff in the like manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.

(2)Accordingly, the Commission shall be treated in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.

(3)In this paragraph “seconded constables” means persons serving as members of the Commission’s staff without being employed by it.

Power of Commission to set up regional officesE+W

9If it appears to the Commission that it is necessary to do so in order to carry out its functions efficiently, the Commission may, with the consent of the Secretary of State, set up regional offices in places in England and Wales.

ProceedingsE+W

10(1)The arrangements for the proceedings of the Commission (including the quorum for meetings and the establishment of committees) shall be such as the Commission may determine.

(2)The arrangements may include provision for the committees established under the arrangements to include members of the Commission’s staff and other persons who are not members of the Commission.

(3)The arrangements may include provision for persons selected by the Commission to attend meetings of the Commission or of any committee established by it.

(4)The Commission may—

(a)pay such remuneration and allowances as it may determine to members of committees established by it who are neither members of the Commission nor members of its staff; and

(b)make such payments for the reimbursement of expenses incurred by persons attending meetings in accordance with arrangements made by virtue of sub-paragraph (3) as it may determine.

(5)The arrangements may provide for the carrying out, under the general direction of the Commission, of any of the Commission’s functions—

(a)by a committee established by the Commission;

(b)by one or more of the members of the Commission; or

(c)by the chief executive or by one or more members of the Commission’s staff.

(6)The making of arrangements by virtue of sub-paragraph (5) shall require the consent of the Secretary of State.

11The validity of any proceedings of the Commission or of any of its committees shall not be affected by—E+W

(a)any defect in the appointment of the chairman, a deputy chairman or any member of the Commission; or

(b)any vacancy in the office of chairman or among the members of the Commission.

Authentication of the Commission’s sealE+W

12The application of the seal of the Commission shall be authenticated by the signature of—

(a)any member of the Commission; or

(b)any other person who has been authorised by the Commission (whether generally or specially) for that purpose.

Evidence of documentsE+W

13A document purporting to be—

(a)duly executed by the Commission under its seal, or

(b)signed on its behalf,

shall be received in evidence and shall, unless the contrary is shown, be taken to be so executed or signed.

Payments by the Secretary of StateE+W

14The Secretary of State may pay to the Commission—

(a)sums equal to any amounts paid or falling to be paid by it under any provision of this Act (other than paragraph 15); and

(b)such other sums as appear to him to be appropriate for enabling it to meet the expenses incurred or to be incurred by it in the carrying out of its functions.

Other receipts by the CommissionE+W

15(1)The Commission shall pay to the Secretary of State all sums received by it (otherwise than under paragraph 14) in the course of, or in connection with, the carrying out of its functions.

(2)Sub-paragraph (1) shall not apply where the Secretary of State so directs.

(3)Any sums received by the Secretary of State under this paragraph shall be paid into the Consolidated Fund.

BorrowingE+W

16The Commission shall not borrow money unless authorised to do so (whether generally or specially) by the Secretary of State.

AccountsE+W

17(1)The Commission shall—

(a)keep proper accounts and proper records in relation to the accounts;

(b)prepare in respect of each financial year of the Commission a statement of accounts in such form as the Secretary of State may direct; and

(c)send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of August in the financial year of the Commission following that to which the statement relates.

(2)The Comptroller and Auditor General shall—

(a)examine, certify and report on every statement received by him by virtue of this paragraph; and

(b)lay copies of every such statement, and of his report on it, before Parliament.

Financial year of the CommissionE+W

18The following are financial years of the Commission—

(a)the period beginning with the day on which the Commission is established and ending with 31st March falling next after that day; and

(b)every subsequent period of twelve months ending with 31st March.

Section 13

SCHEDULE 3E+W+S+N.I.Handling of Complaints and Conduct matters etc.

Part 1 E+WHandling of complaints

Duties to preserve evidence relating to complaintsE+W

1(1)Where a complaint is made about the conduct of a chief officer, it shall be the duty of the police authority maintaining his force to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct complained of.

(2)Where—

(a)a complaint is made to a chief officer about the conduct of a person under his direction and control, or

(b)a chief officer becomes aware that a complaint about the conduct of a person under his direction or control has been made to the Commission or to a police authority,

the chief officer shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

(3)The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after the complaint is made or, as the case may be, he becomes aware of it.

(4)After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.

(5)It shall be the duty of a police authority to comply with all such directions as may be given to it by the Commission in relation to the performance of its duty under sub-paragraph (1).

(6)It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to any conduct that is the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the police authority maintaining his force or by the Commission.

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Modifications etc. (not altering text)

Commencement Information

I2Sch. 3 para. 1 wholly in force at 1.4.2004; Sch. 3 para. 1 not in force at Royal Assent see s. 108(2); Sch. 3 para. 1 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 1 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Initial handling and recording of complaintsE+W

2(1)Where a complaint is made to the Commission—

(a)it shall ascertain whether the complainant is content for the police authority or chief officer who is the appropriate authority to be notified of the complaint; and

(b)it shall give notification of the complaint to the appropriate authority if, and only if, the complainant is so content.

(2)Where a complaint is made to a police authority, it shall—

(a)determine whether or not it is itself the appropriate authority; and

(b)if it determines that it is not, give notification of the complaint to the person who is.

(3)Where a complaint is made to a chief officer, he shall—

(a)determine whether or not he is himself the appropriate authority; and

(b)if he determines that he is not, give notification of the complaint to the person who is.

(4)Where the Commission—

(a)is prevented by sub-paragraph (1)(b) from notifying any complaint to the appropriate authority, and

(b)considers that it is in the public interest for the subject-matter of the complaint to be brought to the attention of the appropriate authority and recorded under paragraph 11,

the Commission may bring that matter to the appropriate authority’s attention under that paragraph as if it were a recordable conduct matter, and (if it does so) the following provisions of this Schedule shall have effect accordingly as if it were such a matter.

(5)Where the Commission, a police authority or a chief officer gives notification of a complaint under any of sub-paragraphs (1) to (3) or the Commission brings any matter to the appropriate authority’s attention under sub-paragraph (4), the person who gave the notification or, as the case may be, the Commission shall notify the complainant—

(a)that the notification has been given and of what it contained; or

(b)that the matter has been brought to the appropriate authority’s attention to be dealt with otherwise than as a complaint.

(6)Where—

(a)a police authority determines, in the case of any complaint made to the authority, that it is itself the appropriate authority,

(b)a chief officer determines, in the case of any complaint made to that chief officer, that he is himself the appropriate authority, or

(c)a complaint is notified to a police authority or chief officer under this paragraph,

the authority or chief officer shall record the complaint.

(7)Nothing in this paragraph shall require the notification or recording by any person of any complaint about any conduct if—

(a)that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was; or

(b)the complaint has been withdrawn.

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Modifications etc. (not altering text)

Commencement Information

I3Sch. 3 para. 2 wholly in force at 1.4.2004; Sch. 3 para. 2 not in force at Royal Assent see s. 108(2); Sch. 3 para. 2 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 2 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Failures to notify or record a complaintE+W

3(1)This paragraph applies where anything which is or purports to be a complaint in relation to which paragraph (2) has effect is received by a police authority or chief officer (whether in consequence of having been made directly or of a notification under that paragraph).

(2)If the police authority or chief officer decides not to take action under paragraph (2) for notifying or recording the whole or any part of what has been received, the authority or chief officer shall notify the complainant of the following matters—

(a)the decision to take no action and, if that decision relates to only part of what was received, the part in question;

(b)the grounds on which the decision was made; and

(c)that complainant’s right to appeal against that decision under this paragraph.

(3)The complainant shall have a right of appeal to the Commission against any failure by the police authority or chief officer to make a determination under paragraph 2 or to notify or record anything under that paragraph.

(4)On an appeal under this paragraph, the Commission shall—

(a)determine whether any action under paragraph 2 should have been taken in the case in question; and

(b)if the Commission finds in the complainant’s favour, give such directions as the Commission considers appropriate to the police authority or chief officer as to the action to be taken for making a determination, or for notifying or recording what was received;

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

(5)Directions under sub-paragraph (4)(b) may require action taken in pursuance of the directions to be treated as taken in accordance with any such provision of paragraph 2 as may be specified in the direction.

(6)The Commission—

(a)shall give notification both to the police authority or, as the case may be, the chief officer and to the complainant of any determination made by it under this paragraph; and

(b)shall give notification to the complainant of any direction given by it under this paragraph to the police authority or chief officer.

(7)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.

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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)

Commencement Information

I4Sch. 3 para. 3 wholly in force at 1.4.2004; Sch. 3 para. 3 not in force at Royal Assent see s. 108(2); Sch. 3 para. 3 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 3 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Reference of complaints to the CommissionE+W

4(1)It shall be the duty of the appropriate authority to refer a complaint to the Commission if—

(a)the complaint is one alleging that the conduct complained of has resulted in death or serious injury;

(b)the complaint is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

(c)the Commission notifies the appropriate authority that it requires the complaint in question to be referred to the Commission for its consideration.

(2)In a case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a complaint to the Commission if that authority considers that it would be appropriate to do so so by reason of—

(a)the gravity of the subject-matter of the complaint; or

(b)any exceptional circumstances.

(3)In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a police authority may refer a complaint to the Commission if—

(a)it is one in relation to which the chief officer of police of the police force maintained by that authority is the appropriate authority; and

(b)the police authority considers that it would be appropriate to do so reason of—

(i)the gravity of the subject-matter of the complaint; or

(ii)any exceptional circumstances.

(4)Where there is an obligation under this paragraph to refer a complaint to the Commission, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

(5)Subject to sub-paragraph (7), the following powers—

(a)the power of the Commission by virtue of sub-paragraph (1)(c) to require a complaint to be referred to it, and

(b)the power of a police authority or chief officer to refer a complaint to the Commission under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Commission.

(6)A police authority or chief officer which refers a complaint to the Commission under this paragraph shall give a notification of the making of the reference—

(a)to the complainant, and

(b)except in a case where it appears to that authority or chief officer that to do so might prejudice a possible future investigation of the complaint, to the person complained against.

(7)A complaint that has already been referred to the Commission under this paragraph on a previous occasion—

(a)shall not be required to be referred again under this paragraph unless the Commission so directs; and

(b)shall not be referred in exercise of any power conferred by this paragraph unless the Commission consents.

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Modifications etc. (not altering text)

Commencement Information

I5Sch. 3 para. 4 wholly in force at 1.4.2004; Sch. 3 para. 4 not in force at Royal Assent see s. 108(2); Sch. 3 para. 4 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 4 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Duties of Commission on references under paragraph 4E+W

5(1)It shall be the duty of the Commission in the case of every complaint referred to it by a police authority or chief officer, to determine whether or not it is necessary for the complaint to be investigated.

(2)Where the Commission determines under this paragraph that it is not necessary for a complaint to be investigated, it may, if it thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.

(3)Where the Commission refers a complaint back under sub-paragraph (2), it shall give a notification of the making of the reference back—

(a)to the complainant, and

(b)except in a case where it appears to the Commission that to do so might prejudice a possible future investigation of the complaint, to the person complained against.

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Modifications etc. (not altering text)

Commencement Information

I6Sch. 3 para. 5 wholly in force at 1.4.2004; Sch. 3 para. 5 not in force at Royal Assent see s. 108(2); Sch. 3 para. 5 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 5 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Handling of complaints by the appropriate authorityE+W

6(1)This paragraph applies where a complaint has been recorded by the appropriate authority unless the complaint—

(a)is one which has been, or must be, referred to the Commission under paragraph 4; and

(b)is not for the time being either referred back to the authority under paragraph 5 or the subject of a determination under paragraph 15.

(2)Subject to paragraph 7, the appropriate authority shall determine whether or not the complaint is suitable for being subjected to local resolution, and—

(a)if it determines that it is so suitable and the complainant consents, it shall make arrangements for it to be so subjected; and

(b)in any other case, it shall make arrangements for the complaint to be investigated by that authority on its own behalf.

(3)A determination that a complaint is suitable for being subjected to local resolution shall not be made unless either—

(a)the appropriate authority is satisfied that the conduct complained of (even if it were proved) would not justify the bringing of any criminal or disciplinary proceedings; or

(b)the Commission, in a case falling within sub-paragraph (4), has approved the use of local resolution.

(4)The Commission may approve the use of local resolution in the case of any complaint if, on an application by the appropriate authority, the Commission is satisfied—

(a)that the following two conditions are fulfilled—

(i)that the conduct complained of (even if it were proved) would not justify the bringing of any criminal proceedings; and

(ii)that any disciplinary proceedings the bringing of which would be justified in respect of that conduct (even if it were proved) would be unlikely to result in a dismissal [F4or the giving of a final written warning.]

or

(b)that it will not be practicable (even if the complaint is thoroughly investigated) for either of the following to be brought—

(i)criminal proceedings in respect of the conduct to which it relates that would be likely to result in a conviction; or

(ii)disciplinary proceedings in respect of that conduct that would be likely to result in a dismissal [F5or the giving of a final written warning.]

(5)No more than one application may be made to the Commission for the purposes of sub-paragraph (4) in respect of the same complaint.

(6)Before a complainant can give his consent for the purposes of this paragraph to the local resolution of his complaint he must have been informed of his rights of appeal under paragraph 9.

(7)A consent given for the purposes of this paragraph shall not be capable of being withdrawn at any time after the procedure for the local resolution of the complaint has been begun.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I7Sch. 3 para. 6 wholly in force at 1.4.2004; Sch. 3 para. 6 not in force at Royal Assent see s. 108(2); Sch. 3 para. 6 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 6 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Dispensation by the Commission from requirements of ScheduleE+W

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

(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 apply to the Commission, in accordance with the regulations, for permission to handle the complaint in whatever manner (if any) that authority thinks fit.

(2)The appropriate authority shall notify the complainant about the making of the application under this paragraph.

(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)Where the Commission gives permission under this paragraph to handle the complaint in whatever manner (if any) the appropriate authority thinks fit, 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, but for the permission.

(6)Where the Commission determines that no permission should be granted under this paragraph—

(a)it shall refer the matter back to the appropriate authority for the making of a determination under paragraph 6(2); 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.

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Modifications etc. (not altering text)

Commencement Information

I8Sch. 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)

Local resolution of complaintsE+W

8(1)The arrangements made by the appropriate authority for subjecting any complaint to local resolution may include the appointment of a person who—

(a)is serving with the police, and

(b)is under the direction and control of the chief officer of police of the relevant force,

to secure the local resolution of the complaint.

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

(a)for the different descriptions of procedures that are to be available for dealing with a complaint where it is decided it is to be subjected to local resolution;

(b)for requiring a person complained against in a case in which the complaint is subjected to local resolution to be given an opportunity of commenting, in such manner as may be provided for in the regulations, on the complaint;

(c)for requiring that, on the making of an application in accordance with the regulations, a record of the outcome of any procedure for the local resolution of any complaint is to be given to the complainant.

(3)A statement made by any person for the purposes of the local resolution of any complaint shall not be admissible in any subsequent criminal, civil or disciplinary proceedings except to the extent that it consists of an admission relating to a matter that has not been subjected to local resolution.

(4)If, after attempts have been made to resolve a complaint using local resolution, it appears to the appropriate authority—

(a)that the resolution of the complaint in that manner is impossible, or

(b)that the complaint is, for any other reason, not suitable for such resolution,

it shall make arrangements for the complaint to be investigated by that authority on its own behalf.

(5)The local resolution of any complaint shall be discontinued if—

(a)any arrangements are made under sub-paragraph (4);

(b)the Commission notifies the appropriate authority that it requires the complaint to be referred to the Commission under paragraph 4; or

(c)the complaint is so referred otherwise than in pursuance of such a notification.

(6)A person who has participated in any attempt to resolve a complaint using local resolution shall be disqualified for appointment under any provision of this Schedule to investigate that complaint, or to assist with the carrying out of the investigation of that complaint.

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Modifications etc. (not altering text)

Commencement Information

I9Sch. 3 para. 8 wholly in force at 1.4.2004; Sch. 3 para. 8 not in force at Royal Assent see s. 108(2); Sch. 3 para. 8 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 8 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Appeals relating to local resolutionE+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.

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Modifications etc. (not altering text)

Commencement Information

I10Sch. 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)

Part 2 E+W Handling of conduct matters

Conduct matters arising in civil proceedingsE+W

10(1)This paragraph applies where—

(a)a police authority or chief officer has received notification (whether or not under this paragraph) that civil proceedings relating to any matter have been brought by a member of the public against that authority or chief officer, or it otherwise appears to a police authority or chief officer that such proceedings are likely to be so brought; and

(b)it appears to that authority or chief officer (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.

(2)The authority or chief officer—

(a)shall consider whether it or, as the case may be, he is the appropriate authority in relation to the conduct matter in question; and

(b)if it or he is not, shall notify the person who is the appropriate authority about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in sub-paragraph (1)(b).

(3)Where a police authority or chief officer determines for the purposes of this paragraph that it or, as the case may be, he is the appropriate authority in relation to any conduct matter, it or he shall record that matter.

(4)Where the appropriate authority records any matter under this paragraph it—

(a)shall first determine whether the matter is one which it is required to refer to the Commission under paragraph 13 or is one which it would be appropriate to so refer; and

(b)if it is not required so to refer the matter and does not do so, may deal with the matter in such other manner (if any) as it may determine.

(5)Nothing in sub-paragraph (3) shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

(6)For the purposes of this paragraph civil proceedings involve a conduct matter if—

(a)they relate to such a matter; or

(b)they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.

(7)The Secretary of State may by regulations provide for the times at which, or the periods within which, any requirement of this paragraph is to be complied with; and the period from which any such period is to run shall be such time as may be specified in those regulations or as may be determined in a manner set out in the regulations.

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Modifications etc. (not altering text)

Commencement Information

I11Sch. 3 para. 10 wholly in force at 1.4.2004; Sch. 3 para. 10 not in force at Royal Assent see s. 108(2); Sch. 3 para. 10 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 10 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Recording etc. of conduct matters in other casesE+W

11(1)Where—

(a)a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the police authority or chief officer who is the appropriate authority in relation to that matter, and

(b)it appears to the appropriate authority that the conduct involved in that matter falls within sub-paragraph (2),

it shall be the duty of the appropriate authority to record that matter.

(2)Conduct falls within this sub-paragraph if (assuming it to have taken place)—

(a)it appears to have resulted in the death of any person or in serious injury to any person;

(b)a member of the public has been adversely affected by it; or

(c)it is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State.

(3)Where the appropriate authority records any matter under this paragraph it—

(a)shall first determine whether the matter is one which it is required to refer to the Commission under paragraph (13) or is one which it would be appropriate to so refer; and

(b)if it is not required so to refer the matter and does not do so, may deal with the matter in such other manner (if any) as it may determine.

(4)Nothing in sub-paragraph (1) shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

(5)If it appears to the Commission—

(a)that any matter that has come to its attention is a recordable conduct matter, but

(b)that that matter has not been recorded by the appropriate authority,

the Commission may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

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Modifications etc. (not altering text)

Commencement Information

I12Sch. 3 para. 11 wholly in force at 1.4.2004; Sch. 3 para. 11 not in force at Royal Assent see s. 108(2); Sch. 3 para. 11 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 11 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Duties to preserve evidence relating to conduct mattersE+W

12(1)Where a recordable conduct matter that relates to the conduct of a chief officer comes to the attention of the police authority maintaining his force, it shall be the duty of that authority to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

(2)Where a chief officer becomes aware of any recordable conduct matter relating to the conduct of a person under his direction and control, it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.

(3)The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.

(4)After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.

(5)It shall be the duty of a police authority to comply with all such directions as may be given to it by the Commission in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1).

(6)It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any recordable conduct matter as he may be directed to take for the purposes of this paragraph by the police authority maintaining his force or by the Commission.

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Modifications etc. (not altering text)

Commencement Information

I13Sch. 3 para. 12 wholly in force at 1.4.2004; Sch. 3 para. 12 not in force at Royal Assent see s. 108(2); Sch. 3 para. 12 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 12 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Reference of conduct matters to the CommissionE+W

13(1)It shall be the duty of a police authority or a chief officer to refer a recordable conduct matter to the Commission if, in a case (whether or not falling within paragraph 10) in which the authority or chief officer is the appropriate authority—

(a)that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

(b)that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

(c)the Commission notifies the appropriate authority that it requires that matter to be referred to the Commission for its consideration.

(2)In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the Commission if that authority considers that it would be appropriate to do so by reason of—

(a)the gravity of the matter; or

(b)any exceptional circumstances.

(3)In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a police authority maintaining any police force may refer any recordable conduct matter to the Commission if—

(a)it is one in relation to which the chief officer of police of that force is the appropriate authority; and

(b)the police authority considers that it would be appropriate to do so by reason of—

(i)the gravity of the matter; or

(ii)any exceptional circumstances.

(4)Where there is an obligation under this paragraph to refer any matter to the Commission, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

(5)Subject to sub-paragraph (7), the following powers—

(a)the power of the Commission by virtue of sub-paragraph (1)(c) to require a matter to be referred to it, and

(b)the power of a police authority or chief officer to refer any matter to the Commission under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Commission.

(6)Where—

(a)a police authority or chief officer refers a matter to the Commission under this paragraph, and

(b)that authority or chief officer does not consider that to do so might prejudice a possible future investigation of that matter,

that authority or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.

(7)A matter that has already been referred to the Commission under this paragraph on a previous occasion—

(a)shall not be required to be referred again under this paragraph unless the Commission so directs; and

(b)shall not be referred in exercise of any power conferred by this paragraph unless the Commission consents.

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Modifications etc. (not altering text)

Commencement Information

I14Sch. 3 para. 13 wholly in force at 1.4.2004; Sch. 3 para. 13 not in force at Royal Assent see s. 108(2); Sch. 3 para. 13 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 13 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Duties of Commission on references under paragraph 13E+W

14(1)It shall be the duty of the Commission, in the case of every recordable conduct matter referred to it by a police authority or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated.

(2)Where the Commission determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated, it may if it thinks fit refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

(3)Where—

(a)the Commission refers a matter back to the appropriate authority under this paragraph, and

(b)the Commission does not consider that to do so might prejudice a possible future investigation of that matter,

the Commission shall give a notification of the making of the reference to the person to whose conduct that matter relates.

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Modifications etc. (not altering text)

Commencement Information

I15Sch. 3 para. 14 wholly in force at 1.4.2004; Sch. 3 para. 14 not in force at Royal Assent see s. 108(2); Sch. 3 para. 14 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 14 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

[F6Part 2A E+Whandling of death and serious injury (DSI) matters

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Amendments (Textual)

Duty to record DSI mattersE+W

14A(1)Where a DSI matter comes to the attention of the police authority or chief officer who is the appropriate authority in relation to that matter, it shall be the duty of the appropriate authority to record that matter.

(2)If it appears to the Commission—

(a)that any matter that has come to its attention is a DSI matter, but

(b)that that matter has not been recorded by the appropriate authority,

the Commission may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

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Modifications etc. (not altering text)

Duty to preserve evidence relating to DSI mattersE+W

14B(1)Where—

(a)a DSI matter comes to the attention of a police authority, and

(b)the relevant officer in relation to that matter is the chief officer of the force maintained by that authority,

it shall be the duty of that authority to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

(2)Where—

(a)a chief officer becomes aware of a DSI matter, and

(b)the relevant officer in relation to that matter is a person under his direction and control,

it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.

(3)The chief officer's duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.

(4)After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.

(5)It shall be the duty of a police authority to comply with all such directions as may be given to it by the Commission in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1).

(6)It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as he may be directed to take for the purposes of this paragraph by the police authority maintaining his force or by the Commission.

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Modifications etc. (not altering text)

Reference of DSI matters to the CommissionE+W

14C(1)It shall be the duty of the appropriate authority to refer a DSI matter to the Commission.

(2)The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State.

(3)A matter that has already been referred to the Commission under this paragraph on a previous occasion shall not be required to be referred again under this paragraph unless the Commission so directs.

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Modifications etc. (not altering text)

Duties of Commission on references under paragraph 14CE+W

14D(1)It shall be the duty of the Commission, in the case of every DSI matter referred to it by a police authority or a chief officer, to determine whether or not it is necessary for the matter to be investigated.

(2)Where the Commission determines under this paragraph that it is not necessary for a DSI matter to be investigated, it may if it thinks fit refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.]

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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)

Part 3 E+W+S+N.I.Investigations and subsequent proceedings

Power of the Commission to determine the form of an investigationE+W

15(1)This paragraph applies where—

(a)a complaint [F7, recordable conduct matter or DSI matter] is referred to the Commission; and

(b)the Commission determines that it is necessary for the complaint or matter to be investigated.

(2)It shall be the duty of the Commission to determine the form which the investigation should take.

(3)In making a determination under sub-paragraph (2) the Commission shall have regard to the following factors—

(a)the seriousness of the case; and

(b)the public interest.

(4)The only forms which the investigation may take in accordance with a determination made under this paragraph are—

(a)an investigation by the appropriate authority on its own behalf;

(b)an investigation by that authority under the supervision of the Commission;

(c)an investigation by that authority under the management of the Commission;

(d)an investigation by the Commission.

(5)The Commission may at any time make a further determination under this paragraph to replace an earlier one.

(6)Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Commission may give—

(a)the appropriate authority, and

(b)any person previously appointed to carry out the investigation,

such directions as it considers appropriate for the purpose of giving effect to the new determination.

(7)It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.

(8)The Commission shall notify the appropriate authority of any determination that it makes under this paragraph in relation to a particular complaint [F7, recordable conduct matter or DSI matter] .

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I16Sch. 3 para. 15 wholly in force at 1.4.2004; Sch. 3 para. 15 not in force at Royal Assent see s. 108(2); Sch. 3 para. 15 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 15 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Investigations by the appropriate authority on its own behalfE+W+S+N.I.

16(1)This paragraph applies if the appropriate authority is required by virtue of—

(a)any determination made by that authority under paragraph 6(2) (whether following the recording of a complaint or on a reference back under paragraph 5(2)) or under paragraph 8(4), or

(b)any determination made by the Commission under paragraph 15,

to make arrangements for a complaint [F8, recordable conduct matter or DSI matter] to be investigated by the appropriate authority on its own behalf.

(2)This paragraph also applies if—

(a)a determination falls to be made by that authority under paragraph 10(4)(b), or 11(3)(b) or 14(2) in relation to any recordable conduct matter [F9or under paragraph 14D(2) in relation to any DSI matter] ; and

(b)the appropriate authority determine that it is necessary for the matter to be investigated by the authority on its own behalf.

(3)Subject to sub-paragraph (4) [F10or (5)] , it shall be the duty of the appropriate authority to appoint—

(a)a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

[F11(b)a member of the staff of the Serious Organised Crime Agency,[F12 or

(c)a member of the staff of the National Policing Improvement Agency who is a constable,]]

to investigate the complaint or matter.

(4)The person appointed under this paragraph to investigate any complaint or [F13conduct matter]

(a)in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and

(b)in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

[F14(5)The person appointed under this paragraph to investigate any DSI matter—

(a)in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

(b)in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.]

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I17Sch. 3 para. 16 wholly in force at 1.4.2004; Sch. 3 para. 16 not in force at Royal Assent see s. 108(2); Sch. 3 para. 16 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 16 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Investigations supervised by the CommissionE+W+S+N.I.

17(1)This paragraph applies where the Commission has determined that it should supervise the investigation by the appropriate authority of any complaint [F15, recordable conduct matter or DSI matter] .

(2)On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—

(a)a person serving with the police (whether under the direction and control of the chief officer of police of the relevant force or of the chief officer of another force), or

[F16(b)a member of the staff of the Serious Organised Crime Agency,[F17 or

(c)a member of the staff of the National Policing Improvement Agency who is a constable,]]

to investigate the complaint or matter.

(3)The Commission may require that no appointment is made under sub-paragraph (2) unless it has given notice to the appropriate authority that it approves the person whom that authority proposes to appoint.

(4)Where a person has already been appointed to investigate the complaint or matter, or is selected under this sub-paragraph for appointment, and the Commission is not satisfied with that person, the Commission may require the appropriate authority, as soon as reasonably practicable after being required to do so—

(a)to select another person falling within sub-paragraph (2)(a) [F18, (b) or (c)] to investigate the complaint or matter; and

(b)to notify the Commission of the person selected.

(5)Where a selection made in pursuance of a requirement under sub-paragraph (4) has been notified to the Commission, the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the Commission notifies the authority that it approves the appointment of that person.

(6)A person appointed under this paragraph to investigate any complaint or [F19conduct matter]

(a)in the case of an investigation relating to any conduct of a chief officer, must not be a person under that chief officer’s direction and control; and

(b)in the case of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.

[F20(6A)The person appointed under this paragraph to investigate any DSI matter—

(a)in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

(b)in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.]

(7)The person appointed to investigate the complaint or matter shall comply with all such requirements in relation to the carrying out of that investigation as may, in accordance with regulations made for the purposes of this sub-paragraph by the Secretary of State, be imposed by the Commission in relation to that investigation.

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I18Sch. 3 para. 17 wholly in force at 1.4.2004; Sch. 3 para. 17 not in force at Royal Assent see s. 108(2); Sch. 3 para. 17 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 17 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Investigations managed by the CommissionE+W

18(1)This paragraph applies where the Commission has determined that it should manage the investigation by the appropriate authority of any complaint [F21, recordable conduct matter or DSI matter] .

(2)Sub-paragraphs (2) to [F22(6A)] of paragraph 17 shall apply as they apply in the case of an investigation which the Commission has determined is one that it should supervise.

(3)The person appointed to investigate the complaint or matter shall, in relation to that investigation, be under the direction and control of the Commission.

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I19Sch. 3 para. 18 wholly in force at 1.4.2004; Sch. 3 para. 18 not in force at Royal Assent see s. 108(2); Sch. 3 para. 18 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 18 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Investigations by the Commission itselfE+W

19(1)This paragraph applies where the Commission has determined that it should itself carry out the investigation of a complaint [F23, recordable conduct matter or DSI matter] .

(2)The Commission shall designate both—

(a)a member of the Commission’s staff to take charge of the investigation on behalf of the Commission, and

(b)all such other members of the Commission’s staff as are required by the Commission to assist him.

(3)The person designated under sub-paragraph (2) to be the person to take charge of an investigation relating to any conduct of the Commissioner of Police of the Metropolis or of the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.

[F24(3A)The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.]

(4)A member of the Commission’s staff who—

(a)is designated under sub-paragraph (2) in relation to any investigation, but

(b)does not already, by virtue of section 97(8) of the 1996 Act, have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,

shall, for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.

(5)A member of the Commission’s staff who is not a constable shall not, as a result of sub-paragraph (4), be treated as being in police service for the purposes of—

(a)section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”); or

(b)section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of that Act not to apply to persons in police service).

(6)The Secretary of State may by order provide that such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order shall apply, subject to such modifications as may be so specified, to investigations of offences conducted by virtue of this paragraph by members of the Commission’s staff designated under sub-paragraph (2).

(7)References in this paragraph to the powers and privileges of a constable—

(a)are references to any power or privilege conferred by or under any enactment (including one passed after the passing of this Act) on a constable; and

(b)shall have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this sub-paragraph).

(8)In this paragraph “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I20Sch. 3 para. 19 wholly in force at 1.4.2004; Sch. 3 para. 19 not in force at Royal Assent see s. 108(2); Sch. 3 para. 19 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 19 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Special procedure where investigation relates to police officer or special constableE+W+S+N.I.

[F2519AParagraphs 19B to 19E apply to investigations of complaints or recordable conduct matters in cases where the person concerned (see paragraph 19B(11)) is a member of a police force or a special constable.

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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.

Amendments (Textual)

F25Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

Assessment of seriousness of conduct under investigationE+W+S+N.I.

19B(1)If, during the course of an investigation of a complaint, it appears to the person investigating that there is an indication that a person to whose conduct the investigation relates may have—

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

the person investigating must certify the investigation as one subject to special requirements.

(2)If the person investigating a complaint certifies the investigation as one subject to special requirements, the person must, as soon as is reasonably practicable after doing so, make a severity assessment in relation to the conduct of the person concerned to which the investigation relates.

(3)The person investigating a recordable conduct matter must make a severity assessment in relation to the conduct to which the investigation relates—

(a)as soon as is reasonably practicable after his appointment or designation, or

(b)in the case of a matter recorded in accordance with paragraph 21A(5) or 24B(2), as soon as is reasonably practicable after it is so recorded.

(4)For the purposes of this paragraph a “severity assessment”, in relation to conduct, means an assessment as to—

(a)whether the conduct, if proved, would amount to misconduct or gross misconduct, and

(b)if the conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take.

(5)An assessment under this paragraph may only be made after consultation with the appropriate authority.

(6)On completing an assessment under this paragraph, the person investigating the complaint or matter must give a notification to the person concerned that complies with sub-paragraph (7).

(7)The notification must—

(a)give the prescribed information about the results of the assessment;

(b)give the prescribed information about the effect of paragraph 19C and of regulations under paragraph 19D;

(c)set out the prescribed time limits for providing the person investigating the complaint or matter with relevant statements and relevant documents respectively for the purposes of paragraph 19C(2);

(d)give such other information as may be prescribed.

(8)Sub-paragraph (6) does not apply for so long as the person investigating the complaint or matter considers that giving the notification might prejudice—

(a)the investigation, or

(b)any other investigation (including, in particular, a criminal investigation).

(9)Where the person investigating a complaint or matter has made a severity assessment and considers it appropriate to do so, the person may revise the assessment.

(10)On revising a severity assessment, the person investigating the complaint or matter must notify the prescribed information about the revised assessment to the person concerned.

(11)In this paragraph and paragraphs 19C to 19E—

  • the person concerned”—

    (a)

    in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating that there is the indication mentioned in paragraph 19B(1);

    (b)

    in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates;

  • relevant document”—

    (a)

    means a document relating to any complaint or matter under investigation, and

    (b)

    includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed;

  • relevant statement” means an oral or written statement relating to any complaint or matter under investigation.

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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.

Amendments (Textual)

F25Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

Duty to consider submissions from person whose conduct is being investigatedE+W+S+N.I.

19C(1)This paragraph applies to—

(a)an investigation of a complaint that has been certified under paragraph 19B(1) as one subject to special requirements, or

(b)an investigation of a recordable conduct matter.

(2)If before the expiry of the appropriate time limit notified in pursuance of paragraph 19B(7)(c)—

(a)the person concerned provides the person investigating the complaint or matter with a relevant statement or a relevant document, or

(b)any person of a prescribed description provides that person with a relevant document,

that person must consider the statement or document.

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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.

Amendments (Textual)

F25Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

Interview of person whose conduct is being investigatedE+W+S+N.I.

19D(1)The Secretary of State may by regulations make provision as to the procedure to be followed in connection with any interview of the person concerned which is held during the course of an investigation within paragraph 19C(1)(a) or (b) by the person investigating the complaint or matter.

(2)Regulations under this paragraph may, in particular, make provision—

(a)for determining how the time at which an interview is to be held is to be agreed or decided,

(b)about the information that must be provided to the person being interviewed,

(c)for enabling that person to be accompanied at the interview by a person of a prescribed description.

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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.

Amendments (Textual)

F25Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

Duty to provide certain information to appropriate authorityE+W+S+N.I.

19E(1)This paragraph applies during the course of an investigation within paragraph 19C(1)(a) or (b).

(2)The person investigating the complaint or matter must supply the appropriate authority with such information in that person's possession as the authority may reasonably request for the purpose mentioned in sub-paragraph (3).

(3)That purpose is determining, in accordance with regulations under section 50 or 51 of the 1996 Act, whether the person concerned should be, or should remain, suspended—

(a)from office as constable, and

(b)where that person is a member of a police force, from membership of that force.]

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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.

Amendments (Textual)

F25Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

Restrictions on proceedings pending the conclusion of an investigationE+W

20(1)No criminal or disciplinary proceedings shall be brought in relation to any matter which is the subject of an investigation in accordance with the provisions of this Schedule [F26 until—

(a)the appropriate authority has certified the case as a special case under paragraph 20B(3) or 20E(3), or]

[F27(b)] a report on that investigation has been submitted to the Commission or to the appropriate authority under paragraph 22 [F28or 24A] .

(2)Nothing in this paragraph shall prevent the bringing of criminal or disciplinary proceedings in respect of any conduct at any time after the discontinuance of the investigation in accordance with the provisions of this Schedule which relates to that conduct.

(3)The restrictions imposed by this paragraph in relation to the bringing of criminal proceedings shall not apply to the bringing of criminal proceedings by the Director of Public Prosecutions in any case in which it appears to him that there are exceptional circumstances which make it undesirable to delay the bringing of such proceedings.

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I21Sch. 3 para. 20 wholly in force at 1.4.2004; Sch. 3 para. 20 not in force at Royal Assent see s. 108(2); Sch. 3 para. 20 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 20 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Accelerated procedure in special casesE+W+S+N.I.

[F2920A(1)If, at any time before the completion of his investigation, [F30the person investigating] a complaint or recordable conduct matter believes that the appropriate authority would, on consideration of the matter, be likely to consider that the special conditions are satisfied, he shall proceed in accordance with the following provisions of this paragraph.

(2)If the person was appointed under paragraph 16, he shall submit to the appropriate authority—

(a)a statement of his belief and the grounds for it; and

(b)a written report on his investigation to that point;

and if he was appointed following a determination made by the Commission under paragraph 15 he shall send a copy of the statement and the report to the Commission.

(3)If the person was appointed under paragraph 17 or 18 or designated under paragraph 19, he shall submit to the appropriate authority—

(a)a statement of his belief and the grounds for it; and

(b)a written report on his investigation to that point;

and shall send a copy of the statement and the report to the Commission.

(4)A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

(5)A statement and report may be submitted under this paragraph whether or not a previous statement and report have been submitted; but a second or subsequent statement and report may be submitted only if the person submitting them has grounds to believe that the appropriate authority will reach a different determination under paragraph 20B(2) or 20E(2).

(6)After submitting a report under this paragraph, the person [F31investigating] the complaint or recordable conduct matter shall continue his investigation to such extent as he considers appropriate.

(7)The special conditions are that—

[F32(a)there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct;]

(c)it is in the public interest for the person whose conduct [F33it is] to cease to be a member of a police force, or to be a special constable, without delay.

(8)F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In paragraphs 20B to 20H “special report” means a report submitted under this paragraph.

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Amendments (Textual)

Investigations managed or carried out by Commission: action by appropriate authorityE+W+S+N.I.

20B(1)This paragraph applies where —

(a)a statement and special report on an investigation carried out under the management of the Commission, or

(b)a statement and special report on an investigation carried out by a person designated by the Commission,

are submitted to the appropriate authority under paragraph 20A(3).

(2)The appropriate authority shall determine whether the special conditions are satisfied.

[F35(3)If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a)certify the case as a special case for the purposes of regulations under section 50(3) or 51(2A) of the 1996 Act; and

(b)take such steps as are required by those regulations in relation to a case so certified.]

(5)F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The appropriate authority shall notify the Commission of a certification under sub-paragraph (3).

(7)If the appropriate authority determines—

(a)that the special conditions are not satisfied, or

(b)that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it shall submit to the Commission a memorandum under this sub-paragraph.

(8)The memorandum required to be submitted under sub-paragraph (7) is one which—

(a)notifies the Commission of its determination that those conditions are not satisfied or (as the case may be) that they are so satisfied but the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings; and

(b)(in either case) sets out its reasons for so determining.

(9)In this paragraph “special conditions” has the meaning given by paragraph 20A(7).

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Amendments (Textual)

Investigations managed or carried out by Commission: action by CommissionE+W+S+N.I.

20C(1)On receipt of a notification under paragraph 20B(6), 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.

(2)The notification required by sub-paragraph (1) is one setting out—

(a)the findings of the special report;

(b)the appropriate authority's determination under paragraph 20B(2); and

(c)the action that the appropriate authority is required to take as a consequence of that determination.

(3)Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the Commission by sub-paragraph (1) as they have effect in relation to the duties imposed on the Commission by that section.

(4)Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (3), 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 (1) notification of the findings of the special report by sending that person a copy of that report.

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Amendments (Textual)

Investigations managed or carried out by Commission: action by CommissionE+W+S+N.I.

20D(1)On receipt of a memorandum under paragraph 20B(7), the Commission shall—

(a)consider the memorandum;

(b)determine, in the light of that consideration, whether or not to make a recommendation under paragraph 20H; and

(c)if it thinks fit to do so, make a recommendation under that paragraph.

(2)If the Commission determines not to make a recommendation under paragraph 20H, it shall notify the appropriate authority and the person [F37investigating the complaint or matter] of its determination.

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Amendments (Textual)

Other investigations: action by appropriate authorityE+W+S+N.I.

20E(1)This paragraph applies where—

(a)a statement and a special report on an investigation carried out by an appropriate authority on its own behalf, or

(b)a statement and a special report on an investigation carried out under the supervision of the Commission,

are submitted to the appropriate authority under paragraph 20A(2) or (3).

(2)The appropriate authority shall determine whether the special conditions are satisfied.

[F38(3)If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a)certify the case as a special case for the purposes of regulations under section 50(3) or 51(2A) of the 1996 Act; and

(b)take such steps as are required by those regulations in relation to a case so certified.]

(5)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where the statement and report were required under paragraph 20A(2) to be copied to the Commission, the appropriate authority shall notify the Commission of a certification under sub-paragraph (3).

(7)If the appropriate authority determines—

(a)that the special conditions are not satisfied, or

(b)that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it shall notify the person [F40investigating the complaint or matter] of its determination.

(8)In this paragraph “special conditions” has the meaning given by paragraph 20A(7).

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Amendments (Textual)

Other investigations: action by appropriate authorityE+W+S+N.I.

20F(1)If the appropriate authority certifies a case under paragraph 20E(3), it 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.

(2)The notification required by sub-paragraph (1) is one setting out—

(a)the findings of the report;

(b)the authority's determination under paragraph 20E(2); and

(c)the action that the authority is required to take in consequence of that determination.

(3)Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the appropriate authority by sub-paragraph (1) as they have effect in relation to the duties imposed on the appropriate authority by that section.

(4)Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (3), the appropriate authority 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 (1) notification of the findings of the special report by sending that person a copy of that report.

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Amendments (Textual)

20GF41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Special cases: recommendation or direction of CommissionE+W+S+N.I.

20H(1)Where the appropriate authority has submitted, or is required to submit, a memorandum to the Commission under paragraph 20B(7), the Commission may make a recommendation to the appropriate authority that it should certify the case under paragraph 20B(3).

(2)If the Commission determines to make a recommendation under this paragraph, it 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.

(3)The notification required by sub-paragraph (2) is one setting out—

(a)the findings of the special report; and

(b)the Commission's recommendation under this paragraph.

(4)Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the Commission by sub-paragraph (2) as they have effect in relation to the duties imposed on the Commission by that section.

(5)Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (4), 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 (2) notification of the findings of the special report by sending that person a copy of the report.

(6)It shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to certify the case and proceed accordingly.

(7)If, after the Commission has made a recommendation under this paragraph, the appropriate authority does not certify the case under paragraph 20B(3)—

(a)the Commission may direct the appropriate authority so to certify it; and

(b)it shall be the duty of the appropriate authority to comply with the direction and proceed accordingly.

(8)Where the Commission gives the appropriate authority a direction under this paragraph, it shall supply the appropriate authority with a statement of its reasons for doing so.

(9)The Commission may at any time withdraw a direction given under this paragraph.

(10)The appropriate authority shall keep the Commission informed of whatever action it takes in response to a recommendation or direction.

Special cases: recommendation or direction of CommissionE+W+S+N.I.

20I(1)Where—

(a)the Commission makes a recommendation under paragraph 20H in the case of an investigation of a complaint, and

(b)the appropriate authority notifies the Commission that the recommendation has been accepted,

the Commission shall notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21 of that fact and of the steps that have been, or are to be, taken by the appropriate authority to give effect to it.

(2)Where in the case of an investigation of a complaint the appropriate authority—

(a)notifies the Commission that it does not accept the recommendation made by the Commission under paragraph 20H, or

(b)fails to certify the case under paragraph 20B(3) and to proceed accordingly,

it shall be the duty of the Commission to determine what (if any) further steps to take under paragraph 20H.

(3)It shall be the duty of the Commission to notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—

(a)of any determination under sub-paragraph (2) not to take further steps under paragraph 20H; and

(b)where it determines under that sub-paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.]

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Amendments (Textual)

Power of the Commission to discontinue an investigationE+W

21(1)If it any time appears to the Commission (whether on an application by the appropriate authority or otherwise) that a complaint or matter that is being investigated—

(a)by the appropriate authority on its own behalf, or

(b)under the supervision or management of the Commission,

is of a description of complaint or matter specified in regulations made by the Secretary of State for the purposes of this sub-paragraph, the Commission may by order require the discontinuance of the investigation.

(2)The Commission shall not discontinue any investigation that is being carried out in accordance with paragraph 19 except in such cases as may be authorised by regulations made by the Secretary of State.

(3)Where the Commission makes an order under this paragraph or discontinues an investigation being carried out in accordance with paragraph 19, it shall give notification of the discontinuance—

(a)to the appropriate authority;

(b)to every person entitled to be kept properly informed in relation to the subject matter of the investigation under section 21; and

(c)in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.

(4)Where an investigation of a complaint [F42, recordable conduct matter or DSI matter] is discontinued in accordance with this paragraph—

(a)the Commission may give the appropriate authority directions to do any such things as it is authorised to direct by regulations made by the Secretary of State;

(b)the Commission may itself take any such steps of a description specified in regulations so made as it considers appropriate for purposes connected with the discontinuance of the investigation; and

(c)subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of this Schedule in relation to that complaint or matter.

(5)The appropriate authority shall comply with any directions given to it under sub-paragraph (4).

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I22Sch. 3 para. 21 wholly in force at 1.4.2004; Sch. 3 para. 21 not in force at Royal Assent see s. 108(2); Sch. 3 para. 21 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 21 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Procedure where conduct matter is revealed during investigation of DSI matterE+W

[F4321A(1)If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 or designated under paragraph 19 that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the Commission.

(2)If, after considering a submission under sub-paragraph (1), the Commission determines that there is such an indication, it shall—

(a)notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of its determination; and

(b)send to it (or each of them) a copy of the submission under sub-paragraph (1).

(3)If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 16 or 17 that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the appropriate authority in relation to the DSI matter.

(4)If, after considering a submission under sub-paragraph (3), the appropriate authority determines that there is such an indication, it shall—

(a)if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and

(b)notify the Commission of its determination and send to it a copy of the submission under sub-paragraph (3).

(5)Where the appropriate authority in relation to the person whose conduct is in question—

(a)is notified of a determination by the Commission under sub-paragraph (2),

(b)(in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or

(c)(in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),

it shall record the matter under paragraph 11 as a conduct matter F44. . . .

[F45(6)Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—

(a)the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) continue the investigation as if appointed or designated to investigate the conduct matter, and

(b)the other provisions of this Schedule shall apply in relation to that matter accordingly.]]

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Amendments (Textual)

Modifications etc. (not altering text)

Final reports on investigations: complaints, conduct matters and certain DSI mattersE+W

[F4622(1)This paragraph applies on the completion of an investigation of—

(a)a complaint,[F47 or]

(b)a conduct matter, or

(c)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.

(3)A person appointed under paragraph 17 or 18 shall—

(a)submit a report on his investigation to the Commission; and

(b)send a copy of that report to the appropriate authority.

(4)In relation to [F49a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5)], the references in sub-paragraphs (2) and (3) of this paragraph to the appropriate authority are references to—

(a)the appropriate authority in relation to the DSI matter; and

(b)(where different) the appropriate authority in relation to the person whose conduct is in question.

(5)A person designated under paragraph 19 as the person in charge of an investigation by the Commission itself shall submit a report on it to the Commission.

(6)A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

[F50(7)The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)—

(a)to include such matters as are specified in the regulations;

(b)to be accompanied by such documents or other items as are so specified.

(8)A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request.

(9)The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—

(a)considers that the document or item is of relevance to the investigation, and

(b)requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).

(10)Those purposes are—

(a)complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;

(b)ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.]]

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I23Sch. 3 para. 22 wholly in force at 1.4.2004; Sch. 3 para. 22 not in force at Royal Assent see s. 108(2); Sch. 3 para. 22 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 22 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Action by the Commission in response to an investigation report [F51under 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 [F52(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 [F53(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;

[F54(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 [F55those 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 [F56and the persons mentioned in sub-paragraph (5)] of its determination under paragraph (b) and of any action taken by it under paragraph (c).

[F57(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)[F58The] 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.

[F59(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 [F60has 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.

[F61(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.]

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I24Sch. 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)

Action by the appropriate authority in response to an investigation report [F62under paragraph 22]E+W

24(1)This paragraph applies where—

(a)a report of an investigation is submitted to the appropriate authority in accordance with paragraph [F6322(2)] ; or

(b)a copy of a report on an investigation carried out under the supervision of the Commission is sent to the appropriate authority in accordance with paragraph [F6422(3)] .

(2)On receipt of the report or (as the case may be) of the copy, the appropriate authority—

[F65(a)shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;]

(b)if it determines that [F66those conditions are so satisfied], shall notify the Director of Public Prosecutions of the determination and send him a copy of the report[F67 and

(c)shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).]

[F68(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 appropriate authority, 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 appropriate authority 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).

(4)It shall be the duty of the appropriate authority 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)(b).

(5)[F69The] 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.

[F70(5A)In the case of a report falling within sub-paragraph (1)(b) which relates to a recordable conduct matter, the appropriate authority shall also notify the Commission of its determination under sub-paragraph (2)(a).

(5B)On receipt of such a notification that the appropriate authority has determined that the conditions in sub-paragraphs (2A) and (2B) are not satisfied in respect of the report, the Commission—

(a)shall make its own determination as to whether those conditions are so satisfied, and

(b)if it determines that they are so satisfied, shall direct the appropriate authority to notify the Director of Public Prosecutions of the Commission's determination and to send the Director a copy of the report.

(5C)It shall be the duty of the appropriate authority to comply with any direction given to it under sub-paragraph (5B).]

[F71(6)On receipt of the report or (as the case may be) copy, the appropriate authority shall also—

(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 the making of [F72the determinations] under sub-paragraph (6) the appropriate authority 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.

(8)The notification required by sub-paragraph (7) is one setting out—

(a)the findings of the report;

[F73(b)the determinations the authority has made under sub-paragraph (6);]

(d)the complainant’s right of appeal under paragraph 25.

(9)Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the appropriate authority by sub-paragraph (7) of this paragraph as they have effect in relation to the duties imposed on the appropriate authority by that section.

(10)Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (9), the appropriate authority 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 (7) notification of the findings of the report by sending that person a copy of the report.

[F74(11)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.]

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I25Sch. 3 para. 24 wholly in force at 1.4.2004; Sch. 3 para. 24 not in force at Royal Assent see s. 108(2); Sch. 3 para. 24 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 24 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Final reports on investigations: other DSI mattersE+W

[F7524A(1)This paragraph applies on the completion of an investigation of a DSI matter in respect of which neither the Commission nor the appropriate authority has made a determination under paragraph 21A(2) or (4).

(2)[F76The person investigating] shall—

(a)submit a report on the investigation to the Commission; and

(b)send a copy of that report to the appropriate authority.

(3)A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

(4)On receipt of the report, the Commission shall determine whether the report indicates that a person serving with the police may have—

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings.

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Amendments (Textual)

Action by the Commission in response to an investigation report under paragraph 24AE+W

24B(1)If the Commission determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall notify the appropriate authority in relation to the person whose conduct is in question of its determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.

(2)Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Commission under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter F77. . . .

[F78(3)Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—

(a)the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) investigate the conduct matter as if appointed or designated to do so, and

(b)the other provisions of this Schedule shall apply in relation to that matter accordingly.]

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Amendments (Textual)

24C(1)If the Commission determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—E+W

(a)committed a criminal offence, or

(b)behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall make such recommendations or give such advice under section 10(1)(e) (if any) as it considers necessary or desirable.

(2)Sub-paragraph (1) does not affect any power of the Commission to make recommendations or give advice under section 10(1)(e) in other cases (whether arising under this Schedule or otherwise).]

Appeals to the Commission with respect to an investigationE+W

25(1)This paragraph applies where a complaint has been subjected to—

(a)an investigation by the appropriate authority on its own behalf; or

(b)an investigation under the supervision of the Commission.

(2)The complainant shall have the following rights of appeal to the Commission—

(a)a right to appeal on the grounds that he has not been provided with adequate information—

(i)about the findings of the investigation; or

[F79(ii)about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;]

(b)a right to appeal against the findings of the investigation; F80. . .

[F81(ba)a right of appeal against any determination by the appropriate authority that a 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;

(c)a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and

(d)a right of appeal against any determination by the appropriate authority under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report;]

and it shall be the duty of the Commission to notify the appropriate authority, every person entitled to be kept properly informed in relation to the complaint under section 21 and the person complained against of any appeal brought under this paragraph.

[F82(2A)In sub-paragraph (2)—

(a)references to the findings of an investigation do not include a reference to findings on a report submitted under paragraph 20A; and

(b)references to the report of an investigation do not include a reference to a report submitted under that paragraph.]

(3)On the bringing of an appeal under this paragraph, the Commission may require the appropriate authority to submit a memorandum to the Commission which—

[F83(za)sets out whether the appropriate authority has determined that a 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;]

[F84(a)sets out what action (if any) the authority has determined that it is required to or will, in its discretion, take in respect of the matters dealt with in the report;]

(c)if the appropriate authority has decided in relation to [F85a person to whose conduct the investigation related] that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding;[F86 and

(d)if the appropriate authority made a determination under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report, sets out the reasons for that determination;]

and it shall be the duty of the appropriate authority to comply with any requirement under this sub-paragraph.

(4)Where the Commission so requires on the bringing of any appeal under this paragraph in the case of an investigation by the appropriate authority on its own behalf, the appropriate authority shall provide the Commission with a copy of the report of the investigation.

(5)On an appeal under this paragraph, the Commission shall determine [F87such of the following as it considers appropriate in the circumstances]

(a)whether the complainant has been provided with adequate information about the matters mentioned in sub-paragraph (2)(a);

(b)whether the findings of the investigation need to be reconsidered; F80. . .

[F88(c)whether the appropriate authority—

(i)has made such a determination as is mentioned in sub-paragraph (3)(za) that the Commission considers to be appropriate in respect of the matters dealt with in the report, and

(ii)has determined that it is required to or will, in its discretion, take the action (if any) that the Commission considers to be so appropriate; and

(d)whether the conditions set out in paragraph 24(2A) and (2B) are satisfied in respect of the report.]

(6)If, on an appeal under this paragraph, the Commission determines that the complainant has not been provided with adequate information about any matter, the Commission shall give the appropriate authority all such directions as the Commission considers appropriate for securing that the complainant is properly informed.

(7)Nothing in sub-paragraph (6) shall authorise the Commission to require the disclosure of any information the disclosure of which to the appellant has been or is capable of being withheld by virtue of regulations made under section 20(5).

(8)If, on an appeal under this paragraph, the Commission determines that the findings of the investigation need to be reconsidered, it shall either—

(a)review those findings without an immediate further investigation; or

(b)direct that the complaint be re-investigated.

(9)If, on an appeal under this paragraph, the Commission determines that the appropriate authority [F89has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the Commission considers appropriate or has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in] the report that the Commission considers appropriate, the Commission shall—

(a)determine, in the light of that determination, whether or not to make recommendations under paragraph 27; and

(b)make such recommendations (if any) under that paragraph as it thinks fit.

[F90(9A)If, on an appeal under this paragraph, the Commission determines that the conditions set out paragraph 24(2A) and (2B) are satisfied in respect of the report, it shall direct the appropriate authority—

(a)to notify the Director of Public Prosecutions of the Commission's determination, and

(b)to send the Director a copy of the report.]

(10)The Commission shall give notification of any determination under this paragraph—

(a)to the appropriate authority,

(b)to the complainant;

(c)to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(d)except in a case where it appears to the Commission that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

(11)The Commission shall also give notification of any directions given to the appropriate authority under this paragraph—

(a)to the complainant;

(b)to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(c)except in a case where it appears to the Commission that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

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

(13)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.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I26Sch. 3 para. 25 wholly in force at 1.4.2004; Sch. 3 para. 25 not in force at Royal Assent see s. 108(2); Sch. 3 para. 25 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 25 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Reviews and re-investigations following an appealE+W

26(1)On a review under paragraph 25(8)(a) of the findings of an investigation the powers of the Commission shall be, according to its determination on that review, to do one or more of the following—

(a)to uphold the findings in whole or in part;

(b)to give the appropriate authority such directions—

(i)as to the carrying out by the appropriate authority of its own review of the findings,

(ii)as to the information to be provided to the complainant, and

(iii)generally as to the handling of the matter in future,

as the Commission thinks fit;

(c)to direct that the complaint be re-investigated.

(2)Where the Commission directs under paragraph 25 or sub-paragraph (1) that a complaint be re-investigated, it shall make a determination of the form that the re-investigation should take.

(3)Sub-paragraphs (3) to (7) of paragraph 15 shall apply in relation to a determination under sub-paragraph (2) as they apply in the case of a determination under that paragraph.

(4)The other provisions of this Schedule (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under paragraph 25(8) or sub-paragraph (1) of this paragraph as they apply in relation to any investigation in pursuance of a determination under paragraph 15.

(5)The Commission shall give notification of any determination made by it under this paragraph—

(a)to the appropriate authority;

(b)to the complainant;

(c)to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(d)except in a case where it appears to the Commission that to do so might prejudice any proposed re-investigation of the complaint, to the person complained against.

(6)The Commission shall also give notification of any directions given to the appropriate authority under this paragraph —

(a)to the complainant;

(b)to every person entitled to be kept properly informed in relation to the complaint under section ; and

(c)except in a case where it appears to the Commission that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

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Modifications etc. (not altering text)

Commencement Information

I27Sch. 3 para. 26 wholly in force at 1.4.2004; Sch. 3 para. 26 not in force at Royal Assent see s. 108(2); Sch. 3 para. 26 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 26 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Duties with respect to disciplinary proceedingsE+W

27(1)This paragraph applies where, in the case of any investigation, the appropriate authority—

(a)has given, or is required to give, a notification under paragraph 24(7) of the action it is [F91required to or will, in its discretion,] take in relation to the matters dealt with in any report of the investigation; or

(b)has submitted, or is required to submit, a memorandum to the Commission under paragraph 23 or 25 setting out the action that it is [F92required to or will, in its discretion,] take in relation to those matters.

(2)Subject to paragraph 20 and to any recommendations or directions under the following provisions of this paragraph, it shall be the duty of the appropriate authority—

(a)to take the action which has been or is required to be notified or, as the case may be, which is or is required to be set out in the memorandum; and

(b)in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

(3)Where this paragraph applies by virtue of sub-paragraph (1)(b), the Commission may make a recommendation to the appropriate authority in respect of any person serving with the police—

[F93(za)that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to his conduct to which the investigation related;]

[F94(a)that disciplinary proceedings of the form specified in the recommendation are brought against that person in respect of his conduct to which the investigation related;]

(b)that any disciplinary proceedings brought against that person are modified so as to [F95deal with such aspects of that conduct] as may be so specified;

and it shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.

(4)If, after the Commission has made a recommendation under this paragraph, the appropriate authority does not take steps to secure that full effect is given to the recommendation—

(a)the Commission may direct the appropriate authority to take steps for that purpose; and

(b)it shall be the duty of the appropriate authority to comply with the direction.

(5)A direction under sub-paragraph (4) may, to such extent as the Commission thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.

(6)Where the Commission gives the appropriate authority a direction under this paragraph, it shall supply the appropriate authority with a statement of its reasons for doing so.

(7)Where disciplinary proceedings have been brought in accordance with a recommendation or direction under this paragraph, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.

(8)The Commission may at any time withdraw a direction given under this paragraph; and sub-paragraph (7) shall not impose any obligation in relation to any time after the withdrawal of the direction.

(9)The appropriate authority shall keep the Commission informed—

(a)in a case in which this paragraph applies by virtue of sub-paragraph (1)(b), of whatever action it takes in pursuance of its duty under sub-paragraph (2); and

(b)in every case of a recommendation or direction under this paragraph, of whatever action it takes in response to that recommendation or direction.

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I28Sch. 3 para. 27 wholly in force at 1.4.2004; Sch. 3 para. 27 not in force at Royal Assent see s. 108(2); Sch. 3 para. 27 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 27 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Information for complainant about disciplinary recommendationsE+W

28(1)Where—

(a)the Commission makes recommendations under paragraph 27 in the case of an investigation of a complaint, and

(b)the appropriate authority notify the Commission that the recommendations have been accepted,

the Commission shall notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21 of that fact and of the steps that have been, or are to be taken, by the appropriate authority to give effect to it.

(2)Where in the case of an investigation of a complaint the appropriate authority—

(a)notify the Commission that it does not (either in whole or in part) accept recommendations made by the Commission under paragraph 27, or

(b)fails to take steps to give full effect to any such recommendations,

it shall be the duty of the Commission to determine what if any further steps to take under that paragraph.

(3)It shall be the duty of the Commission to notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—

(a)of any determination under sub-paragraph (2) not to take further steps under paragraph 27; and

(b)where they determine under that sub-paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.

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Modifications etc. (not altering text)

Commencement Information

I29Sch. 3 para. 28 wholly in force at 1.4.2004; Sch. 3 para. 28 not in force at Royal Assent see s. 108(2); Sch. 3 para. 28 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 28 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)

Minor definitionsE+W+S+N.I.

[F9629In this Part of this Schedule—

  • gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;

  • misconduct” means a breach of the Standards of Professional Behaviour;

  • the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter;

  • prescribed” means prescribed by regulations made by the Secretary of State;

  • the Standards of Professional Behaviour” means the standards so described in, and established by, regulations made by the Secretary of State.]

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Amendments (Textual)

F96Sch. 3 para. 29 inserted (3.11.2008 for certain purposes and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 19 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (subject to art. 3)

Section 38

SCHEDULE 4E+W+S+N.I.Powers exercisable by police civilians

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Modifications etc. (not altering text)

Part 1 E+W+S+N.I.Community Support Officers

Powers to issue fixed penalty noticesE+W

1(1)Where a designation applies this paragraph to any person, that person shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2)Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—

(a)the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (fixed penalty notices in respect of offences of disorder);

[F97(aa)the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);]

[F98(ab)the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);]

(b)the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;

(c)F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100(ca)the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and]

(d)the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter)[F101 and

(e)the power of an authorised officer of a primary or secondary authority, within the meaning of section 59 of the Clean Neighbourhoods and Environment Act 2005, to give a notice under that section (fixed penalty notices in respect of offences under dog control orders).]

[F102(2A)The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list—

  • section 1 of the Theft Act 1968,

  • section 87 of the Environmental Protection Act 1990.]

(3)In this paragraph “relevant fixed penalty offence”, in relation to a designated person, means an offence which—

(a)is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in [F103sub-paragraph (2)(a) to (e)] ; and

(b)is specified or described in [F104a designation by which this paragraph is applied to the designated person as an offence which the designated person] has been designated to enforce under this paragraph.

[F105(3A)For the purposes of paragraph (e) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to a designated person, includes an offence under a relevant byelaw within the meaning of paragraph 1ZA(4) (and, accordingly, the reference in that paragraph (e) to paragraph 1 of this Schedule includes a reference to paragraph 1ZA of this Schedule).]

[F106(4)In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(aa) [F107or (ab)] , sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed a relevant fixed penalty offence”.]

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Amendments (Textual)

F103Words in Sch. 4 para. 1(3)(a) substituted (27.1.2010) for the words "sub-paragraph 1(2)(a) to (d)" by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 135, 245, Sch. 6 para. 4(1); S.I. 2010/112, art. 2(g)

F105Sch. 4 para. 1(3A) inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 133(2)(a), 245; S.I. 2010/112, art. 2(e)

Modifications etc. (not altering text)

Commencement Information

I30Sch. 4 para. 1 wholly in force at 15.11.2003; Sch. 4 para. 1 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 1 (except sub-paragraph 1(2)(a)) in force at 2.12.2002 by S.I. 2002/2750, art. 2(a)(ii)(a); Sch. 4 para. 1(2)(a) in force at 15.11.2003 by S.I. 2003/2593, art. 2(d)

[F1081ZA(1)This paragraph applies if a designation applies it to any person.E+W+S+N.I.

(2)Such a designation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the designation.

(3)Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 (fixed penalty notices in relation to offences against certain byelaws).

(4)In this paragraph “relevant byelaw”, in relation to a designated person, means a byelaw which—

(a)falls within sub-paragraph (5); and

(b)is specified or described in that person's designation as a byelaw he has been designated to enforce under this paragraph.

(5)A byelaw falls within this sub-paragraph if—

(a)it is a byelaw to which section 237A of the Local Government Act 1972 applies (fixed penalty notices in relation to offences against certain byelaws); and

(b)the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph.

(6)A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(7)The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).]

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Amendments (Textual)

F108Sch. 4 para. 1ZA inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 133(2)(b), 245; S.I. 2010/112, art. 2(e)

Power to require name and addressE+W

[F1091A(1)This paragraph applies if a designation applies it to any person.

(2)[F110A designation by which this paragraph is applied to a person may specify that the application of sub-paragraph (3) by that designation to that person] is confined to one or more only (and not to all) relevant offences or relevant licensing offences, being in each case specified in the designation.

(3)Subject to sub-paragraph (4), where that person has reason to believe that another person has committed a relevant offence in the relevant police area, or a relevant licensing offence (whether or not in the relevant police area), he may require that other person to give him his name and address.

(4)The power to impose a requirement under sub-paragraph (3) in relation to an offence under a relevant byelaw is exercisable only in a place to which the byelaw relates.

(5)A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6)In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(aa), sub-paragraph (3) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted in the relevant police area has committed a relevant offence.

(7)In this paragraph, “relevant offence”, “relevant licensing offence” and “relevant byelaw” have the meaning given in paragraph 2 (reading accordingly the references to “this paragraph” in paragraph 2(6)).]

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Amendments (Textual)

Modifications etc. (not altering text)

Power to detain etc.E+W

2(1)This paragraph applies if a designation applies it to any person.

[F111(2)A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him.]

(3)Where, in a case in which a requirement under [F112paragraph 1A(3)] has been imposed on another person—

(a)that other person fails to comply with the requirement, or

(b)the person who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate,

the person who imposed the requirement may require the other person to wait with him, for a period not exceeding thirty minutes, for the arrival of a constable.[F113 This sub-paragraph does not apply if the requirement was imposed in connection with a relevant licensing offence mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A) believed to have been committed on licensed premises (within the meaning of the Licensing Act 2003).]

[F114(3A)Where—

(a)a designation applies this paragraph to any person (“the CSO”); and

(b)by virtue of a designation [F115applying paragraph 1A to the CSO,] the CSO has the power to impose a requirement under sub-paragraph (3) of that paragraph in relation to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.

(3B)Where a person to whom this paragraph applies (“the CSO”) has reason to believe that another person is committing an offence under section 3 or 4 of the Vagrancy Act 1824, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding thirty minutes, for the arrival of a constable.]

(4)A person who has been required under sub-paragraph (3) [F116or (3B)] to wait with a person to whom [F117this paragraph is applied] may, if requested to do so, elect that (instead of waiting) he will accompany the person imposing the requirement to a police station in the relevant police area.

[F118(4A)If a person has imposed a requirement under sub-paragraph (3) or (3B) on another person (“P”), and P does not make an election under sub-paragraph (4), the person imposing the requirement shall, if a constable arrives within the thirty-minute period, be under a duty to remain with the constable and P until he has transferred control of P to the constable.

(4B)If, following an election under sub-paragraph (4), the person imposing the requirement under sub-paragraph (3) or (3B) (“the CSO”) takes the person upon whom it is imposed (“P”) to a police station, the CSO—

(a)shall be under a duty to remain at the police station until he has transferred control of P to the custody officer there;

(b)until he has so transferred control of P, shall be treated for all purposes as having P in his lawful custody; and

(c)for so long as he is at the police station, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent P's escape and to assist in keeping P under control.]

(5)A person who—

(a)F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)makes off while subject to a requirement under sub-paragraph (3) [F120or (3B)] , or

(c)makes off while accompanying a person to a police station in accordance with an election under sub-paragraph (4),

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6)In this paragraph “relevant offence”, in relation to a person to whom this paragraph applies, means any offence which is—

(a)a relevant fixed penalty offence for the purposes of the application of paragraph 1 to that person; or

[F121(aa)an offence under section 32(2) of the Anti-social Behaviour Act 2003; or]

[F122(aza)an offence under a relevant byelaw within the meaning of paragraph 1ZA(4); or]

[F123(ab)an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872; or]

[F124(ac)an offence under section 3 or 4 of the Vagrancy Act 1824; or

(ad)an offence under a relevant byelaw; or]

(b)an offence the commission of which appears to that person to have caused—

(i)injury, alarm or distress to any other person; or

(ii)the loss of, or any damage to, any other person’s property;

but a designation applying this paragraph to any person may provide that [F125, for the purposes of this paragraph as applied to that person by that designation,] an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the designation.

[F126(6A)In this paragraph “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003—

(a)section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);

(b)section 142;

(c)section 146(1);

(d)section 149(1)(a), (3)(a) or (4)(a);

(e)section 150(1);

(f)section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);

(g)section 152(1) (excluding paragraph (b)).

(6B)In this paragraph “relevant byelaw” means a byelaw included in a list of byelaws which—

(a)have been made by a relevant body with authority to make byelaws for any place within the relevant police area; and

(b)the chief officer of the police force for the relevant police area and the relevant body have agreed to include in the list.

(6C)The list must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(6D)A list of byelaws mentioned in sub-paragraph (6B) may be amended from time to time by agreement between the chief officer and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6C).

(6E)A relevant body for the purposes of sub-paragraph (6B) is—

(a)in England, a county council, a district council, a London borough council or a parish council; or in Wales, a county council, a county borough council or a community council;

(b)the Greater London Authority;

(c)Transport for London;

[F127(d)an Integrated Transport Authority for an integrated transport area in England;

[F128(da)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]]

(e)any body specified in an order made by the Secretary of State.

(6F)An order under sub-paragraph (6E)(e) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (6B)(b) and (6D) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body).]

(7)F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F130(8)The application of any provision of this paragraph by paragraph 3(2), 3A(2) [F131, 7A(8) or 7C(2)] has no effect unless a designation F132. . . has applied this paragraph to the CSO in question.]

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Amendments (Textual)

F122Sch. 4 para. 2(6)(aza) and word inserted (27.1.2010) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 133(2)(c), 245; S.I. 2010/112, art. 2(e)

Commencement Information

I31Sch. 4 para. 2 wholly in force at 23.12.2004; Sch. 4 para. 2 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 2(1)(2)(5) (except sub- paragraphs (b)(c)) and (6) in force at 2.12.2002 by S.I. 2002/2750, art. 2(a)(ii)(b); Sch. 4 para. 2(3)(4)(5)(b)(c) in force for specified areas only at 2.12.2002 by S.I. 2002/2750, art. 3; Sch. 4 para. 2 in force in so far as not already in force at 23.12.2004 by S.I. 2004/3338, art. 2(a)

Powers to search individuals and to seize and retain itemsE+W

[F1332A(1)Where a designation applies this paragraph to any person, that person shall (subject to sub-paragraph (3)) have the powers mentioned in sub-paragraph (2) in relation to a person upon whom he has imposed a requirement to wait under paragraph 2(3) or (3B) (whether or not that person makes an election under paragraph 2(4)).

(2)Those powers are the same powers as a constable has under section 32 of the 1984 Act in relation to a person arrested at a place other than a police station—

(a)to search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others; and to seize and retain anything he finds on exercising that power, if the constable has reasonable grounds for believing that the person being searched might use it to cause physical injury to himself or to any other person;

(b)to search the arrested person for anything which he might use to assist him to escape from lawful custody; and to seize and retain anything he finds on exercising that power (other than an item subject to legal privilege) if the constable has reasonable grounds for believing that the person being searched might use it to assist him to escape from lawful custody.

(3)If in exercise of the power conferred by sub-paragraph (1) the person to whom this paragraph applies seizes and retains anything by virtue of sub-paragraph (2), he must—

(a)tell the person from whom it was seized where inquiries about its recovery may be made; and

(b)comply with a constable's instructions about what to do with it.]

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Amendments (Textual)

Power to require name and address of person acting in an anti-social mannerE+W

3(1)Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)) to give his name and address.

(2)Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under [F134paragraph 1A(3)] .

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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.

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I32Sch. 4 para. 3 wholly in force at 23.12.2004; Sch. 4 para. 3 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 3(1) in force at 2.12.2002 by S.I. 2002/2750, art. 2(a)(ii)(c); Sch. 4 para. 3(2) in force for specified areas only at 2.12.2002 by S. I. 2002/2750, art. 3; Sch. 4 para. 3(2) in force in so far as not already in force at 23.12.2004 by S.I. 2004/3338, art. 2(b)

Power to require name and address: road traffic offencesE+W

[F1353A(1)Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable—

(a)under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address; and

(b)under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address.

(2)Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under paragraph 1A(3).

(3)The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 11B(4) and 12(2) of this Schedule.]

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Amendments (Textual)

Modifications etc. (not altering text)

Power to use reasonable force to detain personE+W

4(1)[F136Sub-paragraph (3) applies] where a designation—

(a)applies this paragraph to a person to whom any or all of paragraphs 1 to 3 are also applied; and

(b)[F137sets out matters] in respect of which that person has the power conferred by this paragraph.

(2)The matters that may be set out in a designation [F138as matters] in respect of which a person has the power conferred by this paragraph shall be confined to—

(a)offences that are relevant penalty notice offences for the purposes of the application of paragraph 1 to the designated person;

(b)offences that are relevant offences [F139or relevant licensing offences] for the purposes of the application of paragraph [F1401A or] 2 to the designated person; and

(c)behaviour that constitutes acting in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)).

(3)In any case in which a person to whom this paragraph applies has imposed a requirement on any other person under [F141paragraph 1A(3)] or 3(1) in respect of anything appearing to him to be a matter set out in the designation, he may use reasonable force to prevent that other person from making off [F142and to keep him under control] while he is either—

(a)subject to a requirement imposed in that case by the designated person under sub-paragraph (3) of paragraph 2; or

(b)accompanying the designated person to a police station in accordance with an election made in that case under sub-paragraph (4) of that paragraph.

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Amendments (Textual)

Commencement Information

I33Sch. 4 para. 4 wholly in force at 23.12.2004; Sch. 4 para. 4 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 4 in force for specified areas only at 2.12.2002 by S.I. 2002/2750, art. 3; Sch. 4 para. 4 in force in so far as not already in force at 23.12.2004 by S.I. 2004/3338, art. 2(c)

[F1434ZAWhere a designation applies this paragraph to any person, that person may, if he has imposed a requirement on any person to wait with him under paragraph 2(3B) or by virtue of paragraph 7A(8) or 7C(2)(a), use reasonable force to prevent that other person from making off and to keep him under control while he is either—E+W

(a)subject to that requirement; or

(b)accompanying the designated person to a police station in accordance with an election made under paragraph 2(4).

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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.

Amendments (Textual)