15(1)Paragraph 15 (power of the Commission to determine the form of an investigation) is amended as follows.E+W
(2)In sub-paragraph (1)(b), after “determines” insert “ under paragraph 5(1), 14(1) or 14D(1) ”.
(3)After sub-paragraph (1) insert—
“(1A)This paragraph also applies where the Commission determines under paragraph 6A(5)(a) that it is necessary for a complaint to be investigated.”
(4)Omit sub-paragraph (3).
(5)In sub-paragraph (4)—
(a)omit paragraph (b);
(b)in paragraph (c), for “management” substitute “ direction ”.
(6)After sub-paragraph (4) insert—
“(4A)In making a determination under sub-paragraph (2) the Commission must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf and if it is the Commission must determine that the investigation is to take that form.
(4B)Where, in accordance with sub-paragraph (4A), the Commission determines that it is not appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Commission must determine that the investigation is to take the form of an investigation by the Commission unless sub-paragraph (4C) applies.
(4C)This sub-paragraph applies where the Commission determines that it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority under the direction of the Commission, in which case the Commission must determine that the investigation is to take that form.”
(7)For sub-paragraph (5) substitute—
“(5)Where the Commission determines under sub-paragraph (4C) or (5B) that an investigation is to take the form of an investigation by the appropriate authority under the direction of the Commission, the Commission must keep under review whether that form of investigation continues to be the most appropriate form of investigation.
(5A)If, on such a review, the Commission determines that—
(a)it would be more appropriate for the investigation to take the form of an investigation by the Commission, the Commission must make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form;
(b)having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Commission may make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form.
(5B)Subject to sub-paragraph (5A), if at any time the Commission determines that, were it to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the Commission may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form.”
(8)In sub-paragraph (8), at the end insert “ and of its reasons for making the determination ”.
(9)After sub-paragraph (8) insert—
“(9)The Commission shall also notify the following of any determination that it makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of its reasons for making the determination—
(a)every person entitled to be kept properly informed in relation to the complaint or matter under section 21;
(b)where the determination is made in relation to a complaint, the complainant;
(c)the person to whose conduct the investigation will relate.
(10)The duty imposed by sub-paragraph (9) on the Commission in relation to a complaint, recordable conduct matter or DSI matter shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
(11)Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (10) as they apply for the purposes of that section.”
Commencement Information
I1Sch. 5 para. 15 in force for certain purposes at Royal Assent, see s. 183
I2Sch. 5 para. 15 in force at 1.2.2020 in so far as not already in force by S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))