SCHEDULES

SCHEDULE 5Complaints, conduct matters and DSI matters: procedure

Part 5Recommendations by the Commission and local policing bodies

45

In Part 3 of Schedule 3 to the Police Reform Act 2002, after paragraph 28 insert—

28ZARecommendations by the Commission or a local policing body

1

A recommendation under this paragraph (for the purposes of paragraphs 6A, 23, 24 and 25) is a recommendation of a kind described in regulations made by the Secretary of State which is made with a view to remedying the dissatisfaction expressed by the complainant concerned.

2

A recommendation of a kind described in regulations under subsection (1) may (amongst other things) be a recommendation that compensation be paid.

3

The reference in subsection (1) to the complainant concerned—

a

in relation to a recommendation made by virtue of paragraph 6A(5)(b) or (6)(c), is a reference to the complainant who applied under paragraph 6A(2) for the review;

b

in relation to a recommendation made by virtue of paragraph 23(5F) or 24(6A), is a reference to the complainant whose complaint, having been investigated, resulted in the submission of the report under paragraph 22;

c

in relation to a recommendation made by virtue of paragraph 25(4C)(d) or (4E)(d), is a reference to the complainant who applied under paragraph 25(1B) for the review.

4

The Secretary of State may by regulations make further provision about recommendations under this paragraph.

5

The regulations may (amongst other things)—

a

specify the persons to whom recommendations under this paragraph may be made;

b

authorise the person making a recommendation under this paragraph (whether the Commission or a local policing body) to require a response to the recommendation;

c

require the person making a recommendation under this paragraph to send a copy of the recommendation, and any response to it, to any prescribed person or person of a prescribed description.

46

In consequence of the insertion of paragraph 28ZA, in paragraph 28A of Schedule 3 to the Police Reform Act 2002, after sub-paragraph (3) insert—

3A

Where this paragraph applies—

a

by virtue of sub-paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint, or

b

by virtue of sub-paragraph (2),

a recommendation made under sub-paragraph (3) may not be a recommendation of a kind described in regulations made under paragraph 28ZA(1).