SCHEDULES

SCHEDULE 9Independent Office for Police Conduct

Part 2Minor and consequential amendments to the Police Reform Act 2002

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1

Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows.

2

For “Commission”, in each place, substitute “ Director General ”.

3

In paragraph 1(1)—

a

after “, (2)” insert “ , (2A) ”;

b

omit “itself”.

4

In paragraph 4(1)—

a

in the words before paragraph (a), for “it appears to the person in charge” substitute “ the Director General determines ”;

b

for the words after paragraph (b) substitute “ the Director General must proceed under sub-paragraph (2) ”.

5

For paragraph 4(2) substitute—

2

The Director General must—

a

prepare a record of the determination,

b

notify the appropriate authority in relation to the person whose conduct is in question of the determination, and

c

send to it a copy of the record of the determination prepared under paragraph (a).

6

In paragraph 5(1)—

a

for “it appears to the person in charge” substitute “ the Director General determines ”;

b

for “the person must make a submission to that effect to the Commission” substitute “ the Director General must proceed under sub-paragraph (2) ”.

7

For paragraph 5(2) substitute—

0

The Director General must—

a

prepare a record of the determination,

b

notify the appropriate authority in relation to the DSI matter, and

c

send to it a copy of the determination prepared under paragraph (a).

8

After paragraph 6(1) insert—

1A

Sub-paragraph (1) does not apply where the person in charge of the investigation is the Director General acting personally, but the Director General must complete a report on the investigation.

9

In paragraph 6(2)(a) for “the report” substitute “ a report submitted under sub-paragraph (1) or completed under sub-paragraph (1A) ”.

10

In paragraph 7(1) after “paragraph 6” insert “ (1) or on its completion by the Director General under paragraph 6(1A) ”.