Policing and Crime Act 2017

This section has no associated Explanatory Notes

58(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—

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)”.