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9.—(1) Paragraph 11 shall be modified as follows.
(2) In sub-paragraph (1)—
(a)at the beginning insert “Subject to paragraphs (2A) and (2B),”;
(b)in paragraph (a) for “police authority or chief officer who is” substitute “Head of the Home Civil Service, Chairman or Commissioners who is or are”.
(3) After sub-paragraph (2) insert—
“(2A) Nothing in sub-paragraph (1) shall require the Head of the Home Civil Service, as the appropriate authority, to record a conduct matter if he is satisfied that the matter falls within section 12(1)(b) of this Act.
(2B) Nothing in sub-paragraph (1) shall require the Chairman or the Commissioners, as the appropriate authority, to record a conduct matter if he is or they are satisfied that—
(a)the matter falls within section 12(1)(b) of this Act; and
(b)any disciplinary proceedings which were brought would be unlikely to result in the termination of an office or employment.”.
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