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The Police (Complaints and Misconduct) Regulations 2020

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This is the original version (as it was originally made).

Local policing body functions in relation to complaints: withdrawal of section 13A notices

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49.—(1) A local policing body may only withdraw a section 13A notice—

(a)where it has taken the steps mentioned in paragraphs (2), (3) and (4), and

(b)after the end of the period of 28 days starting with the day on which the step mentioned in paragraph (4) is taken (or retaken, in a case where paragraph (5)(b) applies).

(2) The first step is to consult, in such manner as the local policing body thinks appropriate, each of the following about the proposed withdrawal—

(a)the relevant chief officer;

(b)all persons appearing to the local policing body to represent persons serving with the police who may be affected by the proposed withdrawal.

(3) The second step is to publish, in such manner as the local policing body thinks appropriate, its response to the representations made or views expressed in response to the consultation.

(4) The third step is, having taken the steps mentioned in paragraphs (2) and (3), to notify the relevant chief officer—

(a)that it intends to withdraw the section 13A notice, and

(b)of the date on which it intends to withdraw the notice.

(5) Where a local policing body, having taken the step mentioned in paragraph (4), decides—

(a)not to withdraw the section 13A notice, it must notify the chief officer of that decision promptly;

(b)to withdraw the section 13A notice on a date other than that notified in accordance with paragraph (4), it must retake the step mentioned in that paragraph.

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