41Appropriate authority in relation to a complaint
(1)For the purposes of sections 34 to 40, the appropriate authority in relation to a complaint is—
(a)where the complaint is in respect of an act or omission of a police authority, the authority;
(b)where the complaint is in respect of an act or omission of a joint police board, the board;
(c)where the complaint is in respect of an act or omission of a police force, the chief constable of the force;
(d)where the complaint is in respect of an act or omission of the Authority, the Authority;
(e)where the complaint is in respect of an act or omission of the Agency, the Director General of the Agency;
(f)where the complaint is in respect of an act or omission of a person at a time when the person was a constable of a police force—
(i)where the person was of a senior rank, the maintaining authority in relation to the force;
(ii)where the person was not of such rank, the chief constable of the force;
(g)where the complaint is in respect of an act or omission of a person at a time when the person was employed or appointed by virtue of section 9 of the 1967 Act by a police authority or a joint police board, the authority or board;
(h)where the complaint is in respect of an act or omission of a person at a time when the person was a member of staff of the Authority, the Authority;
(i)where the complaint is in respect of an act or omission of a person at a time when the person was the Director General of the Agency, the Authority;
(j)where the complaint is in respect of an act or omission of a person at a time when the person was the Deputy Director General, a police member or a support staff member of the Agency, the Director General of the Agency.
(2)The reference in subsection (1)(f) to a constable of a police force does not include a constable who is seconded to the Authority under paragraph 10(2) of schedule 1.
(3)In subsection (1)(f)(i), “senior rank” means a rank above chief superintendent.
(4)For the purpose of subsection (1)(f)(i), the maintaining authority in relation to a police force is—
(a)where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;
(b)where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.
(5)Despite paragraphs 7(3)(b) and (5)(a) and 8(3) of schedule 2, the reference in subsection (1)(h) to a member of staff of the Authority does not include a police member of the Agency or a support staff member of the Agency.