26.—(1) Paragraph 21 (power of the Commission to discontinue an investigation)(1) is modified as follows.
(2) In sub-paragraph (1), at the beginning insert “Subject to paragraph (1A),”.
(3) After sub-paragraph (1) insert—
“(1A) The Commission may only discontinue an investigation in respect of a complaint or matter specified in section 10(3) if—
(a)the appropriate authority has applied to it for the purpose of discontinuing that investigation and;
(b)the Commission has previously determined the form that investigation into the complaint or matter should take in accordance with paragraph 15 of this Schedule.”.
Paragraph 21 of Schedule 3 to the 2002 Act has been amended by section 160 of, and paragraphs 1, 11 and 19 of Schedule 12 to, the Serious Organised Crime and Police Act 2005.