SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 2 Handling of conduct matters

Duties of F1Director General on references under paragraph 13

14

(1)

It shall be the duty of the F1Director General, in the case of every recordable conduct matter referred to F2the Director General by a F3local policing body or chief officer under paragraph 13, to determine whether or not it is necessary for the matter to be investigated.

F4(1A)

The Secretary of State may by regulations provide that the F1Director General must determine that it is necessary for recordable conduct matters referred to F2the Director General that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B)

Regulations under sub-paragraph (1A) may provide that the duty on the F1Director General applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C)

Regulations under sub-paragraph (1A) may also provide that, where the F1Director General is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

(2)

Where the F1Director General determines under this paragraph that it is not necessary for a recordable conduct matter to be investigated F5—

(a)

in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the F6Director General's determination), the F1 Director General must refer the matter back to the appropriate authority for the investigation to be completed, and

(b)

in any other case, the F1Director General may, if F2the Director General thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

(3)

Where—

(a)

the F1Director General refers a matter back to the appropriate authority under this paragraph, and

(b)

the F1Director General does not consider that to do so might prejudice F7an investigation of that matter (whether an existing investigation or a possible future one),

the F1Director General shall give a notification of the making of the reference to the person to whose conduct that matter relates.