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Police Reform Act 2002

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[F128A(1)This paragraph applies where the Commission has received a report under—E+W

(a)paragraph 22(3) (report on completion of investigation of complaint or conduct matter supervised or managed by Commission),

(b)paragraph 22(5) (report on completion of investigation of complaint or conduct matter by Commission itself ), or

(c)paragraph 24A(2) (report on completion of investigation of DSI matter that is not also conduct matter).

(2)This paragraph also applies where the Commission has made a determination on an appeal under—

(a)paragraph 8A (appeal relating to complaint dealt with other than by investigation), or

(b)paragraph 25 (appeal with respect to an investigation).

(3)The Commission may make a recommendation in relation to a matter dealt with in the report or appeal.

(4)A recommendation under this paragraph may be made to any person if it is made—

(a)following the receipt of a report relating to—

(i)a DSI matter,

(ii)a conduct matter of a type specified in regulations, or

(iii)a complaint of a type specified in regulations; or

(b)following a determination on an appeal relating to a complaint of a type specified in regulations.

(5)In any other case, a recommendation under this paragraph may be made only to—

(a)a person serving with the police, or

(b)a local policing body.

(6)Where the Commission makes a recommendation under this paragraph, it must also—

(a)publish the recommendation, and

(b)send a copy of it—

(i)in a case where the recommendation is made to a local policing body, to the chief officer of the police force maintained by that body;

(ii)in a case where the recommendation is made to a chief officer of a police force, to the local policing body that maintains the police force;

(iii)in a case where the recommendation is made to a contractor (within the meaning of section 12(10)), to the chief officer of a police force to whom the contractor is providing services, and the local policing body that maintains the police force;

(iv)in a case where the recommendation is made to a sub-contractor or an employee of a contractor, to the contractor and the persons to whom a copy must be sent under paragraph (iii);

(v)in a case where the recommendation is made to an employee of a sub-contractor, to the sub-contractor, the contractor and the persons to whom a copy must be sent under sub-paragraph (iii);

(vi)in any other case, to any person to whom the Commission thinks a copy should be sent.

(7)Nothing in this paragraph affects the power of the Commission to make recommendations or give advice under section 10(1)(e) (whether arising under this Schedule or otherwise).]

Textual Amendments

F1Sch. 3 paras. 28A, 28B and cross-headings inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 139, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)

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