[F128A(1)This paragraph applies where the [F2Director General] has received a report [F3(or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally)] under—E+W
(a)paragraph 22(3) (report on completion of investigation of complaint or conduct matter F4... [F5directed] by [F2Director General]),
(b)paragraph 22(5) (report on completion of investigation of complaint or conduct matter by [F6or on behalf of the Director General]), or
(c)paragraph 24A(2) [F7or (2A)] (report on completion of investigation of DSI matter that is not also conduct matter).
(2)This paragraph also applies where the [F2Director General] has made a determination on [F8a review] under—
(a)paragraph [F96A] ([F10review] relating to complaint dealt with other than by investigation), or
(b)paragraph 25 ([F11review] with respect to an investigation).
(3)The [F2Director General] may make a recommendation in relation to a matter dealt with in the report or [F12review].
[F13(3A)Where this paragraph applies—
(a)by virtue of sub-paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint, or
(b)by virtue of sub-paragraph (2),
a recommendation made under sub-paragraph (3) may not be a recommendation of a kind described in regulations made under paragraph 28ZA(1).]
(4)A recommendation under this paragraph may be made to any person if it is made—
(a)following the receipt [F14or completion] 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 [F15a review] 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 [F2Director General] makes a recommendation under this paragraph, [F16the Director General] 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 [F2Director General] thinks a copy should be sent.
(7)Nothing in this paragraph affects the power of the [F2Director General] 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)
F2Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)
F3Words in Sch. 3 para. 28A(1) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(21)(a)(i); S.I. 2017/1249, reg. 2 (with reg. 3)
F4Words in Sch. 3 para. 28A(1)(a) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxi)(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F5Word in Sch. 3 para. 28A(1)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxi)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F6Words in Sch. 3 para. 28A(1)(b) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(21)(a)(ii); S.I. 2017/1249, reg. 2 (with reg. 3)
F7Words in Sch. 3 para. 28A(1)(c) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(21)(a)(iii); S.I. 2017/1249, reg. 2 (with reg. 3)
F8Words in Sch. 3 para. 28A(2) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxii); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F9Word in Sch. 3 para. 28A(2)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxiii)(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F10Word in Sch. 3 para. 28A(2)(a) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxiii)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F11Word in Sch. 3 para. 28A(2)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxiv); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F12Word in Sch. 3 para. 28A(3) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxiv); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F13Sch. 3 para. 28A(3A) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 46; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F14Words in Sch. 3 para. 28A(4)(a) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(21)(b); S.I. 2017/1249, reg. 2 (with reg. 3)
F15Words in Sch. 3 para. 28A(4)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 47(h)(xxv); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
F16Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)