SCHEDULES

C3C4SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C4

Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))

Part 2 Handling of conduct matters

Recording etc. of conduct matters in other cases

I1C1C211

1

F3This paragraph applies where—

a

a conduct matter comes (otherwise than as mentioned in paragraph 10) to the attention of the F1local policing body or chief officer who is the appropriate authority in relation to that matter, and

b

it appears to the appropriate authority that the conduct involved in that matter falls within sub-paragraph (2),

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Conduct falls within this sub-paragraph if (assuming it to have taken place)—

a

it appears to have resulted in the death of any person or in serious injury to any person;

b

a member of the public has been adversely affected by it; or

c

it is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State.

F23

The appropriate authority must determine whether the matter is one which it or he is required to refer to the F6Director General under paragraph 13, or is one which it would be appropriate to so refer.

3A

In a case where the appropriate authority determines that the matter is one which it or he is required to refer to the F6Director General under paragraph 13, or is one which it would be appropriate to so refer, it or he shall record the matter.

3B

In any other case, the appropriate authority shall determine whether the matter falls within a description of matters specified in regulations made by the Secretary of State for the purposes of this sub-paragraph.

3C

In a case where the appropriate authority determines that the matter does not fall within such a description, it or he shall record the matter.

3D

In any other case, the appropriate authority may (but need not) record the matter.

3E

In a case where the appropriate authority—

a

records a matter under this paragraph, and

b

is not required to refer the matter to the F6Director General under paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other manner (if any) as it or he may determine.

4

Nothing in F5sub-paragraph (3A) or (3C) shall require the appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

F75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .