Textual Amendments
F1Words in Sch. 3 para. 21 omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 13(2); S.I. 2012/2892, art. 2(g) (with art. 6)
21[F2(1)The Commission may by order require the discontinuance of the investigation of a complaint or matter if (whether on the application of the appropriate authority or otherwise) it appears to the Commission that—E+W
(a)the complaint or matter is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph, and
(b)discontinuance of the investigation is within the Commission's power.
(1A)The appropriate authority that is investigating a complaint or matter may discontinue the investigation if it appears to that authority that—
(a)the complaint or matter is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph, and
(b)discontinuance of the investigation is not within the Commission's power.
(1B)For the purposes of this paragraph—
(a)discontinuance of the investigation of a complaint is within the Commission's power if—
(i)the investigation is being undertaken by the appropriate authority on its own behalf and the complaint is one required to be referred to the Commission under paragraph 4; or
(ii)the investigation is under the supervision or management of the Commission;
(b)discontinuance of the investigation of a matter other than a complaint is within the Commission's power if the investigation is under the supervision or management of the Commission.]
(2)The Commission shall not discontinue any investigation that is being carried out in accordance with paragraph 19 except in such cases as may be authorised by regulations made by the Secretary of State.
(3)Where the Commission makes an order under this paragraph or discontinues an investigation being carried out in accordance with paragraph 19, it shall give notification of the discontinuance—
(a)to the appropriate authority;
(b)to every person entitled to be kept properly informed in relation to the subject matter of the investigation under section 21; and
(c)in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.
[F3(3A)Where the appropriate authority discontinues an investigation under sub-paragraph (1A), the appropriate authority shall give notification of the discontinuance—
(a)to every person entitled to be kept properly informed in relation to the investigation under section 21; and
(b)in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.]
(4)Where an investigation of a complaint[F4, recordable conduct matter or DSI matter] is discontinued [F5in accordance with an order under sub-paragraph (1)]—
(a)the Commission may give the appropriate authority directions to do any such things as it is authorised to direct by regulations made by the Secretary of State;
(b)the Commission may itself take any such steps of a description specified in regulations so made as it considers appropriate for purposes connected with the discontinuance of the investigation; and
(c)subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of this Schedule in relation to that complaint or matter.
(5)The appropriate authority shall comply with any directions given to it under sub-paragraph (4).
[F6(6)Where an investigation of a complaint, recordable conduct matter or DSI matter is discontinued in accordance with sub-paragraph (1A)—
(a)the appropriate authority may take any such steps of a description specified in regulations made by the Secretary of State as he or it considers appropriate for purposes connected with the discontinuance of the investigation; and
(b)subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of this Schedule in relation to that complaint or matter.]
[F7(7)The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under sub-paragraph (1A) to discontinue the investigation of the complaint.
(8)But the complainant has no right of appeal if the complaint relates to a direction and control matter.
(9)On an appeal under this paragraph, subject to sub-paragraphs (10) and (11), the relevant appeal body shall—
(a)determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and
(b)if the relevant appeal body finds in the complainant's favour, give such directions as the relevant appeal body thinks appropriate to the local policing body or chief officer as to the action to be taken for investigating the complaint;
and it shall be the duty of a local policing body or chief officer to comply with any directions given under paragraph (b).
(10)Sub-paragraph (9) does not apply in a case where a particular chief officer of police is—
(a)the person in respect of whose decision an appeal is made under this paragraph, and
(b)the relevant appeal body in relation to the appeal.
(11)In such a case—
(a)the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and
(b)if the appeal finds in the complainant's favour, the chief officer of police must take such action as the chief officer thinks appropriate for investigating the complaint.]
Textual Amendments
F2Sch. 3 para. 21(1)-(1B) substituted for Sch. 3 para. 21(1) (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 13(4); S.I. 2012/2892, art. 2(g) (with art. 6)
F3Sch. 3 para. 21(3A) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 13(5); S.I. 2012/2892, art. 2(g) (with art. 6)
F4Words in Sch. 3 para. 21(4) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 19; S.I. 2005/1521, art. 3(1)(w)
F5Words in Sch. 3 para. 21(4) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 13(6); S.I. 2012/2892, art. 2(g) (with art. 6)
F6Sch. 3 para. 21(6) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 13(7); S.I. 2012/2892, art. 2(g) (with art. 6)
F7Sch. 3 para. 21(7)-(11) inserted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 14 para. 19(2); S.I. 2012/2892, art. 2(g) (with art. 6)
Modifications etc. (not altering text)
C1Sch. 3 para. 21 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3
Commencement Information
I1Sch. 3 para. 21 wholly in force at 1.4.2004; Sch. 3 para. 21 not in force at Royal Assent see s. 108(2); Sch. 3 para. 21 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 21 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)