The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012

Notification and recording of complaints

9.—(1) Where a complaint is made to the Commission that relates to the conduct of a relevant office holder, it shall give notification of the complaint to the police and crime panel unless it considers that there are exceptional circumstances that justify notification not being given.

(2) Where a complaint is made to a police and crime panel that relates to the conduct of a relevant office holder, it shall—

(a) determine whether or not it is itself the police and crime panel in relation to that relevant office holder; and

(b) if it determines that it is not, give notification of the complaint to the panel that is.

(3) Where a complaint is made to a chief officer of police that relates to the conduct of a relevant office holder, he shall give notification of the complaint to the police and crime panel.

(4) Where a complaint is made to a relevant office holder that relates to his own conduct, he shall give notification of the complaint to the police and crime panel.

(5) Where—

(a) a police and crime panel determines, in the case of a complaint made to the panel that relates to the conduct of a relevant office holder, that it is itself the police and crime panel in relation to that relevant office holder, or

(b) a complaint is notified to a police and crime panel under this regulation,

the panel shall record the complaint.

(6) Nothing in this regulation shall require the notification or recording by any person of any complaint if—

(a) that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal proceedings against the relevant office holder; or

(b) the complaint has been withdrawn in accordance with regulation 16.