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5. In regulation 5—
(a)after paragraph (1), insert—
“(2) Except as set out in paragraph (6), these Regulations also apply, with the modifications set out in Schedule 3(1), where—
(a)an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (“P”) may amount to gross misconduct; and
(b)condition A, B or C is satisfied.
(3) Condition A is that P ceased to be a police officer after the allegation first came to the attention of a relevant body.
(4) Condition B is that—
(a)P ceased to be a police officer before the allegation first came to the attention of a relevant body; and
(b)the period between the date P ceased to be a police officer and the date the allegation first came to the attention of the relevant body did not exceed 12 months.
(5) Condition C is that—
(a)P ceased to be a police officer before the allegation first came to the attention of a relevant body;
(b)the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months; and
(c)the Commission has made a Condition C special determination under Part 1A of these Regulations (as modified by paragraph (2) and Schedule 3) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate.
(6) Paragraph (2) does not apply—
(a)in relation to a person who ceased to be a police officer before 15th December 2017;
(b)where the disciplinary proceedings would not be the first disciplinary proceedings to be taken against P in respect of the alleged gross misconduct unless they result from a re-investigation of the allegation (whether carried out under these Regulations or under the 2002 Act) that begins not later than 12 months after the date on which P ceased to be a police officer.”;
(b)paragraph (2) becomes paragraph (7) and in that paragraph, after “police officer” insert “or person in relation to whom these Regulations apply by virtue of paragraph (2)”;
(c)after paragraph (7), insert—
“(8) In this regulation, “relevant body” means—
(a)a chief officer of police;
(b)a local policing body; or
(c)the Commission.”.
See sections 50(3A) to (3G) and 51(2B) to (2H) of the Police Act 1996 as inserted by section 29(1) to (3) of the Policing and Crime Act 2017.
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