SCHEDULES

C2C3SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C3

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

Reference of conduct matters to the F8Director General

Annotations:
Amendments (Textual)
F8

Words 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)

I1C113

1

It shall be the duty of a F1local policing body or a chief officer to refer a recordable conduct matter to the F8Director General if, in a case (whether or not falling within paragraph 10) in which F2the body or chief officer is the appropriate authority—

a

that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

b

that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

c

the F8Director General notifies the appropriate authority that F9the Director General requires that matter to be referred to the F8Director General for F10the Director General's consideration.

2

In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the F8Director General if that authority considers that it would be appropriate to do so by reason of—

a

the gravity of the matter; or

b

any exceptional circumstances.

3

In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a F3local policing body maintaining any police force may refer any recordable conduct matter to the F8Director General if—

a

it is one in relation to which the chief officer of police of that force is the appropriate authority; and

b

the F4local policing body considers that it would be appropriate to do so by reason of—

i

the gravity of the matter; or

ii

any exceptional circumstances.

4

Where there is an obligation under this paragraph to refer any matter to the F8Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

5

Subject to sub-paragraph (7), the following powers—

a

the power of the F8Director General by virtue of sub-paragraph (1)(c) to require a matter to be referred to F9the Director General, and

b

the power of a F5local policing body or chief officer to refer any matter to the F8Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the F8Director General.

6

Where—

a

a F6local policing body or chief officer refers a matter to the F8Director General under this paragraph, and

b

F7that body or chief officer does not consider that to do so might prejudice F12an investigation of that matter (whether an existing investigation or a possible future one),

F7that body or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.

7

A matter that has already been referred to the F8Director General under this paragraph on a previous occasion F11, or that has been treated as having been so referred by virtue of paragraph 13A—

a

shall not be required to be referred again under this paragraph unless the F8Director General so directs; and

b

shall not be referred in exercise of any power conferred by this paragraph unless the F8Director General consents.