SCHEDULES
C1C2SCHEDULE 3Handling of Complaints and Conduct matters etc.
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 3Investigations and subsequent proceedings
F1Recommendations by the F2Director General
Sch. 3 paras. 28A, 28B and cross-headings inserted (1.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 139, 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 3(a)
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)
28A
1
This paragraph applies where the F2Director General has received a report F4(or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally) under—
a
b
paragraph 22(5) (report on completion of investigation of complaint or conduct matter by F5or on behalf of the Director General), or
c
paragraph 24A(2) F6or (2A) (report on completion of investigation of DSI matter that is not also conduct matter).
2
This paragraph also applies where the F2Director General has made a determination on F11a review under—
b
paragraph 25 (F14review with respect to an investigation).
3
F83A
Where this paragraph applies—
a
by virtue of sub-paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint, or
b
by virtue of sub-paragraph (2),
a recommendation made under sub-paragraph (3) may not be a recommendation of a kind described in regulations made under paragraph 28ZA(1).
4
A recommendation under this paragraph may be made to any person if it is made—
a
following the receipt F7or completion of a report relating to—
i
a DSI matter,
ii
a conduct matter of a type specified in regulations, or
iii
a complaint of a type specified in regulations; or
b
following a determination on F16a review relating to a complaint of a type specified in regulations.
5
In any other case, a recommendation under this paragraph may be made only to—
a
a person serving with the police, or
b
a local policing body.
6
Where the F2Director General makes a recommendation under this paragraph, F3the Director General must also—
a
publish the recommendation, and
b
send a copy of it—
i
in a case where the recommendation is made to a local policing body, to the chief officer of the police force maintained by that body;
ii
in a case where the recommendation is made to a chief officer of a police force, to the local policing body that maintains the police force;
iii
in a case where the recommendation is made to a contractor (within the meaning of section 12(10)), to the chief officer of a police force to whom the contractor is providing services, and the local policing body that maintains the police force;
iv
in a case where the recommendation is made to a sub-contractor or an employee of a contractor, to the contractor and the persons to whom a copy must be sent under paragraph (iii);
v
in a case where the recommendation is made to an employee of a sub-contractor, to the sub-contractor, the contractor and the persons to whom a copy must be sent under sub-paragraph (iii);
vi
in any other case, to any person to whom the F2Director General thinks a copy should be sent.
7
Nothing in this paragraph affects the power of the F2Director General to make recommendations or give advice under section 10(1)(e) (whether arising under this Schedule or otherwise).
Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))