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
F1Response to recommendation
28B
1
A person to whom a recommendation under paragraph 28A is made must provide to the F2Director General a response in writing stating—
a
what action the person has taken or proposes to take in response to the recommendation, or
b
why the person has not taken, or does not propose to take, any action in response.
2
The person must provide the response to the F2Director General before the end of the period of 56 days beginning with the day on which the recommendation was made, unless sub-paragraph (3) applies.
3
4
But if proceedings for judicial review of the F3Director General's decision to make a recommendation are started during the period allowed by sub-paragraph (2) or (3), that period is extended by however many days the proceedings are in progress.
5
On receiving a response, the F2Director General must, within the period of 21 days beginning with the day on which the F2Director General received it—
a
publish the response, and
b
send a copy of it to any person who was sent a copy of the recommendation under paragraph 28A(6)(b),
unless the person giving the response has made representations under sub-paragraph (6).
6
7
On receiving such representations, the F2Director General may decide—
a
that the response should not be published, or that only parts of it should be published;
b
that the response should not be disclosed, or that only parts of the response should be disclosed.
8
Where, following a decision on representations, the F2Director General decides to publish or disclose a response (in whole or in part), F4the Director General must do so only after the person giving the response has been informed of the F3Director General's decision, and—
a
b
in a case where the F2Director General has decided to reject any of the representations, F4the Director General must do so—
i
within the period of 21 days beginning with the day on which the person was informed of the F3Director General's decision on the representations, but
ii
not before the end of the period of 7 days beginning with that day.
9
But if proceedings for judicial review of the F3Director General's decision to reject a representation are started during the period of 7 days referred to in sub-paragraph (8)(b)(ii)—
a
the F2Director General must not publish or disclose the response while the proceedings are in progress;
10
Where a local policing body or a chief officer makes a response under this paragraph, the body or officer must, at the time the F2Director General publishes the response, also publish the response (to the same extent as published by the F2Director General) and the recommendation under paragraph 28A.
11
For the purposes of this paragraph—
a
“disclosing” a response means sending a copy of it as mentioned in sub-paragraph (5)(b);
b
the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought.
F612
This paragraph does not apply, or ceases to apply, in relation to a recommendation made by virtue of paragraph 28A(1) if the F2Director General determines under section 13B that the complaint, recordable conduct matter or DSI matter that the F2Director General received a report on F5(or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally) is to be re-investigated.
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))