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Notices of Amendments: 10 February 2011                  

644

 

Police Reform and Social Responsibility Bill, continued

 
 

            

the appropriate authority may deal with the matter in such other

 

manner (if any) as it or he may determine.”.

 

      (4)  

In sub-paragraph (4), for “sub-paragraph (1)” substitute “sub-paragraph (3A)

 

or (3C)”.

 

Power to discontinue an investigation

 

13  (1)  

Schedule 3 (handling of complaints and conduct matters) is amended in

 

accordance with this paragraph.

 

      (2)  

In the italic heading that precedes paragraph 21 (power of the commission to

 

discontinue an investigation), omit “of the Commission”.

 

      (3)  

Paragraph 21 is amended in accordance with the following provisions of this

 

paragraph.

 

      (4)  

For sub-paragraph (1) substitute—

 

  “(1)  

The Commission may by order require the discontinuance of the

 

investigation of a complaint or matter if (whether on the application

 

of the appropriate authority or otherwise) it appears to the

 

Commission that—

 

(a)    

the complaint or matter is of a description specified in

 

regulations made by the Secretary of State for the purposes

 

of this paragraph, and

 

(b)    

discontinuance of the investigation is within the

 

Commission’s power.

 

    (1A)  

The appropriate authority that is investigating a complaint or matter

 

may discontinue the investigation if it appears to that authority

 

that—

 

(a)    

the complaint or matter is of a description specified in

 

regulations made by the Secretary of State for the purposes

 

of this paragraph, and

 

(b)    

discontinuance of the investigation is not within the

 

Commission’s power.

 

    (1B)  

For the purposes of this paragraph—

 

(a)    

discontinuance of the investigation of a complaint is within

 

the Commission’s power if—

 

(i)    

the investigation is being undertaken by the

 

appropriate authority on its own behalf and the

 

complaint is one required to be referred to the

 

Commission under paragraph 4; or

 

(ii)    

the investigation is under the supervision or

 

management of the Commission;

 

(b)    

discontinuance of the investigation of a matter other than a

 

complaint is within the Commission’s power if the

 

investigation is under the supervision or management of

 

the Commission.”.

 

      (5)  

After sub-paragraph (3) insert—

 

“(3A)  

Where the appropriate authority discontinues an investigation

 

under sub-paragraph (1A), the appropriate authority shall give

 

notification of the discontinuance—

 

(a)    

to every person entitled to be kept properly informed in

 

relation to the investigation under section 21; and


 
 

Notices of Amendments: 10 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

(b)    

in a case where the investigation that is discontinued is an

 

investigation of a complaint, to the complainant.”.

 

      (6)  

In sub-paragraph (4), for “in accordance with this paragraph” substitute “in

 

accordance with an order under sub-paragraph (1)”.

 

      (7)  

After sub-paragraph (5) insert—

 

  “(6)  

Where an investigation of a complaint, recordable conduct matter

 

or DSI matter is discontinued in accordance with sub-paragraph

 

(1A)—

 

(a)    

the appropriate authority may take any such steps of a

 

description specified in regulations made by the Secretary

 

of State as he or it considers appropriate for purposes

 

connected with the discontinuance of the investigation; and

 

(b)    

subject to the preceding paragraphs, neither the appropriate

 

authority nor the Commission shall take any further action

 

in accordance with the provisions of this Schedule in

 

relation to that complaint or matter.”.

 

Duties with respect to disciplinary proceedings

 

14  (1)  

Schedule 3 is amended in accordance with this paragraph.

 

      (2)  

In paragraph 23 (action by the Commission in response to an investigation

 

report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i)

 

insert—

 

“(ia)    

whether or not any such person’s performance is

 

unsatisfactory, and”.

 

      (3)  

In paragraph 24 (action by the appropriate authority in response to an

 

investigation report under paragraph 22), in sub-paragraph (6)(a), after sub-

 

paragraph (i) insert—

 

“(ia)    

whether or not any such person’s performance is

 

unsatisfactory, and”.

 

      (4)  

In paragraph 25 (appeals to the Commission with respect to an

 

investigation)—

 

(a)    

in sub-paragraph (2)(ba), after “answer” (in the second place) insert

 

“or that such a person’s performance is, or is not, unsatisfactory”;

 

(b)    

in sub-paragraph (3), after sub-paragraph (za) insert—

 

“(zb)    

sets out whether the appropriate authority has

 

determined any such person’s performance is, or is

 

not, unsatisfactory;”;

 

(c)    

in sub-paragraph (5)(c)(i), after “sub-paragraph (3)(za)” insert “or

 

(zb)”;

 

(d)    

in sub-paragraph (9), in the words before sub-paragraph (a), for

 

“considers appropriate or” substitute “considers appropriate, or

 

determines that the appropriate authority has not made a determination

 

as to whether a person’s performance is or is not unsatisfactory, or

 

determines that the appropriate authority”.

 

      (5)  

In paragraph 27 (duties with respect to disciplinary proceedings), in sub-

 

paragraph (3)—

 

(a)    

after sub-paragraph (za) insert—

 

“(zb)    

that the person’s performance is, or is not,

 

unsatisfactory;”;

 

(b)    

in sub-paragraph (a), after “conduct” insert “, efficiency or

 

effectiveness”;


 
 

Notices of Amendments: 10 February 2011                  

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Police Reform and Social Responsibility Bill, continued

 
 

(c)    

in sub-paragraph (b), after “conduct” insert “, efficiency or

 

effectiveness”.

 

Rights of appeal

 

15         

Schedule 3 (handling of complaints and conduct matters) is amended in

 

accordance with the following paragraphs of this Schedule.

 

16         

In paragraph 3 (failures to notify or record a complaint), after sub-paragraph

 

(3) insert—

 

“(3A)  

But the complainant has no right of appeal under sub-paragraph (3)

 

in either of the following cases.

 

    (3B)  

The first case is where, by virtue of paragraph 2(7), there is no

 

requirement to record the complaint.

 

    (3C)  

The second case is where—

 

(a)    

the complaint relates to a direction and control matter, and

 

(b)    

the appeal relates to a failure by a local policing body.”.

 

17  (1)  

Paragraph 7 (dispensation by the Commission from requirements of Schedule

 

3 to 2002 Act) is amended in accordance with this paragraph.

 

      (2)  

After sub-paragraph (7) insert—

 

  “(8)  

The complainant shall have a right of appeal to the relevant appeal

 

body against any decision by the appropriate authority under this

 

paragraph to handle the complaint otherwise than in accordance

 

with this Schedule or to take no action in relation to it.

 

      (9)  

But the complainant has no right of appeal in either of the following

 

cases.

 

    (10)  

The first case is where the appeal relates to a decision for which the

 

Commission has given permission under this paragraph.

 

    (11)  

The second case is where the complaint relates to a direction and

 

control matter.

 

    (12)  

On an appeal under this paragraph, subject to sub-paragraphs (13)

 

and (14), the relevant appeal body shall—

 

(a)    

determine whether any decision taken by the appropriate

 

authority under this paragraph should have been taken in

 

the case in question; and

 

(b)    

if the relevant appeal body finds in the complainant’s

 

favour, give such directions as the relevant appeal body

 

thinks appropriate to the local policing body or chief officer

 

as to the action to be taken for handling the complaint in

 

accordance with this Schedule or handling it otherwise than

 

in accordance with this Schedule;

 

            

and it shall be the duty of a local policing body or chief officer to

 

comply with any directions given under paragraph (b).

 

    (13)  

Sub-paragraph (12) does not apply in a case where a particular chief

 

officer of police is—

 

(a)    

the person in respect of whose decision the appeal is made

 

under this paragraph, and

 

(b)    

the relevant appeal body in relation to the appeal.

 

    (14)  

In such a case—


 
 

Notices of Amendments: 10 February 2011                  

647

 

Police Reform and Social Responsibility Bill, continued

 
 

(a)    

the appeal shall determine whether any decision taken by

 

the appropriate authority under this paragraph should have

 

been taken in the case in question; and

 

(b)    

if the appeal finds in the complainant’s favour, the chief

 

officer of police must take such action as the chief officer

 

thinks appropriate for handling the complaint in

 

accordance with this Schedule or handling it otherwise than

 

in accordance with this Schedule.”.

 

18         

For paragraph 9 and the italic heading that precedes it (Appeals relating to

 

local resolution) substitute—

 

“Appeals relating to complaints dealt with other than by investigation

 

8A  (1)  

The complainant shall have a right of appeal to the relevant appeal

 

body against the outcome of any complaint that is—

 

(a)    

subjected to local resolution, or

 

(b)    

handled otherwise than in accordance with this Schedule.

 

      (2)  

But the complainant has no right of appeal if the complaint relates

 

to a direction and control matter.

 

      (3)  

On an appeal under this paragraph, subject to sub-paragraphs (4)

 

and (5), the relevant appeal body shall—

 

(a)    

determine whether the outcome of the complaint is a proper

 

outcome; and

 

(b)    

if the relevant appeal body finds in the complainant’s

 

favour, give such directions as the relevant appeal body

 

thinks appropriate to the appropriate authority as to the

 

action to be taken in relation to the complaint;

 

            

and it shall be the duty of the appropriate authority to comply with

 

any directions given under paragraph (b).

 

      (4)  

Sub-paragraph (3) does not apply in a case where a chief officer of

 

police is the relevant appeal body in relation to the appeal.

 

      (5)  

In such a case—

 

(a)    

the appeal shall determine whether the outcome of the

 

complaint is a proper outcome; and

 

(b)    

if the appeal finds in the complainant’s favour, the chief

 

officer of police must take such action as the chief officer

 

thinks appropriate in relation to the complaint.”.

 

19  (1)  

Paragraph 21 (power of the Commission to discontinue an investigation) is

 

amended in accordance with this paragraph.

 

      (2)  

After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule) insert—

 

  “(7)  

The complainant shall have a right of appeal to the relevant appeal

 

body against any decision by the appropriate authority under sub-

 

paragraph (1A) to discontinue the investigation of the complaint.

 

      (8)  

But the complainant has no right of appeal if the complaint relates

 

to a direction and control matter.

 

      (9)  

On an appeal under this paragraph, subject to sub-paragraphs (10)

 

and (11), the relevant appeal body shall—


 
 

Notices of Amendments: 10 February 2011                  

648

 

Police Reform and Social Responsibility Bill, continued

 
 

(a)    

determine whether any decision taken by the appropriate

 

authority under this paragraph should have been taken in

 

the case in question; and

 

(b)    

if the relevant appeal body finds in the complainant’s

 

favour, give such directions as the relevant appeal body

 

thinks appropriate to the local policing body or chief officer

 

as to the action to be taken for investigating the complaint;

 

            

and it shall be the duty of a local policing body or chief officer to

 

comply with any directions given under paragraph (b).

 

    (10)  

Sub-paragraph (9) does not apply in a case where a particular chief

 

officer of police is—

 

(a)    

the person in respect of whose decision an appeal is made

 

under this paragraph, and

 

(b)    

the relevant appeal body in relation to the appeal.

 

    (11)  

In such a case—

 

(a)    

the appeal shall determine whether any decision taken by

 

the appropriate authority under this paragraph should have

 

been taken in the case in question; and

 

(b)    

if the appeal finds in the complainant’s favour, the chief

 

officer of police must take such action as the chief officer

 

thinks appropriate for investigating the complaint.”.

 

20  (1)  

In the italic heading that precedes paragraph 25 (appeals to the Commission

 

with respect to an investigation), omit “to the Commission”.

 

      (2)  

Paragraph 25 is amended in accordance with the following provisions of this

 

paragraph.

 

      (3)  

In sub-paragraph (2)

 

(a)    

in the words before sub-paragraph (a), for “to the Commission”

 

substitute “to the relevant appeal body”;

 

(b)    

in the words after sub-paragraph (d)—

 

(i)    

for “Commission” substitute “relevant appeal body”;

 

(ii)    

after “this paragraph” insert “(except that the duty to notify

 

the appropriate authority does not apply where that authority

 

is the relevant appeal body).

 

      (4)  

After sub-paragraph (2) insert—

 

 “(2ZA)  

But the complainant has no right of appeal if the complaint relates

 

to a direction and control matter.”.

 

      (5)  

In sub-paragraph (5), for “Commission” (in each place) substitute “relevant

 

appeal body”.

 

      (6)  

In sub-paragraph (6)—

 

(a)    

for “Commission” (in the first place) substitute “relevant appeal

 

body”;

 

(b)    

after “any matter” insert “—

 

(a)    

in a case where the Commission is the relevant

 

appeal body,”;

 

(c)    

at the end insert “; and

 

(b)    

in a case where the appropriate authority is the

 

relevant appeal body, that authority shall take such

 

steps as it considers appropriate for securing that

 

the complainant is properly informed.”.

 

      (7)  

In subsection (7), for “sub-paragraph (6)” substitute “sub-paragraph (6)(a)”.


 
 

Notices of Amendments: 10 February 2011                  

649

 

Police Reform and Social Responsibility Bill, continued

 
 

      (8)  

In subsection (8)—

 

(a)    

after “reconsidered,” insert “in a case where the Commission is the

 

relevant appeal body”;

 

(b)    

at the end of paragraph (b) insert “; and

 

         

in a case where the appropriate authority is the relevant

 

appeal body, that authority shall re-investigate the

 

complaint.”.

 

      (9)  

In sub-paragraph (9), for “Commission” (in each place) substitute “relevant

 

appeal body”;

 

    (10)  

In sub-paragraph (9A)—

 

(a)    

for “Commission” substitute “relevant appeal body”;

 

(b)    

for “it shall direct the appropriate authority” substitute “in a case

 

where the Commission is the relevant appeal body it shall direct the

 

appropriate authority to, or in a case where the appropriate authority is

 

the relevant appeal body it shall”;

 

(c)    

in sub-paragraph (a)—

 

(i)    

omit “to”;

 

(ii)    

omit “the Commission’s”;

 

(d)    

in sub-paragraph, omit “to”.

 

    (11)  

In sub-paragraph (10)—

 

(a)    

in the words before paragraph (a), for “Commission” substitute

 

“relevant appeal body”;

 

(b)    

in sub-paragraph (a), after “authority” insert “(unless it is the relevant

 

appeal body)”;

 

(c)    

in sub-paragraph (d), for “Commission” substitute “relevant appeal

 

body”.

 

    (12)  

In sub-paragraph (11), for “The Commission” substitute “In a case where the

 

Commission is the relevant appeal body, it”.

 

    (13)  

In sub-paragraph (13), for “Commission” substitute “relevant appeal body”.

 

21         

In paragraph 29 (minor definitions), before the definition of “gross

 

misconduct” insert—

 

““direction and control matter” means a matter that relates to the

 

direction and control of a police force by—

 

(a)    

the chief officer of police of that force, or

 

(b)    

a person for the time being carrying out the functions of the

 

chief officer of police of that force;”.

 

22         

After paragraph 29 insert—

 

“Appeals: the relevant appeal body

 

30  (1)  

The relevant appeal body in relation to an appeal is—

 

(a)    

the Commission, in a case where the relevant complaint

 

falls within a description of complaints specified in

 

regulations made by the Secretary of State for the purposes

 

of this paragraph; or

 

(b)    

the chief officer of police who is the appropriate authority

 

in relation to the relevant complaint, in any other case.

 

      (2)  

In this paragraph and paragraphs 31 and 32—

 

“appeal” means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);

 

“relevant complaint”, in relation to an appeal, means the complaint to

 

which the appeal relates.


 
 

Notices of Amendments: 10 February 2011                  

650

 

Police Reform and Social Responsibility Bill, continued

 
 

31  (1)  

This paragraph applies in a case where—

 

(a)    

an appeal is made to the Commission, and

 

(b)    

the appropriate authority is the relevant appeal body in

 

relation to the appeal.

 

      (2)  

The Commission must—

 

(a)    

forward the appeal to the appropriate authority; and

 

(b)    

notify the person who made the appeal—

 

(i)    

that the appropriate authority is the relevant appeal

 

body; and

 

(ii)    

the appeal has been forwarded.

 

      (3)  

The appeal is to be taken to have been—

 

(a)    

made to the appropriate authority, and

 

(b)    

so made at the time when it is forwarded to the appropriate

 

authority.

 

32  (1)  

This paragraph applies in a case where—

 

(a)    

an appeal is made to the appropriate authority, and

 

(b)    

the Commission is the relevant appeal body in relation to

 

the appeal.

 

      (2)  

The appropriate authority must—

 

(a)    

forward the appeal to the Commission; and

 

(b)    

notify the person who made the appeal—

 

(i)    

that the Commission is the relevant appeal body;

 

and

 

(ii)    

the appeal has been forwarded.

 

      (3)  

The appeal is to be taken to have been—

 

(a)    

made to the Commission, and

 

(b)    

so made at the time when it is forwarded to the

 

Commission.”.’.

 


 
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