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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

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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”;

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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—

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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—

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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)”.

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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.

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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.”.’.

© Parliamentary copyright	Revised 11 February 2011