Paragraph 1 I1C1
Where a complaint is made about the conduct of a chief officer, it shall be the duty of the F1local policing body maintaining his force to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct complained of.
Where—
a complaint is made to a chief officer about the conduct of a person under his direction and control, or
the chief officer shall take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.
The chief officer’s duty under sub-paragraph (2) must be performed as soon as practicable after the complaint is made or, as the case may be, he becomes aware of it.
After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the conduct complained of.
It shall be the duty of a F4local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of its duty under sub-paragraph (1).
It shall be the duty of a chief officer to take all such specific steps for obtaining or preserving evidence relating to F5... the subject-matter of a complaint as he may be directed to take for the purposes of this paragraph by the F6local policing body maintaining his force or by the Director General.
Annotations
Textual amendments
- F1
Words in Sch. 3 para. 1(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(2)(a); S.I. 2011/3019, art. 3, Sch. 1
- F2
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)
- F3
Words in Sch. 3 para. 1(2)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(2)(a); S.I. 2011/3019, art. 3, Sch. 1
- F4
Words in Sch. 3 para. 1(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(2)(a); S.I. 2011/3019, art. 3, Sch. 1
- F5
Words in Sch. 3 para. 1(6) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 4 para. 7(2); S.I. 2020/5, reg. 2(m) (with art. 3(1)(2)(4))
- F6
Words in Sch. 3 para. 1(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 300(2)(b); S.I. 2011/3019, art. 3, Sch. 1
Modifications
- C1
Sch. 3 para. 1 applied (with modifications) (1.4.2006) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(5)(6), Sch. 3
Commencement
- I1
Sch. 3 para. 1 wholly in force at 1.4.2004; Sch. 3 para. 1 not in force at Royal Assent see s. 108(2); Sch. 3 para. 1 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 1 in force in so far as not already in force at 1.4.2004 by S.I. 2004/913, art. 2(d)
Notes on Schedule 3
Modifications
- C1
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))
- C2
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))