OpenLegislation

Paragraph 13 I1C1

(1)

It shall be the duty of a F1local policing body or a chief officer to refer a recordable conduct matter to the F2Director General if, in a case (whether or not falling within paragraph 10) in which F3the body or chief officer is the appropriate authority—

(a)

that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

(b)

that matter is of a description specified for the purposes of this sub-paragraph in regulations made by the Secretary of State; or

(c)

the Director General notifies the appropriate authority that F4the Director General requires that matter to be referred to the Director General for F5the Director General's consideration.

(2)

In any case where there is no obligation under sub-paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the Director General if that authority considers that it would be appropriate to do so by reason of—

(a)

the gravity of the matter; or

(b)

any exceptional circumstances.

(3)

In a case in which a reference under sub-paragraph (1) or (2) is neither made nor required to be made, a F6local policing body maintaining any police force may refer any recordable conduct matter to the Director General if—

(a)

it is one in relation to which the chief officer of police of that force is the appropriate authority; and

(b)

the F7local policing body considers that it would be appropriate to do so by reason of—

(i)

the gravity of the matter; or

(ii)

any exceptional circumstances.

(4)

Where there is an obligation under this paragraph to refer any matter to the Director General, it must be so referred within such period as may be provided for by regulations made by the Secretary of State.

(5)

Subject to sub-paragraph (7), the following powers—

(a)

the power of the Director General by virtue of sub-paragraph (1)(c) to require a matter to be referred to the Director General, and

(b)

the power of a F8local policing body or chief officer to refer any matter to the Director General under sub-paragraph (2) or (3),

shall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Director General.

(6)

Where—

(a)

a F9local policing body or chief officer refers a matter to the Director General under this paragraph, and

(b)

F10that body or chief officer does not consider that to do so might prejudice F11an investigation of that matter (whether an existing investigation or a possible future one),

that body or chief officer shall give a notification of the making of the reference to the person to whose conduct that matter relates.

(7)

A matter that has already been referred to the Director General under this paragraph on a previous occasion F12, or that has been treated as having been so referred by virtue of paragraph 13A—

(a)

shall not be required to be referred again under this paragraph unless the Director General so directs; and

(b)

shall not be referred in exercise of any power conferred by this paragraph unless the Director General consents.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 13(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(a)(i); 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. 13(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(a)(ii); S.I. 2011/3019, art. 3, Sch. 1

F4

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(4) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F5

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(5) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F6

Words in Sch. 3 para. 13(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(b)(i); S.I. 2011/3019, art. 3, Sch. 1

F7

Words in Sch. 3 para. 13(3)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(b)(ii); S.I. 2011/3019, art. 3, Sch. 1

F8

Words in Sch. 3 para. 13(5)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(c); S.I. 2011/3019, art. 3, Sch. 1

F9

Words in Sch. 3 para. 13(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(d)(i); S.I. 2011/3019, art. 3, Sch. 1

F10

Words in Sch. 3 para. 13(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 301(5)(d)(ii); S.I. 2011/3019, art. 3, Sch. 1

F11

Words in Sch. 3 para. 13(6)(b) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 12; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F12

Words in Sch. 3 para. 13(7) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 17(5), 183(1)(5)(e); S.I. 2020/5, reg. 2(e) (with art. 3(1)(2)(4))

Modifications

C1

Sch. 3 para. 13 applied (with modifications) (28.12.2005) by virtue of The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(4)(6), Sch. 3

Commencement

I1

Sch. 3 para. 13 wholly in force at 1.4.2004; Sch. 3 para. 13 not in force at Royal Assent see s. 108(2); Sch. 3 para. 13 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 13 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))