Paragraph 15 I1C1
England and Wales
This paragraph also applies where the Director General determines under paragraph 6A(5)(a) that it is necessary for a complaint to be investigated.
It shall be the duty of the Director General to determine the form which the investigation should take.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The only forms which the investigation may take in accordance with a determination made under this paragraph are—
an investigation by the appropriate authority on its own behalf;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an investigation by that authority under the F7direction of the Director General;
an investigation by the Director General.
In making a determination under sub-paragraph (2) the Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf and if it is the Director General must determine that the investigation is to take that form.
Where, in accordance with sub-paragraph (4A), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General unless sub-paragraph (4C) applies.
This sub-paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form.
Where the Director General determines under sub-paragraph (4C) or (5B) that an investigation is to take the form of an investigation by the appropriate authority under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation.
If, on such a review, the Director General determines that—
it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form;
having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Director General may make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form.
Subject to sub-paragraph (5A), if at any time the Director General determines that, were F10the Director General to apply sub-paragraphs (4A) to (4C) again, the form of the investigation would be different, the Director General may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form.
Where a determination under this paragraph replaces an earlier determination under this paragraph, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Director General may give—
the appropriate authority, and
any person previously appointed to carry out the investigation,
such directions as the Director General considers appropriate for the purpose of giving effect to the new determination.
It shall be the duty of a person to whom a direction is given under sub-paragraph (6) to comply with it.
The Director General shall also notify the following of any determination that the Director General makes under this paragraph in relation to a particular complaint, recordable conduct matter or DSI matter and of the Director General's reasons for making the determination—
every person entitled to be kept properly informed in relation to the complaint or matter under section 21;
where the determination is made in relation to a complaint, the complainant;
the person to whose conduct the investigation will relate.
The duty imposed by sub-paragraph (9) on the Director General in relation to a complaint, recordable conduct matter or DSI matter shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.
Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (10) as they apply for the purposes of that section.
Annotations
Textual amendments
- F1
Words in Sch. 3 para. 15(1)(a)(8) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 13; S.I. 2005/1521, art. 3(1)(w)
- 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. 15(1)(b) 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), s. 183(1)(5)(e), Sch. 5 para. 15(2); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F4
Sch. 3 para. 15(1A) 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), s. 183(1)(5)(e), Sch. 5 para. 15(3); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F5
Sch. 3 para. 15(3) 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. 5 para. 15(4); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F6
Sch. 3 para. 15(4)(b) 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. 5 para. 15(5)(a); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F7
Word in Sch. 3 para. 15(4)(c) 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. 15(5)(b); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F8
Sch. 3 para. 15(4A)-(4C) 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), s. 183(1)(5)(e), Sch. 5 para. 15(6); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F9
Sch. 3 para. 15(5)-(5B) substituted for Sch. 3 para. 15(5) (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. 15(7); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F10
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)
- F11
Words in Sch. 3 para. 15(8) 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), s. 183(1)(5)(e), Sch. 5 para. 15(8); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
- F12
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)
- F13
Sch. 3 para. 15(9)-(11) 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), s. 183(1)(5)(e), Sch. 5 para. 15(9); S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
Modifications
- C1
Sch. 3 para. 15 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. 15 wholly in force at 1.4.2004; Sch. 3 para. 15 not in force at Royal Assent see s. 108(2); Sch. 3 para. 15 in force for specified purposes at 1.10.2002 by S.I. 2002/2306, art. 4(e); Sch. 3 para. 15 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))