OpenLegislation

Section 29D Power to investigate concerns raised by whistle-blowersF1

(1)

The F2Director General may investigate any concern raised by a whistle-blower of which F3the Director General becomes aware (whether because the whistle-blower has contacted the Director General or for any other reason) but only if the whistle-blower informs the Director General, before the beginning of the investigation, that he or she consents to an investigation taking place.

(2)

In deciding whether to investigate, the Director General must take into account the public interest.

(3)

For the purposes of this Part, a person is a “whistle-blower” if—

(a)

the person is, or was at any time, under the direction and control of a chief officer of police,

(b)

the person raises a concern that is about a police force or a person serving with the police,

(c)

the matter to which the concern relates is not—

(i)

about the conditions of service of persons serving with the police, or

(ii)

a matter that is, or could be, the subject of a complaint by the person under Part 2, and

(d)

at the time the Director General first becomes aware of the concern, the matter to which it relates is not—

(i)

under investigation under the direction of the Director General in accordance with paragraph 18 of Schedule 3,

(ii)

under investigation by the Director General in accordance with paragraph 19 of that Schedule,

(iii)

being dealt with as a complaint under section 29A under regulations under section 29C (regulations about super-complaints), or

(iv)

under investigation under this Part.

(4)

Subsection (1) is subject to section 29F (which deals with the position where the concern is a conduct matter for the purposes of Part 2) and to section 29G (which deals with the position where the concern is a DSI matter for the purposes of that Part).

(5)

Schedule 3A (which makes provision about the procedure etc where the Director General decides to investigate under subsection (1)) has effect.

Annotations

Textual amendments

F1

Pt. 2B inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 28(1), 183(1)(5)(e)

F2

Words in s. 29D 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. 42(2); S.I. 2017/1249, reg. 2 (with reg. 3)

F3

Words in s. 29D(1) 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. 42(3); S.I. 2017/1249, reg. 2 (with reg. 3)