Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
69 provisions
40 Amendments to regulation 33 (arrangement of a third stage meeting without a prior first or second stage meeting)
(1) Regulation 33 is amended as follows.
(2) In the heading—
(a) for “third stage meeting” substitute “second stage meeting”;
(b) for “first or second stage meeting” substitute “first stage meeting”.
(3) In paragraph (1)—
(a) in the opening words, for “third stage meeting” substitute “second stage meeting”;
(b) in sub-paragraph (a), for “third stage meeting” substitute “second stage meeting”;
(c) in sub-paragraph (e), omit “(whether with notice or with immediate effect)”.
41 Amendments to regulation 34 (appointment of panel members)
(1) Regulation 34 is amended as follows.
(2) In paragraph (1), for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (9)—
(a) at the end of sub-paragraph (a) insert “or”;
(b) omit sub-paragraph (b) and the “or” after it;
(c) in sub-paragraph (c), omit “26, 29,”.
(4) After paragraph (10) insert—
(11) For the purposes of paragraph (3), a member of a police force is to be treated as if they hold a rank above that of chief superintendent if they are required to perform the duties normally performed by a member of a police force holding a rank above that of chief superintendent.
.
42 Amendments to regulation 36 (procedure on receipt of notice of third stage meeting)
(1) Regulation 36 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (3), for “third stage meeting” substitute “second stage meeting”.
(1) Regulation 37 is amended as follows.
(2) In paragraph (2)(b), for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (3), for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (4)—
(a) in the opening words, for “third stage meeting” substitute “second stage meeting”;
(b) in sub-paragraph (a), for “third stage meeting” substitute “second stage meeting”.
45 Amendments to regulation 39 (postponement and adjournment of a third stage meeting)
(1) Regulation 39 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (1), for “third stage meeting” substitute “second stage meeting”.
46 Amendments to regulation 40 (participation of Director General and investigator at third stage meeting)
(1) Regulation 40 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (2), in the opening words, for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (3), for “third stage meeting” substitute “second stage meeting”.
47 Amendments to regulation 41 (attendance of complainant or interested person at third stage meeting)
(1) Regulation 41 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (1), in the opening words, for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (2), for “third stage meeting” substitute “second stage meeting”.
(5) In paragraph (3), in each of sub-paragraphs (a) and (b), for “third stage meeting” substitute “second stage meeting”.
(6) In paragraph (5), for “third stage meeting” substitute “second stage meeting”.
48 Amendments to regulation 42 (attendance of others at a third stage meeting)
(1) Regulation 42 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (1), for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (5), in the opening words, for “third stage meeting” substitute “second stage meeting”.
(5) In paragraph (6), for “third stage meeting” substitute “second stage meeting”.
(6) In paragraph (8), for “third stage meeting” substitute “second stage meeting”.
(7) In paragraph (9), for “third stage meeting” substitute “second stage meeting”.
(8) In paragraph (10)—
(a) in the opening words, for “third stage meeting” substitute “second stage meeting”;
(b) in the closing words, for “third stage meeting” substitute “second stage meeting”.
(9) In paragraph (13), for “third stage meeting” substitute “second stage meeting”.
49 Amendments to regulation 43 (exclusion from a third stage meeting)
(1) Regulation 43 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (1), for “meeting” substitute “second stage meeting”.
50 Amendments to regulation 44 (procedure at a third stage meeting)
(1) Regulation 44 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (1), for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (2), in the opening words, for “third stage meeting” substitute “second stage meeting”.
(5) In paragraph (3), in the opening words, for “third stage meeting” substitute “second stage meeting”.
In regulation 45(1)—
(a) in the opening words, for “third stage meeting” substitute “second stage meeting”;
(b) in sub-paragraph (a), for “regulation 25(6)(c)” substitute “regulation 17(6A)”;
(c) in sub-paragraph (b)—
(i) for “final written improvement notice” substitute “written improvement notice”;
(ii) for “regulation 25(6)(c)” substitute “regulation 17(6A)”.
(1) Regulation 46 is amended as follows.
(2) In paragraph (3), in each of sub-paragraphs (d) and (e), for “final written improvement notice” substitute “written improvement notice”.
(3) In paragraph (4)(b), for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (7)—
(a) in the opening words, omit “or a final written improvement notice”;
(b) for sub-paragraph (c) substitute—
(c) state that, if a sufficient improvement is not made within such period as the panel specifies in accordance with paragraph (7A), the officer may be required to attend another second stage meeting, and state the date with which this period ends;
;
(c) in sub-paragraph (e)—
(i) after “may be required to attend”, for “a” substitute “another”;
(ii) omit “(in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice”.
(5) After paragraph (7) insert—
(7A) The period specified must be three months, except where the panel considers that there are circumstances which justify a longer period, in which case the period specified must be a reasonable period not exceeding 12 months.
.
(6) In paragraph (8)—
(a) in the opening words, for “the final written improvement notice” substitute “a written improvement notice”;
(b) in sub-paragraph (a)(i), for “third stage meeting” substitute “second stage meeting”.
53 Omission of regulation 47 (assessment of performance or attendance following third stage meeting where a written improvement notice has been issued)
54 Amendments to regulation 48 (assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended)
(1) Regulation 48 is amended as follows.
(2) In the heading—
(a) for “third stage meeting” substitute “second stage meeting”;
(b) for “final written improvement notice” substitute “written improvement notice”.
(3) Before paragraph (1) insert—
(A1) This regulation applies where—
(a) the period of a written improvement notice has been extended under regulation 46(3)(d), or
(b) a written improvement notice has been issued under regulation 46(3)(e) or (6).
.
(4) In paragraph (1), for the opening words substitute “As soon as reasonably practicable after the end of the period specified in accordance with regulation 46(7A) (issue of written improvement notice) or 46(8)(a)(i) (extension of written improvement notice)—”.
(5) In paragraph (2), for “third stage meeting” substitute “second stage meeting”.
(6) In paragraph (3)—
(a) in the opening words, for “third stage meeting” substitute “second stage meeting”;
(b) in each of sub-paragraphs (a) and (b), for “third stage meeting” substitute “second stage meeting”.
(7) In paragraph (4)—
(a) for “final written improvement notice” substitute “written improvement notice”;
(b) for “regulation 46(7)(c)” substitute “regulation 46(7A)”;
(c) after “where the panel orders”, for “and” substitute “an”;
(d) for “regulation 46(8)(a)” substitute “regulation 46(8)(a)(i)”.
(8) In paragraph (5)(b), for “third stage meeting” substitute “second stage meeting”.
(9) In paragraph (7), for “third stage meeting” substitute “second stage meeting”.
(10) In paragraph (8)—
(a) in sub-paragraph (a)—
(i) for “regulation 25(6)(c)” substitute “regulation 17(6A)”;
(ii) for “under regulation 46(7)(c) or (8)(a)” substitute “in accordance with regulation 46(7A) or (8)(a)(i)”;
(b) in sub-paragraph (b), for “final written improvement notice” substitute “written improvement notice”.
(11) In paragraph (9)—
(a) for “third stage meeting” substitute “second stage meeting”;
(b) for “final written improvement notice issued under regulation 46(6)” substitute “written improvement notice issued under regulation 46(3)(e) or (6)”;
(c) for “regulation 46(8)(a)” substitute “regulation 46(8)(a)(i)”.
(12) In paragraph (10), for “third stage meeting” substitute “second stage meeting”.
55 Amendments to regulation 49 (third stage meeting under regulation 48)
(1) Regulation 49 is amended as follows.
(2) In the heading, for “third stage meeting” substitute “second stage meeting”.
(3) In paragraph (1)—
(a) in the opening words, for “third stage meeting” substitute “second stage meeting”;
(b) in sub-paragraph (a), for “third stage meeting” substitute “second stage meeting”.
(4) In paragraph (2)—
(a) for “third stage meeting” substitute “second stage meeting”;
(b) for “final written improvement notice” substitute “written improvement notice”.
59 Amendments to regulation 26 (accelerated procedure: other investigations)
(1) Regulation 26 is amended as follows.
(2) After paragraph (1) insert—
(1A) This regulation also applies if a report or a copy of a report on an investigation under—
(a) paragraph 16 of Schedule 3 (investigations by the appropriate authority on its own behalf);
(b) paragraph 18 of Schedule 3, or
(c) paragraph 19 of Schedule 3,
is submitted or sent to the appropriate authority under paragraph 22 (final reports on investigations) or paragraph 23 (action by the Director General in relation to an investigation report) of Schedule 3.
.
(3) In paragraph (2), for “The appropriate authority” substitute “Where paragraph (1) applies, the appropriate authority”.
(4) After paragraph (2) insert—
(2A) Subject to paragraph (2B), where paragraph (1A) applies, the appropriate authority may at any time determine whether the special conditions are satisfied.
(2B) The appropriate authority must not make a determination under paragraph (2A)—
(a) where the appropriate authority has a duty under paragraph 23(5B) of Schedule 3 to comply with a direction to bring misconduct proceedings;
(b) where the appropriate authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought;
(c) where the appropriate authority has a duty under paragraph 27(4)(b) of Schedule 3 (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation to bring misconduct proceedings, or
(d) where the case is referred to misconduct proceedings, on or after the date of the misconduct meeting or misconduct hearing.
.
(5) In paragraph (3), for “If the appropriate authority” substitute “Subject to paragraph (3A), if the appropriate authority”.
(6) After paragraph (3) insert—
(3A) Where paragraph (1A)(b) or (c) applies, the appropriate authority must not certify the case under paragraph (3) unless—
(a) it submits a memorandum to the Director General notifying the Director General of its determination that the special conditions are satisfied and the reasons for its determination, and
(b) the Director General notifies the appropriate authority that the Director General does not object to the certification.
(3B) The Director General must notify the appropriate authority whether or not the Director General objects to the certification before the end of the period of 10 working days beginning with the first working day after receipt of the memorandum under paragraph (3A).
(3C) If the Director General notifies the appropriate authority that the Director General objects to the certification, the Director General must provide the appropriate authority with a statement of the Director General’s belief as to why it would be inappropriate to certify the case.
.
(7) In paragraph (4), for “The appropriate authority” substitute “Except where paragraph (1A)(a) applies, the appropriate authority”.
(8) After paragraph (9) insert—
(10) In this regulation, “misconduct hearing”, “misconduct meeting” and “misconduct proceedings” have the same meaning as in the Conduct Regulations.
.
60 Amendment to regulation 51 (manner and time limit of notifications under these Regulations)
After paragraph (1) insert—
(1A) Paragraph (1B) applies to—
(a) a notice under regulation 17(1) and a copy of the terms, or revised terms, of reference of the investigation under regulation 17(2) or (3);
(b) a notice under regulation 19(5)(b).
(1B) Subject to paragraph (1C), a notice or document to which this paragraph applies must be—
(a) given to the person concerned in person;
(b) sent to the person concerned by e-mail or other means of electronic communication;
(c) given to the person concerned in person by that person’s police friend, where the police friend has agreed with the appropriate authority to deliver the notice, or
(d) given to the person concerned in any other manner agreed between the person investigating and the person concerned.
(1C) Where it is not reasonably practicable to give or supply a written notice or document to the person concerned under paragraph (1B)(a) or (b) and there is no agreement under paragraph (1B)(c) or (d), the written notice or document must be—
(a) left with a person at the person concerned’s last known address, or
(b) sent to the person concerned’s last known address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”).
(1D) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the person concerned—
(a) if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or
(b) in any other case, on the next working day after the day on which it was sent.
(1E) Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the person concerned—
(a) on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or
(b) in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.
.
64 Transitional provisions: amendments to the Police (Conduct) Regulations 2020
(1) Subject to paragraphs (2) and (3), the amendments made by Part 3 and the Schedule do not have effect in relation to—
(a) a pre-commencement allegation, or
(b) an allegation against a police officer or former police officer which came to the attention of a local policing body, a chief officer of police or the Director General on or after 28th May 2025 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with—
(i) the 2020 Regulations as in force before 28th May 2025, or
(ii) Part 2 of the 2002 Act.
(2) The amendments made by Part 3 and the Schedule apply where the Director General—
(a) determines under section 13B of the 2002 Act (power of the Director General to require a re-investigation) that a complaint or matter is to be re-investigated, or
(b) makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases) in relation to a matter,
regardless of when the complaint was made or the matter came to the attention of the appropriate authority.
(3) The amendments made by the Schedule apply where the officer concerned was not given written notice before 28th May 2025 under—
(a) regulation 30(1) of the 2020 Regulations (notice of referral to misconduct proceedings), or
(b) regulation 51(1) of the 2020 Regulations (notice of referral to accelerated misconduct hearing).
65 Transitional provisions: amendments to the Police (Performance) Regulations 2020 and the Police Appeals Tribunals Rules 2020
The amendments made by Parts 4 and 6 do not have effect in relation to—
(a) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police before 28th May 2025, or
(b) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police on or after 28th May 2025 but which relates to a matter being handled under the Police (Performance) Regulations 2020 as in force immediately before 28th May 2025.
66 Transitional provisions: amendments to the Police (Complaints and Misconduct) Regulations 2020
(1) Subject to paragraph (2) the amendments made by Part 5 do not apply where—
(a) a complaint was made, or a conduct matter or DSI matter came to the attention of an appropriate authority, before 28th May 2025 (“a pre-commencement complaint”, “a pre-commencement conduct matter” or “a pre-commencement DSI matter”);
(b) a complaint is made, or a conduct matter or DSI matter comes to the attention of an appropriate authority, on or after 28th May 2025 which—
(i) relates to—
(aa) a matter in respect of which a pre-commencement complaint was made;
(bb) a pre-commencement conduct matter, or
(cc) a pre-commencement DSI matter, and
(ii) at the time the complaint is made, or the conduct matter or DSI matter comes to the attention of an appropriate authority, that pre-commencement complaint, pre-commencement conduct matter or pre-commencement DSI matter is being handled in accordance with Part 2 of the 2002 Act.
(2) The amendments made by Part 5 apply where the Director General—
(a) determines under section 13B of the 2002 Act that a complaint, recordable conduct matter or DSI matter is to be re-investigated, or
(b) makes a direction under section 28A(1) or (4) of the 2002 Act in relation to a matter,
regardless of when the complaint was made or the matter came to the attention of the appropriate authority.
In this Part—
“the 2002 Act” means the Police Reform Act 2002;
“the 2020 Regulations” means the Police (Conduct) Regulations 2020;
“complaint” has the meaning given by section 12 of the 2002 Act;
“conduct matter” has the meaning given by section 12 of the 2002 Act;
“Director General” means the Director General of the Independent Office for Police Conduct;
“DSI matter” has the meaning given by section 12 of the 2002 Act;
“former police officer” means a person who has ceased to be a member of a police force or special constable;
“police officer” means a member of a police force or special constable;
“pre-commencement allegation” means an allegation against a police officer or former police officer which came to the attention of a local policing body, a chief officer of police or the Director General before 28th May 2025;
“recordable conduct matter” has the meaning given by section 29 of the 2002 Act.
Schedule Amendment of Schedule 1 to the Police (Conduct) Regulations 2020
Regulation 5
Amendment of Schedule 1 to the Police (Conduct) Regulations 2020 (modifications to these Regulations in their application to former officers)
1 Schedule 1 to the Police (Conduct) Regulations 2020 is amended as follows.
Amendments to paragraph 1 (modification to regulation 2)
2 (1) Paragraph 1 is amended as follows.
(2) In sub-paragraph (a)—
(a) after paragraph (ii) insert—
(iia) for the definition of “accelerated misconduct hearing”, there were substituted—
“accelerated misconduct hearing” means a hearing to which an officer may be referred under regulation 21D(7) or 49(4) to determine whether the conduct of the officer amounts to gross misconduct and, if so, what disciplinary action should be imposed;
;
;
(b) for paragraph (viii) substitute—
(viii) for the definition of “misconduct hearing”, except in its application to regulation 21A(1)(d), there were substituted—
“misconduct hearing” means a hearing to which an officer may be referred under regulation 21D(3) or (6), 21E(5)(a) or 23(9)(a) to determine whether the conduct of the officer amounts to gross misconduct and, if so, what disciplinary action should be imposed;
;
;
(3) after sub-paragraph (b) insert—
(c) paragraphs (7) and (8) were omitted.
.
Insertion of paragraphs 14A (modification: insertion of Part 3A) and 14B (modification: insertion of regulation 21G)
3 After paragraph 14 (modification to regulation 21) insert—
Modification: insertion of Part 3A
14A These Regulations are to be read as if after regulation 21 there were inserted—
Part 3A Determination as to whether relevant disciplinary proceedings are required and referral
Application of Part 3A and interpretation
21A (1) Subject to paragraph (2), this Part applies where—
(a) the appropriate authority receives an investigator’s report under regulation 21(1);
(b) the appropriate authority receives a report submitted under paragraph 22 of Schedule 3 to the 2002 Act (final reports on investigations);
(c) the appropriate authority is required to proceed in accordance with this Part by regulation 49(5) or 50(2);
(d) the officer concerned, having been referred to a misconduct hearing on the basis that the officer has a case to answer in respect of gross misconduct, resigns or retires before the date of that hearing, or
(e) in a case where relevant disciplinary proceedings have been delayed by virtue of regulation 10(3)—
(i) the appropriate authority considers that such a hearing would no longer prejudice criminal proceedings, or
(ii) criminal proceedings have concluded (whatever the outcome of those proceedings).
(2) This Part does not apply where Part 4 applies.
(3) In this Part, “relevant disciplinary proceedings” means—
(a) a misconduct hearing under Part 4 of these Regulations;
(b) an accelerated misconduct hearing under Part 5 of these Regulations.
(4) In determining whether any criminal proceedings are concluded for the purposes of paragraph (1)(e)(ii), any right of appeal is to be disregarded.
Determination as to whether case to answer etc.
21B (1) As soon as practicable after a condition referred to in regulation 21A(1) (“the relevant condition”) applies, the appropriate authority must determine—
(a) whether the officer concerned has a case to answer in respect of gross misconduct or whether the officer has no case to answer;
(b) where the appropriate authority determines that the officer has a case to answer in respect of gross misconduct, whether or not relevant disciplinary proceedings should be brought against the officer concerned;
(c) where the appropriate authority determines that the officer has no case to answer in respect of gross misconduct, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.
(2) Where the appropriate authority fails to make the determination as to the matters set out in paragraph (1) before the end of the period of 15 working days beginning with the first working day after the relevant condition applies, it must notify the officer concerned of the reasons for this.
Determination that no case to answer or that relevant disciplinary proceedings will not be brought: next steps
21C (1) Where the appropriate authority determines under regulation 21B(1) that the officer concerned has no case to answer in respect of gross misconduct, the appropriate authority must, as soon as practicable after it has made the determination—
(a) give the officer written notice of that determination, as well as its determination as to whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving, and
(b) subject to the harm test, give the officer a copy of the investigator's report or such parts of that report as relate to the officer.
(2) Where the appropriate authority determines under regulation 21B(1) that the officer concerned has a case to answer in respect of gross misconduct but that relevant disciplinary proceedings should not be brought against the officer concerned, the appropriate authority must, as soon as practicable after it has made the determination—
(a) give the officer written notice of the determination, and
(b) subject to the harm test, give the officer a copy of the investigator's report or such parts of that report as relate to the officer.
Determination that relevant disciplinary proceedings will be brought: next steps
21D (1) Where the appropriate authority determines under regulation 21B(1) that relevant disciplinary proceedings should be brought against the officer concerned, it must take the following steps.
(2) The appropriate authority must decide if it requires a misconduct hearing.
(3) If the appropriate authority decides the question in paragraph (2) in the affirmative, it must refer the case to a misconduct hearing.
(4) If the appropriate authority decides the question in paragraph (2) in the negative, it must give written notice to the officer concerned that the case will be referred to an accelerated misconduct hearing unless, within the period of 10 working days beginning with the first working day after the notification is given, the officer gives the appropriate authority written notice that the officer wishes the case to be referred to a misconduct hearing.
(5) Notification by the officer concerned under paragraph (4) must be given in accordance with regulation 21F.
(6) If the appropriate authority is notified that the officer concerned wishes the case to be referred to a misconduct hearing in accordance with paragraph (4), it must refer the case to a misconduct hearing.
(7) If the appropriate authority is not so notified, it must refer the case to an accelerated misconduct hearing.
Late requests for a misconduct hearing
21E (1) Notwithstanding that a case is to be, or has been, referred to an accelerated misconduct hearing under regulation 21D(7), the officer concerned may submit a request to the appropriate authority that the case be referred to a misconduct hearing.
(2) Such a request is only valid if—
(a) it is in writing;
(b) it is given or submitted in accordance with regulation 21F(2);
(c) it explains—
(i) why the officer concerned was unable to notify the appropriate authority in accordance with regulation 21D(4) that the officer wishes the case to be referred to a misconduct hearing;
(ii) the reasons for any subsequent delay in making the request, and
(d) the appropriate authority receives it before the date of the accelerated misconduct hearing.
(3) The appropriate authority must forward a valid request to the person conducting or chairing the accelerated misconduct hearing (“the decision maker”) for determination.
(4) The decision maker may only grant the request if they are satisfied that—
(a) it was not reasonably practicable for the officer concerned to notify the appropriate authority in accordance with regulation 21D(4) that the officer wishes the case to be referred to a misconduct hearing, and
(b) the officer has submitted their request within a reasonable time after the end of the period of 10 working days referred to in regulation 21D(4).
(5) If the decision maker grants the request, they must, as soon as practicable—
(a) direct the appropriate authority to refer the case to a misconduct hearing, and
(b) give the officer concerned written notice of their decision.
(6) If the decision maker does not grant the request, they must, as soon as practicable, give the officer concerned written notice of their decision and the reasons for it.
Notifications and requests under regulation 21D and 21E: supplementary
21F (1) This regulation applies to—
(a) a notice given by the officer concerned to the appropriate authority under regulation 21D(4);
(b) a request submitted by the officer concerned to the appropriate authority under regulation 21E(1).
(2) A notification or request to which this regulation applies must be given or submitted to the appropriate authority by being—
(a) delivered personally to the appropriate authority by—
(i) the officer concerned, or
(ii) if agreed with the officer, the officer’s police friend;
(b) sent to the appropriate authority’s address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”), or
(c) sent to the appropriate authority by e-mail or other means of electronic communication.
(3) Where a notice or request is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the appropriate authority—
(a) if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or
(b) in any other case, on the next working day after the day on which it was sent.
(4) Where a notice or request is sent by post, it is to be taken to have been given or supplied to the appropriate authority—
(a) on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or
(b) in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.
.
Modification: insertion of regulation 21G
14B These Regulations are to be read as if before regulation 22 and after the heading to Part 4 there were inserted—
Application of Part 4
21G This Part applies where—
(a) the appropriate authority has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act to comply with a direction to bring misconduct proceedings;
(b) the appropriate authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 to the 2002 Act that misconduct proceedings of the form specified in the recommendation are brought;
(c) the appropriate authority has a duty under paragraph 27(4)(b) of Schedule 3 to the 2002 Act to comply with a direction to give effect to a recommendation to bring misconduct proceedings, or
(d) a case is referred to a misconduct hearing under regulation 21D(3) or (6) or 21E(5)(a).
.
.
Substitution of paragraph 16 (modification to regulation 23)
4 For paragraph 16 substitute—
Modification to regulation 23 (referral of case to misconduct proceedings)
16 Regulation 23 is to be read as if—
(a) paragraphs (1) to (8) were omitted, and
(b) paragraphs (10) to (12) were omitted.
.
Insertion of paragraph 34A
5 After paragraph 34 insert—
Modification: insertion of regulation 47A (application of Part 5)
34A These Regulations are to be read as if before regulation 48 and after the heading to Part 5 there were inserted—
Application of Part 5
47A This Part applies where—
(a) the appropriate authority has received a statement submitted by the investigator under regulation 21(3);
(b) the appropriate authority has referred a case to an accelerated misconduct hearing under regulation 21D(7), or
(c) the appropriate authority has certified a case as one where the special conditions are satisfied under regulation 25(3) or 26(3) of the Complaints and Misconduct Regulations (including pursuant to regulation 26(8)(b) of those Regulations).
.
.
Substitution of paragraph 36 (modification to regulation 49)
6 For paragraph 36 substitute—
Modification to regulation 49 (referral of case to accelerated misconduct hearing)
36 Regulation 49 is to be read as if—
(a) at the end of the heading there were inserted “otherwise than under regulation 21D(7)”;
(b) in paragraph (2)(b), for the words from “cease” to “constable” there were substituted “be included in the police barred list”;
(c) in paragraph (5), in the closing words, for “Part 4” there were substituted “Part 3A”;
(d) paragraph (6) were omitted.
.
Insertion of paragraph 36ZA (modification to regulation 50)
7 After paragraph 36 insert—
Modification to regulation 50 (remission of case)
36ZA Regulation 50 is to be read as if—
(a) in paragraph (1)—
(i) after “after the case has been referred” there were inserted “under regulation 49”;
(ii) for “dealt with under Part 4” there were substituted “considered under Part 3A”;
(b) in paragraph (2), for “Part 4” there were substituted “Part 3A”;
(c) paragraph (3) were omitted.
.
Amendment to paragraph 36A (modification to regulation 51)
8 In paragraph 36A—
(a) after paragraph (a) insert—
(aa) after paragraph (1) there were inserted—
(1A) Where a case is referred to an accelerated misconduct hearing under regulation 21D(7), the appropriate authority must as soon as practicable give the officer concerned written notice of these matters and supply the officer with a copy of the items referred to in paragraph (1)(b) and (c).
;
;
(b) in paragraph (b), after the opening words insert—
(ai) in the opening words, after “paragraph 1” there were inserted “or (1A)”;
.
Insertion of paragraphs 36B and 36C (modification to regulations 52 and 54)
9 After paragraph 36A insert—
Modification to regulation 52 (notice of accelerated misconduct hearing)
36B Regulation 52 is to be read as if, in paragraph (1), in the opening words, after “regulation 51(1)” there were inserted “or (1A)”.
Modification to regulation 54 (procedure on receipt of notice)
36C Regulation 54 is to be read as if, in paragraph (1), in the opening words, after “regulation 51(1)” there were inserted “or (1A)”.
.
Insertion of paragraph 37A (modification to regulation 56)
10 After paragraph 37 insert—
Modification to regulation 56 (documents to be supplied)
37A Regulation 56 is to be read as if, in paragraph (1), in each of sub-paragraphs (a) and (b), after “under regulation 51(1)” there were inserted “or (1A)”.
.
Amendment to paragraph 38 (modification to regulation 61)
11 In paragraph 38, after sub-paragraph (a) insert—
(aa) in paragraph (11)(b), after “regulation 51(1)” there were inserted “or (1A)”;
.