Regulation 21 Conduct matters arising in civil proceedings

(1)

(a)

the Minister has received notification (whether or not under this regulation) that civil proceedings relating to any matter have been issued by a member of the public against the Minister, or it otherwise appears to the Minister that such proceedings are likely to be so issued; and

(b)

it appears to the Minister (whether at the time of the notification or at any time subsequently) that those proceedings involve, or would involve, a conduct matter.

(2)

The Minister must determine whether the matter is one which the Minister is required to refer to the Director General under regulation 28 or is one which it would be appropriate to so refer.

(3)

If the Minister determines that the matter is one which the Minister is required to refer to the Director General under regulation 28, or is one which it would be appropriate to so refer, the Minister must record the matter.

(4)

In any case not falling within paragraph (3), the Minister must determine whether the matter—

(a)

concerns substantially the same conduct as—

(i)

a complaint made previously (“previous complaint”); or

(ii)

a conduct matter recorded previously (“previous conduct matter”);

(b)

is one in respect of which there is no fresh indication that an authorised investigator may have—

(i)

committed a criminal offence; or

(ii)

behaved in a manner which would justify the bringing of disciplinary proceedings;

(c)

is one in respect of which there is no fresh substantive evidence which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and

(d)

is one where, as respects the previous complaint or previous conduct matter, it has been or is being investigated or otherwise handled in accordance with these Regulations.

(5)

In a case where the Minister determines that the matter does not fall within paragraph (4), the Minister must record the matter.

(6)

In any case not falling within paragraph (3) or (5), the Minister may (but need not) record the matter.

(7)

In a case where the Minister—

(a)

records a matter under this regulation; and

(b)

is not required to refer the matter to the Director General under regulation 28 and does not do so,

the Minister may deal with the matter in such other manner (if any) as the Minister may determine.

(8)

Nothing in paragraphs (3) or (5) requires the Minister to record any conduct matter if the Minister is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

(9)

For the purposes of this paragraph, civil proceedings involve a conduct matter if—

(a)

they relate to such a matter; or

(b)

they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.