Regulation 41 Investigations by the Minister under the direction of the Director General
This regulation applies where the Director General has determined under regulation 37 that the Director General should direct the investigation by the Minister of any complaint, recordable conduct matter or DSI matter.
The Minister must—
appoint an authorised investigator to investigate the complaint or matter;
if the Minister is of the opinion that, having regard to regulation 38, it is not possible to appoint an authorised investigator to investigate the complaint or matter, appoint a person who is—
employed by the Crown in service of the Cabinet Office;
seconded to the Crown in service of the Cabinet Office; or
engaged under a contract for services to the Crown in service of the Cabinet Office,
to investigate the complaint or matter; or
if the Minister is of the opinion that, having regard to regulation 38, it is not possible to appoint an authorised investigator or a person mentioned in sub-paragraph (b)(i) to (iii) to investigate the complaint or matter, make arrangements with a chief officer or the Director General of the National Crime Agency to have a person serving with the police or a National Crime Agency officer appointed to investigate the complaint or matter.
The Director General may require that no appointment is made under paragraph (2) unless the Director General has given notice to the Minister that the Director General approves the person whom the Minister proposes to appoint or proposes to make arrangements to have appointed.
Where at any time the Director General is not satisfied with the person investigating, the Director General may require the Minister, as soon as reasonably practicable after being required to do so, to—
propose a different person for appointment or propose to make arrangements to have a different person appointed in accordance with paragraph (2) to investigate the complaint or matter; and
notify the Director General of the person proposed.
Paragraph (4) applies whether the person investigating was appointed—
before the Minister was given notice of the Director General’s determination that the Director General should direct the investigation by the Minister;
under paragraph (2) (including where the appointment was approved by the Director General in accordance with paragraph (3)); or
under paragraph (6)(a).
Where a proposal made in pursuance of a requirement under paragraph (4) has been notified to the Director General—
the Minister must appoint that person to investigate the complaint or matter if, but only if, the Director General notifies the Minister that the Director General approves the appointment of that person;
if the Director General notifies the Minister that the Director General does not approve the appointment of that person, the Minister must make another proposal in accordance with paragraph (4).
The person appointed under paragraph (2) or (6)(a) to investigate the complaint or matter—
is, in relation to that investigation, under the direction and control of the Director General; and
must keep the Director General informed of the progress of the investigation.