OpenLegislation

Regulation 20 Withdrawal of case

Original text. Later amendments are not shown.

(1)

Subject to paragraph (3), at any time before the beginning of the misconduct proceedings, the appropriate authority may direct that the case be withdrawn.

(2)

Where a direction is given under paragraph (1)—

(a)

the appropriate authority may—

(i)

take no further action against the officer concerned;

(ii)

take management action against the officer concerned; or

(iii)

refer the matter to be dealt with under the Performance Regulations; and

(b)

the appropriate authority shall as soon as practicable give the officer concerned—

(i)

written notice of the direction, indicating whether any action will be taken under paragraph (2)(a); and

(ii)

where the investigation has been completed, on request and subject to the harm test, a copy of the investigator’s report or such parts of that report as relate to the officer concerned.

(3)

This regulation shall not apply to a case to which paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applies.