# The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012, Regulation 13: Reference of serious complaints and conduct matters to the Director General

Extent: E+W

(1) It shall be the duty of a police and crime panel to refer a complaint to the Director General if—
(a) the panel determines that the complaint is a serious complaint; or
(b) the Director General notifies the panel that the Director General requires the complaint to be referred to the Director General for the Director General’s consideration.
(2) It shall be the duty of a police and crime panel to refer a conduct matter to the Director General if—
(a) the panel has recorded the matter under regulation 11, 12 or 16(6); or
(b) the Director General notifies the panel that the Director General requires the matter to be referred to the Director General for the Director General’s consideration.
(3) Where a complaint or conduct matter is required to be referred to the Director General under paragraph (1)(a) or (2)(a), notification of the complaint or conduct matter shall be given to the Director General—
(a) as soon as is practicable, and in any event not later than the end of the day following the day on which it first becomes clear to the police and crime panel that the complaint or conduct matter is one to which the paragraph (1)(a) or (2)(a) applies, and
(b) in such manner as the Director General specifies.
(4) Where a complaint or conduct matter is required to be referred to the Director General under paragraph (1)(b) or (2)(b), notification of the complaint or conduct matter shall be given to the Director General—
(a) as soon as is practicable, and in any event not later than the end of the day following the day on which the Director General notifies the police and crime panel that the complaint or conduct matter is to be referred, and
(b) in such manner as the Director General specifies.
(5) The power of the Director General by virtue of paragraph (1)(b) or (2)(b) to require a complaint or conduct matter to be referred to the Director General shall be exercisable at any time irrespective of whether the complaint or conduct matter is already being investigated by any person or has already been considered by the Director General.
(6) A police and crime panel which refers a complaint or conduct matter to the Director General under this regulation shall give a notification of the making of the reference—
(a) to the complainant (if there is one), and
(b) except in a case where it appears to that panel that to do so might prejudice a possible future investigation of the complaint or conduct matter, to the person to whose conduct the complaint or matter relates.
(7) A complaint or conduct matter that has already been referred to the Director General under this regulation on a previous occasion shall not be required to be referred again unless the Director General so directs.

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Source: https://www.legislation.gov.uk/uksi/2012/62/regulation/13 (the official version)
Page: https://openlegislation.uk/elected-local-policing-bodies-complaints-and-misconduct-regulations-2012/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.