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The Food Crime Officers (Complaints and Misconduct) Regulations 2025

S.I. 2025/301 · Made 7 March 2025

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Agriculture, England And Wales

Food, England And Wales

Made 7th March 2025

Laid before Parliament 10th March 2025

Coming into force 1st May 2025

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 26E(1), (2) and (6) and 105(4) and (5) of the Police Reform Act 2002f1.

In accordance with section 24 of that Actf2, the Secretary of State has consulted with the Independent Office for Police Conductf3, the Director General, such persons as appear to the Secretary of State to represent the views of police and crime commissioners, the Mayor’s Office for Policing and Crime, the Common Council, the National Police Chiefs’ Council and such other persons as the Secretary of State thinks fit.

In accordance with section 63(3)(b) of the Police Act 1996f4, the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into account its representations before making these Regulations.

Annotations to the whole text

Footnotes

f1

2002 c. 30. Section 26E was inserted by section 54(4)(b) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). The Police Reform Act 2002 was also amended by Schedule 9 to the Policing and Crime Act 2017 (c. 3). Other relevant amendments to the Police Reform Act 2002 are set out in subsequent footnotes.

f2

Section 24 was amended by paragraph 12 of Schedule 4 to the Police and Justice Act 2006 (c. 48), paragraph 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 6 and 7 of Schedule 14 to the Policing and Crime Act 2017.

f3

The Independent Office for Police Conduct is a body corporate by virtue of section 9 of the Police Reform Act 2002, as amended by section 33 of the Policing and Crime Act 2017. There are other amendments to section 9 of the Police Reform Act 2002, but these are not relevant to this instrument.

f4

1996 c. 16. Section 63(3)(b) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime Act 2005 (c. 15); there are other amendments to section 63, but these are not relevant to this instrument.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Complaints and misconduct: general
  5. 3Application: general
  6. 4Application of the 2002 Act
  7. 5Temporary service
  8. 6General functions of the Director General in relation to officers
  9. 7General functions of the Office under these Regulations
  10. 8Efficiency etc. in exercise of functions
  11. 9Reports to the Secretary of State
  12. 10Complaints, matters and persons to whom and to which these Regulations apply
  13. 11General duties of the chief executive
  14. 12Payments
  15. 13Payment for assistance with investigations
  16. Part 3: Handling of complaints and conduct matters, etc.
  17. 14Duty to preserve evidence relating to complaints
  18. 15Initial handling and recording of complaints
  19. 16Keeping of records by the chief executive
  20. 17Handling of complaints by the chief executive
  21. 18Conduct matters arising in civil proceedings
  22. 19Recording, etc., of conduct matters in other cases
  23. 20Duty to preserve evidence relating to conduct matters
  24. 21Complaints against a person who has subsequently ceased to be employed by the FSA
  25. Part 4: Referral of matters to the Director General
  26. 22Recording and reference of conduct and DSI matters
  27. 23Reference of complaints to the Director General
  28. 24Power of Director General to treat complaints as having been referred
  29. 25Duties of the Director General on references under regulation 23 or complaints treated as having been referred under regulation 24
  30. 26Reference of conduct matters to the Director General
  31. 27Power of Director General to treat conduct matters as having been referred
  32. 28Duties of the Director General on references under regulation 26 or conduct matters treated as having been referred under regulation 27
  33. Part 5: Handling of DSI matters
  34. 29Duty to record DSI matters
  35. 30Duty to preserve evidence relating to DSI matters
  36. 31Reference of DSI matters to the Director General
  37. 32Power of Director General to treat DSI matters as having been referred
  38. 33Duties of Director General on references under regulation 31 or DSI matters treated as having been referred under regulation 32
  39. 34Procedure where conduct matter is revealed during investigation of DSI matter
  40. Part 6: Investigations
  41. 35Inspections of FSA premises on behalf of the Director General
  42. 36Power of the Director General to determine the form of an investigation
  43. 37Appointment of persons to carry out investigations
  44. 38Timeliness of investigations
  45. 39Combining and splitting investigations
  46. 40Withdrawn complaints
  47. 41Withdrawn complaints: no written signed notification
  48. 42Investigations by the chief executive on the chief executive’s own behalf
  49. 43Investigation by a police force or the National Crime Agency under the direction of the Director General
  50. 44Investigations directed by the Director General
  51. 45Investigations by the Director General
  52. 46Change of form of investigation: provision of documentation and evidence
  53. 47Suspension of investigation or other procedure
  54. 48Resumption of investigation of complaint after criminal proceedings
  55. 49Special procedure: severity assessment
  56. 50Special procedure: notification of severity assessment etc.
  57. 51Special procedure: FSA friend
  58. 52Special procedure: revision of severity assessment
  59. 53Special procedure: representations to the person investigating
  60. 54Special procedure: interview of the person concerned
  61. 55Special procedure: duty to provide information to chief executive
  62. 56Interview of an officer during investigations
  63. 57Restrictions on proceedings pending the conclusion of an investigation
  64. Part 7: Provision of information
  65. 58Provision of information to the Director General
  66. 59Duty to keep the complainant informed
  67. 60Duty to provide information for other persons
  68. 61Manner in which duties to keep the complainant and interested person informed are to be performed
  69. 62Exceptions to duties to keep the complainant and interested person informed
  70. 63Chief executive to notify the Director General of outcome of disciplinary proceedings etc.
  71. 64Copies of complaints etc.
  72. 65Information for complainant about disciplinary recommendations
  73. 66Register to be kept by the Director General
  74. 67Manner and time limits of notices and notifications
  75. 68Investigations by the Director General: power to serve an information notice
  76. 69Failure to comply with an information notice
  77. 70Appeals against information notices
  78. 71Sensitive information: restriction on disclosure
  79. Part 8: Reports and recommendations
  80. 72Final reports on investigations: complaints, conduct matters and certain DSI matters
  81. 73Action by the Director General in relation to an investigation report under regulation 72
  82. 74Action by the chief executive in response to an investigation report under regulation 72
  83. 75Final reports on investigations: other DSI matters
  84. 76Provision of copy of report on investigation etc to person to whose conduct the investigation related
  85. 77Action by the Director General in response to an investigation report under regulation 75
  86. 78Duties with respect to disciplinary proceedings
  87. 79Complaints and conduct matters relating to a person whose identity is unascertained
  88. Part 9: Re-investigations, reviews and recommendations
  89. 80Power of the Director General to require re-investigation
  90. 81Reviews with respect to an investigation
  91. 82Reviews: general
  92. 83Information for complainant about disciplinary recommendations
  93. 84Re-investigations following a review
  94. 85Recommendations by the Director General following receipt of reports on completion of an investigation or following a determination on a review
  95. 86Response to recommendation
  96. 87Recommendations by the Director General in relation to remedying dissatisfaction expressed by the complainant
  97. Part 10: Delegation by the chief executive
  98. 88Delegation of powers and duties by the chief executive
  99. Signature
  100. Explanatory note