# The Food Crime Officers (Complaints and Misconduct) Regulations 2025, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations provide for the basis on which the Director General (the “Director General”) of the Independent Office for Police Conduct (“IOPC”) has oversight of complaints and other matters relating to the conduct of food crime officers of the Food Standards Agency (“FSA”). Section 114C of the Police and Criminal Evidence Act 1984 (c. 60) defines “food crime officers” (also see the definition of “officer” in regulation 2).
The statutory framework in accordance with which the IOPC has oversight of police conduct is set out in Part 2 of, and Schedule 3 to, the Police Reform Act 2002 (c. 30, “the 2002 Act”). These Regulations make provision which broadly reflects existing arrangements in accordance with which the IOPC has oversight of the police under the 2002 Act, but with modifications to reflect differences between the FSA and the police.
Part 1 contains introductory provision, including an interpretation provision.
Part 2 comprises regulations 3 to 13 and includes general provision as to complaints and misconduct. In particular, Part 2 includes provision about the persons, complaints and matters to whom and to which these Regulations apply; the application of certain provisions of the 2002 Act with modifications; the general functions of the Director General, the IOPC and the chief executive (“the chief executive”) of the FSA; reporting to the Secretary of State; and provision relating to payments and payment for assistance with investigations.
Part 3 comprises regulations 14 to 21 and includes provision about the handling of complaints and conduct matters. In particular, Part 3 includes provision about the preservation of evidence; the initial handling and recording of complaints; and the keeping of records.
Part 4 comprises regulations 22 to 28. Part 4 contains provision about the recording and referral of complaints and conduct matters by the chief executive to the Director General; the duties of the Director General on such references; and the power of the Director General to treat complaints or conduct matters as having been referred to the Director General.
Part 5 concerns the handling of death and serious injury (“DSI”) matters and comprises regulations 29 to 34. Part 5 contains provision in relation to the recording and referral of DSI matters that is broadly similar to the provision contained in Part 4.
Part 6 comprises regulations 35 to 57. In particular, Part 6 contains provision about the investigation of complaints and matters, including in particular the power of the Director General to determine the form of investigations; the appointment of persons to carry out investigations; investigations by the chief executive on the chief executive’s own behalf; investigations by a police force or the National Crime Agency under the direction of the Director General; investigations by the chief executive under the direction of the Director General; and investigations by the Director General. Part 6 also contains provision about combining, splitting and suspending investigations; the withdrawal of complaints; and the application of a special procedure and the carrying out of a severity assessment in certain cases of alleged serious misconduct.
Part 7 comprises regulations 58 to 71. In particular, Part 7 contains provision about duties to keep the complainant and certain other persons informed; the provision of information; and restrictions on the disclosure of sensitive information. Part 7 also contains provision relating to the power of the Director General to serve an information notice.
Part 8 comprises regulations 72 to 79. In particular, Part 8 contains provision about reports and recommendations following an investigation.
Part 9 comprises regulations 80 to 87. In particular, Part 9 contains provision about the power of the Director General to require a re-investigation of a complaint or matter and about the review of the outcome of a complaint. Part 9 also contains provision about the making of recommendations following an investigation.
Part 10 comprises regulation 88. This provision concerns the power of the chief executive to delegate functions under the Regulations to other FSA staff members.
The guidance referred to in regulations 19, 23, 26, 41, 48, 67 and 85 is IOPC statutory guidance on the police complaints system, issued under section 22 of the 2002 Act and can be viewed at https://www.policeconduct.gov.uk/complaints/information-for-police. Hard copies are available for inspection at the National Food Crime Unit, Food Standards Agency, at either Floor 6, Clive House, 70 Petty France, London SW1H 9EX or Apex House, Calthorpe Road, Birmingham B15 1TR, at reasonable times, following a written request to the address concerned or to nfcufutures@food.gov.uk.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2025/301/note (the official version)
Page: https://openlegislation.uk/food-crime-officers-complaints-and-misconduct-regulations-2025/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.