Regulation 52 Special procedure: revision of severity assessment

(1)

Where in the case of an investigation under—

(a)

regulation 43 or 44; or

(b)

regulation 45, other than by the Director General acting personally,

the Director General has made a severity assessment and indicates that it is appropriate to revise the assessment, the person investigating must refer the case to the Director General for the Director General to revise the assessment.

(2)

Where in the case of an investigation under—

(a)

regulation 43 or 44; or

(b)

regulation 45, other than by the Director General acting personally,

the Director General has made a severity assessment and the person investigating forms the opinion that it is appropriate to revise that assessment, the person investigating must notify the Director General of that opinion.

(3)

Where in any other case the person investigating has made a severity assessment and considers it appropriate to do so, the person investigating may revise the assessment.

(4)

A severity assessment may only be revised after consultation with the chief executive.

(5)

On the revision of a severity assessment, the person investigating must give a notice to—

(a)

the chief executive; and

(b)

except where paragraph (6) applies, the person concerned,

of the result of the revision.

(6)

This paragraph applies for so long as—

(a)

in the case of an investigation under regulation 43, 44 or 45, the Director General; or

(b)

in the case of an investigation under regulation 42, the person investigating the complaint or matter,

considers the notice might prejudice the investigation or any other investigation (including a criminal investigation).

(7)

A notice under paragraph (5)(b) must be—

(a)

given to the person concerned in person;

(b)

left with a person at, or sent by recorded delivery to, the last known address of the person concerned;

(c)

given to the person concerned in person by their FSA friend, where the FSA friend has agreed with the chief executive to deliver the notice; or

(d)

given to the person concerned in any other manner agreed between the person investigating and the person concerned.