Regulation 87 Recommendations by the Director General in relation to remedying dissatisfaction expressed by the complainant

(1)

This regulation applies for the purposes of a recommendation under regulation 73(13) or 81(7)(d) where the Director General considers it appropriate to make a recommendation of a kind described in paragraph (3) with a view to remedying the dissatisfaction expressed by the complainant concerned.

(2)

A recommendation under this regulation may only be made to the chief executive.

(3)

The kinds of recommendation are—

(a)

a recommendation that an apology be made to the complainant concerned;

(b)

a recommendation that any property seized from the complainant concerned be returned;

(c)

a recommendation not falling within sub-paragraphs (a) or (b), other than a recommendation that compensation be paid, which the Director General considers appropriate to remedy the dissatisfaction expressed by the complainant concerned.

(4)

Following receipt of a recommendation, the chief executive must provide to the Director General a written response stating—

(a)

whether the chief executive accepts the recommendation;

(b)

if the chief executive accepts the recommendation, the steps that the chief executive proposes to take to give effect to the recommendation;

(c)

if the chief executive does not accept the recommendation, the reasons for not accepting it.

(5)

Subject to paragraph (6), the chief executive must provide the response before the end of the period of 28 days starting with the day after the day on which the recommendation was made.

(6)

The Director General may extend the period mentioned in paragraph (5) and, if so, the chief executive must provide the response before the end of the extended period.

(7)

The Director General must send a copy of the recommendation and the response to it to—

(a)

the complainant concerned;

(b)

any interested person; and

(c)

except in a case where it appears to the Director General that to do so might prejudice any investigation (including a criminal investigation), the person complained against (if any).

(8)

In this regulation, “complainant concerned” means—

(a)

in relation to a recommendation under regulation 73(13), the complainant whose complaint, having been investigated, resulted in the submission or completion of the report under regulation 72;

(b)

in relation to a recommendation under regulation 81(7)(d), the complainant who applied under regulation 81(2) for the review.