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The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017

S.I. 2017/521 · Made 3 April 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 8 January 2018.

Employment, England And Wales

Made 3rd April 2017

Laid before Parliament 6th April 2017

Coming into force 30th April 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 26D(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 Police Complaints Commission, such persons as appear to her 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 she thinks fit.

In accordance with section 63(3)(b) of the Police Act 1996f3, the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board of 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 26D was inserted by paragraph 12 of Schedule 3 to the Immigration Act 2016 (c. 19).

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 (c. 3).

f3

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 have been further amendments to section 63 that are not relevant for these purposes.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Transitional provision
  5. Part 2: COMPLAINTS AND MISCONDUCT
  6. 4Application: general
  7. 5Application of the 2002 Actetc.
  8. 6General functions of the Director General under these Regulations
  9. 6AGeneral Functions of the IOPC under these Regulations
  10. 6BEfficiency etc. in exercise of functions
  11. 7Reports to the Secretary of State
  12. 8Complaints and matters to which, and persons to whom, these Regulations apply
  13. 9General duties of the Chief Executive
  14. 10Payment for assistance with investigations
  15. 11Provision of information to the Director General
  16. 12Inspection of premises on behalf of the Director General
  17. 13Duty to keep the complainant informed
  18. 14Duty to provide information for other persons
  19. 15Manner in which duties to provide information are to be performed
  20. 16Exceptions to the duty to keep the complainant informed and to provide information for other persons
  21. Part 3: HANDLING OF COMPLAINTS
  22. 17Duties to preserve evidence relating to complaints
  23. 18Initial handling and recording of complaints
  24. 19Copies of complaints etc.
  25. 20Failure to record a complaint
  26. 21Reference of complaints to the Director General
  27. 22Duties of the Director General on references under regulation 21
  28. 23Handling of complaints by the Chief Executive
  29. 24Disapplication of the requirements of these Regulations
  30. 25Disapplication of the requirements of these Regulations: notifications, appeals etc.
  31. 26Local resolution of complaints
  32. 27Appeals relating to complaints dealt with other than by investigation
  33. Part 4: HANDLING OF CONDUCT MATTERS
  34. 28Conduct matters arising in civil proceedings
  35. 29Recording etc. of conduct matters in other cases
  36. 30Conduct matters not required to be recorded
  37. 31Duties to preserve evidence relating to conduct matters
  38. 32Reference of conduct matters to the Director General
  39. 33Duties of the Director General on references under regulation 32
  40. Part 5: HANDLING OF DSI MATTERS
  41. 34Duty to record DSI matters
  42. 35Duty to preserve evidence relating to DSI matters
  43. 36Reference of DSI matters to the Director General
  44. 37Duties of the Director General on references under regulation 36
  45. Part 6: INVESTIGATIONS AND SUBSEQUENT PROCEEDINGS
  46. 38Power of the Director General to determine the form of an investigation
  47. 39Appointment of persons to carry out investigations
  48. 40Withdrawn complaints
  49. 41Investigations by the Chief Executive on the Chief Executive’s own behalf
  50. 42Investigations supervised by the Director General
  51. 43Investigations managed by the Director General
  52. 44Investigations by the Director General ...
  53. 45Investigations by the Director General: power to serve an information notice
  54. 46Failure to comply with an information notice
  55. 47Appeals against information notices
  56. 48Sensitive information: restriction on further disclosure
  57. 49Combining and splitting investigations
  58. 50Relinquishing the Director General’s supervision or management of an investigation
  59. 51Circumstances in which an investigation or other procedure may be suspended
  60. 52Resumption of investigation after criminal proceedings
  61. 53Special procedure: assessment of seriousness of conduct under investigation
  62. 54Duty to consider submissions from the person whose conduct is being investigated
  63. 55Interview of the person whose conduct is being investigated
  64. 56Duty to provide certain information to the Chief Executive
  65. 57LAPO friend
  66. 58Interview of an officer of the Authority during certain investigations
  67. 59Restrictions on proceedings pending the conclusion of an investigation
  68. 60Accelerated procedure in special cases
  69. 61Special cases: investigations managed or carried out by the Director General: action by the Chief Executive
  70. 62Special cases: investigations managed or carried out by the Director General: action by the Director General
  71. 63Special cases: other investigations: action by the Chief Executive
  72. 64Special cases: recommendation or direction of the Director General
  73. 65Power to discontinue an investigation
  74. 66Discontinuance of an investigation: notifications, appeals etc.
  75. 67Procedure where a conduct matter is revealed during investigation of a DSI matter
  76. Part 7: REPORTS AND RECOMMENDATIONS
  77. 68Final reports on investigations: complaints and conduct matters
  78. 69Action by the Director General in response to an investigation report under regulation 68
  79. 70Action by the Chief Executive in response to an investigation report under regulation 68
  80. 71Final reports on investigations: DSI matters
  81. 72Action by the Director General in response to an investigation report under regulation 71
  82. 73Appeals with respect to an investigation
  83. 74Reviews and re-investigations following an appeal
  84. 75Duties with respect to disciplinary proceedings etc.
  85. 76Information for the complainant about disciplinary recommendation
  86. 77Recommendations by the Director General
  87. Part 8: GENERAL
  88. 78Complaints or conduct matters concerning a person who has subsequently ceased to be an officer of the Authority
  89. 79Complaints or conduct matters concerning a person whose identity is unknown
  90. 80Notification of actions and decisions
  91. 81Records to be kept by the Chief Executive
  92. 82Register to be kept by the Director General
  93. 83Delegation of powers and duties by the Chief Executive
  94. 84Manner and time limits of notifications
  95. 85Appeals
  96. Signature
  97. Explanatory note