# The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017, Regulation 32: Reference of conduct matters to the Director General

Extent: E+W

(1) The Chief Executive must refer a recordable conduct matter to the Director General (whether or not the case falls within regulation 28 (conduct matters arising in civil proceedings)) if—
(a) that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;
(b) that matter is of a description specified in paragraph (2); or
(c) the Director General notifies the Chief Executive that the Director General requires that matter to be referred to the Director General for the Director General’s consideration.
(2) Any matter which relates to conduct falling within the following descriptions is specified for the purposes of paragraph (1)(b)—
(a) a serious assault, as defined in guidance issued by the Director General;
(b) a serious sexual offence, as defined in guidance issued by the Director General;
(c) serious corruption, as defined in guidance issued by the Director General;
(d) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance issued by the Director General;
(e) a relevant offence; or
(f) conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraphs (a) to (e) is alleged.
(3) In a case where there is no obligation under paragraph (1) to make a reference, the Chief Executive may refer a recordable conduct matter to the Director General if the Chief Executive considers that it would be appropriate to do so by reason of—
(a) the gravity of the matter; or
(b) any exceptional circumstances.
(4) Where there is an obligation under paragraph (1) to refer a matter to the Director General, it must be referred in such manner as the Director General specifies and—
(a) if the matter falls within paragraph (1)(a) or (b), without delay and in any event not later than the end of the day following the day on which it first becomes clear to the Chief Executive that the conduct matter is one to which that paragraph applies;
(b) if the matter falls within paragraph (1)(c), without delay and in any event not later than the end of the day following the day on which the Director General notifies the Chief Executive that the conduct matter is to be referred.
(5) Subject to paragraph (7), the following powers—
(a) the power of the Director General by virtue of paragraph (1)(c) to require a matter to be referred to it; and
(b) the power of the Chief Executive to refer any matter to the Director General under paragraph 3,
are exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Director General.
(6) The Chief Executive must give a notification of the making of a reference under this regulation to the person to whose conduct the matter relates, unless the Chief Executive considers that to do so might prejudice a possible future investigation of the matter.
(7) A matter that has already been referred to the Director General under this regulation on a previous occasion—
(a) is not required to be referred again under paragraph (1), unless the Director General so directs; and
(b) may only be referred in exercise of the power at paragraph (3) if the Director General consents.

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Source: https://www.legislation.gov.uk/uksi/2017/521/regulation/32 (the official version)
Page: https://openlegislation.uk/gangmasters-and-labour-abuse-authority-complaints-and-misconduct-regulations-2017/regulation-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.