OpenLegislation

Regulation 38 Power of the Director General to determine the form of an investigationF1I1

England and Wales

(1)

This regulation applies where—

(a)

a complaint, recordable conduct matter or DSI matter is referred to the Director General; and

(b)

the Director General determines that it is necessary for the complaint or matter to be investigated.

(2)

The Director General must determine the form which the investigation should take.

(3)

In making a determination under paragraph (2) the Director General must have regard to the following factors—

(a)

the seriousness of the case; and

(b)

the public interest.

(4)

The only forms which the investigation may take in accordance with a determination made under this regulation are an investigation by—

(a)

the Chief Executive on the Chief Executive’s own behalf;

(b)

the Chief Executive under the supervision of the Director General;

(c)

the Chief Executive under the management of the Director General;

(d)

the Director General.

(5)

The Director General may at any time make a further determination under this regulation to replace an earlier one.

(6)

Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the Chief Executive has already begun an investigation on the Chief Executive’s own behalf, the Director General may give—

(a)

the Chief Executive; and

(b)

any person previously appointed to carry out the investigation,

such directions as F2the Director General considers appropriate for the purpose of giving effect to the new determination.

(7)

A person to whom a direction is given under paragraph (6) must comply with it.

(8)

The Director General must notify the Chief Executive of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter.

Annotations

Textual amendments

F1

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(a) (with regs. 36(4), 37)

F2

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 36(2)(c) (with reg. 37)

Commencement

I1

Reg. 38 in force at 30.4.2017, see reg. 1