Regulation 40 Withdrawn complaintsI1

that the complainant withdraws the complaint; or

that the complainant does not wish any further steps to be taken in consequence of the complaint,

the Director General must send a copy of the notification to the Chief Executive;

the Chief Executive must record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be; and

subject to the following provisions of this regulation, these Regulations cease to apply in respect of that complaint.

which was referred to the Director General under regulation 21 and which has not been referred back to the Chief Executive under regulation 22; or

which the Chief Executive knows is currently the subject of an appeal to the Director General under regulation 20(3), 25(6), 27(1), 66(9) or 73(2),

determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and

notify the Director General of the Chief Executive’s determination and the reasons for that determination.

if the complaint is to be treated as a recordable conduct matter, the provisions of these Regulations apply to that matter;

if the complaint is not to be treated as a recordable conduct matter, the provisions of these Regulations cease to apply in respect of that complaint.

a complaint has been subjected to an investigation by the Chief Executive on the Chief Executive’s own behalf;

the complaint is currently subject to an appeal to the Director General under regulation 73; and

the Chief Executive has notified the Director General under paragraph (5)(b) that the Chief Executive has determined that the complaint is not to be treated as a recordable conduct matter,

in the case of an indication received by the Chief Executive, the Chief Executive must take the steps set out in paragraph (10);

in the case of an indication received by the Director General, the Director General must refer the matter to the Chief Executive who must take the steps set out in paragraph (10).

the Chief Executive must write to the complainant to ascertain whether the complainant wishes to withdraw the complaint or does not wish any further steps to be taken in consequence of the complaint;

if the complainant indicates the wish to withdraw the complaint or indicates the wish for no further steps be taken in consequence of the complaint, or if the complainant fails to reply within a period of 28 days commencing on the day after the date of the written communication under sub-paragraph (a), the Chief Executive must treat the indication as though it had been received in writing signed by the complainant;

if the complainant indicates the wish not to withdraw the complaint, or the wish for further steps to be taken in consequence of the complaint, the Chief Executive must start or resume the investigation as the case may be.

the Chief Executive records the withdrawal of a complaint or the fact that the complainant does not wish any further steps to be taken;

the Chief Executive determines that a complaint is to be treated as a recordable conduct matter;

the Director General determines that a complaint is to be treated as a recordable conduct matter;

the Director General directs the Chief Executive to reverse a decision not to treat a complaint as a recordable conduct matter;

the provisions of these Regulations cease to apply in respect of a complaint.