# The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017, Regulation 42: Investigations supervised by the Director General

Extent: E+W

(1) This regulation applies where the Director General has determined that the Director General should supervise the investigation by the Chief Executive of any complaint, recordable conduct matter or DSI matter.
(2) On being given notice of that determination, the Chief Executive must, if the Chief Executive has not already done so—
(a) appoint an officer of the Authority to investigate the complaint or matter; or
(b) if the Chief Executive is of the opinion that having regard to regulation 39 (appointment of persons to carry out investigations) it is not possible to appoint an officer of the Authority to investigate the complaint or matter, make arrangements with a chief officer of police or the Director General of the National Crime Agency to have a person serving with the police or a National Crime Agency officer appointed to investigate the complaint or matter.
(3) The Director General may require that no appointment is made under paragraph (2) unless the Director General has given notice to the Chief Executive that the Director General approves the person whom the Chief Executive proposes to appoint.
(4) Where a person has already been appointed to investigate the complaint or matter, or is selected under this paragraph for appointment, and the Director General is not satisfied with that person, the Director General may require the Chief Executive, as soon as reasonably practicable after being required to do so—
(a) to select another person falling within paragraph (2) to investigate the complaint or matter; and
(b) to notify the Director General of the person selected.
(5) Where a selection made in pursuance of a requirement under paragraph (4) has been notified to the Director General, the Chief Executive must appoint that person to investigate the complaint or matter if, but only if, the Director General notifies the Chief Executive that it approves the appointment of that person.
(6) Subject to paragraphs (7) and (8), the person appointed to investigate the complaint or matter must comply with any reasonable requirements as to the conduct of the investigation which may be imposed by the Director General as appear to the Director General to be necessary.
(7) Where at any stage of an investigation of a complaint, recordable conduct matter or DSI matter the possibility of criminal proceedings arises, the Director General must not, under paragraph (6), impose any requirement relating to the obtaining or preservation of evidence of a criminal offence without first obtaining the consent of the Director of Public Prosecutions.
(8) The Director General must not, under paragraph (6), impose any requirement relating to the resources to be made available by the Chief Executive for the purposes of an investigation without first consulting the Chief Executive and having regard to any representations the Chief Executive may make.

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Source: https://www.legislation.gov.uk/uksi/2017/521/regulation/42 (the official version)
Page: https://openlegislation.uk/gangmasters-and-labour-abuse-authority-complaints-and-misconduct-regulations-2017/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.