OpenLegislation

Regulation 61 Special cases: investigations managed or carried out by the Director General: action by the Chief ExecutiveF1I1

England and Wales

(1)

This regulation applies where—

(a)

a statement and special report on an investigation carried out under the management of the Director General; or

(b)

a statement and special report on an investigation carried out by a person designated by the Director General,

are submitted to the Chief Executive under regulation 60(3).

(2)

The Chief Executive must determine whether the special conditions are satisfied.

(3)

If the Chief Executive determines that the special conditions are satisfied, the Chief Executive must—

(a)

certify the case as a special case for the purposes of procedures for the taking of disciplinary proceedings; and

(b)

take such steps as are required by those procedures in relation to a case so certified,

unless the Chief Executive considers that the circumstances are such as to make it inappropriate to do so.

(4)

The Chief Executive must notify the Director General of a certification under paragraph (3).

(5)

If the Chief Executive determines—

(a)

that the special conditions are not satisfied; or

(b)

that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

the Chief Executive must submit to the Director General a memorandum under this paragraph.

(6)

The memorandum required to be submitted under paragraph (5) is one which—

(a)

notifies the Director General of the Chief Executive’s determination that those conditions are not satisfied or, as the case may be, that they are so satisfied but the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings; and

(b)

(in either case) sets out the Chief Executive’s reasons for so determining.

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)

Commencement

I1

Reg. 61 in force at 30.4.2017, see reg. 1