Regulation 64 Special cases: recommendation or direction of the Director GeneralF1I1
England and Wales
Where the Chief Executive has submitted, or is required to submit, a memorandum to the Director General under regulation 61(5), the Director General may make a recommendation to the Chief Executive that the Chief Executive should certify the case under regulation 61(3).
If the Director General determines to make a recommendation under this regulation, F2the Director General must give a notification—
in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 14; and
in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that regulation.
The notification required by paragraph (2) is one setting out—
the findings of the special report; and
the F3Director General’s recommendation under this regulation.
Regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons) has effect in relation to the duties imposed on the Director General by paragraph (2) as it has effect in relation to the duties imposed on the Director General by regulations 13 and 14.
Except so far as may be otherwise prohibited by regulation 16, the Director General is entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in paragraph (2) notification of the findings of the special report by sending that person a copy of the report.
The Chief Executive must—
notify the Director General whether the Chief Executive accepts the recommendation; and
if the Chief Executive does, certify the case and proceed accordingly.
If, after the Director General has made a recommendation under this regulation, the Chief Executive does not certify the case under regulation 61(3)—
the Director General may direct the Chief Executive so to certify it; and
the Chief Executive must comply with any such direction and proceed accordingly.
Where the Director General gives the Chief Executive a direction under this regulation, the Director General must supply the Chief Executive with a statement of F4the Director General’s reasons for doing so.
The Director General may at any time withdraw a direction given under this regulation.
The Chief Executive must keep the Director General informed of whatever action the Chief Executive takes in response to a recommendation or direction.
Where—
the Director General makes a recommendation under this regulation in the case of an investigation of a complaint; and
the Chief Executive notifies the Director General that the recommendation has been accepted,
the Director General must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14 of that fact and of the steps that have been, or are to be, taken by the Chief Executive to give effect to it.
Where in the case of an investigation of a complaint the Chief Executive—
notifies the Director General that the Chief Executive does not accept the recommendation made by the Director General under this regulation; or
fails to certify the case under regulation 61(3) and to proceed accordingly,
the Director General must determine what (if any) further steps to take under this regulation.
The Director General must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14—
of any determination under paragraph (12) not to take further steps under this regulation; and
where the Director General determines under that paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.
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)
- F3
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)(b) (with regs. 36(4), 37)
- F4
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)(d) (with regs. 36(4), 37)
Commencement
- I1
Reg. 64 in force at 30.4.2017, see reg. 1