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Regulation 72 Action by the Director General in response to an investigation report under regulation 71F1I1

England and Wales

(1)

If the Director General determines under regulation 71(4) that the report indicates that a LAPO may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

F2the Director General must notify the Chief Executive and, if it appears that the Chief Executive has not already been sent a copy of the report, send a copy of the report to the Chief Executive.

(2)

Where the Chief Executive is notified of a determination by the Director General under paragraph (1), the Chief Executive must record the matter under regulation 29 as a conduct matter.

(3)

Where a DSI matter is recorded under regulation 29 as a conduct matter by virtue of paragraph (2)—

(a)

the person investigating the DSI matter must (subject to any determination made by the Director General under regulation 38(5)) investigate the conduct matter as if appointed or designated to do so; and

(b)

the other provisions of these Regulations apply in relation to that matter accordingly.

(4)

This paragraph applies where the Director General determines under regulation 71(4) that there is no indication in the report that a LAPO may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

(5)

Where paragraph (4) applies, the Director General may notify the Chief Executive that the Chief Executive must determine—

(a)

whether or not the performance of a LAPO is unsatisfactory; or

(b)

what action (if any) the Chief Executive will take in respect of any such LAPO’s performance.

(6)

On receipt of a notification under paragraph (5) the Chief Executive must make those determinations and submit a memorandum to the Director General setting out the determinations the Chief Executive has made.

(7)

On receipt of a memorandum under paragraph (6), the Director General must—

(a)

consider the memorandum and whether the Chief Executive has made the determinations under paragraph (6) that the Director General considers appropriate;

(b)

determine whether or not to make recommendations under regulation 75 (duties with respect to disciplinary proceedings etc.);

(c)

make such recommendations (if any) under that regulation as the Director General thinks fit.

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. 72 in force at 30.4.2017, see reg. 1