{ "url": "https://openlegislation.uk/independent-police-complaints-commission-complaints-and-misconduct-contractors-regulations-2015/regulation-33", "json_url": "https://openlegislation.uk/independent-police-complaints-commission-complaints-and-misconduct-contractors-regulations-2015/regulation-33.json", "legislation": "uksi/2015/431", "legislation_title": "The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015", "legislation_url": "https://openlegislation.uk/independent-police-complaints-commission-complaints-and-misconduct-contractors-regulations-2015", "path": "regulation/33", "kind": "regulation", "number": "33", "heading": "Reference of conduct matters to the Director General", "text": "(1) It shall be the duty of the appropriate authority to refer a recordable conduct matter to the Director General if, in a case (whether or not falling within regulation 29 (conduct matters arising in civil proceedings))—\n(a) that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;\n(b) that matter is of a description specified in paragraph (2); or\n(c) the Director General notifies the appropriate authority that the Director General requires that matter to be referred to the Director General for the Director General’s consideration.\n(2) Any matter which relates to conduct falling within the following descriptions is specified for the purposes of paragraph (1)(b)—\n(a) a serious assault, as defined in guidance issued by the Director General;\n(b) a serious sexual offence, as defined in guidance issued by the Director General;\n(c) serious corruption, as defined in guidance issued by the Director General;\n(d) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance issued by the Director General;\n(e) a relevant offence;\n(f) conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved; or\n(g) conduct which is alleged to have taken place in the same incident as one in which conduct within sub-paragraphs (a) to (e) is alleged.\n(3) In any case where there is no obligation under paragraph (1) to make a reference, the appropriate authority may refer a recordable conduct matter to the Director General if that authority considers that it would be appropriate to do so by reason of—\n(a) the gravity of the matter; or\n(b) any exceptional circumstances.\n(4) Where there is an obligation under this regulation to refer any matter to the Director General, it must be referred in such manner as the Director General specifies and—\n(a) if the matter falls within paragraph (1)(a) or (b), without delay and in any event not later than the end of the day following the day on which it first becomes clear to the appropriate authority that the conduct matter is one to which that sub-paragraph applies; and\n(b) if the matter falls within paragraph (1)(c), without delay and in any event not later than the end of the day following the day on which the Director General notifies the appropriate authority that the conduct matter is to be referred.\n(5) Subject to paragraph (7), the following powers—\n(a) the power of the Director General by virtue of paragraph (1)(c) to require a matter to be referred to the Director General; and\n(b) the power of the appropriate authority to refer any matter to the Director General under paragraph (3),\nshall each be exercisable at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Director General.\n(6) Where—\n(a) the appropriate authority refers a matter to the Director General under this regulation; and\n(b) the appropriate authority does not consider that to do so might prejudice a possible future investigation of that matter,\nit shall give a notification of the making of the reference to the person to whose conduct that matter relates.\n(7) A matter that has already been referred to the Director General under this regulation on a previous occasion—\n(a) shall not be required to be referred again under this regulation unless the Director General so directs; and\n(b) shall not be referred in exercise of any power conferred by this regulation unless the Director General consents.", "extent": "E+W", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Words in Regulations substituted (except in reg. 1) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(2)(a) (with regs. 33(3), 37)" }, { "type": "F", "label": "F2", "text": "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, 33(2)(c) (with reg. 37)" }, { "type": "F", "label": "F3", "text": "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, 33(2)(d) (with regs. 33(3), 37)" }, { "type": "F", "label": "F4", "text": "Words in reg. 33(2)(d) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 33(13) (with reg. 37)" }, { "type": "I", "label": "I1", "text": "Reg. 33 in force at 8.4.2015, see reg. 1" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/2015/431/regulation/33", "retrieved_at": "2026-10-28T23:45:41.057114+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }