OpenLegislation

Regulation 42 Investigations by the appropriate authority on its own behalfI1

England and Wales

(1)

This regulation applies if the appropriate authority is required by virtue of—

(a)

any determination made by that authority under regulation 24(3) (whether following the recording of a complaint or on a reference back under regulation 23(2)) or under regulation 27(10); or

(b)

any determination made by the F1Director General under regulation 39 (power of the Director General to determine the form of an investigation),

to make arrangements for a complaint, recordable conduct matter or DSI matter to be investigated by the appropriate authority on its own behalf.

(2)

This regulation also applies if—

(a)

a determination falls to be made by that authority under regulation 29(7), 30(10) or 34(2) in relation to any recordable conduct matter or under regulation 38(2) in relation to any DSI matter; and

(b)

the appropriate authority determines that it is necessary for the matter to be investigated by the authority on its own behalf.

(3)

Subject to regulation 40, it shall be the duty of the appropriate authority to appoint—

(a)

a member of a police force;

(b)

a civilian employee of a police force; or

(c)

a contractor.

to investigate the complaint or matter.

Annotations

Textual amendments

F1

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)

Commencement

I1

Reg. 42 in force at 8.4.2015, see reg. 1