Regulation 62 Investigations managed or carried out by Director General: action by appropriate authorityF1I1
England and Wales
This regulation applies where—
a statement and special report on an investigation carried out under the management of the Director General; or
a statement and special report on an investigation carried out by a person designated by the Director General,
are submitted to the appropriate authority under regulation 61(3).
The appropriate authority shall determine whether the special conditions are satisfied.
If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—
certify the case as a special case for the purposes of procedures for the taking of disciplinary proceedings in respect of the conduct of the contractor; and
take such steps as are required by those procedures in relation to a case so certified.
The appropriate authority shall notify the Director General of a certification under paragraph (3).
If the appropriate authority determines—
that the special conditions are not satisfied; or
that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,
it shall submit to the Director General a memorandum under this paragraph.
The memorandum required to be submitted under paragraph (5) is one which—
notifies the Director General of its 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
(in either case) sets out its reasons for so determining.
In this regulation “special conditions” has the meaning given by regulation 61(7).
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)