# The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015, Regulation 67: Special cases: recommendation or direction of Director General

Extent: E+W

(1) Where the appropriate authority has submitted, or is required to submit, a memorandum to the Director General under regulation 62(5), the Director General may make a recommendation to the appropriate authority that it should certify the case under regulation 62(3).
(2) If the Director General determines to make a recommendation under this regulation, the Director General shall give a notification—
(a) 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
(b) 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.
(3) The notification required by paragraph (2) is one setting out—
(a) the findings of the special report; and
(b) the Director General’s recommendation under this regulation.
(4) Regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons) shall have effect in relation to the duties imposed on the Director General by paragraph (2) as they have effect in relation to the duties imposed on the Director General by that regulation.
(5) The Director General shall be 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, except so far as regulation 16 provides otherwise.
(6) It shall be the duty of the appropriate authority to notify the Director General whether it accepts the recommendation and (if it does) to certify the case and proceed accordingly.
(7) If, after the Director General has made a recommendation under this regulation, the appropriate authority does not certify the case under regulation 62(3)—
(a) the Director General may direct the appropriate authority so to certify it; and
(b) it shall be the duty of the appropriate authority to comply with any such direction and proceed accordingly.
(8) Where the Director General gives the appropriate authority a direction under this regulation, the Director General shall supply the appropriate authority with a statement of the Director General’s reasons for doing so.
(9) The Director General may at any time withdraw a direction given under this regulation.
(10) The appropriate authority shall keep the Director General informed of whatever action it takes in response to a recommendation or direction.

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Source: https://www.legislation.gov.uk/uksi/2015/431/regulation/67 (the official version)
Page: https://openlegislation.uk/independent-police-complaints-commission-complaints-and-misconduct-contractors-regulations-2015/regulation-67
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

