Regulation 76 Action by the Director General in response to an investigation report under regulation 75F1I1
England and Wales
If the Director General determines under regulation 75(4) that the report indicates that the contractor may have—
committed a criminal offence; or
behaved in a manner which would justify the bringing of disciplinary proceedings,
F2the Director General shall notify the appropriate authority in relation to the person whose conduct is in question of F3the Director General’s determination and, if it appears that the authority has not already been sent a copy of the report, send a copy of the report to that authority.
Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Director General under paragraph (1), it shall record the matter under regulation 30 (recording etc. of conduct matters in other cases) as a conduct matter.
Where a DSI matter is recorded under regulation 30 as a conduct matter by virtue of paragraph (2)—
the person investigating the DSI matter shall (subject to any determination made by the Director General under regulation 39(5)) investigate the conduct matter as if appointed or designated to do so; and
the other provisions of these Regulations shall apply in relation to that matter accordingly.
This paragraph applies where the Director General determines under regulation 75(4) that there is no indication in the report that the contractor may have—
committed a criminal offence; or
behaved in a manner which would justify the bringing of disciplinary proceedings.
The Director General may notify the appropriate authority that it must determine—
whether or not the performance of a contractor is unsatisfactory, and
what action (if any) the authority will take in respect of any such person’s performance.
On receipt of a notification under paragraph (5) the appropriate authority shall make those determinations and submit a memorandum to the Director General setting out the determinations the authority has made.
On receipt of a memorandum under sub-paragraph (6), the Director General shall—
consider the memorandum and whether the appropriate authority has made the determinations under paragraph (6) that the Director General considers appropriate;
determine whether or not to make recommendations under regulation 79;
make such recommendations (if any) under that regulation as the Director General thinks fit.
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)
- 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, 33(2)(c) (with reg. 37)
- F3
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)