# The National Crime Agency (Complaints and Misconduct) Regulations 2013, Regulation 22: Reference of complaints to the IOPC DG

Extent: E+W

(1) It shall be the duty of the appropriate authority to refer a complaint to the IOPC DG if—
(a) the complaint is one alleging that the conduct complained of has resulted in death or serious injury;
(b) the complaint does not fall within sub-paragraph (a) but is one alleging conduct which constitutes—
(i) a serious assault, as defined in guidance issued by the IOPC DG;
(ii) a serious sexual offence, as defined in guidance issued by the IOPC DG;
(iii) serious corruption, as defined in guidance issued by the IOPC DG;
(iv) 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 by the IOPC DG;
(v) a relevant offence;
(c) the complaint arises from the same incident as one in which any conduct falling within sub-paragraph (a) or (b) is alleged; or
(d) the complaint is one in respect of which the IOPC DG notifies the appropriate authority that the IOPC DG requires the complaint in question to be referred to the IOPC DG for the IOPC DG’s consideration.
(2) In a case where there is no obligation under paragraph (1) to make a reference, the appropriate authority may refer a complaint to the IOPC DG if that authority considers that it would be appropriate to do so by reason of—
(a) the gravity of the subject-matter of the complaint; or
(b) any exceptional circumstances.
(3) In a case in which a reference under paragraph (1) or (2) is neither made nor required to be made, the Permanent Secretary to the Home Office may refer a complaint to the IOPC DG if—
(a) it is one in relation to which the Director General is the appropriate authority; and
(b) the Permanent Secretary considers that it would be appropriate to do so by reason of—
(i) the gravity of the subject-matter of the complaint; or
(ii) any exceptional circumstances.
(4) Where a complaint is required to be referred to the IOPC DG under paragraph (1)(a), (b) or (c), notification of the complaint shall be given to the IOPC DG—
(a) 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 complaint is one to which that sub-paragraph applies; and
(b) in such manner as the IOPC DG specifies.
(5) Where a complaint is required to be referred to the IOPC DG under paragraph (1)(d), notification of the complaint shall be given to the IOPC DG—
(a) without delay and in any event not later than the end of the day following the day on which the IOPC DG notifies the appropriate authority that the complaint is to be referred; and
(b) in such manner as the IOPC DG specifies.
(6) Subject to paragraph (8), the following powers—
(a) the power of the IOPC DG by virtue of paragraph (1)(d) to require a complaint to be referred to the IOPC DG; and
(b) the power of the Permanent Secretary to the Home Office or the Director General to refer a complaint to the IOPC DG under paragraph (2) or (3),
shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the IOPC DG.
(7) The Permanent Secretary to the Home Office or the Director General who refers a complaint to the IOPC DG under this regulation shall give a notification of the making of the reference—
(a) to the complainant; and
(b) except in a case where it appears to the Permanent Secretary to the Home Office or the Director General that to do so might prejudice a possible future investigation of the complaint, to the person complained against.
(8) A complaint that has already been referred to the IOPC DG under this regulation on a previous occasion—
(a) shall not be required to be referred again under this regulation unless the IOPC DG so directs; and
(b) shall not be referred in exercise of any power conferred by this regulation unless the IOPC DG consents.

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Source: https://www.legislation.gov.uk/uksi/2013/2325/regulation/22 (the official version)
Page: https://openlegislation.uk/national-crime-agency-complaints-and-misconduct-regulations-2013/regulation-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.