# The National Crime Agency (Complaints and Misconduct) Regulations 2013, Regulation 25: Disapplication of requirements of these Regulations

Extent: E+W

(1) If, in a case in which regulation 24 applies, the appropriate authority considers—
(a) that it should handle the complaint otherwise than in accordance with these Regulations or should take no action in relation to it; and
(b) that the complaint falls within a description of complaints specified in paragraph (7),
the appropriate authority may handle the complaint in whatever manner (if any) that authority thinks fit.
(2) But, in a case where regulation 24 applies by virtue of regulation 24(2)(a) or (b), the appropriate authority may not handle the complaint in whatever manner (if any) the authority thinks fit unless—
(a) the authority applies to the IOPC DG, in accordance with these Regulations, for permission to so handle the complaint; and
(b) the IOPC DG gives permission.
(3) An application under paragraph (2) for permission to handle a complaint in whatever manner (if any) an appropriate authority thinks fit shall be in writing and shall be accompanied by—
(a) a copy of the complaint;
(b) an explanation of the appropriate authority’s reasons for making the application; and
(c) copies of any other documents or material in the possession of the appropriate authority which are relevant to the complaint.
(4) The appropriate authority shall supply any further information requested by the IOPC DG for the purpose of considering an application by that authority made under paragraph (1).
(5) Where such an application is made to the IOPC DG, the IOPC DG shall—
(a) consider the application and determine whether to grant the permission applied for; and
(b) notify the IOPC DG’s decision to the appropriate authority and the complainant.
(6) Where an application is made under this paragraph in respect of any complaint, the appropriate authority shall not, while the application is being considered by the IOPC DG, take any action in accordance with the provisions of these Regulations (other than under regulation 17) in relation to that complaint.
(7) For the purposes of paragraph (1)(b), the description of complaints are any one in relation to which the appropriate authority considers that—
(a) more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay;
(b) the matter is already the subject of a complaint made by or on behalf of the same complainant;
(c) the complaint discloses neither the name and address of the complainant nor that of any other interested person and it is not reasonably practicable to ascertain such a name or address;
(d) the complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints;
(e) the complaint is repetitious, as defined in regulation 20(3); or
(f) it is not reasonably practicable to complete the investigation of the complaint or any other procedures under these Regulations.
(8) For the purposes of paragraph (7)(f) it is not reasonably practicable to complete the investigation of a complaint or any other procedures under these Regulations if, and only if—
(a) it is not reasonably practicable to communicate with the complainant or a person acting on his behalf; or
(b) it is not reasonably practicable to complete a satisfactory investigation in consequence of—
(i) a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation; or
(ii) the lapse of time since the event or events forming the subject-matter of the complaint.
(9) In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
(10) Before deciding to handle a complaint in whatever manner (if any) it thinks fit in accordance with paragraph (1), the appropriate authority shall—
(a) write to the complainant at the complainant’s last known address—
(i) inviting the complainant to make representations in relation to the matter; and
(ii) allowing the complainant a period of 28 days, commencing on the day after the date of the letter, to do so; and
(b) have regard to any representations made by the complainant.
(11) The appropriate authority shall notify the complainant—
(a) that the appropriate authority has decided to handle the complaint as permitted by paragraph (1) (in a case where the appropriate authority is not required to apply for permission under paragraph (2) to so handle the complaint); or
(b) about the making of the application under paragraph (2) (in a case where the appropriate authority makes such an application).
(12) Where the complaint is to be handled in whatever manner (if any) the appropriate authority thinks fit (whether or not the IOPC DG’s permission is needed), the authority—
(a) shall not be required by virtue of any of the provisions of these Regulations (other than regulation 17) to take any action in relation to the complaint; and
(b) may handle the complaint in whatever manner it thinks fit, or take no action in relation to the complaint, and for the purposes of handling the complaint may take any step that it could have taken, or would have been required to take, if it were not proceeding in accordance with this regulation.
(13) Where the appropriate authority applies to the IOPC DG under paragraph (2) and the IOPC DG determines that no permission should be granted—
(a) the IOPC DG shall refer the matter back to the appropriate authority for the making of a determination under regulation 24(3); and
(b) the authority shall then make that determination.
(14) No more than one application may be made to the IOPC DG under this regulation in respect of the same complaint.
(15) The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under this regulation to handle the complaint otherwise than in accordance with these Regulations or to take no action in relation to it.
(16) But the complainant has no right of appeal in a case in which the appeal relates to a decision for which the IOPC DG has given permission under this regulation.
(17) On an appeal under this paragraph, subject to paragraphs (18) and (19), the relevant appeal body shall—
(a) determine whether any decision taken by the appropriate authority under this regulation should have been taken in the case in question; and
(b) if the relevant appeal body finds in the complainant’s favour, give such directions as the relevant appeal body thinks appropriate to the Permanent Secretary to the Home Office or the Director General as to the action to be taken for handling the complaint in accordance with these Regulations or handling it otherwise than in accordance with these Regulations;
and it shall be the duty of the Permanent Secretary to the Home Office or the Director General to comply with any directions given under sub-paragraph (b).
(18) Paragraph (17) does not apply in a case where the Director General is—
(a) the person in respect of whose decision the appeal is made under this regulation, and
(b) the relevant appeal body in relation to the appeal.
(19) In such a case—
(a) the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and
(b) if the appeal finds in the complainant’s favour, the Director General must take such action as the Director General thinks appropriate for handling the complaint in accordance with these Regulations or handling it otherwise than in accordance with these Regulations.

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Source: https://www.legislation.gov.uk/uksi/2013/2325/regulation/25 (the official version)
Page: https://openlegislation.uk/national-crime-agency-complaints-and-misconduct-regulations-2013/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.