OpenLegislation

Regulation 31 Duties to preserve evidence relating to conduct mattersI1

England and Wales

(1)

Where a recordable conduct matter that relates to the conduct of the Director General comes to the attention of the Permanent Secretary of the Home Office, it shall be the duty of the Permanent Secretary to secure that all such steps as are appropriate for the purposes of these Regulations are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

(2)

Where the Director General becomes aware of any recordable conduct matter relating to the conduct of an NCA officer, it shall be the Director General’s duty to take all such steps as appear to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to that matter.

(3)

The Director General’s duty under paragraph (2) must be performed as soon as practicable after the Director General becomes aware of the matter in question.

(4)

After that, the Director General shall be under a duty, until it is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to the Director General to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the matter.

(5)

It shall be the duty of the Permanent Secretary to the Home Office to comply with all such directions as may be given by the F1IOPC DG in relation to the performance of any duty imposed by virtue of paragraph (1).

(6)

It shall be the duty of the Director General to take all such specific steps for obtaining or preserving evidence relating to any recordable conduct matter as the Director General may be directed to take for the purposes of this regulation by the Permanent Secretary to the Home Office or by the IOPC DG.

Annotations

Textual amendments

F1

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)

Commencement

I1

Reg. 31 in force at 7.10.2013, see reg. 1(1)