# The National Crime Agency (Complaints and Misconduct) Regulations 2013, Regulation 42: Investigations supervised by the IOPC DG

Extent: E+W

(1) This regulation applies where the IOPC DG has determined that the IOPC DG should supervise the investigation by the appropriate authority of any complaint or recordable conduct matter or DSI matter.
(2) On being given notice of that determination, the appropriate authority shall, if it has not already done so, appoint—
(a) an NCA officer; or
(b) a person serving with the police,
to investigate the complaint or matter.
(3) The IOPC DG may require that no appointment is made under paragraph (2) unless the IOPC DG has given notice to the appropriate authority that the IOPC DG approves the person whom that authority proposes to appoint.
(4) Where a person has already been appointed to investigate the complaint or matter, or is selected under this paragraph for appointment, and the IOPC DG is not satisfied with that person, the IOPC DG may require the appropriate authority, as soon as reasonably practicable after being required to do so—
(a) to select another person falling within paragraph (2) to investigate the complaint or matter; and
(b) to notify the IOPC DG of the person selected.
(5) Where a selection made in pursuance of a requirement under paragraph (4) has been notified to the IOPC DG, the appropriate authority shall appoint that person to investigate the complaint or matter if, but only if, the IOPC DG notifies the authority that the IOPC DG approves the appointment of that person.
(6) The person appointed under this regulation to investigate any complaint or matter—
(a) in the case of an investigation relating to any conduct of the Director General; or
(b) in relation to which the relevant officer is the Director General,
must not be an NCA officer.
(7) Subject to paragraphs (8) and (9), the person appointed to investigate the complaint or matter shall comply with any reasonable requirements as to the conduct of the investigation which may be imposed by the IOPC DG as appear to it to be necessary.
(8) Where at any stage of an investigation of a complaint, recordable conduct matter or DSI matter the possibility of criminal proceedings arises, the IOPC DG shall not, under paragraph (7), impose any requirement relating to the obtaining or preservation of evidence of a criminal offence without first obtaining the consent of the Director of Public Prosecutions.
(9) The IOPC DG shall not, under paragraph (7), impose any requirement relating to the resources to be made available by the Director General for the purposes of an investigation without first consulting the Director General and having regard to any representations the Director General may make.

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Source: https://www.legislation.gov.uk/uksi/2013/2325/regulation/42 (the official version)
Page: https://openlegislation.uk/national-crime-agency-complaints-and-misconduct-regulations-2013/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.