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Regulation 57 Investigations managed or carried out by IOPC DG: action by appropriate authorityF1I1

England and Wales

(1)

This regulation applies where—

(a)

a statement and special report on an investigation carried out under the management of the IOPC DG; or

(b)

a statement and special report on an investigation carried out by a person designated by the IOPC DG,

are submitted to the appropriate authority under regulation 56(3).

(2)

The appropriate authority shall determine whether the special conditions are satisfied.

(3)

If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a)

certify the case as a special case for the purposes of procedures for the taking of disciplinary proceedings in respect of the conduct of the Director General or an NCA officer; and

(b)

take such steps as are required by those procedures in relation to a case so certified.

(4)

The appropriate authority shall notify the IOPC DG of a certification under paragraph (3).

(5)

If the appropriate authority determines—

(a)

that the special conditions are not satisfied; or

(b)

that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it shall submit to the IOPC DG a memorandum under this paragraph.

(6)

The memorandum required to be submitted under paragraph (5) is one which—

(a)

notifies the IOPC DG of its determination that those conditions are not satisfied or (as the case may be) that they are so satisfied but the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings; and

(b)

(in either case) sets out its reasons for so determining.

(7)

In this regulation “special conditions” has the meaning given by regulation 56(7).

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. 57 in force at 7.10.2013, see reg. 1(1)