Regulation 67 Action by the IOPC DG in response to an investigation report under regulation 66F1I1

a report on an investigation carried out under the management of the IOPC DG is submitted to F2the IOPC DG under paragraph (3) of regulation 66 (final reports on investigations: complaints, conduct matters and certain DSI matters); or

a report on an investigation carried out by a person designated by the IOPC DG is submitted to it F3or is otherwise completed under paragraph (5) of that regulation.

if it appears that the appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;

shall determine whether the conditions set out in paragraphs (3) and (4) are satisfied in respect of the report;

if the IOPC DG determines that those conditions are so satisfied, shall notify the Director of Public Prosecutions of the determination and send that person a copy of the report; and

shall notify the appropriate authority and the persons mentioned in paragraph (7) of F5the IOPC DG’s determination under paragraph (b) and of any action taken by the IOPC DG under paragraph (c).

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

whether or not any such person’s performance is unsatisfactory;

what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report; and

what other action (if any) the authority will in its discretion take in respect of those matters.

sets out the determinations the authority has made; and

if the appropriate authority has decided in relation to any person whose conduct is the subject-matter of the report that disciplinary proceedings or unsatisfactory performance proceedings should not be brought against that person, sets out its reasons for so deciding.

consider the memorandum and whether the appropriate authority has made the determinations under paragraph (9)(a) that the IOPC DG considers appropriate in respect of the matters dealt with in the report;

determine, in the light of the IOPC DG’s consideration of those matters, whether or not to make recommendations under regulation 73 (duties with respect to disciplinary proceedings); and

make such recommendations (if any) under that regulation as the IOPC DG thinks fit.

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 13 (duty to keep the complainant informed); and

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under regulation 14 (duty to provide information for other persons).

the findings of the report;

the F6IOPC DG’s determination under paragraph (10)(b); and

the action which the appropriate authority is to be recommended to take as a consequence of the determination.