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Regulation 70 Action by the IOPC DG in response to an investigation report under regulation 69F1I1

England and Wales

(1)

If the IOPC DG determines under regulation 69(4) that the report indicates that the Director General or an NCA officer may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall notify the appropriate authority in relation to the person whose conduct is in question of F2the IOPC DG’s determination and, if it appears that the authority has not already been sent a copy of the report, send a copy of the report to that authority.

(2)

Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the IOPC DG under paragraph (1), it shall record the matter under regulation 29 (recording etc. of conduct matters in other cases) as a conduct matter.

(3)

Where a DSI matter is recorded under regulation 29 as a conduct matter by virtue of paragraph (2)—

(a)

the person investigating the DSI matter shall (subject to any determination made by the IOPC DG under regulation 38(5)) investigate the conduct matter as if appointed or designated to do so; and

(b)

the other provisions of these Regulations shall apply in relation to that matter accordingly.

(4)

If the IOPC DG determines under regulation 69(4) that there is no indication in the report that the Director General or an NCA officer may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall make such recommendations or give such advice under regulation 6(1)(e) (general functions of the IOPC DG) as F3the IOPC DG considers necessary or desirable.

(5)

Paragraph (4) does not affect any power of the IOPC DG to make recommendations or give advice under regulation 6(1)(e) in other cases (whether arising under these Regulations or otherwise).

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)

F2

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)(d) (with regs. 30(3), 37)

F3

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)(c) (with regs. 30(3), 37)

Commencement

I1

Reg. 70 in force at 7.10.2013, see reg. 1(1)