OpenLegislation

Regulation 20 Relinquishing the Commission’s supervision or management of an investigation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation applies where the Commission—

(a)

relinquishes the management of an investigation in favour of a supervised investigation or an investigation by the appropriate authority on its own behalf, or

(b)

relinquishes the supervision of an investigation in favour of an investigation by the appropriate authority on its own behalf.

(2)

Where this regulation applies, the Commission—

(a)

shall notify the appropriate authority, the complainant and the person complained against of its decision, and the reasons for that decision; and

(b)

shall send to the appropriate authority any documentation and evidence gathered during its investigations as will assist the appropriate authority to carry out its functions under Part 2 of the 2002 Act.

(3)

But nothing in paragraph (2)(a) shall require the Commission to make a notification to the person complained against if it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.