Regulation 28 Provision of copy of report on investigation etc. to person to whose conduct the investigation relatedI1

England and Wales

(1)

Except where paragraph (2) applies, where—

(a)

the Director General determines under paragraph 23(5A)(b) of Schedule 3 (duty to make determinations on receipt or completion of report on investigation) that neither disciplinary proceedings nor performance proceedings should be brought against a person to whose conduct the investigation related, or

(b)

the appropriate authority determines under paragraph 24(6) of Schedule 3 (duty to make determinations on receipt of report on investigation)^f1 that it will bring neither disciplinary proceedings nor performance proceedings against such a person,

the Director General or appropriate authority (as the case may be) must provide the person with a copy of the report on the investigation or such parts of it as relate to the person.

(2)

This paragraph applies for so long as the Director General or appropriate authority (as the case may be) believes that providing a copy of the report, or part of it, under paragraph (1) might prejudice any investigation or proceedings (including a criminal investigation or proceedings) or review under paragraph 25 of Schedule 3 (reviews with respect to an investigation)^f2.

(3)

A copy of the report, or part of it, provided under paragraph (1) may be in a form which keeps anonymous the identity of the complainant (if any) or any other person.

(4)

Where the Director General or appropriate authority would contravene section 21A of the 2002 Act (restriction on disclosure of sensitive information) by providing a copy of the report, or part of it, under paragraph (1), the Director General or appropriate authority must instead provide the copy having removed or obscured the information which by virtue of section 21A must not be disclosed.

Annotations

Commencement

I1: Reg. 28 in force at 1.2.2020, see reg. 1(1)

Footnotes

f1: Paragraph 24(6) was substituted by paragraphs 1, 3 and 14 of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 1 and 14 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraphs 9, 27 and 47 of Schedule 5 to the Policing and Crime Act 2017.
f2: Paragraph 25 was amended by paragraphs 1, 15 and 20 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraphs 1 and 8 of Schedule 4, paragraphs 29, 34 and 47 of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to the Policing and Crime Act 2017.