Regulation 7 Investigating officers

(1)

Where a report, complaint or allegation is received which indicates that the conduct of a senior officer did not meet the appropriate standard, the following provisions of this regulation shall have effect for the purpose of investigating the matter.

(2)

The provisions of paragraphs (3) and (4) shall have effect–

(a)

in relation to cases arising otherwise than from a complaint to which Chapter I of Part IV of the 1996 Act applies; and

(b)

in cases arising from such a complaint when the requirements of that chapter are dispensed with by or under regulations made under section 81 of the 1996 Act.

(3)

Unless the appropriate authority decide, in the light of such preliminary enquiries as they may make, that no proceedings under regulation 11 need be taken, the matter shall be referred to an investigating officer who shall cause it to be investigated.

(4)

The investigating officer shall be–

(a)

a member of the police force concerned; or

(b)

if the chief officer of some other force is requested and agrees to provide an investigating officer, a member of that other force,

and of at least the rank of the senior officer concerned.

(5)

Neither–

(a)

the chief officer concerned; nor

(b)

any member of the police force concerned serving in the same division as the senior officer concerned,

shall be appointed as the investigating officer for the purposes of paragraph (3) or section 68(3) of the 1996 Act.

(6)

The provisions of this regulation are without prejudice to the powers of the Authority with regard to the approval of the investigating officer under section 72(3)(a) or (b) of the 1996 Act in a case where the Authority are required, or have determined, to supervise the investigation of a complaint or other matter under that section.