Regulation 9 Personal explanation following investigation

(1)

Where, following or, where paragraph (2) applies, during the investigation of a report, complaint or allegation, it appears that the conduct of a senior officer may not have met the appropriate standard, the appropriate authority shall consider whether proceedings under regulation 11 need be taken.

(2)

This paragraph applies where, before the end of the investigation, it appears to the investigating officer that the case is one in respect of which the conditions specified in Part I of the Schedule to these Regulations are likely to be satisfied and informs the appropriate authority accordingly.

(3)

Unless the appropriate authority decide that no such proceedings need be taken, the appropriate authority shall inform the senior officer in writing of the report, allegation or complaint and give him a written notice–

(a)

asking him whether or not he accepts that his conduct did not meet the appropriate standard;

(b)

informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the authority; and

(c)

informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations.

(4)

If the appropriate authority decide that no proceedings under regulation 11 need be taken, they shall so inform the senior officer in writing forthwith.

(5)

In a case where paragraph (2) applies, the appropriate authority shall–

(a)

determine whether the case is one in respect of which the conditions specified in Part I of the Schedule to these Regulations are satisfied; and

(b)

if they determine that the case is one in respect of which those conditions are satisfied and unless they are of the opinion that the circumstances are such that it would be inappropriate to do so, certify the case as a special case;

and where the appropriate authority certify the case under sub-paragraph (b), the notice given under paragraph (3) shall inform the senior officer concerned that it has been so certified.