Regulation 4 Investigation of report, allegation or complaint
Subject to the provisions of paragraph (2), where a report, allegation or complaint is received from which it may reasonably be inferred that a disciplinary offence may have been committed by a senior officer (hereinafter referred to as “the officer subject to investigation”), the police authority for the force of which that officer is a member shall appoint an investigating officer to investigate the matter.
In the case of any report, allegation or complaint referred to in paragraph (1) from which it may reasonably be inferred that only a minor disciplinary offence may have been committed, the police authority may decide that no action shall be taken under these Regulations in relation to the matter and in particular that an investigating officer shall not be appointed, and in that case the police authority shall forthwith notify the officer subject to investigation in writing.
The investigating officer shall be a chief constable of a police force other than that to which the officer subject to investigation belongs or has belonged:
Provided that the police authority shall not appoint as an investigating officer any chief constable who is a material witness or who is interested in the matter otherwise than as a member of a police force and accordingly they shall ask any chief constable considered for appointment, and that chief constable shall declare, whether he is such a witness or is so interested, before an appointment is made.
As soon as practicable after his appointment, the investigating officer shall cause to be prepared an investigation form, which shall be in the form set out in Schedule 1 or in a form to the like effect and which shall–
contain a statement of the report, allegation or complaint;
inform the officer subject to investigation that, although he is not obliged to do so at this stage, he may make a written or oral statement concerning the matter to the investigating officer and provide the names and addresses of any persons whom he may wish to give evidence on his behalf; and
warn him that if he does make such a statement it may be used in evidence in any subsequent disciplinary proceedings;
and the investigating officer shall serve a copy of the investigation form upon the officer subject to investigation.