Regulation 26 Amendment to regulation 38

in paragraph (4)—

after paragraph (4) insert—

“(4A)

In making a determination under paragraph (2), the Director General must first determine whether having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf and if it is the Director General must determine that the investigation is to take that form.

(4B)

Where in accordance with paragraph (4A), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General, unless paragraph (4C) or (4D) applies.

(4C)

This paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form.

(4D)

This paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by a police force under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form.

(4E)

Where the Director General determines under paragraph (4C), (4D) or (4G) that an investigation is to take the form of an investigation under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation.

(4F)

If, on such a review, the Director General determines that—

(a)

it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form;

(b)

having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Director General may make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form.

(4G)

Subject to paragraph (4F), if at any time the Director General determines that, were the Director General to apply paragraphs (4A) to (4D) again, the form of the investigation would be different, the Director General may make a further determination under this paragraph (to replace the earlier one) such that the investigation takes that different form.”;

in paragraph (5) omit “(4)(c),”;

omit paragraph (6);

in paragraph (9) after “DSI matter” insert “and of the Director General’s reasons for making that determination”;

after paragraph (9) insert—

“(10)

The Director General must also notify the following of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter and of the Director General’s reasons for making the determination—

(a)

every person entitled to be kept properly informed in relation to the complaint, conduct matter or DSI matter under regulation 55;

(b)

where the determination is made in relation to a complaint, the complainant;

(c)

the person in respect of whose conduct the investigation will relate (if any), unless it appears to the Director General that to do so might prejudice an investigation (whether an existing investigation or a possible future one).

(11)

Regulation 60 has effect in relation to the duties imposed on the Director General by paragraph (10) of this regulation.”.