Regulation 44 Amendment to regulation 56

In regulation 56 (written notices)—

(a)

in paragraph (2), in sub-paragraph (c) for “set out the time limits” substitute “state the effect of the time limit in paragraph (2A)”;

(b)

after paragraph (2) insert—

“(2A)

The time limit is 10 working days beginning with the day after the day on which the notification is given unless this period is extended by—

(a)

the person investigating, or

(b)

in the case of an investigation other than by the Director General acting personally, the Director General.

(2B)

Where a notification is given under paragraph (1), the person investigating must—

(a)

provide a copy of the terms of reference of the investigation to the person whose conduct is in question, or

(b)

give the person whose conduct is in question a notice stating that the terms of reference of the investigation are not being provided and explaining why,

where practicable, at the same time as notification is given under paragraph (1), or otherwise within a period of five working days beginning with the first working day after the day on which such notification is given.

(2C)

Where a copy of the terms of reference of the investigation has been provided under paragraph (2B) and those terms are revised, the person investigating must provide a copy of the revised terms to the person whose conduct is in question as soon as practicable.”;

(c)

in paragraph (3)—

(i)

for “and (2)” substitute “, (2), (2B) and (2C)”;

(ii)

after “the notification” insert “or providing a copy of the terms, or revised terms, of reference of the investigation”;

(d)

after paragraph (3) insert—

“(3A)

A copy of the terms, or revised terms, of reference of the investigation provided under paragraph (2B) or (2C) may be in a form which keeps anonymous the identity of the complainant (if any) or any other person.”.