OpenLegislation

Regulation 19 Initial handling and recording of complaintsI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a complaint is made to the F1Director General—

(a)

F2the Director General shall ascertain whether the complainant is content for the appropriate authority to be notified of the complaint, and

(b)

the Director General shall give notification of the complaint to the appropriate authority if, and only if, the complainant is so content.

(2)

Where a complaint is made to an appropriate authority, the authority shall—

(a)

determine whether or not it is the appropriate authority in relation to the complaint, and

(b)

if it determines that it is not, give notification of the complaint to the appropriate authority for the individual complained against.

(3)

Where the Director General—

(a)

is prevented by paragraph (1)(b) from notifying any complaint to the appropriate authority, and

(b)

considers that it is in the public interest for the subject-matter of the complaint to be brought to the attention of the appropriate authority and recorded under regulation 24,

the Director General may bring that matter to the appropriate authority’s attention under that regulation as if it were a recordable conduct matter, and (if the Director General does so) the following provisions of these Regulations shall have effect accordingly as if it were such a matter.

(4)

Where the Director General or the appropriate authority gives notification of a complaint under paragraph (1) or (2) or the Director General brings any matter to the appropriate authority’s attention under paragraph (3), the person who gave the notification or, as the case may be, the Director General shall notify the complainant—

(a)

that the notification has been given and of what it contained, or

(b)

that the matter has been brought to the appropriate authority’s attention to be dealt with otherwise than as a complaint.

(5)

Where—

(a)

an appropriate authority, in the case of any complaint made to it, decides that it is the appropriate authority, or

(b)

a complaint is notified to the appropriate authority under this regulation,

the appropriate authority shall record the complaint.

(6)

Nothing in this regulation shall require the notification or recording by any person of any complaint about any conduct if—

(a)

that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was, or

(b)

the complaint has been withdrawn.

Annotations

Textual amendments

F1

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(a) (with regs. 18(3), 37)

F2

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(2)(c) (with regs. 18(3), 37)

Commencement

I1

Reg. 19 in force at 5.8.2010, see reg. 1