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Regulation 38 Power of the Director General to determine the form of an investigationF1I1

United Kingdom

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

(1)

This regulation applies where—

(a)

a complaint or recordable conduct matter or DSI matter is referred to the Director General; and

(b)

the Director General determines that it is necessary for the complaint or matter to be investigated.

(2)

It shall be the duty of the Director General to determine the form which the investigation shall take.

(3)

In making a determination under paragraph (2) the Director General shall have regard to the seriousness of the case and the public interest.

(4)

The only forms which the investigation may take in accordance with a determination made under this regulation are—

(a)

an investigation by the appropriate authority on its own behalf;

(b)

an investigation by the appropriate authority under the supervision of the Director General;

(c)

an investigation by a police force under the supervision of the Director General;

(d)

an investigation by the appropriate authority under the management of the Director General;

(e)

an investigation by a police force under the management of the Director General;

(f)

an investigation by the Director General.

(5)

An investigation under this regulation relating to any conduct of the Commissioners may only be carried out in the form specified in paragraph (4)(c), (4)(e) or (4)(f).

(6)

The Director General may at any time make a further determination under this regulation to replace an earlier one.

(7)

Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the Director General may give—

(a)

the appropriate authority, and

(b)

any person previously appointed to carry out the investigation,

such directions as F2the Director General considers appropriate for the purpose of giving effect to the new determination.

(8)

It shall be the duty of a person to whom a direction is given under paragraph (7) to comply with it.

(9)

The Director General shall notify the appropriate authority of any determination that the Director General makes under this regulation in relation to a particular complaint or recordable conduct matter or DSI matter.

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. 38 in force at 5.8.2010, see reg. 1