Regulation 40 Power of the Director General to impose requirements in relation to an investigation which the Director General is supervisingF1F3I1
United Kingdom
For the purposes of regulation 45(6) the requirements which may be imposed by the Director General on a person appointed to investigate a complaint, recordable conduct matter or DSI matter are, subject to paragraphs (2) and (3), any reasonable requirements as to the conduct of the investigation as appear to the Director General to be necessary.
Where at any stage of an investigation of a complaint, recordable conduct matter or DSI matter the possibility of criminal proceedings arises, the Director General shall not, under paragraph (1), impose any requirement relating to the obtaining or preservation of evidence of a criminal offence without first obtaining the F2consent of the Director of Public Prosecutions to the imposition of any such requirement.
The Director General shall not, under paragraph (1), impose any requirement relating to the resources to be made available by the appropriate authority, for the purposes of an investigation, without first consulting it and having regard to any representations it may make.
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 reg. 40(2) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 31
- F3
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. 40 in force at 5.8.2010, see reg. 1