The UK Border Agency (Complaints and Misconduct) Regulations 2010

S.I. 2010/782 · Made 15 March 2010 · Extends to United Kingdom

Contents

1. 1Citation and commencement
2. 2Interpretation
3. 3Application: general
4. Part 1: COMPLAINTS AND MISCONDUCT
5. 4Application of the Police Reform Act 2002
6. 5Regulation 5
7. 6General functions of the Director General
8. 6AGeneral Functions of the IOPC
9. 6BEfficiency etc. in exercise of functions
10. 7Reports to the Secretary of State
11. 8Complaints, matters and persons to which these Regulations apply
12. 9Direction and control matters
13. 10Co-operation, assistance and information
14. 11Payment for assistance with investigations
15. Part 2: HANDLING OF COMPLAINTS AND CONDUCT MATTERS ETC
16. 12Duties to preserve evidence relating to complaints
17. 13Initial handling and recording of complaints
18. 14Keeping of records
19. 15Failures to notify or record a complaint
20. 16Handling of complaints by the relevant appropriate authority
21. 17Conduct matters arising in civil proceedings
22. 18Recording etc. of conduct matters in other cases
23. 19Duties to preserve evidence relating to conduct matters
24. Part 3: REFERRAL OF MATTERS TO THE DIRECTOR GENERAL
25. 20Recording and reference of conduct matters
26. 21Reference of complaints to the Director General
27. 22Duties of the Director General on references under regulation 21
28. 23Reference of conduct matters to the Director General
29. 24Duties of the Director General on references under regulation 23
30. Part 4: HANDLING DSI MATTERS
31. 25Duty to record DSI matters
32. 26Duty to preserve evidence relating to DSI matters
33. 27Reference of DSI matters to the Director General
34. 28Duties of Director General on references under regulation 27
35. 29Procedure where a conduct matter is revealed during investigation of a DSI matter
36. Part 5: INVESTIGATIONS
37. 30Inspections of the Secretary of State’s premises on behalf of the Director General
38. 31Power of the Director General to determine the form of an investigation
39. 32Appointment of persons to carry out investigations
40. 33Power of the Director General to impose requirements in relation to an investigation which the Director General is supervising
41. 34Combining and splitting investigations
42. 35Power of the Director General to discontinue an investigation
43. 36Withdrawn and discontinued complaints
44. 37Investigations by the relevant appropriate authority on its own behalf
45. 38Investigation by a police force at the request of the relevant appropriate authority
46. 39Investigations supervised by the Director General
47. 40Investigation by a police force under the management or under the supervision of the Director General
48. 41Investigations managed by the Director General
49. 42Investigations by the Director General
50. 43Relinquishing the Director General’s’ supervision or management of an investigation
51. 44Circumstances in which an investigation or other procedure may be suspended
52. 45Resumption of investigation after criminal proceedings
53. 46Restrictions on proceedings pending the conclusion of an investigation
54. Part 6: PROVISION OF INFORMATION
55. 47Provision and use of information by the Director General
56. 48Provision of information to the Director General
57. 49Duty to keep the complainant informed
58. 50Duty to provide information for other persons
59. 51Duty to keep the relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor informed
60. 52Duty to consider submissions from relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions and customs revenue contractors
61. 53Duty to provide certain information to the relevant appropriate authority
62. 54Manner in which duties to provide information to the complainant are to be performed
63. 55Exceptions to the duty to keep the complainant informed and to provide information for other persons
64. 56Notification of complaints etc.
65. 57Notification of actions and decisions
66. 58Information for complainant about disciplinary recommendations
67. 59Register to be kept by the Director General
68. 60Manner and time limits of notifications
69. Part 7: REPORTS AND RECOMMENDATIONS
70. 61Action by a police force on completion of an investigation report
71. 62Final reports on investigations: complaints, conduct matters and certain DSI matters
72. 63Action by the Director General in response to an investigation report under regulation 62
73. 64Action by the relevant appropriate authority in response to an investigation report under regulation 62
74. 65Final reports on investigations: DSI matters
75. 66Action by the Director General in response to an investigation report under regulation 65
76. 67Duties with respect to disciplinary proceedings
77. 68Complaints against a person whose identity is not ascertained
78. Part 8: APPEALS
79. 69Appeals to the Director General: failures to notify or record a complaint
80. 70Appeals to the Director General with respect to an investigation
81. 71Reviews and re-investigations following an appeal
82. Part 9: REVOCATION, SAVING AND TRANSITIONAL PROVISIONS
83. 72Revocation of the 2009 Regulations, saving and transitional provisions
84. Signature
85. Explanatory note