Regulation 12 Duties to preserve evidence relating to complaintsI1

United Kingdom

(1)

Where—

(a)

a complaint is made to the relevant appropriate authority about the conduct of a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor; or

(b)

the relevant appropriate authority becomes aware that a complaint about the conduct of a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor has been made to the F1Director General,

the relevant appropriate authority shall take all such steps as appear to the relevant appropriate authority to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the conduct complained of.

(2)

The duty of the relevant appropriate authority under paragraph (1) must be performed as soon as practicable after the complaint is made or, as the case may be, the relevant appropriate authority becomes aware of it.

(3)

After that, the relevant appropriate authority shall be under a duty, until satisfied that it is no longer necessary to do so, to continue to take the steps which from time to time appear to the relevant appropriate authority to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the conduct complained of.

(4)

It shall be the duty of the relevant appropriate authority to take all such specific steps for obtaining or preserving evidence relating to any conduct that is the subject-matter of a complaint as the relevant appropriate authority may be directed to take for the purposes of this regulation by the Director General.

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), regs. 1, 17(2)(c) (with regs. 17(3), 37)

Commencement

I1: Reg. 12 in force at 7.4.2010, see reg. 1(1)