Regulation 17 Conduct matters arising in civil proceedingsI1

United Kingdom

(1)

This regulation applies where—

(a)

the relevant appropriate authority has received notification (whether or not under this regulation) that civil proceedings relating to any matter have been brought by a member of the public against the Secretary of State or the Director of Border Revenue, or it otherwise appears to the relevant appropriate authority that such proceedings are likely to be so brought; and

(b)

it appears to the relevant appropriate authority (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.

(2)

Where the relevant appropriate authority becomes aware that those proceedings involve or would involve a conduct matter, the relevant appropriate authority shall record that matter.

(3)

Where the relevant appropriate authority records any matter under this regulation it—

(a)

shall first determine whether the matter is one which it is required to refer to the F1Director General under regulation 23 (reference of conduct matters to the Director General) or is one which it would be appropriate to so refer; and

(b)

if it is not required so to refer the matter and does not do so, may deal with the matter in such other manner (if any) as it may determine.

(4)

Nothing in paragraph (3) shall require the relevant appropriate authority to record any conduct matter if it is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates.

(5)

For the purposes of this regulation civil proceedings involve a conduct matter if—

(a)

they relate to such a matter; or

(b)

they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.

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. 17 in force at 7.4.2010, see reg. 1(1)