Regulation 29 Procedure where a conduct matter is revealed during investigation of a DSI matterI1

United Kingdom

(1)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 39 (investigations supervised by the F1Director General), F2or 41 (investigations managed by the Director General) F3... that there is an indication that a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor (“the person whose conduct is in question”) may have—

(a)

committed a criminal offence, or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the person so appointed shall make a notification to that effect to the Director General.

(2)

If, after considering a notification under paragraph (1), the Director General determines that there is such an indication, F4the Director General shall notify the relevant appropriate authority and send to it a copy of the submission under paragraph (1).

F5(2A)

If during the course of an investigation of a DSI matter being carried out by a person designated under regulation 42 the Director General determines that there is an indication that a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor (“the person whose conduct is in question”) may have—

(a)

committed an offence, or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General shall proceed under paragraph (2B).

(2B)

The Director General shall—

(a)

prepare a record of the determination;

(b)

notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and

(c)

send to it (or each of them) a copy of the record of the determination prepared under sub-paragraph (a).

(3)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 38 (investigation by a police force at the request of the relevant appropriate authority), or 40 (investigation by a police force under the management or supervision of the Director General) that there is an indication that a relevant officer, a relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor (“the person whose conduct is in question”) may have—

(a)

committed a criminal offence, or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the person so appointed shall make a notification to that effect to the relevant appropriate authority and on completion of that investigation shall carry out the steps set out in regulation 61 (action by a police force on completion of an investigation report).

(4)

Where the relevant appropriate authority—

(a)

is notified of a determination by the Director General under paragraph (2) F6or (2B), or

(b)

is notified of a determination by the person appointed under regulation 38 or 40 in accordance with regulation 61(2),

it shall record the matter under regulation 18 (recording etc. of conduct matters in other cases) as a conduct matter (and the other provisions of Part 5 of these Regulations (investigations) shall apply in relation to that matter accordingly).

(5)

Where a DSI matter is recorded under regulation 18 as a conduct matter by virtue of paragraph (4)—

(a)

the person investigating the DSI matter shall (subject to any determination made by the Director General under regulation 31(2) (power of the Director General to determine the form of an investigation)) continue the investigation as if appointed to investigate the conduct matter, and

(b)

the other provisions of Part 5 of these Regulations shall apply in relation to that matter accordingly.

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)
F2: Word in reg. 29(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(12)(a)(i) (with reg. 37)
F3: Words in reg. 29(1) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(12)(a)(ii) (with reg. 37)
F4: 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)(e) (with regs. 17(3), 37)
F5: Reg. 29(2A)(2B) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(12)(b) (with reg. 37)
F6: Words in reg. 29(4)(a) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(12)(c) (with reg. 37)

Commencement

I1: Reg. 29 in force at 7.4.2010, see reg. 1(1)