# The UK Border Agency (Complaints and Misconduct) Regulations 2010, Regulation 31: Power of the Director General to determine the form of an investigation

Extent: E+W+S+N.I.

(1) This regulation applies where—
(a) a complaint, recordable conduct matter or DSI matter is referred to the Director General; and
(b) the Director General determines that it is necessary for the complaint or matter to be investigated.
(2) It shall be the duty of the Director General to determine the form which the investigation should take.
(3) In making a determination under paragraph (2) the Director General shall have regard to the following factors—
(a) the seriousness of the case; and
(b) the public interest.
(4) The only forms which the investigation may take in accordance with a determination made under this regulation are an investigation by—
(a) the relevant appropriate authority on its own behalf;
(b) a police force at the request of the relevant appropriate authority;
(c) the relevant appropriate authority under the supervision of the Director General;
(d) a police force under the supervision of the Director General;
(e) the relevant authority under the management of the Director General;
(f) a police force under the management of the Director General;
(g) the Director General.
(5) The Director General may at any time make a further determination under this regulation to replace an earlier one.
(6) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the relevant appropriate authority has already begun an investigation on its own behalf, the Director General may give—
(a) the relevant appropriate authority, and
(b) any person previously appointed to carry out the investigation,
such directions as the Director General considers appropriate for the purpose of giving effect to the new determination.
(7) It shall be the duty of a person to whom a direction is given under paragraph (6) to comply with it.
(8) The Director General shall notify the relevant appropriate authority of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter.

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Source: https://www.legislation.gov.uk/uksi/2010/782/regulation/31 (the official version)
Page: https://openlegislation.uk/uk-border-agency-complaints-and-misconduct-regulations-2010/regulation-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.