# The UK Border Agency (Complaints and Misconduct) Regulations 2010, Regulation 40: Investigation by a police force under the management or under the supervision of the Director General

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

(1) This regulation applies where the Director General determines that there should be an investigation by a police force under the management or supervision of the Director General.
(2) The Director General shall—
(a) identify the police force whose force area includes the geographical area to which the subject matter of the complaint, recordable conduct matter or DSI matter most closely relates, and
(b) take steps to obtain the agreement of—
(i) the chief officer of police of that force, and
(ii) the relevant appropriate authority,
to the appointment by the Director General of that force to carry out the investigation.
(3) In the event that no agreement is reached under paragraph (2) the Director General may require the chief officer of police of any police force the Director General considers appropriate to carry out the investigation.
(4) A chief officer of police of a police force who agrees to or is required to carry out an investigation shall, if that person has not already done so, appoint a person serving with the police who is a member of that force to investigate that complaint.
(5) Paragraphs (3) to (6) of regulation 39 (investigations supervised by the Director General) shall apply as they apply to an investigation by the relevant appropriate authority which the Director General has determined is one that it should supervise and the references to the relevant appropriate authority in those paragraphs shall be treated as references to the chief officer of police concerned.
(6) An appointment of a person under paragraph (4) shall be notified by the chief of police concerned to the relevant appropriate authority. The Director General may require that no appointment is made under paragraph (4) unless the Director General has given notice to the chief officer that the Director General approves the person serving with the police who it is proposed to appoint.
(7) The person appointed to investigate the complaint or matter shall, in relation to an investigation under the management of the Director General, be under the direction and control of the Director General.
(8) The person appointed to investigate the complaint or matter shall comply with all such requirements in relation to the carrying out of that investigation as may be imposed by these Regulations.

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Source: https://www.legislation.gov.uk/uksi/2010/782/regulation/40 (the official version)
Page: https://openlegislation.uk/uk-border-agency-complaints-and-misconduct-regulations-2010/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.