# The UK Border Agency (Complaints and Misconduct) Regulations 2010, Regulation 42: Investigations by the Director General

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

(1) This regulation applies where the Director General has determined that the Director General should ... carry out the investigation of a complaint or recordable conduct matter or DSI matter.
(2) The Director General shall designate both—
(a) a person to take charge of the investigation; and
(b) such members of the IOPC’s staff as are required by the Director General to assist the person designated to take charge of the investigation.
(2A) The person designated under paragraph (2) to take charge of an investigation shall be—
(a) the Director General acting personally; or
(b) a person who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 to the 2002 Act (delegation of Director General’s functions).
(3) A person who—
(a) is designated under paragraph (2) in relation to any investigation, but
(b) does not already, by virtue of section 97(8) (police officers engaged on service outside their force) of the Police Act 1996 have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters,
shall for the purposes of the carrying out of the investigation and all purposes connected with it, have all those powers and privileges throughout England and Wales and those waters.
(4) A person designated under paragraph (2) who is not a constable shall not, as a result of paragraph (3), be treated as being in police service for the purposes of—
(a) section 280 (police service) of the Trade Union and Labour Relations (Consolidation) Act 1992; or
(b) section 200 (police officers) of the Employment Rights Act 1996.
(5) References in this regulation to the powers and privileges of a constable—
(a) are references to any power or privilege conferred by or under any enactment (including one passed after the making of these Regulations) on a constable; and
(b) shall have effect as if every such power were exercisable, and every such privilege existed, throughout England and Wales and the adjacent United Kingdom waters (whether or not that is the case apart from this paragraph).
(6) In this regulation “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

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Source: https://www.legislation.gov.uk/uksi/2010/782/regulation/42 (the official version)
Page: https://openlegislation.uk/uk-border-agency-complaints-and-misconduct-regulations-2010/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.