Regulation 6 General functions of the Director GeneralF1I1
United Kingdom
The functions of the Director General in relation to the relevant appropriate authority, shall be—
to secure the maintenance by the Director General F2..., and by the relevant appropriate authority, of suitable arrangements with respect to the matters mentioned in paragraph (2);
to keep under review all arrangements maintained with respect to those matters;
to secure that arrangements maintained with respect to those matters comply with the requirements of the provisions of this Part, are efficient and effective and contain and manifest an appropriate degree of independence;
to secure that public confidence is established and maintained in the existence of suitable arrangements with respect to those matters and with the operation of the arrangements that are in fact maintained with respect to those matters;
to make such recommendations, and to give such advice, for the modification of the arrangements maintained with respect to those matters, as appear, from the carrying out by the Director General of F3the Director General’s other functions, to be necessary or desirable.
Those matters are—
the handling of complaints made about the conduct of relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions and customs revenue contractors which the relevant appropriate authority—
has a duty to refer to the Director General under regulation 21(1) (reference of complaints to the Director General) of these Regulations or,
may refer to the Director General under regulation 21(5) or (6) (reference of complaints to the Director General) of these Regulations;
the recording of matters from which it appears that—
there may have been conduct by such persons which constitutes or involves the commission of a criminal offence or behaviour justifying disciplinary proceedings, and
that conduct or behaviour is conduct or behaviour which the relevant appropriate authority has a duty to refer to the Director General under regulation 23(1) (reference of conduct matters to the Director General) or may refer to the Director General under regulation 23(4) or (5) of these Regulations;
the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor;
the manner in which any such complaints or any such matters as are mentioned in paragraph (b) or (c) are investigated or otherwise handled and dealt with.
It shall be the duty of the Director General—
to exercise the powers and perform the duties conferred on F4the Director General by the following provisions of these Regulations in the manner that the Director General considers best calculated for the purpose of securing the proper carrying out of the Director General’s functions under paragraph (1); and
to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the Director General has functions.
In carrying out the Director General’s functions under paragraph (1)(d) and (e) the Director General shall only have regard to the following matters—
the handling of complaints which—
fall within regulation 21(1) of these Regulations;
the Director General has notified the relevant appropriate authority the Director General requires to be referred to the Director General for the Director General’s consideration; or
the relevant appropriate authority has referred to the F5Director General on the grounds that it would be appropriate to do so by reason of—
the gravity of the subject matter of the complaint; or
any exceptional circumstances;
the recording of conduct matters which—
fall within regulation 23(1) of these Regulations;
the Director General has notified the relevant appropriate authority the Director General requires to be referred to the Director General for the Director General’s consideration;
the relevant appropriate authority has referred to the Director General on the grounds that it would be appropriate to do so by reason of—
the gravity of the subject matter of the complaint; or
any exceptional circumstances;
the recording of a DSI matter; and
the manner in which any such complaints or any such matters mentioned in paragraph (b) or (c) are investigated or otherwise handled and dealt with.
It shall be the duty of the Director General—
to exercise the powers and perform the duties conferred on the Director General by the provisions of these Regulations in the manner that the Director General considers best calculated for the purpose of securing the proper carrying out of the Director General’s functions under paragraph (1); and
to secure that arrangements exist which are conducive to, and facilitate, the reporting of misconduct by persons in relation to whose conduct the Director General has functions.
It shall also be the duty of the Director General to carry out the Director General’s functions under paragraph (1) in relation to the following:
any DSI matter;
those complaints falling within paragraph 4(a);
those conduct matters falling within paragraph 4(b);
those complaints or recordable conduct matters which the Director General has notified the relevant appropriate authority that the Director General requires to be referred to the Director General for the Director General’s consideration;
those complaints or recordable conduct matters that the relevant appropriate authority has referred to the Director General on the grounds that it would be appropriate to do so by reason of —
the gravity of the subject-matter of the complaint; or
any exceptional circumstances; and
any matter that is subject to any of the appeal rights set out in Part 8 (appeals) of these Regulations.
It shall also be the duty of the Director General—
to enter into arrangements with the Chief Inspector of the UKBA for the purpose of securing co-operation, in the carrying out of their respective functions, between the Chief Inspector of the UKBA, Her Majesty’s Chief Inspector of Prisons, and the Prison and Probation Ombudsman in relation to the exercise of functions by relevant officials, relevant officers of the Secretary of State, relevant contractors, officials exercising customs revenue functions and customs revenue contractors; and
to provide those persons with all such assistance and co-operation as may be required by those arrangements, or as otherwise appears to the Director General to be appropriate, for facilitating the carrying out by those persons of their functions.
In carrying out functions in relation to the relevant appropriate authority the Director General shall have regard to any advice provided to the Director General by the IOPC (see regulation 6A(1)(a)).
Subject to the other provisions of these Regulations, the Director General may do anything which appears to the Director General to be calculated to facilitate, or is incidental or conducive to, the carrying out of the Director General’s functions under these Regulations.
The F7IOPC may, in connection with the making of any recommendation or the giving of any advice to any person for the purpose of carrying out its functions under paragraph (1)(c), (d) or (e), impose any such charge on that person for anything done by the Director General for the purposes of, or in connection with, the carrying out of that function as it thinks fit.
Nothing in these Regulations shall confer any function on the Director General in relation to so much of any complaint or conduct matter as relates to the direction and control of a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor.
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. 6(1)(a) 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(6)(a) (with reg. 37)
- F3
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)(f) (with regs. 17(3), 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
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)(a) (with regs. 17(3), 37)
- F6
Reg. 6(7A) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(6)(b) (with reg. 37)
- F7
Word in reg. 6(9) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(6)(c) (with reg. 37)
Commencement
- I1
Reg. 6 in force at 7.4.2010, see reg. 1(1)