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Regulation 62 Final reports on investigations: complaints, conduct matters and certain DSI mattersI1

United Kingdom

(1)

This regulation applies on the completion of an investigation of—

(a)

a complaint, or

(b)

a conduct matter.

(2)

A person appointed under regulation 37 (investigations by the relevant appropriate authority on its own behalf) shall submit a report on that person’s investigation to the relevant appropriate authority.

(3)

A person appointed in accordance with regulation 38 (investigation by a police force at the request of the relevant appropriate authority) shall—

(a)

submit a report on that person’s investigation to the relevant appropriate authority; and

(b)

send a copy of that report to the F1Director General.

(4)

The report shall set out the determination of the person appointed in accordance with regulation 38 (investigation by a police force at the request of the relevant appropriate authority) as to whether the conditions set out in regulation 61(4) and (5) (action by a police force on completion of an investigation report) have been satisfied and whether the Director of Public Prosecutions F2... has been sent a copy of the investigation report in accordance with regulation 61(3)(a).

(5)

A person appointed under regulation 39 (investigations supervised by the Director General), 40 (investigations by a police force under the management or under the supervision of the Director General), or 41 (investigations managed by the Director General) shall—

(a)

submit a report on that investigation to the Director General; and

(b)

send a copy of that report to the relevant appropriate authority.

(6)

A person designated under regulation 42 (investigations by the Director General F3...) as the person in charge of an investigation F4shall—

(a)

submit a report on the investigation to the Director General, or

(b)

where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.

(7)

A person submitting F5or, in the case of an investigation under regulation 42 by the Director General personally, completing a report under this regulation shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in that person’s report as that person thinks fit.

(8)

A person who has submitted F6or, in the case of an investigation under regulation 42 by the Director General personally, completed a report under this regulation on an investigation within regulation 52(1) (duty to consider submissions from relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions and customs revenue contractors) must supply the relevant appropriate authority with such copies of further documents or other items in that person’s possession as the authority may request.

(9)

The relevant appropriate authority may only make a request in respect of a copy of a document or other item if the relevant appropriate authority—

(a)

considers that the document or item is of relevance to the investigation, and

(b)

requires a copy of the document or the item for either or both of the purposes mentioned in paragraph (10).

(10)

Those purposes are—

(a)

complying with any obligation which the authority has under the disciplinary proceedings in relation to any person whose conduct is the subject-matter of the investigation;

(b)

ensuring that any relevant officer, relevant official of the Secretary of State or official exercising customs revenue functions receives a fair hearing at any disciplinary proceedings in respect of any such conduct of that officer.

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

Words in reg. 62(4) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 27

F3

Word in reg. 62(6) 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(20)(a)(i) (with reg. 37)

F4

Words in reg. 62(6) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(20)(a)(ii) (with reg. 37)

F5

Words in reg. 62(7) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(20)(b) (with reg. 37)

F6

Words in reg. 62(8) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(20)(c) (with reg. 37)

Commencement

I1

Reg. 62 in force at 7.4.2010, see reg. 1(1)