Regulation 63 Action by the Director General in response to an investigation report under regulation 62F1I1

a report on an investigation carried out under the management of the Director General is submitted to F2the Director General under paragraph (3) of regulation 62 (final reports on investigations: complaints, conduct matters and certain DSI matters); or

a report on an investigation carried out by a person designated by the Director General is submitted to F3the Director General, or is otherwise completed, under paragraph (5) of that regulation.

if it appears that the relevant appropriate authority has not already been sent a copy of the report, shall send a copy of the report to that authority;

shall determine whether the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the report;

if the Director General determines that those conditions are so satisfied, shall notify the Director of Public Prosecutions F5... of the determination and send that person a copy of the report; and

shall notify the relevant appropriate authority and the persons mentioned in paragraph (7) of F6the Director General’s determination under paragraph (b) and of any action taken by the Director General under paragraph (c).

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 50 (duty to provide information for other persons); and

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

whether any relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor (person whose conduct is in question) has a case to answer in respect of their conduct or has no case to answer; and

what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report; and

what other action (if any) the authority will in its discretion take in respect of those matters.

sets out the determinations the authority has made, and

if the relevant appropriate authority has decided in relation to any person whose conduct is the subject-matter of the report that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding.

consider the memorandum and whether the relevant appropriate authority has made the determinations under paragraph (9) or (10)(a) that the Director General considers appropriate in respect of the matters dealt with in the report;

determine, in the light of the Director General’s consideration of those matters, whether or not to make recommendations under regulation 67 (duties with respect to disciplinary proceedings); and

make such recommendations (if any) under that regulation as the Director General thinks fit.

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 49 (duty to keep the complainant informed); and

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under regulation 50 (duty to provide information for other persons).

the findings of the report;

the F10Director General’s’ determination under paragraph (11)(b); and

the action which the relevant appropriate authority is to be recommended to take as a consequence of the determination.