OpenLegislation

Regulation 65 Final reports on investigations: DSI mattersI1

United Kingdom

(1)

This regulation applies on the completion of an investigation of a DSI matter in respect of which neither the F1Director General, nor the person appointed under regulation 38 (investigation by a police force at the request of the relevant appropriate authority) or 40 (investigation by a police force under the management or under the supervision of the Director General) has made a determination that the person whose conduct is in question may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings.

(2)

The person investigating shall—

(a)

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

(b)

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

(3)

A person submitting 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 his report as that person thinks fit.

(4)

On receipt of the report, the Director General shall determine whether the report indicates that a relevant officer, relevant official of the Secretary of State, relevant contractor, official exercising customs revenue functions or customs revenue contractor may have—

(a)

committed a criminal offence, or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings.

(5)

If the Director General determines under paragraph (4) that there is no indication in the report that an officer may have—

(a)

committed a criminal offence, or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

F2the Director General shall make such recommendations or give such advice under regulation 6(1)(e) (general functions of the Director General) (if any) as the Director General considers necessary or desirable.

(6)

Paragraph (5) does not affect any power of the Director General to make recommendations or give advice under regulation 6(1)(e) in other cases (whether arising under these Regulations or otherwise).

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 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)

Commencement

I1

Reg. 65 in force at 7.4.2010, see reg. 1(1)