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The Authorised Investigators (Complaints and Misconduct) Regulations 2026

S.I. 2026/1098 · Made 14 October 2026

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PUBLIC SECTOR FRAUD, ENGLAND AND WALES

Made 14th October 2026

Laid before Parliament 19th October 2026

Coming into force 9th November 2026

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 26G(1), (2) and (6) and 105(4) and (5) of the Police Reform Act 2002f1.

Annotations to the whole text

Footnotes

f1

2002 c. 30. Section 26G was inserted by section 9(3) of the Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28). Section 105(5) was amended by section 28(4) of, and paragraph 54 of Schedule 9(2) to, the Policing and Crime Act 2017 (c. 3). See section 105(6) of the Police Reform Act 2002 which provides that references to the Secretary of State include references to the Minister for the Cabinet Office for the purposes of section 26G.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Complaints and misconduct: general
  5. 3Application: general
  6. 4Complaints, matters and persons to whom and to which these Regulations apply
  7. 5Complaints against a person who has subsequently ceased to be employed by the Crown in service of the Cabinet Office
  8. 6Application of the 2002 Act
  9. 7Temporary service
  10. 8General functions of the Director General in relation to authorised investigators
  11. 9General functions of the Office under these Regulations
  12. 10Reports to the Secretary of State
  13. 11General duties of the Minister
  14. 12Keeping of records by the Minister
  15. 13Inspections of PSFA premises on behalf of the Director General
  16. 14Payments
  17. 15Payment for assistance with investigations
  18. Part 3: Handling of complaints
  19. 16Recording of complaints
  20. 17Duty to preserve evidence relating to complaints
  21. 18Handling of complaints by the Minister
  22. 19Withdrawn complaints
  23. 20Withdrawn complaints: no written signed notification
  24. Part 4: Handling of conduct matters
  25. 21Conduct matters arising in civil proceedings
  26. 22Recording, etc., of conduct matters in other cases
  27. 23Duty to preserve evidence relating to recordable conduct matters
  28. Part 5: Referral of complaints and recordable conduct matters to the Director General
  29. 24Reference of complaints to the Director General
  30. 25Power of the Director General to treat complaints as having been referred
  31. 26Duties of the Director General on references under regulation 24 or complaints treated as having been so referred under regulation 25
  32. 27Manner of reference of recordable conduct matters
  33. 28Reference of recordable conduct matters to the Director General
  34. 29Power of the Director General to treat conduct matters as having been referred
  35. 30Duties of the Director General on references under regulation 28 or recordable conduct matters treated as having been referred under regulation 29
  36. Part 6: Handling of DSI matters
  37. 31Duty to record DSI matters
  38. 32Duty to preserve evidence relating to DSI matters
  39. 33Reference of DSI matters to the Director General
  40. 34Power of the Director General to treat DSI matters as having been referred
  41. 35Duties of the Director General on references under regulation 33 or DSI matters treated as having been referred under regulation 34
  42. 36Procedure where conduct matter is revealed during investigation of DSI matter
  43. Part 7: Investigations
  44. 37Power of the Director General to determine the form of an investigation
  45. 38Appointment of persons to carry out investigations
  46. 39Investigations by the Minister on the Minister’s own behalf
  47. 40Investigation by a police force or the National Crime Agency under the direction of the Director General
  48. 41Investigations by the Minister under the direction of the Director General
  49. 42Investigations by the Director General
  50. 43Timeliness of investigations
  51. 44Combining and splitting investigations
  52. 45Change of form of investigation: provision of documentation and evidence
  53. 46Suspension of investigation or other procedure
  54. 47Resumption of investigation of complaint after criminal investigation or criminal proceedings
  55. 48Special procedure: severity assessment
  56. 49Special procedure: notification of severity assessment etc.
  57. 50Special procedure: PSFA friend
  58. 51Special procedure: revision of severity assessment
  59. 52Special procedure: representations to the person investigating
  60. 53Special procedure: duty to provide information to Minister
  61. 54Special procedure: interview of the person concerned
  62. 55Interview of an authorised investigator during investigations
  63. 56Restrictions on proceedings pending the conclusion of an investigation
  64. Part 8: Provision of information
  65. 57Provision of information to the Director General
  66. 58Minister to notify the Director General of outcome of disciplinary proceedings etc.
  67. 59Register to be kept by the Director General
  68. 60Copies of complaints etc.
  69. 61Duty to keep the complainant informed
  70. 62Interested persons and the duty to keep them informed
  71. 63Manner in which duties to keep the complainant and interested person informed are to be performed
  72. 64Exceptions to duties to keep the complainant and interested person informed
  73. 65Information for complainant and interested persons about disciplinary recommendations
  74. 66Manner and time limits of notices and notifications
  75. 67Investigations by the Director General: power to serve an information notice
  76. 68Failure to comply with an information notice
  77. 69Appeals against information notices
  78. 70Sensitive information: restriction on disclosure
  79. Part 9: Reports and recommendations
  80. 71Final reports on investigations: complaints and recordable conduct matters
  81. 72Action by the Director General in response to an investigation report under regulation 71
  82. 73Action by the Minister in response to an investigation report under regulation 71
  83. 74Provision of copy of report on investigation etc. to person to whose conduct the investigation related
  84. 75Final reports on investigations: DSI matters
  85. 76Action by the Director General in response to an investigation report under regulation 75
  86. 77Duties with respect to disciplinary proceedings
  87. 78Complaints and conduct matters relating to a person whose identity is unascertained
  88. Part 10: Re-investigations, reviews and recommendations
  89. 79Power of the Director General to require re-investigation
  90. 80Reviews with respect to an investigation
  91. 81Reviews: general
  92. 82Information for complainant about disciplinary recommendations
  93. 83Re-investigations following a review
  94. 84Recommendations by the Director General following receipt of reports on completion of an investigation or following a determination on a review
  95. 85Response to recommendation
  96. 86Recommendations by the Director General in relation to remedying dissatisfaction expressed by the complainant
  97. Signature
  98. Explanatory note