The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
18 Conduct matters arising in civil proceedings
(1) This regulation applies where— (a) the chief executive has received notification (whether or not under this regulation) that civil proceedings relating to any matter have been brought by a member of the public against the FSA, or it otherwise appears to the chief executive that such proceedings are likely to be so brought; and (b) it appears to the chief executive (whether at the time of the notification or at any time subsequently) that those proceedings involve, or would involve, a conduct matter. (2) The chief executive must determine whether the matter is one which the chief executive is required to refer to the Director General under regulation 26 or is one which it would be appropriate to so refer. (3) If the chief executive determines that the matter is one which the chief executive is required to refer to the Director General under regulation 26, or is one which it would be appropriate to so refer, the chief executive must record the matter. (4) In any case not falling within paragraph (3), the chief executive must determine whether the matter— (a) concerns substantially the same conduct as— (i) a complaint made previously (“previous complaint”); or (ii) a conduct matter recorded previously (“previous conduct matter”); (b) is one in respect of which there is no fresh indication that an officer may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings; (c) is one in respect of which there is no fresh substantive evidence which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and (d) is one where, as respects the previous complaint or previous conduct matter, it has been or is being investigated or (in the case of a complaint) otherwise handled in accordance with these Regulations. (5) In a case where the chief executive determines that the matter does not fall within paragraph (4), the chief executive must record the matter. (6) In any case not falling within paragraph (3) or (5), the chief executive may (but need not) record the matter. (7) In a case where the chief executive— (a) records a matter under this regulation; and (b) is not required to refer the matter to the Director General under regulation 26 and does not do so, the chief executive may deal with the matter in such other manner (if any) as the chief executive may determine. (8) Nothing in paragraphs (3) or (5) requires the chief executive to record any conduct matter if the chief executive is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates. (9) For the purposes of this paragraph, civil proceedings involve a conduct matter if— (a) they relate to such a matter; or (b) they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.
18 Conduct matters arising in civil proceedings
(1) This regulation applies where— (a) the chief executive has received notification (whether or not under this regulation) that civil proceedings relating to any matter have been brought by a member of the public against the FSA, or it otherwise appears to the chief executive that such proceedings are likely to be so brought; and (b) it appears to the chief executive (whether at the time of the notification or at any time subsequently) that those proceedings involve, or would involve, a conduct matter. (2) The chief executive must determine whether the matter is one which the chief executive is required to refer to the Director General under regulation 26 or is one which it would be appropriate to so refer. (3) If the chief executive determines that the matter is one which the chief executive is required to refer to the Director General under regulation 26, or is one which it would be appropriate to so refer, the chief executive must record the matter. (4) In any case not falling within paragraph (3), the chief executive must determine whether the matter— (a) concerns substantially the same conduct as— (i) a complaint made previously (“previous complaint”); or (ii) a conduct matter recorded previously (“previous conduct matter”); (b) is one in respect of which there is no fresh indication that an officer may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings; (c) is one in respect of which there is no fresh substantive evidence which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and (d) is one where, as respects the previous complaint or previous conduct matter, it has been or is being investigated or (in the case of a complaint) otherwise handled in accordance with these Regulations. (5) In a case where the chief executive determines that the matter does not fall within paragraph (4), the chief executive must record the matter. (6) In any case not falling within paragraph (3) or (5), the chief executive may (but need not) record the matter. (7) In a case where the chief executive— (a) records a matter under this regulation; and (b) is not required to refer the matter to the Director General under regulation 26 and does not do so, the chief executive may deal with the matter in such other manner (if any) as the chief executive may determine. (8) Nothing in paragraphs (3) or (5) requires the chief executive to record any conduct matter if the chief executive is satisfied that the matter has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person to whose conduct the matter relates. (9) For the purposes of this paragraph, civil proceedings involve a conduct matter if— (a) they relate to such a matter; or (b) they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.
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