The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
As published
28 Duties of the Director General on references under regulation 26 or conduct matters treated as having been referred under regulation 27
(1) The Director General must, in the case of every recordable conduct matter referred to the Director General by the chief executive under regulation 26 or treated as having been referred under regulation 27, determine whether or not it is necessary for the matter to be investigated.
(2) Where the Director General determines under this regulation that it is not necessary for a recordable conduct matter to be investigated—
(a) in a case where the recordable conduct matter is already being investigated by the chief executive on the chief executive’s own behalf, and notwithstanding the Director General’s determination, the Director General must refer the matter back to the chief executive for the investigation to be completed;
(b) in any other case, the Director General may, if the Director General thinks fit, refer the matter back to the chief executive to be dealt with by the chief executive in such manner (if any) as the chief executive may determine.
(3) Where—
(a) the Director General refers a matter back to the chief executive under this regulation; and
(b) the Director General does not consider that to do so might prejudice an investigation of that matter (whether an existing investigation or a possible future one),
the Director General must give a notification of the making of the reference to the person to whose conduct that matter relates.
Your change, as a redline
28 Duties of the Director General on references under regulation 26 or conduct matters treated as having been referred under regulation 27
(1) The Director General must, in the case of every recordable conduct matter referred to the Director General by the chief executive under regulation 26 or treated as having been referred under regulation 27, determine whether or not it is necessary for the matter to be investigated.
(2) Where the Director General determines under this regulation that it is not necessary for a recordable conduct matter to be investigated—
(a) in a case where the recordable conduct matter is already being investigated by the chief executive on the chief executive’s own behalf, and notwithstanding the Director General’s determination, the Director General must refer the matter back to the chief executive for the investigation to be completed;
(b) in any other case, the Director General may, if the Director General thinks fit, refer the matter back to the chief executive to be dealt with by the chief executive in such manner (if any) as the chief executive may determine.
(3) Where—
(a) the Director General refers a matter back to the chief executive under this regulation; and
(b) the Director General does not consider that to do so might prejudice an investigation of that matter (whether an existing investigation or a possible future one),
the Director General must give a notification of the making of the reference to the person to whose conduct that matter relates.
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