The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
36 Power of the Director General to determine the form of an investigation
(1) This regulation applies where— (a) a complaint or recordable conduct matter or DSI matter is referred to the Director General; and (b) the Director General determines under regulation 25(1), 28(1) or 33(1) that it is necessary for the complaint or matter to be investigated. (2) The Director General must determine the form which the investigation is to take. (3) The only forms which the investigation may take in accordance with a determination made under this regulation are— (a) an investigation by the chief executive on the chief executive’s own behalf; (b) an investigation by the chief executive under the direction of the Director General; (c) an investigation by the Director General. (4) In making a determination under paragraph (2) the Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the chief executive on the chief executive’s own behalf and, if it is, the Director General must determine that the investigation is to take that form. (5) Where, in accordance with paragraph (4), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the chief executive on the chief executive’s own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General unless paragraph (6) applies. (6) This paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the chief executive under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form. (7) Where the Director General determines under paragraph (6) or (9) that an investigation is to take the form of an investigation by the chief executive under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation. (8) If, on such a review, the Director General determines that— (a) it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form; (b) having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the chief executive on the chief executive’s own behalf, the Director General may make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form. (9) Subject to paragraph (8), if at any time the Director General determines that, were the Director General to apply paragraphs (4) to (6) again, the form of the investigation would be different, the Director General may make a further determination under this regulation (to replace the earlier one) such that the investigation takes that different form. (10) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the chief executive has already begun an investigation on the chief executive’s own behalf, the Director General may give— (a) the chief executive; and (b) any person previously appointed to carry out the investigation, such directions as the Director General considers appropriate for the purpose of giving effect to the new determination. (11) A person to whom a direction is given under this regulation must comply with it. (12) The Director General must notify the chief executive of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination. (13) Subject to regulation 62, the Director General must also notify the following of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination— (a) every person entitled to be kept properly informed in relation to the complaint or matter under regulation 60; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the investigation will relate.
36 Power of the Director General to determine the form of an investigation
(1) This regulation applies where— (a) a complaint or recordable conduct matter or DSI matter is referred to the Director General; and (b) the Director General determines under regulation 25(1), 28(1) or 33(1) that it is necessary for the complaint or matter to be investigated. (2) The Director General must determine the form which the investigation is to take. (3) The only forms which the investigation may take in accordance with a determination made under this regulation are— (a) an investigation by the chief executive on the chief executive’s own behalf; (b) an investigation by the chief executive under the direction of the Director General; (c) an investigation by the Director General. (4) In making a determination under paragraph (2) the Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the chief executive on the chief executive’s own behalf and, if it is, the Director General must determine that the investigation is to take that form. (5) Where, in accordance with paragraph (4), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the chief executive on the chief executive’s own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General unless paragraph (6) applies. (6) This paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the chief executive under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form. (7) Where the Director General determines under paragraph (6) or (9) that an investigation is to take the form of an investigation by the chief executive under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation. (8) If, on such a review, the Director General determines that— (a) it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form; (b) having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the chief executive on the chief executive’s own behalf, the Director General may make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form. (9) Subject to paragraph (8), if at any time the Director General determines that, were the Director General to apply paragraphs (4) to (6) again, the form of the investigation would be different, the Director General may make a further determination under this regulation (to replace the earlier one) such that the investigation takes that different form. (10) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the chief executive has already begun an investigation on the chief executive’s own behalf, the Director General may give— (a) the chief executive; and (b) any person previously appointed to carry out the investigation, such directions as the Director General considers appropriate for the purpose of giving effect to the new determination. (11) A person to whom a direction is given under this regulation must comply with it. (12) The Director General must notify the chief executive of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination. (13) Subject to regulation 62, the Director General must also notify the following of any determination that the Director General makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination— (a) every person entitled to be kept properly informed in relation to the complaint or matter under regulation 60; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the investigation will relate.
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