The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
40 Withdrawn complaints
(1) This regulation applies where the chief executive receives a notification signed by the complainant or the complainant’s solicitor or other authorised agent on the complainant’s behalf that the complainant— (a) withdraws the complaint; or (b) does not wish any further steps to be taken. (2) The chief executive must record the withdrawal or the fact that the complainant does not wish any further steps to be taken and, subject to the following provisions of this regulation, these Regulations cease to apply in respect of that complaint. (3) Where the notification mentioned in paragraph (1) relates to a complaint which— (a) was referred to the Director General under regulation 23 or is being treated by the Director General as having been so referred under regulation 24; and (b) has not been referred back to the chief executive under regulation 25(2); the chief executive must notify the Director General that the chief executive has recorded the withdrawal or the fact that the complainant does not wish any further steps to be taken. (4) Where the notification mentioned in paragraph (1) relates to a complaint which the chief executive knows is subject to a review under regulation 81, the chief executive must notify the Director General that the chief executive has recorded the withdrawal or the fact that the complainant does not wish any further steps to be taken. (5) In a case falling within paragraph (3) or paragraphs (3) and (4), the Director General must— (a) determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and (b) notify the chief executive of the Director General’s determination. (6) In a case falling within paragraph (4) (but not also paragraph (3)), the chief executive must— (a) determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and (b) notify the Director General of that determination and the reasons for it. (7) Where the notification mentioned in paragraph (1) relates to a complaint which does not fall within paragraph (3) or (4), the chief executive must determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter. (8) Where a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint is to be treated as a recordable conduct matter, regulations 18, 19, 20, 26, 27 and 28 apply to that matter. (9) Where— (a) a complaint is subject to a review by the Director General under regulation 81; and (b) the chief executive notifies the Director General under paragraph (6)(b) that the chief executive has determined that the complaint is not to be treated as a recordable conduct matter, the Director General must consider whether it is in the public interest for that determination to be reversed and, if so, the Director General must instruct the chief executive to reverse the determination. (10) Subject to paragraph (11), the chief executive must notify the person complained against if— (a) the chief executive records the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken; (b) a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint to be treated as a recordable conduct matter; (c) the Director General instructs the chief executive to reverse a determination not to treat the complaint as a recordable conduct matter; (d) the provisions of these Regulations cease to apply to the complaint. (11) Nothing in paragraph (10) requires the chief executive to make a notification if the chief executive believes that to do so— (a) might prejudice any criminal investigation or pending proceedings; or (b) would otherwise be contrary to the public interest.
40 Withdrawn complaints
(1) This regulation applies where the chief executive receives a notification signed by the complainant or the complainant’s solicitor or other authorised agent on the complainant’s behalf that the complainant— (a) withdraws the complaint; or (b) does not wish any further steps to be taken. (2) The chief executive must record the withdrawal or the fact that the complainant does not wish any further steps to be taken and, subject to the following provisions of this regulation, these Regulations cease to apply in respect of that complaint. (3) Where the notification mentioned in paragraph (1) relates to a complaint which— (a) was referred to the Director General under regulation 23 or is being treated by the Director General as having been so referred under regulation 24; and (b) has not been referred back to the chief executive under regulation 25(2); the chief executive must notify the Director General that the chief executive has recorded the withdrawal or the fact that the complainant does not wish any further steps to be taken. (4) Where the notification mentioned in paragraph (1) relates to a complaint which the chief executive knows is subject to a review under regulation 81, the chief executive must notify the Director General that the chief executive has recorded the withdrawal or the fact that the complainant does not wish any further steps to be taken. (5) In a case falling within paragraph (3) or paragraphs (3) and (4), the Director General must— (a) determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and (b) notify the chief executive of the Director General’s determination. (6) In a case falling within paragraph (4) (but not also paragraph (3)), the chief executive must— (a) determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and (b) notify the Director General of that determination and the reasons for it. (7) Where the notification mentioned in paragraph (1) relates to a complaint which does not fall within paragraph (3) or (4), the chief executive must determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter. (8) Where a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint is to be treated as a recordable conduct matter, regulations 18, 19, 20, 26, 27 and 28 apply to that matter. (9) Where— (a) a complaint is subject to a review by the Director General under regulation 81; and (b) the chief executive notifies the Director General under paragraph (6)(b) that the chief executive has determined that the complaint is not to be treated as a recordable conduct matter, the Director General must consider whether it is in the public interest for that determination to be reversed and, if so, the Director General must instruct the chief executive to reverse the determination. (10) Subject to paragraph (11), the chief executive must notify the person complained against if— (a) the chief executive records the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken; (b) a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint to be treated as a recordable conduct matter; (c) the Director General instructs the chief executive to reverse a determination not to treat the complaint as a recordable conduct matter; (d) the provisions of these Regulations cease to apply to the complaint. (11) Nothing in paragraph (10) requires the chief executive to make a notification if the chief executive believes that to do so— (a) might prejudice any criminal investigation or pending proceedings; or (b) would otherwise be contrary to the public interest.
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