The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
72 Final reports on investigations: complaints, conduct matters and certain DSI matters
(1) This regulation applies on the completion of an investigation of— (a) a complaint; or (b) a conduct matter. (2) A person appointed under regulation 42 must submit a report on the investigation to the chief executive. (3) A person appointed under regulation 43 or 44 must— (a) submit a report on the investigation to the Director General; and (b) send a copy of that report to the chief executive. (4) A person designated under regulation 45 as the person in charge of an investigation must— (a) submit a report on the investigation to the Director General; or (b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation. (5) A person submitting or, in the case of an investigation under regulation 45 by the Director General personally, completing a report under this regulation shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as the person thinks fit. (6) Where a person would contravene regulation 71 by submitting, or, as the case may be, sending a copy of, a report in its entirety to the chief executive under paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of regulation 71 the person must not disclose. (7) A person who has submitted or, in the case of an investigation under regulation 45 by the Director General acting personally, completed a report on an investigation under this regulation on an investigation to which regulation 49 applies must supply the chief executive with such copies of further documents or other items in that person’s possession as the chief executive may request, except so far as the person is prevented from doing so by regulation 71. (8) The chief executive may only make a request under paragraph (7) in respect of a copy of a document or other item if the chief executive — (a) considers that the document or item is of relevance to the investigation; and (b) requires a copy of the document or the item for a purpose mentioned in paragraph (9). (9) Those purposes are— (a) complying with any obligation which the chief executive has under disciplinary proceedings in relation to any person whose conduct is the subject matter of the investigation; (b) ensuring that any such person whose conduct is in question receives a fair hearing at any disciplinary proceedings in respect of any such conduct of that person. (10) A report on an investigation to which regulation 49 applies must— (a) include an accurate summary of the evidence; (b) be accompanied by, or refer to, any relevant documents; and (c) where the investigation was carried out under regulation 42, include the opinion of the person investigating as to the matters mentioned in paragraph (12)(a) and (b). (11) On completion of an investigation— (a) carried out under regulation 43, 44 or 45; and (b) to which regulation 49 applies, where the Director General seeks the views of the chief executive on the matters mentioned in regulation 73(8)(a), the Director General must notify the chief executive of the Director General’s opinion as to the matters mentioned in paragraph (12). (12) The matters are— (a) whether any person to whose conduct the investigation related has a case to answer in respect of their conduct, or has no case to answer; (b) whether or not any such person’s performance is unsatisfactory; (c) whether or not disciplinary proceedings should be brought against any such person; (d) whether or not performance proceedings should be brought against any such person. (13) For the purposes of paragraphs (10) and (11), the chief executive must provide the Director General with the chief executive’s views (if any) on the matters mentioned in regulation 73(8)(a) before the expiry of the time limit mentioned in paragraph (14). (14) The time limit is 28 days starting with the day after the day on which the Director General seeks the chief executive’s views in accordance with regulation 73(8)(a), unless this period is extended by the Director General.
72 Final reports on investigations: complaints, conduct matters and certain DSI matters
(1) This regulation applies on the completion of an investigation of— (a) a complaint; or (b) a conduct matter. (2) A person appointed under regulation 42 must submit a report on the investigation to the chief executive. (3) A person appointed under regulation 43 or 44 must— (a) submit a report on the investigation to the Director General; and (b) send a copy of that report to the chief executive. (4) A person designated under regulation 45 as the person in charge of an investigation must— (a) submit a report on the investigation to the Director General; or (b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation. (5) A person submitting or, in the case of an investigation under regulation 45 by the Director General personally, completing a report under this regulation shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as the person thinks fit. (6) Where a person would contravene regulation 71 by submitting, or, as the case may be, sending a copy of, a report in its entirety to the chief executive under paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of regulation 71 the person must not disclose. (7) A person who has submitted or, in the case of an investigation under regulation 45 by the Director General acting personally, completed a report on an investigation under this regulation on an investigation to which regulation 49 applies must supply the chief executive with such copies of further documents or other items in that person’s possession as the chief executive may request, except so far as the person is prevented from doing so by regulation 71. (8) The chief executive may only make a request under paragraph (7) in respect of a copy of a document or other item if the chief executive — (a) considers that the document or item is of relevance to the investigation; and (b) requires a copy of the document or the item for a purpose mentioned in paragraph (9). (9) Those purposes are— (a) complying with any obligation which the chief executive has under disciplinary proceedings in relation to any person whose conduct is the subject matter of the investigation; (b) ensuring that any such person whose conduct is in question receives a fair hearing at any disciplinary proceedings in respect of any such conduct of that person. (10) A report on an investigation to which regulation 49 applies must— (a) include an accurate summary of the evidence; (b) be accompanied by, or refer to, any relevant documents; and (c) where the investigation was carried out under regulation 42, include the opinion of the person investigating as to the matters mentioned in paragraph (12)(a) and (b). (11) On completion of an investigation— (a) carried out under regulation 43, 44 or 45; and (b) to which regulation 49 applies, where the Director General seeks the views of the chief executive on the matters mentioned in regulation 73(8)(a), the Director General must notify the chief executive of the Director General’s opinion as to the matters mentioned in paragraph (12). (12) The matters are— (a) whether any person to whose conduct the investigation related has a case to answer in respect of their conduct, or has no case to answer; (b) whether or not any such person’s performance is unsatisfactory; (c) whether or not disciplinary proceedings should be brought against any such person; (d) whether or not performance proceedings should be brought against any such person. (13) For the purposes of paragraphs (10) and (11), the chief executive must provide the Director General with the chief executive’s views (if any) on the matters mentioned in regulation 73(8)(a) before the expiry of the time limit mentioned in paragraph (14). (14) The time limit is 28 days starting with the day after the day on which the Director General seeks the chief executive’s views in accordance with regulation 73(8)(a), unless this period is extended by the Director General.
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