The Food Crime Officers (Complaints and Misconduct) Regulations 2025

73 Action by the Director General in relation to an investigation report under regulation 72

(1) This regulation applies where— (a) a report on an investigation carried out under the direction of the Director General is sub-mitted to the Director General under regulation 72(3); or (b) a report on an investigation carried out by a person designated by the Director General is submitted to the Director General, or is otherwise completed, under regulation 72(4). (2) But if, following the submission or completion of such a report, the Director General determines under regulation 80 that the complaint or recordable conduct matter is to be re-investigated, the provisions of this regulation other than paragraph (3)(a), read with paragraph (4), do not apply, or cease to apply, in relation to that report. (3) On receipt of the report, or on its completion by the Director General, the Director General— (a) must send a copy of the report to the chief executive if it appears that the chief executive has not already been sent a copy of the report; (b) must determine whether the conditions in paragraphs (5) and (6) are satisfied in respect of the report; (c) if the Director General determines that the conditions in paragraphs (5) and (6) are satisfied, must notify the Director of Public Prosecutions of that determination and send the Director of Public Prosecutions a copy of the report; and (d) must notify the chief executive and— (i) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 60; and (ii) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation, of the Director General’s determination under sub-paragraph (b) and of any action taken by the Director General under sub-paragraph (c). (4) Where the Director General would contravene regulation 71 by sending a copy of a report in its entirety to the chief executive under paragraph (3)(a) or to the Director of Public Prosecutions under paragraph (3)(c), the Director General must instead send a copy of the report after having removed or obscured the information which by virtue of regulation 71 the Director General must not disclose. (5) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related. (6) The second condition is that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (7) The Director of Public Prosecutions must notify the Director General of any decision of the Director of Public Prosecutions to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to the Director of Public Prosecutions under paragraph (3)(c). (8) On receipt of the report, or on its completion by the Director General, the Director General must also— (a) seek the views of the chief executive on— (i) 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; (ii) whether or not any such person’s performance is unsatisfactory; and (iii) the other matters (if any) dealt with in the report (but not on whether the conditions in paragraphs (5) and (6) are satisfied in respect of the report); (b) having considered the views (if any) of the chief executive, make a determination as to— (i) the matters described in sub-paragraph (a)(i) and (ii); and (ii) whether or not disciplinary proceedings should be brought against any person to whose conduct the investigation related; (c) having considered the views (if any) of the chief executive and if the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that the Director General is required to make under paragraph (3)(b) or sub-paragraph (b) of this paragraph; (d) notify the chief executive of the determination under sub-paragraph (b) and any determination under sub-paragraph (c); (e) where the Director General determines that disciplinary proceedings should be brought against a person, direct the chief executive to bring those proceedings; and (f) direct the chief executive to determine what action (if any) the chief executive will, in the chief executive’s discretion, take, other than action involving the bringing of disciplinary proceedings, in respect of the matters dealt with in the report and having regard to the Director General’s determination under sub-paragraph (b) and any determination under sub-paragraph (c). (9) The chief executive must comply with a direction given under paragraph (8)(e) and must secure that the proceedings, once brought, are proceeded with to a proper conclusion. (10) The Director General may at any time withdraw a direction given under paragraph (8)(e); and paragraph (9) shall not impose any obligation in relation to any time after the withdrawal of the direction. (11) The chief executive must keep the Director General informed of the action the chief executive takes in response to a direction given under paragraph (8)(e). (12) The chief executive must comply with a direction given under paragraph (8)(f) and must notify the Director General of the determination the chief executive makes. (13) On receipt of the report, or on its completion by the Director General, where it is a report of an investigation of a complaint, the Director General may also make a recommendation under regulation 87.