The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
74 Action by the chief executive in response to an investigation report under regulation 72
(1) This regulation applies where a report of an investigation is submitted to the chief executive in accordance with regulation 72(2). (2) On receipt of the report, the chief executive must— (a) determine whether the conditions in paragraphs (3) and (4) are satisfied in respect of the report; (b) if the chief executive determines that the conditions in paragraphs (3) and (4) are satisfied, notify the Director of Public Prosecutions of the determination and send the Director of Public Prosecutions a copy of the report; and (c) notify the persons mentioned in paragraph (6) of the chief executive’s determination under sub-paragraph (a) and of any action taken by the chief executive under sub-paragraph (b). (3) 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. (4) The second condition is that the circumstances are such that, in the opinion of the chief executive, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (5) The Director of Public Prosecutions must notify the chief executive 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 (2)(b). (6) The persons are— (a) 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 (b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation. (7) On receipt of the report, the chief executive must— (a) determine 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) determine whether or not any such person’s performance is unsatisfactory; (c) determine what action (if any) the chief executive is required to, or will in the chief executive’s discretion, take in respect of the matters dealt with in the report; and (d) if the chief executive 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 chief executive is required to make under paragraph (2)(a) or sub-paragraphs (a) to (c) of this paragraph. (8) It shall be the duty of the chief executive— (a) to take the action which the chief executive determines under paragraph (7) that the chief executive is required to, or will in the chief executive’s discretion, take; and (b) in a case where that action consists of, or includes, the bringing of disciplinary proceedings, secure that those proceedings, once brought, are proceeded with to a proper conclusion.
74 Action by the chief executive in response to an investigation report under regulation 72
(1) This regulation applies where a report of an investigation is submitted to the chief executive in accordance with regulation 72(2). (2) On receipt of the report, the chief executive must— (a) determine whether the conditions in paragraphs (3) and (4) are satisfied in respect of the report; (b) if the chief executive determines that the conditions in paragraphs (3) and (4) are satisfied, notify the Director of Public Prosecutions of the determination and send the Director of Public Prosecutions a copy of the report; and (c) notify the persons mentioned in paragraph (6) of the chief executive’s determination under sub-paragraph (a) and of any action taken by the chief executive under sub-paragraph (b). (3) 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. (4) The second condition is that the circumstances are such that, in the opinion of the chief executive, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (5) The Director of Public Prosecutions must notify the chief executive 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 (2)(b). (6) The persons are— (a) 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 (b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation. (7) On receipt of the report, the chief executive must— (a) determine 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) determine whether or not any such person’s performance is unsatisfactory; (c) determine what action (if any) the chief executive is required to, or will in the chief executive’s discretion, take in respect of the matters dealt with in the report; and (d) if the chief executive 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 chief executive is required to make under paragraph (2)(a) or sub-paragraphs (a) to (c) of this paragraph. (8) It shall be the duty of the chief executive— (a) to take the action which the chief executive determines under paragraph (7) that the chief executive is required to, or will in the chief executive’s discretion, take; and (b) in a case where that action consists of, or includes, the bringing of disciplinary proceedings, secure that those proceedings, once brought, are proceeded with to a proper conclusion.
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