The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
77 Action by the Director General in response to an investigation report under regulation 75
(1) This regulation applies to the determination by the Director General under regulation 75(6). (2) This paragraph applies where the Director General determines under regulation 75(6) that there is no indication in the report that an officer may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings. (3) Where paragraph (2) applies, the Director General may notify the chief executive that the chief executive must determine— (a) whether or not the performance of a person whose conduct is under investigation is unsatisfactory; and (b) what action (if any) the chief executive will take in respect of the performance of the person mentioned in sub-paragraph (a). (4) On receipt of a notification under paragraph (3) the chief executive must make the determinations and submit a memorandum to the Director General setting out the determinations the chief executive has made. (5) On receipt of a memorandum under paragraph (4), the Director General must— (a) consider the memorandum and consider whether the chief executive has made the determinations under paragraph (3) that the Director General considers appropriate; (b) determine whether or not to make recommendations under regulation 78; (c) make such recommendations (if any) under regulation 78 as the Director General thinks fit. (6) Paragraphs (3) and (5) do not affect any power of the Director General to make recommendations or give advice under regulation 6 in other cases, whether arising under these Regulations or otherwise. (7) If the Director General determines under regulation 75(6) that the report indicates that an officer may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must notify the chief executive of the Director General’s determination, and, if it appears that the chief executive has not already been sent a copy of the report, send a copy of the report to the chief executive. (8) Where the chief executive is notified under paragraph (7) of a determination by the Director General, the chief executive must record the matter under regulation 19 as a conduct matter (and the other provisions of these Regulations apply in relation to that matter accordingly). (9) Where a DSI matter is recorded under regulation 19 as a conduct matter by virtue of paragraph (8)— (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 36(9), investigate the conduct matter as if appointed or, as the case may be, designated to do so; and (b) the other provisions of these Regulations apply in relation to that matter accordingly.
77 Action by the Director General in response to an investigation report under regulation 75
(1) This regulation applies to the determination by the Director General under regulation 75(6). (2) This paragraph applies where the Director General determines under regulation 75(6) that there is no indication in the report that an officer may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings. (3) Where paragraph (2) applies, the Director General may notify the chief executive that the chief executive must determine— (a) whether or not the performance of a person whose conduct is under investigation is unsatisfactory; and (b) what action (if any) the chief executive will take in respect of the performance of the person mentioned in sub-paragraph (a). (4) On receipt of a notification under paragraph (3) the chief executive must make the determinations and submit a memorandum to the Director General setting out the determinations the chief executive has made. (5) On receipt of a memorandum under paragraph (4), the Director General must— (a) consider the memorandum and consider whether the chief executive has made the determinations under paragraph (3) that the Director General considers appropriate; (b) determine whether or not to make recommendations under regulation 78; (c) make such recommendations (if any) under regulation 78 as the Director General thinks fit. (6) Paragraphs (3) and (5) do not affect any power of the Director General to make recommendations or give advice under regulation 6 in other cases, whether arising under these Regulations or otherwise. (7) If the Director General determines under regulation 75(6) that the report indicates that an officer may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must notify the chief executive of the Director General’s determination, and, if it appears that the chief executive has not already been sent a copy of the report, send a copy of the report to the chief executive. (8) Where the chief executive is notified under paragraph (7) of a determination by the Director General, the chief executive must record the matter under regulation 19 as a conduct matter (and the other provisions of these Regulations apply in relation to that matter accordingly). (9) Where a DSI matter is recorded under regulation 19 as a conduct matter by virtue of paragraph (8)— (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 36(9), investigate the conduct matter as if appointed or, as the case may be, designated to do so; and (b) the other provisions of these Regulations apply in relation to that matter accordingly.
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