The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
78 Duties with respect to disciplinary proceedings
(1) This regulation applies where, in the case of any investigation, the chief executive has submitted, or is required to submit, a memorandum to the Director General under regulation 77(4). (2) But this regulation does not apply, or ceases to apply, in relation to the investigation if the Director General determines under regulation 80 that the DSI matter is to be re-investigated. (3) Subject to regulation 57, and to any recommendations or directions under this regulation, the chief executive must— (a) take the action which is, or which is required to be, set out in the memorandum; and (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion. (4) The Director General may make a recommendation to the chief executive— (a) that the performance of a person whose conduct is under investigation is, or is not, satisfactory; (b) that action is taken in respect of the performance of the person mentioned in sub-paragraph (a), and the chief executive must notify the Director General whether the chief executive accepts the recommendation and (if the chief executive does) set out in the notification the steps that the chief executive is proposing to take to give effect to the recommendation. (5) If, after the Director General has made a recommendation under this regulation, the chief executive does not take steps to secure that full effect is given to the recommendation— (a) the Director General may direct the chief executive to take steps for that purpose; and (b) the chief executive must comply with a direction under sub-paragraph (a). (6) A direction under paragraph (5) may, to such extent as the Director General thinks fit, set out the steps to be taken by the chief executive in order to give effect to the recommendation. (7) Where the Director General gives the chief executive a direction under this regulation, the Director General must supply the chief executive with a statement of the Director General’s reasons for doing so. (8) Where disciplinary or other proceedings have been brought in accordance with a recommendation or direction under this regulation, the chief executive must ensure that they are proceeded with to a proper conclusion. (9) The Director General may at any time withdraw a direction given under this regulation, and paragraph (8) does not impose any obligation in relation to any time after the withdrawal of the direction. (10) The chief executive must keep the Director General informed— (a) of whatever action the chief executive takes in pursuance of the chief executive’s duties under paragraph (3); and (b) in every case of a recommendation or direction under this regulation, of whatever action the chief executive takes in response to that recommendation or direction.
78 Duties with respect to disciplinary proceedings
(1) This regulation applies where, in the case of any investigation, the chief executive has submitted, or is required to submit, a memorandum to the Director General under regulation 77(4). (2) But this regulation does not apply, or ceases to apply, in relation to the investigation if the Director General determines under regulation 80 that the DSI matter is to be re-investigated. (3) Subject to regulation 57, and to any recommendations or directions under this regulation, the chief executive must— (a) take the action which is, or which is required to be, set out in the memorandum; and (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion. (4) The Director General may make a recommendation to the chief executive— (a) that the performance of a person whose conduct is under investigation is, or is not, satisfactory; (b) that action is taken in respect of the performance of the person mentioned in sub-paragraph (a), and the chief executive must notify the Director General whether the chief executive accepts the recommendation and (if the chief executive does) set out in the notification the steps that the chief executive is proposing to take to give effect to the recommendation. (5) If, after the Director General has made a recommendation under this regulation, the chief executive does not take steps to secure that full effect is given to the recommendation— (a) the Director General may direct the chief executive to take steps for that purpose; and (b) the chief executive must comply with a direction under sub-paragraph (a). (6) A direction under paragraph (5) may, to such extent as the Director General thinks fit, set out the steps to be taken by the chief executive in order to give effect to the recommendation. (7) Where the Director General gives the chief executive a direction under this regulation, the Director General must supply the chief executive with a statement of the Director General’s reasons for doing so. (8) Where disciplinary or other proceedings have been brought in accordance with a recommendation or direction under this regulation, the chief executive must ensure that they are proceeded with to a proper conclusion. (9) The Director General may at any time withdraw a direction given under this regulation, and paragraph (8) does not impose any obligation in relation to any time after the withdrawal of the direction. (10) The chief executive must keep the Director General informed— (a) of whatever action the chief executive takes in pursuance of the chief executive’s duties under paragraph (3); and (b) in every case of a recommendation or direction under this regulation, of whatever action the chief executive takes in response to that recommendation or direction.
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