The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
86 Response to recommendation
(1) A person to whom a recommendation under regulation 85 is made must provide to the Director General a response in writing stating— (a) what action the person has taken or proposes to take in response to the recommendation; or (b) why the person has not taken, or does not propose to take, any action in response. (2) The person must provide the response to the Director General before the end of the period of 56 days starting with the day on which the recommendation was made, unless paragraph (3) applies. (3) The Director General may extend the period of 56 days following an application received before the end of the period; and if the Director General grants an extension, the person must provide the response before the end of the extended period. (4) But if proceedings for judicial review of the Director General’s decision to make a recommendation are started during the period allowed by paragraph (2) or (3), that period is extended by however many days the proceedings are in progress. (5) On receiving a response, the Director General must, within the period of 21 days starting with the day on which the Director General received it— (a) publish the response; and (b) send a copy of it to any person who was sent a copy of the recommendation under regulation 85(5)(b), unless the person giving the response has made representations under paragraph (6). (6) The person giving the response may, at the time of providing it to the Director General, make representations to the Director General asserting that the requirements of publication and disclosure under paragraph (5) should not apply to the response, or to particular parts of it. (7) On receiving such representations, the Director General may decide— (a) that the response should not be published, or that only parts of it should be published; (b) that the response should not be disclosed, or that only parts of it should be disclosed. (8) Where, following a decision on such representations, the Director General decides to publish or disclose a response (in whole or in part), the Director General must do so only after the person giving the response has been informed of the Director General’s decision, and— (a) in a case where the Director General has decided to accept all of the representations, the Director General must do so within the period of 21 days starting with the day on which the Director General received the response; (b) in a case where the Director General has decided to reject any of the representations, the Director General must do so— (i) within the period of 21 days starting with the day on which the person was informed of the Director General’s decision on the representations; but (ii) not before the end of the period of 7 days starting with that day. (9) But if proceedings for judicial review of the Director General’s decision to reject a representation are started during the period of 7 days referred to in paragraph (8)(b)(ii)— (a) the Director General must not publish or disclose the response while the proceedings are in progress; (b) if the court upholds the Director General’s decision to reject a representation, the Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days starting with the day on which the proceedings are no longer in progress. (10) Where the chief executive makes a response under this regulation, the chief executive must, at the time the Director General publishes the response, also publish the response (to the same extent as published by the Director General) and the recommendation under regulation 85. (11) For the purposes of this regulation— (a) “disclosing” a response means sending a copy of it as mentioned in paragraph (5)(b); (b) the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought. (12) This regulation does not apply, or ceases to apply, in relation to a recommendation made under regulation 85 if the Director General determines under regulation 80 that the complaint, recordable conduct matter or DSI matter that the Director General received a report on, or otherwise completed one on in relation to an investigation carried out under regulation 45 by the Director General personally, is to be re-investigated.
86 Response to recommendation
(1) A person to whom a recommendation under regulation 85 is made must provide to the Director General a response in writing stating— (a) what action the person has taken or proposes to take in response to the recommendation; or (b) why the person has not taken, or does not propose to take, any action in response. (2) The person must provide the response to the Director General before the end of the period of 56 days starting with the day on which the recommendation was made, unless paragraph (3) applies. (3) The Director General may extend the period of 56 days following an application received before the end of the period; and if the Director General grants an extension, the person must provide the response before the end of the extended period. (4) But if proceedings for judicial review of the Director General’s decision to make a recommendation are started during the period allowed by paragraph (2) or (3), that period is extended by however many days the proceedings are in progress. (5) On receiving a response, the Director General must, within the period of 21 days starting with the day on which the Director General received it— (a) publish the response; and (b) send a copy of it to any person who was sent a copy of the recommendation under regulation 85(5)(b), unless the person giving the response has made representations under paragraph (6). (6) The person giving the response may, at the time of providing it to the Director General, make representations to the Director General asserting that the requirements of publication and disclosure under paragraph (5) should not apply to the response, or to particular parts of it. (7) On receiving such representations, the Director General may decide— (a) that the response should not be published, or that only parts of it should be published; (b) that the response should not be disclosed, or that only parts of it should be disclosed. (8) Where, following a decision on such representations, the Director General decides to publish or disclose a response (in whole or in part), the Director General must do so only after the person giving the response has been informed of the Director General’s decision, and— (a) in a case where the Director General has decided to accept all of the representations, the Director General must do so within the period of 21 days starting with the day on which the Director General received the response; (b) in a case where the Director General has decided to reject any of the representations, the Director General must do so— (i) within the period of 21 days starting with the day on which the person was informed of the Director General’s decision on the representations; but (ii) not before the end of the period of 7 days starting with that day. (9) But if proceedings for judicial review of the Director General’s decision to reject a representation are started during the period of 7 days referred to in paragraph (8)(b)(ii)— (a) the Director General must not publish or disclose the response while the proceedings are in progress; (b) if the court upholds the Director General’s decision to reject a representation, the Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days starting with the day on which the proceedings are no longer in progress. (10) Where the chief executive makes a response under this regulation, the chief executive must, at the time the Director General publishes the response, also publish the response (to the same extent as published by the Director General) and the recommendation under regulation 85. (11) For the purposes of this regulation— (a) “disclosing” a response means sending a copy of it as mentioned in paragraph (5)(b); (b) the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought. (12) This regulation does not apply, or ceases to apply, in relation to a recommendation made under regulation 85 if the Director General determines under regulation 80 that the complaint, recordable conduct matter or DSI matter that the Director General received a report on, or otherwise completed one on in relation to an investigation carried out under regulation 45 by the Director General personally, is to be re-investigated.
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