The Authorised Investigators (Complaints and Misconduct) Regulations 2026

2 Interpretation

(1) In these Regulations— “the 2002 Act” means the Police Reform Act 2002; “the 2025 Act” means the Public Authorities (Fraud, Error and Recovery) Act 2025; “authorised functions” means the functions conferred on authorised investigators by section 7 of the 2025 Act (Police and Criminal Evidence Act 1984 powers for authorised investigators); “authorised investigator” has the meaning given in section 7 of the 2025 Act; “chief officer” means, in relation to a police force, the chief officer of police of that police force; “complainant” means— in the case of a complaint falling within regulation 4(1)(d), the person on whose behalf the complaint was made; in the case of a complaint not falling within regulation 4(1)(d), the person by whom the complaint was made; but where any person is acting on another’s behalf for the purposes of any complaint, anything that is to be, or that may be, done under these Regulations by, or in relation to, the complainant may be done by, or in relation to, the person acting on the complainant’s behalf; “complaint” has the meaning given by regulation 4(1) and includes a purported complaint; “conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred) by an authorised investigator, while acting in the exercise of authorised functions; “conduct matter” has the meaning given by regulation 4(2)(a); “death or serious injury matter” and “DSI matter” have the meaning given by regulation 4(2)(b); “disciplinary proceedings” means any proceedings or management process during which the conduct of an authorised investigator is considered in order to determine whether a sanction or punitive measure should be imposed against that person in relation to that conduct; “information notice” has the meaning given in regulation 67(1); “Inspectors of Constabulary” means His Majesty’s Inspectors of Constabulary appointed under section 54 of the 1996 Act; “interested person” has the meaning given in regulation 62; “performance proceedings” means any proceedings or management process during which the performance of a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it; “person complained against”, in relation to a complaint, means the person whose conduct is the subject matter of the complaint; “person concerned” has the meaning given in regulation 48(11); “person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed to investigate or designated to take charge of an investigation; “PSFA” means the Public Sector Fraud Authority; “ PSFA friend” means a person chosen under regulation 50(2); “Public Sector Fraud Authority” means the non-statutory body known as the Public Sector Fraud Authority; “recordable conduct matter” means a conduct matter that is required to be recorded by the Minister under regulation 21 or 22, or which has been so recorded; “relevant document” means, in relation to a complaint, recordable conduct matter or DSI matter under investigation, a document relating to that complaint or matter (and includes a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed), but this definition does not apply in relation to regulation 71; “relevant offence” means— an offence for which the sentence is fixed by law; or an offence for which a person aged 18 years or over, who has not previously been convicted, may be sentenced to imprisonment for a term of seven years or more (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates’ Courts Act 1980); “relevant statement” means, in relation to a complaint, recordable conduct matter or DSI matter under investigation, an oral or written statement relating to that complaint or matter; “severity assessment” means, in relation to conduct, an assessment as to— whether the conduct, if proved, would amount to gross misconduct or misconduct that is so serious as to justify the commencement of disciplinary proceedings; and if the conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take; “working day” means any day other than— Saturday or Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. (2) References in these Regulations to a “member of the public”, in relation to any conduct or anything purporting to be a complaint about any conduct, do not include references to an authorised investigator. (3) For the purposes of these Regulations, a person is adversely affected if that person— (a) suffers or is unduly put at risk of suffering any form of loss, damage, distress or inconvenience; or (b) is, or is unduly put at risk of being, in danger. (4) References in these Regulations to the investigation of any complaint, recordable conduct matter or DSI matter by the Minister, under the direction of the Director General, or by the Director General are to be construed as references to the Director General’s investigation in accordance with— (a) regulation 39 (investigations by the Minister on the Minister’s own behalf); (b) regulation 40 (investigation by a police force or the National Crime Agency under the direction of the Director General); (c) regulation 41 (investigations by the Minister under the direction of the Director General); or (d) regulation 42 (investigations by the Director General).