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The Authorised Investigators (Complaints and Misconduct) Regulations 2026

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Change 1

What to do with it
As published

26 Duties of the Director General on references under regulation 24 or complaints treated as having been so referred under regulation 25

(1) The Director General must, in the case of every complaint referred to the Director General by the Minister under regulation 24, or treated as having been so referred under regulation 25, determine whether or not it is necessary for the complaint to be investigated by the Director General. (2) Where the Director General determines under this regulation that it is not necessary for a complaint to be investigated by the Director General— (a) in a case where the complaint is already being investigated by the Minister on the Minister’s own behalf (and notwithstanding the Director General’s determination), the Director General must refer the complaint to the Minister for the investigation to be completed; (b) in any other case, the Director General may, if the Director General thinks fit, refer the complaint to the Minister to be dealt with by the Minister in accordance with regulation 18. (3) Where the Director General refers a complaint under paragraph (2), the Director General must give a notification of the making of the reference— (a) to the complainant; and (b) except in a case where it appears to the Director General that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).

Your change, as a redline

26 Duties of the Director General on references under regulation 24 or complaints treated as having been so referred under regulation 25

(1) The Director General must, in the case of every complaint referred to the Director General by the Minister under regulation 24, or treated as having been so referred under regulation 25, determine whether or not it is necessary for the complaint to be investigated by the Director General. (2) Where the Director General determines under this regulation that it is not necessary for a complaint to be investigated by the Director General— (a) in a case where the complaint is already being investigated by the Minister on the Minister’s own behalf (and notwithstanding the Director General’s determination), the Director General must refer the complaint to the Minister for the investigation to be completed; (b) in any other case, the Director General may, if the Director General thinks fit, refer the complaint to the Minister to be dealt with by the Minister in accordance with regulation 18. (3) Where the Director General refers a complaint under paragraph (2), the Director General must give a notification of the making of the reference— (a) to the complainant; and (b) except in a case where it appears to the Director General that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).

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