The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
28 Reference of recordable conduct matters to the Director General
(1) The Minister must refer a recordable conduct matter to the Director General, whether or not the case falls within regulation 21, if— (a) that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury; (b) that matter involves the commission, or the alleged commission, of— (i) a serious assault, as determined in guidance issued by the Director General; (ii) a serious sexual offence, as determined in guidance issued by the Director General; (iii) serious corruption, including abuse of position for a sexual purpose or the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General; (iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which, in either case, was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status, as determined in guidance issued by the Director General; (v) a relevant offence; or (vi) conduct which is alleged to have taken place in the same incident as one in which conduct within paragraphs (i) to (v) is alleged; or (c) the Director General notifies the Minister that the Director General requires that matter to be referred to the Director General for the Director General’s consideration. (2) In any case where there is no obligation under paragraph (1) to make a reference, the Minister may refer a recordable conduct matter to the Director General if the Minister considers that it would be appropriate to do so by reason of— (a) the gravity of the matter; or (b) any exceptional circumstances. (3) Where there is an obligation under paragraph (1) to refer any matter to the Director General, it must be so referred within such period as is provided for by regulation 27. (4) Subject to paragraph (6), the power of— (a) the Director General by virtue of paragraph (1)(c) to require a matter to be referred to the Director General; (b) the Minister to refer any matter to the Director General under paragraph (2), may be exercised at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Director General. (5) The Minister must give a notification of the making of a reference under this regulation to the person to whose conduct the matter relates, unless the Minister considers that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one). (6) A matter that has already been referred to the Director General under this regulation on a previous occasion or that has been treated as having been so referred by virtue of regulation 29— (a) is not required to be referred again under this regulation unless the Director General so directs; and (b) may only be referred under paragraph (2) if the Director General consents.
28 Reference of recordable conduct matters to the Director General
(1) The Minister must refer a recordable conduct matter to the Director General, whether or not the case falls within regulation 21, if— (a) that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury; (b) that matter involves the commission, or the alleged commission, of— (i) a serious assault, as determined in guidance issued by the Director General; (ii) a serious sexual offence, as determined in guidance issued by the Director General; (iii) serious corruption, including abuse of position for a sexual purpose or the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General; (iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which, in either case, was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status, as determined in guidance issued by the Director General; (v) a relevant offence; or (vi) conduct which is alleged to have taken place in the same incident as one in which conduct within paragraphs (i) to (v) is alleged; or (c) the Director General notifies the Minister that the Director General requires that matter to be referred to the Director General for the Director General’s consideration. (2) In any case where there is no obligation under paragraph (1) to make a reference, the Minister may refer a recordable conduct matter to the Director General if the Minister considers that it would be appropriate to do so by reason of— (a) the gravity of the matter; or (b) any exceptional circumstances. (3) Where there is an obligation under paragraph (1) to refer any matter to the Director General, it must be so referred within such period as is provided for by regulation 27. (4) Subject to paragraph (6), the power of— (a) the Director General by virtue of paragraph (1)(c) to require a matter to be referred to the Director General; (b) the Minister to refer any matter to the Director General under paragraph (2), may be exercised at any time irrespective of whether the matter is already being investigated by any person or has already been considered by the Director General. (5) The Minister must give a notification of the making of a reference under this regulation to the person to whose conduct the matter relates, unless the Minister considers that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one). (6) A matter that has already been referred to the Director General under this regulation on a previous occasion or that has been treated as having been so referred by virtue of regulation 29— (a) is not required to be referred again under this regulation unless the Director General so directs; and (b) may only be referred under paragraph (2) if the Director General consents.
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