The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
37 Power of the Director General to determine the form of an investigation
(1) This regulation applies where— (a) a complaint or recordable conduct matter or DSI matter is referred to the Director General or treated as having been so referred; and (b) the Director General determines under regulation 26(1), 30(1) or 35(1) that it is necessary for the complaint or matter to be investigated. (2) The Director General must determine which of the following forms the investigation must take— (a) an investigation by the Minister on the Minister’s own behalf; (b) an investigation by the Minister, a police force or the National Crime Agency under the direction of the Director General; (c) an investigation by the Director General. (3) In making a determination under paragraph (2) the Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the Minister on the Minister’s own behalf and, if it is, the Director General must determine that the investigation is to take that form. (4) Where, in accordance with paragraph (3), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the Minister on the Minister’s own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General unless paragraph (5) applies. (5) This paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the Minister, a police force or the National Crime Agency under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form. (6) Where the Director General determines under paragraph (5) or (8) that an investigation is to take the form of an investigation by the Minister, a police force or the National Crime Agency under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation. (7) If, on such a review, the Director General determines that— (a) it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form; or (b) having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the Minister on the Minister’s own behalf, the Director General may make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form. (8) Subject to paragraph (7), if at any time the Director General determines that, were the Director General to apply paragraphs (3) to (5) again, the form of the investigation would be different, the Director General may make a further determination (to replace the earlier one) such that the investigation takes that different form. (9) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint, recordable conduct matter or DSI matter in relation to which the Minister has already begun an investigation on the Minister’s own behalf, the Director General may give— (a) the Minister; and (b) any person previously appointed to carry out the investigation, such directions as the Director General considers appropriate for the purpose of giving effect to the new determination. (10) A person to whom a direction is given under paragraph (9) must comply with it. (11) The Director General must notify the Minister of any determination that the Director General makes under this regulation in relation to a complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination. (12) The Director General must also notify the following of any determination that the Director General makes under this regulation in relation to a complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination— (a) interested persons in relation to the complaint, recordable conduct matter or DSI matter; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the investigation will relate. (13) Paragraph (12)(a) and (b) are subject to regulation 64.
37 Power of the Director General to determine the form of an investigation
(1) This regulation applies where— (a) a complaint or recordable conduct matter or DSI matter is referred to the Director General or treated as having been so referred; and (b) the Director General determines under regulation 26(1), 30(1) or 35(1) that it is necessary for the complaint or matter to be investigated. (2) The Director General must determine which of the following forms the investigation must take— (a) an investigation by the Minister on the Minister’s own behalf; (b) an investigation by the Minister, a police force or the National Crime Agency under the direction of the Director General; (c) an investigation by the Director General. (3) In making a determination under paragraph (2) the Director General must first determine whether, having regard to the seriousness of the case and the public interest, it is appropriate for the investigation to take the form of an investigation by the Minister on the Minister’s own behalf and, if it is, the Director General must determine that the investigation is to take that form. (4) Where, in accordance with paragraph (3), the Director General determines that it is not appropriate for the investigation to take the form of an investigation by the Minister on the Minister’s own behalf, the Director General must determine that the investigation is to take the form of an investigation by the Director General unless paragraph (5) applies. (5) This paragraph applies where the Director General determines that it would be more appropriate for the investigation to take the form of an investigation by the Minister, a police force or the National Crime Agency under the direction of the Director General, in which case the Director General must determine that the investigation is to take that form. (6) Where the Director General determines under paragraph (5) or (8) that an investigation is to take the form of an investigation by the Minister, a police force or the National Crime Agency under the direction of the Director General, the Director General must keep under review whether that form of investigation continues to be the most appropriate form of investigation. (7) If, on such a review, the Director General determines that— (a) it would be more appropriate for the investigation to take the form of an investigation by the Director General, the Director General must make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form; or (b) having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the Minister on the Minister’s own behalf, the Director General may make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form. (8) Subject to paragraph (7), if at any time the Director General determines that, were the Director General to apply paragraphs (3) to (5) again, the form of the investigation would be different, the Director General may make a further determination (to replace the earlier one) such that the investigation takes that different form. (9) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint, recordable conduct matter or DSI matter in relation to which the Minister has already begun an investigation on the Minister’s own behalf, the Director General may give— (a) the Minister; and (b) any person previously appointed to carry out the investigation, such directions as the Director General considers appropriate for the purpose of giving effect to the new determination. (10) A person to whom a direction is given under paragraph (9) must comply with it. (11) The Director General must notify the Minister of any determination that the Director General makes under this regulation in relation to a complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination. (12) The Director General must also notify the following of any determination that the Director General makes under this regulation in relation to a complaint, recordable conduct matter or DSI matter, and of the Director General’s reasons for making the determination— (a) interested persons in relation to the complaint, recordable conduct matter or DSI matter; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the investigation will relate. (13) Paragraph (12)(a) and (b) are subject to regulation 64.
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