The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
49 Special procedure: notification of severity assessment etc.
(1) Except where paragraph (4) applies, on the completion of a severity assessment, the person investigating must give the person concerned a notice stating— (a) the conduct that is the subject matter of the investigation and how that conduct is alleged to fall below the standards contained in the Civil Service Code; (b) that there is an investigation into the matter and the identity of the person investigating; (c) the result of the severity assessment; (d) that the person concerned has the right to seek advice from the person’s staff association or any other body; (e) the effect of regulation 50; and (f) the effect of regulation 52. (2) Where a notice is given under paragraph (1), the person investigating must— (a) except where paragraph (4) applies, provide a copy of the terms of reference of the investigation to the person concerned; or (b) where paragraph (4) applies, give the person concerned a notice stating that the terms of reference of the investigation are not being provided and explaining why, where practicable, at the same time as notice is given under paragraph (1), or otherwise within a period of five working days beginning with the first working day after the day on which such notice is given. (3) Except where paragraph (4) applies, where a copy of the terms of reference of the investigation has been provided under paragraph (2) and those terms are revised, the person investigating must provide a copy of the revised terms to the person concerned as soon as practicable. (4) This paragraph applies for so long as— (a) in the case of an investigation under regulation 40, 41 or 42, the Director General; or (b) in the case of an investigation under regulation 39, the person investigating the complaint or recordable conduct matter, considers that giving the notice, or providing a copy of the terms, or revised terms, of reference of the investigation, might prejudice the investigation or any other investigation or proceedings, including a criminal investigation or criminal proceedings. (5) A copy of the terms, or revised terms, of reference of the investigation provided under paragraph (2) or (3) may be in a form which keeps anonymous the identity of the complainant (if any) or any other person. (6) A notice under paragraph (1), a notice under paragraph (2)(b) and a copy of the terms, or revised terms, of reference of the investigation under paragraph (2) or (3) must be— (a) given to the person concerned in person; (b) left with a person at, or sent by recorded delivery to, the last known address of the person concerned; (c) given to the person concerned in person by their PSFA friend, where the PSFA friend has agreed with the Minister to deliver the notice; or (d) given to the person concerned in any other manner agreed between the person investigating and the person concerned.
49 Special procedure: notification of severity assessment etc.
(1) Except where paragraph (4) applies, on the completion of a severity assessment, the person investigating must give the person concerned a notice stating— (a) the conduct that is the subject matter of the investigation and how that conduct is alleged to fall below the standards contained in the Civil Service Code; (b) that there is an investigation into the matter and the identity of the person investigating; (c) the result of the severity assessment; (d) that the person concerned has the right to seek advice from the person’s staff association or any other body; (e) the effect of regulation 50; and (f) the effect of regulation 52. (2) Where a notice is given under paragraph (1), the person investigating must— (a) except where paragraph (4) applies, provide a copy of the terms of reference of the investigation to the person concerned; or (b) where paragraph (4) applies, give the person concerned a notice stating that the terms of reference of the investigation are not being provided and explaining why, where practicable, at the same time as notice is given under paragraph (1), or otherwise within a period of five working days beginning with the first working day after the day on which such notice is given. (3) Except where paragraph (4) applies, where a copy of the terms of reference of the investigation has been provided under paragraph (2) and those terms are revised, the person investigating must provide a copy of the revised terms to the person concerned as soon as practicable. (4) This paragraph applies for so long as— (a) in the case of an investigation under regulation 40, 41 or 42, the Director General; or (b) in the case of an investigation under regulation 39, the person investigating the complaint or recordable conduct matter, considers that giving the notice, or providing a copy of the terms, or revised terms, of reference of the investigation, might prejudice the investigation or any other investigation or proceedings, including a criminal investigation or criminal proceedings. (5) A copy of the terms, or revised terms, of reference of the investigation provided under paragraph (2) or (3) may be in a form which keeps anonymous the identity of the complainant (if any) or any other person. (6) A notice under paragraph (1), a notice under paragraph (2)(b) and a copy of the terms, or revised terms, of reference of the investigation under paragraph (2) or (3) must be— (a) given to the person concerned in person; (b) left with a person at, or sent by recorded delivery to, the last known address of the person concerned; (c) given to the person concerned in person by their PSFA friend, where the PSFA friend has agreed with the Minister to deliver the notice; or (d) given to the person concerned in any other manner agreed between the person investigating and the person concerned.
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