The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
55 Interview of an authorised investigator during investigations
(1) This paragraph applies in relation to an interview which— (a) is held with an authorised investigator during the course of the investigation by the person investigating a complaint, recordable conduct matter or DSI matter; and (b) does not fall within regulation 54. (2) The person investigating must— (a) give written notice to the person who is to be interviewed (“the interviewee”) that the interview will take place in accordance with this regulation; and (b) if reasonably practicable, agree a date and time for the interview with the interviewee. (3) Where no date and time is agreed under paragraph (2), the person investigating must specify a date and time for the interview. (4) Where a date and time is specified under paragraph (3) and— (a) the interviewee or the accompanying person will not be available at that time; and (b) the interviewee proposes an alternative time which satisfies paragraph (5), the interview must be postponed to the time proposed by the interviewee. (5) An alternative time proposed by the interviewee must— (a) be reasonable; and (b) fall before the end of the period of five working days beginning with the first working day after the day specified under paragraph (2)(b) or (3) by the person investigating. (6) The person investigating must, in advance of the interview, give the interviewee— (a) a notice stating the date, time and place of the interview; and (b) such information as the person investigating considers appropriate in the circumstances of the case to enable the interviewee to prepare for the interview. (7) The interviewee must attend the interview. (8) An accompanying person may accompany the interviewee to the interview under this regulation, and— (a) during, and in relation to, the interview may— (i) advise the interviewee; (ii) provide any relevant statement or relevant document to the person investigating; but (b) may not answer any questions asked of the interviewee during the interview. (9) The Minister must permit an accompanying person to use a reasonable amount of their contractual working time for the purposes of this regulation. (10) Nothing in this regulation applies to an interview of any person— (a) in relation to an investigation of a complaint, in respect of which it appears to the person investigating that there is an indication that the person to whose conduct the investigation relates may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings; or (b) in relation to an investigation of a recordable conduct matter, to whose conduct the investigation relates. (11) Nothing in this regulation prevents or restricts the holding of interviews to which this regulation does not apply during the course of any investigation under these Regulations. (12) In this regulation, “accompanying person” means a person who is— (a) an authorised investigator or a person employed by the Crown in service of the Cabinet Office who performs the functions of the PSFA; (b) nominated by the interviewee; and (c) not otherwise involved in the case.
55 Interview of an authorised investigator during investigations
(1) This paragraph applies in relation to an interview which— (a) is held with an authorised investigator during the course of the investigation by the person investigating a complaint, recordable conduct matter or DSI matter; and (b) does not fall within regulation 54. (2) The person investigating must— (a) give written notice to the person who is to be interviewed (“the interviewee”) that the interview will take place in accordance with this regulation; and (b) if reasonably practicable, agree a date and time for the interview with the interviewee. (3) Where no date and time is agreed under paragraph (2), the person investigating must specify a date and time for the interview. (4) Where a date and time is specified under paragraph (3) and— (a) the interviewee or the accompanying person will not be available at that time; and (b) the interviewee proposes an alternative time which satisfies paragraph (5), the interview must be postponed to the time proposed by the interviewee. (5) An alternative time proposed by the interviewee must— (a) be reasonable; and (b) fall before the end of the period of five working days beginning with the first working day after the day specified under paragraph (2)(b) or (3) by the person investigating. (6) The person investigating must, in advance of the interview, give the interviewee— (a) a notice stating the date, time and place of the interview; and (b) such information as the person investigating considers appropriate in the circumstances of the case to enable the interviewee to prepare for the interview. (7) The interviewee must attend the interview. (8) An accompanying person may accompany the interviewee to the interview under this regulation, and— (a) during, and in relation to, the interview may— (i) advise the interviewee; (ii) provide any relevant statement or relevant document to the person investigating; but (b) may not answer any questions asked of the interviewee during the interview. (9) The Minister must permit an accompanying person to use a reasonable amount of their contractual working time for the purposes of this regulation. (10) Nothing in this regulation applies to an interview of any person— (a) in relation to an investigation of a complaint, in respect of which it appears to the person investigating that there is an indication that the person to whose conduct the investigation relates may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings; or (b) in relation to an investigation of a recordable conduct matter, to whose conduct the investigation relates. (11) Nothing in this regulation prevents or restricts the holding of interviews to which this regulation does not apply during the course of any investigation under these Regulations. (12) In this regulation, “accompanying person” means a person who is— (a) an authorised investigator or a person employed by the Crown in service of the Cabinet Office who performs the functions of the PSFA; (b) nominated by the interviewee; and (c) not otherwise involved in the case.
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