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The Authorised Investigators (Complaints and Misconduct) Regulations 2026

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Change 1

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As published

61 Duty to keep the complainant informed

(1) Subject to regulation 64, in any case in which there is an investigation of a complaint in accordance with these Regulations— (a) by the Director General; or (b) under the direction of the Director General, the Director General must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of the matters specified in paragraph (4). (2) Subject to regulation 64, in any case in which there is an investigation of a complaint in accordance with these Regulations by the Minister on the Minister’s own behalf, the Minister must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of the matters specified in paragraph (4). (3) Where paragraph (2) applies, the Director General must give the Minister such directions as the Director General considers appropriate for securing that the Minister complies with the Minister’s duty under that paragraph; and the Minister must comply with any such direction. (4) The matters of which the complainant must be kept properly informed are— (a) the progress of the investigation mentioned in paragraph (1) or (2); (b) the outcome of the investigation mentioned in paragraph (1) or (2); (c) any right to apply for a review conferred on the complainant by regulation 80, including— (i) the time limit for applying for the review; and (ii) the effect of regulation 81(4); (d) the progress of any— (i) criminal proceedings; (ii) disciplinary proceedings; or (iii) performance proceedings, brought in relation to, or arising from, any matter which was the subject of the complaint; (e) the outcome of any such proceedings or process falling within sub-paragraph (d); (f) where an appeal is brought against the outcome of any proceedings falling within sub-paragraph (d), the fact and outcome of that appeal. (5) The generality of paragraph (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of these Regulations. (6) A person appointed to carry out an investigation under these Regulations must provide the Director General or, as the case may be, the Minister, with such information as the Director General or the Minister may reasonably require for the purpose of the performance by the Director General or the Minister of their duties under this regulation. (7) The Director General or the Minister may comply with their duty under paragraph (1) or (2), as applicable, by sending the complainant a copy of any investigation report submitted (or completed) under regulation 71. (8) Paragraph (7) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to— (a) regulation 63; and (b) regulation 64.

Your change, as a redline

61 Duty to keep the complainant informed

(1) Subject to regulation 64, in any case in which there is an investigation of a complaint in accordance with these Regulations— (a) by the Director General; or (b) under the direction of the Director General, the Director General must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of the matters specified in paragraph (4). (2) Subject to regulation 64, in any case in which there is an investigation of a complaint in accordance with these Regulations by the Minister on the Minister’s own behalf, the Minister must provide the complainant with all such information as will keep the complainant properly informed, while the investigation is being carried out and subsequently, of the matters specified in paragraph (4). (3) Where paragraph (2) applies, the Director General must give the Minister such directions as the Director General considers appropriate for securing that the Minister complies with the Minister’s duty under that paragraph; and the Minister must comply with any such direction. (4) The matters of which the complainant must be kept properly informed are— (a) the progress of the investigation mentioned in paragraph (1) or (2); (b) the outcome of the investigation mentioned in paragraph (1) or (2); (c) any right to apply for a review conferred on the complainant by regulation 80, including— (i) the time limit for applying for the review; and (ii) the effect of regulation 81(4); (d) the progress of any— (i) criminal proceedings; (ii) disciplinary proceedings; or (iii) performance proceedings, brought in relation to, or arising from, any matter which was the subject of the complaint; (e) the outcome of any such proceedings or process falling within sub-paragraph (d); (f) where an appeal is brought against the outcome of any proceedings falling within sub-paragraph (d), the fact and outcome of that appeal. (5) The generality of paragraph (4)(a) and (b) is not affected by any requirement to notify the complainant that is imposed by any other provision of these Regulations. (6) A person appointed to carry out an investigation under these Regulations must provide the Director General or, as the case may be, the Minister, with such information as the Director General or the Minister may reasonably require for the purpose of the performance by the Director General or the Minister of their duties under this regulation. (7) The Director General or the Minister may comply with their duty under paragraph (1) or (2), as applicable, by sending the complainant a copy of any investigation report submitted (or completed) under regulation 71. (8) Paragraph (7) applies notwithstanding any obligation of secrecy imposed by any rule of law or otherwise but is subject to— (a) regulation 63; and (b) regulation 64.

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