The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
71 Final reports on investigations: complaints and recordable conduct matters
(1) This regulation applies on the completion of an investigation of— (a) a complaint; or (b) a recordable conduct matter. (2) A person appointed under regulation 39 must submit a report on the investigation to the Minister. (3) A person appointed under regulation 40 or 41 must— (a) submit a report on the investigation to the Director General; and (b) send a copy of that report to the Minister. (4) A person designated under regulation 42 as the person in charge of an investigation must— (a) submit a report on the investigation to the Director General; or (b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation. (5) A person submitting or, in the case of an investigation under regulation 42 by the Director General acting personally, completing a report under this regulation is not prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as the person thinks fit. (6) Where a person would contravene regulation 70 by submitting, or, as the case may be, sending a copy of, a report in its entirety to the Minister under paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of regulation 70 the person must not disclose. (7) Where— (a) a person has submitted, or, as the case may be, sent a copy of, a report in its entirety to the Minister under paragraph (2) or (3)(b); and (b) the investigation to which the report relates is an investigation in respect of which at least one of Condition A, B or C in regulation 48 is satisfied; that person must supply the Minister with such copies of further documents or other items in that person’s possession as the Minister may request, except so far as the person is prevented from doing so by regulation 70. (8) The Minister may only make a request under paragraph (7) in respect of a copy of a document or other item if the Minister— (a) considers that the document or item is of relevance to the investigation; and (b) requires a copy of the document or the item for either or both purposes mentioned in paragraph (9). (9) Those purposes are— (a) complying with any obligation which the Minister has under disciplinary proceedings in relation to any person whose conduct is the subject matter of the investigation; (b) ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of that person. (10) A report on an investigation in respect of which at least one of Condition A, B or C in regulation 48 is satisfied must— (a) include an accurate summary of the evidence; (b) be accompanied by, or refer to, any relevant documents; and (c) where the investigation was carried out under regulation 39, include the opinion of the person investigating as to the matters mentioned in paragraph (12)(a) and (b). (11) On completion of an investigation— (a) carried out under regulation 40, 41 or 42; and (b) in respect of which at least one of Condition A, B or C in regulation 48 is satisfied, where the Director General seeks the views of the Minister on the matters mentioned in regulation 72(8)(a), the Director General must notify the Minister of the Director General’s opinion as to the matters mentioned in paragraph (12). (12) The matters are— (a) whether any person to whose conduct the investigation related has a case to answer in respect of their conduct, or has no case to answer; (b) whether or not any such person’s performance is unsatisfactory; (c) whether or not disciplinary proceedings should be brought against any such person; (d) whether or not performance proceedings should be brought against any such person. (13) For the purposes of paragraph (11), the Minister must provide the Director General with the Minister’s views (if any) on the matters mentioned in regulation 72(8)(a) before the expiry of the time limit mentioned in paragraph (14). (14) The time limit is 28 days beginning with the day after the day on which the Director General seeks the Minister’s views in accordance with regulation 72(8)(a), unless this period is extended by the Director General.
71 Final reports on investigations: complaints and recordable conduct matters
(1) This regulation applies on the completion of an investigation of— (a) a complaint; or (b) a recordable conduct matter. (2) A person appointed under regulation 39 must submit a report on the investigation to the Minister. (3) A person appointed under regulation 40 or 41 must— (a) submit a report on the investigation to the Director General; and (b) send a copy of that report to the Minister. (4) A person designated under regulation 42 as the person in charge of an investigation must— (a) submit a report on the investigation to the Director General; or (b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation. (5) A person submitting or, in the case of an investigation under regulation 42 by the Director General acting personally, completing a report under this regulation is not prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as the person thinks fit. (6) Where a person would contravene regulation 70 by submitting, or, as the case may be, sending a copy of, a report in its entirety to the Minister under paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of regulation 70 the person must not disclose. (7) Where— (a) a person has submitted, or, as the case may be, sent a copy of, a report in its entirety to the Minister under paragraph (2) or (3)(b); and (b) the investigation to which the report relates is an investigation in respect of which at least one of Condition A, B or C in regulation 48 is satisfied; that person must supply the Minister with such copies of further documents or other items in that person’s possession as the Minister may request, except so far as the person is prevented from doing so by regulation 70. (8) The Minister may only make a request under paragraph (7) in respect of a copy of a document or other item if the Minister— (a) considers that the document or item is of relevance to the investigation; and (b) requires a copy of the document or the item for either or both purposes mentioned in paragraph (9). (9) Those purposes are— (a) complying with any obligation which the Minister has under disciplinary proceedings in relation to any person whose conduct is the subject matter of the investigation; (b) ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of that person. (10) A report on an investigation in respect of which at least one of Condition A, B or C in regulation 48 is satisfied must— (a) include an accurate summary of the evidence; (b) be accompanied by, or refer to, any relevant documents; and (c) where the investigation was carried out under regulation 39, include the opinion of the person investigating as to the matters mentioned in paragraph (12)(a) and (b). (11) On completion of an investigation— (a) carried out under regulation 40, 41 or 42; and (b) in respect of which at least one of Condition A, B or C in regulation 48 is satisfied, where the Director General seeks the views of the Minister on the matters mentioned in regulation 72(8)(a), the Director General must notify the Minister of the Director General’s opinion as to the matters mentioned in paragraph (12). (12) The matters are— (a) whether any person to whose conduct the investigation related has a case to answer in respect of their conduct, or has no case to answer; (b) whether or not any such person’s performance is unsatisfactory; (c) whether or not disciplinary proceedings should be brought against any such person; (d) whether or not performance proceedings should be brought against any such person. (13) For the purposes of paragraph (11), the Minister must provide the Director General with the Minister’s views (if any) on the matters mentioned in regulation 72(8)(a) before the expiry of the time limit mentioned in paragraph (14). (14) The time limit is 28 days beginning with the day after the day on which the Director General seeks the Minister’s views in accordance with regulation 72(8)(a), unless this period is extended by the Director General.
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