The Authorised Investigators (Complaints and Misconduct) Regulations 2026

72 Action by the Director General in response to an investigation report under regulation 71

(1) This regulation applies where— (a) a report on an investigation is submitted to the Director General under regulation 71(3)(a); or (b) a report on an investigation is submitted to the Director General, or is otherwise completed, under regulation 71(4). (2) But if, following the submission or completion of such a report, the Director General determines under regulation 79 that the complaint or recordable conduct matter is to be re-investigated, the provisions of this regulation other than paragraph (3)(a), read with paragraph (4), do not apply, or cease to apply, in relation to that report. (3) On receipt of the report, or on its completion by the Director General, the Director General— (a) must send a copy of the report to the Minister if it appears that the Minister has not already been sent a copy of the report; (b) must determine whether the conditions in paragraphs (5) and (6) are satisfied in respect of the report; (c) if the Director General determines that the conditions in paragraphs (5) and (6) are satisfied, must notify the Director of Public Prosecutions of that determination and send the Director of Public Prosecutions a copy of the report; and (d) must notify the Minister and— (i) in the case of a complaint, the complainant and every interested person in relation to that complaint; and (ii) in the case of a recordable conduct matter, every interested person in relation to that matter, of the Director General’s determination under sub-paragraph (b) and of any action taken by the Director General under sub-paragraph (c). (4) Where the Director General would contravene regulation 70 by sending a copy of a report in its entirety to the Minister under paragraph (3)(a) or to the Director of Public Prosecutions under paragraph (3)(c), the Director General must instead send a copy of the report after having removed or obscured the information which by virtue of regulation 70 the Director General must not disclose. (5) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related. (6) The second condition is that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (7) The Director of Public Prosecutions must notify the Director General and the Minister of any decision of the Director of Public Prosecutions to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to the Director of Public Prosecutions under paragraph (3)(c). (8) On receipt of the report, or on its completion by the Director General, the Director General must also— (a) seek the views of the Minister on— (i) 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; (ii) whether or not any such person’s performance is unsatisfactory; and (iii) the other matters (if any) dealt with in the report (but not on whether the conditions in paragraphs (5) and (6) are satisfied in respect of the report); (b) having considered the views (if any) of the Minister, make a determination as to— (i) the matters described in sub-paragraph (a)(i) and (ii); and (ii) whether or not performance proceedings or disciplinary proceedings should be brought against any person to whose conduct the investigation related; (c) having considered the views (if any) of the Minister and if the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that the Director General is required to make under paragraph (3)(b) or sub-paragraph (b) of this paragraph; (d) notify the Minister of the determination under sub-paragraph (b) and any determination under sub-paragraph (c); (e) where the Director General determines that performance proceedings or disciplinary proceedings should be brought against a person, direct the Minister to bring those proceedings; and (f) direct the Minister to determine what action (if any) the Minister will, in the Minister’s discretion, take, other than action involving the bringing of performance proceedings or disciplinary proceedings, in respect of the matters dealt with in the report and having regard to the Director General’s determination under sub-paragraph (b) and any determination under sub-paragraph (c). (9) The Minister must comply with a direction given under paragraph (8)(e) and must secure that the performance proceedings or disciplinary proceedings, once brought, are proceeded with to a proper conclusion. (10) The Director General may at any time withdraw a direction given under paragraph (8)(e), after which any obligation imposed by paragraph (9) ceases. (11) The Minister must keep the Director General informed of the action the Minister takes in response to a direction given under paragraph (8)(e). (12) The Minister must comply with a direction given under paragraph (8)(f) and must notify the Director General of the determination the Minister makes. (13) On receipt of the report, or on its completion by the Director General, where it is a report of an investigation of a complaint, the Director General may also make a recommendation under regulation 86.