The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
73 Action by the Minister in response to an investigation report under regulation 71
(1) This regulation applies where a report of an investigation is submitted to the Minister in accordance with regulation 71(2). (2) On receipt of the report, the Minister must— (a) determine whether the conditions in paragraphs (3) and (4) are satisfied in respect of the report; (b) if the Minister determines that the conditions in paragraphs (3) and (4) are satisfied, notify the Director of Public Prosecutions of that determination and send the Director of Public Prosecutions a copy of the report; and (c) notify the persons mentioned in paragraph (6) of the Minister’s determination under sub-paragraph (a) and of any action taken by the Minister under sub-paragraph (b). (3) 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. (4) The second condition is that the circumstances are such that, in the opinion of the Minister, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (5) 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 (2)(b). (6) The persons are— (a) in the case of a complaint, the complainant and every interested person in relation to the complaint; and (b) in the case of a recordable conduct matter, every interested person in relation to that matter. (7) On receipt of the report, the Minister must also— (a) determine 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) determine whether or not any such person’s performance is unsatisfactory; (c) determine what action (if any) the Minister is required to, or will in the Minister’s discretion, take in respect of the matters dealt with in the report; and (d) if the Minister 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 Minister is required to make under paragraph (2)(a) or sub-paragraphs (a) to (c) of this paragraph. (8) It is the duty of the Minister— (a) to take the action which the Minister determines under paragraph (7) that the Minister is required to, or will in the Minister’s discretion, take; and (b) in a case where that action consists of, or includes, the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.
73 Action by the Minister in response to an investigation report under regulation 71
(1) This regulation applies where a report of an investigation is submitted to the Minister in accordance with regulation 71(2). (2) On receipt of the report, the Minister must— (a) determine whether the conditions in paragraphs (3) and (4) are satisfied in respect of the report; (b) if the Minister determines that the conditions in paragraphs (3) and (4) are satisfied, notify the Director of Public Prosecutions of that determination and send the Director of Public Prosecutions a copy of the report; and (c) notify the persons mentioned in paragraph (6) of the Minister’s determination under sub-paragraph (a) and of any action taken by the Minister under sub-paragraph (b). (3) 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. (4) The second condition is that the circumstances are such that, in the opinion of the Minister, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (5) 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 (2)(b). (6) The persons are— (a) in the case of a complaint, the complainant and every interested person in relation to the complaint; and (b) in the case of a recordable conduct matter, every interested person in relation to that matter. (7) On receipt of the report, the Minister must also— (a) determine 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) determine whether or not any such person’s performance is unsatisfactory; (c) determine what action (if any) the Minister is required to, or will in the Minister’s discretion, take in respect of the matters dealt with in the report; and (d) if the Minister 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 Minister is required to make under paragraph (2)(a) or sub-paragraphs (a) to (c) of this paragraph. (8) It is the duty of the Minister— (a) to take the action which the Minister determines under paragraph (7) that the Minister is required to, or will in the Minister’s discretion, take; and (b) in a case where that action consists of, or includes, the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.
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