The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
76 Action by the Director General in response to an investigation report under regulation 75
(1) Where paragraph (2) applies, the Director General may notify the Minister that the Minister must determine— (a) whether or not the performance of a person whose conduct is under investigation is unsatisfactory; and (b) what action (if any) the Minister will take in respect of the performance of the person mentioned in sub-paragraph (a). (2) This paragraph applies where the Director General determines under regulation 75(6) that there is no indication in the report produced under regulation 74(1) that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings. (3) On receipt of a notification under paragraph (1) the Minister must make the determinations and submit a memorandum to the Director General setting out the determinations the Minister has made. (4) On receipt of a memorandum under paragraph (3), the Director General must— (a) consider the memorandum and consider whether the Minister has made determinations under paragraph (1) that the Director General considers appropriate; (b) determine whether or not to make recommendations under regulation 77; (c) make such recommendations (if any) under regulation 77 as the Director General thinks fit. (5) Paragraph (4) does not affect any power of the Director General to make recommendations or give advice under regulation 8(1)(e) in other cases, whether arising under these Regulations or otherwise. (6) If the Director General determines under regulation 75(6) that the report indicates that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must notify the Minister of the Director General’s determination, and, if it appears that the Minister has not already been sent a copy of the report, send a copy of the report to the Minister. (7) Where the Minister is notified under paragraph (6) of a determination by the Director General, the Minister must record the DSI matter as conduct matter. (8) Where a DSI matter is recorded as a conduct matter by virtue of paragraph (7)— (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 37(7) or (8), investigate the recordable conduct matter as if appointed or, as the case may be, designated to do so; and (b) the other provisions of these Regulations apply in relation to that matter as if it were a recordable conduct matter.
76 Action by the Director General in response to an investigation report under regulation 75
(1) Where paragraph (2) applies, the Director General may notify the Minister that the Minister must determine— (a) whether or not the performance of a person whose conduct is under investigation is unsatisfactory; and (b) what action (if any) the Minister will take in respect of the performance of the person mentioned in sub-paragraph (a). (2) This paragraph applies where the Director General determines under regulation 75(6) that there is no indication in the report produced under regulation 74(1) that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings. (3) On receipt of a notification under paragraph (1) the Minister must make the determinations and submit a memorandum to the Director General setting out the determinations the Minister has made. (4) On receipt of a memorandum under paragraph (3), the Director General must— (a) consider the memorandum and consider whether the Minister has made determinations under paragraph (1) that the Director General considers appropriate; (b) determine whether or not to make recommendations under regulation 77; (c) make such recommendations (if any) under regulation 77 as the Director General thinks fit. (5) Paragraph (4) does not affect any power of the Director General to make recommendations or give advice under regulation 8(1)(e) in other cases, whether arising under these Regulations or otherwise. (6) If the Director General determines under regulation 75(6) that the report indicates that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must notify the Minister of the Director General’s determination, and, if it appears that the Minister has not already been sent a copy of the report, send a copy of the report to the Minister. (7) Where the Minister is notified under paragraph (6) of a determination by the Director General, the Minister must record the DSI matter as conduct matter. (8) Where a DSI matter is recorded as a conduct matter by virtue of paragraph (7)— (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 37(7) or (8), investigate the recordable conduct matter as if appointed or, as the case may be, designated to do so; and (b) the other provisions of these Regulations apply in relation to that matter as if it were a recordable conduct matter.
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