The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
77 Duties with respect to disciplinary proceedings
(1) This regulation applies where, in relation to an investigation, the Minister has submitted, or is required to submit, a memorandum to the Director General under regulation 76(3). (2) But this regulation does not apply, or ceases to apply, in relation to the investigation if the Director General determines under regulation 79 that the DSI matter is to be re-investigated. (3) Subject to any recommendations or directions under this regulation, the Minister must— (a) take the action referred to in regulation 76(1) which is, or which is required to be, set out in the memorandum; and (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, secure that those proceedings, once brought, are proceeded with to a proper conclusion. (4) The Director General may make a recommendation to the Minister— (a) that the performance of a person whose conduct is under investigation is, or is not, satisfactory; (b) that action is taken in respect of the performance of the person mentioned in sub-paragraph (a), and the Minister must notify the Director General whether the Minister accepts the recommendation and, if the Minister does, set out in the notification the steps that the Minister is proposing to take to give effect to the recommendation. (5) If, after the Director General has made a recommendation under this regulation, the Minister does not take steps to secure that full effect is given to the recommendation— (a) the Director General may direct the Minister to take steps for that purpose; and (b) the Minister must comply with a direction under sub-paragraph (a). (6) A direction under paragraph (5) may, to such extent as the Director General thinks fit, set out the steps to be taken by the Minister in order to give effect to the recommendation. (7) Where the Director General gives the Minister a direction under this regulation, the Director General must supply the Minister with a statement of the Director General’s reasons for doing so. (8) Where disciplinary or other proceedings have been brought in accordance with a recommendation or direction under this regulation, the Minister must ensure that they are proceeded with to a proper conclusion. (9) The Director General may at any time withdraw a direction given under this regulation, after which any obligation imposed by paragraph (8) ceases. (10) The Minister must keep the Director General informed— (a) of whatever action the Minister takes in pursuance of the Minister’s duties under paragraph (3); and (b) in every case of a recommendation or direction under this regulation, of whatever action the Minister takes in response to that recommendation or direction.
77 Duties with respect to disciplinary proceedings
(1) This regulation applies where, in relation to an investigation, the Minister has submitted, or is required to submit, a memorandum to the Director General under regulation 76(3). (2) But this regulation does not apply, or ceases to apply, in relation to the investigation if the Director General determines under regulation 79 that the DSI matter is to be re-investigated. (3) Subject to any recommendations or directions under this regulation, the Minister must— (a) take the action referred to in regulation 76(1) which is, or which is required to be, set out in the memorandum; and (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, secure that those proceedings, once brought, are proceeded with to a proper conclusion. (4) The Director General may make a recommendation to the Minister— (a) that the performance of a person whose conduct is under investigation is, or is not, satisfactory; (b) that action is taken in respect of the performance of the person mentioned in sub-paragraph (a), and the Minister must notify the Director General whether the Minister accepts the recommendation and, if the Minister does, set out in the notification the steps that the Minister is proposing to take to give effect to the recommendation. (5) If, after the Director General has made a recommendation under this regulation, the Minister does not take steps to secure that full effect is given to the recommendation— (a) the Director General may direct the Minister to take steps for that purpose; and (b) the Minister must comply with a direction under sub-paragraph (a). (6) A direction under paragraph (5) may, to such extent as the Director General thinks fit, set out the steps to be taken by the Minister in order to give effect to the recommendation. (7) Where the Director General gives the Minister a direction under this regulation, the Director General must supply the Minister with a statement of the Director General’s reasons for doing so. (8) Where disciplinary or other proceedings have been brought in accordance with a recommendation or direction under this regulation, the Minister must ensure that they are proceeded with to a proper conclusion. (9) The Director General may at any time withdraw a direction given under this regulation, after which any obligation imposed by paragraph (8) ceases. (10) The Minister must keep the Director General informed— (a) of whatever action the Minister takes in pursuance of the Minister’s duties under paragraph (3); and (b) in every case of a recommendation or direction under this regulation, of whatever action the Minister takes in response to that recommendation or direction.
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