The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
79 Power of the Director General to require re-investigation
(1) This regulation applies where— (a) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Director General has been submitted to the Director General under regulation 71(3)(a) or regulation 75(2)(a); or (b) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Director General has been submitted to the Director General (or, in the case of an investigation carried out under regulation 42 by the Director General personally, is otherwise completed by the Director General) under regulation 71(4) or 75(2)(a) or (3). (2) The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if the Director General is satisfied that there are compelling reasons for doing so. (3) Where the Director General makes a determination under paragraph (2), the Director General must determine that the re-investigation is to take the form of an investigation by the Director General unless paragraph (4) applies, in which case the Director General must determine that the re-investigation is to take the form described in that paragraph. (4) This paragraph applies where the Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the Minister under the direction of the Director General. (5) Where— (a) the Director General determines under paragraph (3) or (7) that a re-investigation is to take the form of an investigation by the Director General; and (b) at any time after the determination described in sub-paragraph (a), the Director General determines that paragraph (4) applies in relation to the re-investigation, the Director General may make a further determination under this regulation (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Minister under the direction of the Director General. (6) Where the Director General determines under paragraph (3) or (5) (read with paragraph (4)) that a re-investigation is to take the form of an investigation by the Minister under the direction of the Director General, the Director General must keep under review whether paragraph (4) continues to apply in relation to the re-investigation. (7) If, on such a review, the Director General determines that paragraph (4) no longer applies in relation to a re-investigation, the Director General must make a further determination under this regulation (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Director General. (8) Paragraphs (9) and (10) of regulation 37 apply in relation to a further determination under paragraph (5) or (7) as they apply in the case of a further determination under regulation 37(7) or (8). (9) The other provisions of these Regulations apply in relation to any re-investigation in pursuance of a determination under this regulation as they apply in relation to any investigation in pursuance of a determination under regulation 37. (10) The Director General must notify the Minister of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination. (11) Subject to regulation 64, the Director General must also notify the following of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination— (a) every interested person in relation to the complaint, recordable conduct matter or DSI matter; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the re-investigation will relate. (12) The reference to a report in paragraph (1) includes a report on a re-investigation by virtue of this regulation or regulation 80.
79 Power of the Director General to require re-investigation
(1) This regulation applies where— (a) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Director General has been submitted to the Director General under regulation 71(3)(a) or regulation 75(2)(a); or (b) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Director General has been submitted to the Director General (or, in the case of an investigation carried out under regulation 42 by the Director General personally, is otherwise completed by the Director General) under regulation 71(4) or 75(2)(a) or (3). (2) The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if the Director General is satisfied that there are compelling reasons for doing so. (3) Where the Director General makes a determination under paragraph (2), the Director General must determine that the re-investigation is to take the form of an investigation by the Director General unless paragraph (4) applies, in which case the Director General must determine that the re-investigation is to take the form described in that paragraph. (4) This paragraph applies where the Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the Minister under the direction of the Director General. (5) Where— (a) the Director General determines under paragraph (3) or (7) that a re-investigation is to take the form of an investigation by the Director General; and (b) at any time after the determination described in sub-paragraph (a), the Director General determines that paragraph (4) applies in relation to the re-investigation, the Director General may make a further determination under this regulation (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Minister under the direction of the Director General. (6) Where the Director General determines under paragraph (3) or (5) (read with paragraph (4)) that a re-investigation is to take the form of an investigation by the Minister under the direction of the Director General, the Director General must keep under review whether paragraph (4) continues to apply in relation to the re-investigation. (7) If, on such a review, the Director General determines that paragraph (4) no longer applies in relation to a re-investigation, the Director General must make a further determination under this regulation (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Director General. (8) Paragraphs (9) and (10) of regulation 37 apply in relation to a further determination under paragraph (5) or (7) as they apply in the case of a further determination under regulation 37(7) or (8). (9) The other provisions of these Regulations apply in relation to any re-investigation in pursuance of a determination under this regulation as they apply in relation to any investigation in pursuance of a determination under regulation 37. (10) The Director General must notify the Minister of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination. (11) Subject to regulation 64, the Director General must also notify the following of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination— (a) every interested person in relation to the complaint, recordable conduct matter or DSI matter; (b) where the determination is made in relation to a complaint, the complainant; (c) the person to whose conduct the re-investigation will relate. (12) The reference to a report in paragraph (1) includes a report on a re-investigation by virtue of this regulation or regulation 80.
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