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61 provisions
40 Amendment to regulation 51
For regulation 51 (resumption of investigation after criminal proceedings) substitute—
Resumption of investigation of complaint after criminal proceedings
51 (1) This regulation applies where—
(a) the Director General or an appropriate authority has suspended the whole or part of the investigation of a complaint until the conclusion of criminal proceedings under regulation 50 (circumstances in which an investigation or other procedure may be suspended), and
(b) those proceedings have concluded.
(2) Where the complainant has not indicated—
(a) a wish for the investigation to start or be resumed, or
(b) a wish that the investigation is not started or resumed,
the Director General or appropriate authority (as the case may be) must write to the complainant to determine how the complainant wishes to proceed.
(3) Where the complainant indicates a wish for the investigation to start or be resumed, the Director General or appropriate authority (as the case may be) must start or resume the investigation.
(4) Where the complainant—
(a) indicates a wish that the investigation is not started or resumed, or
(b) does not reply to a letter under paragraph (2) within a period of 28 days beginning with the day after the day on which the letter was sent by the Director General or appropriate authority in accordance with paragraph (2),
the Director General or appropriate authority (as the case may be) must determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter.
(5) Where the Director General or appropriate authority determines that it is not in the public interest for the complaint to be treated as a recordable conduct matter, the provisions of these Regulations cease to apply to the complaint.
(6) Where the Director General or appropriate authority determines that it is in the public interest for the complaint to be treated as a recordable conduct matter, these Regulations apply to the matter.
(7) Subject to paragraph (8), the Director General or appropriate authority (as the case may be) must notify the person complained against if paragraph (5) or (6) applies.
(8) Nothing in paragraph (7) requires the Director General or appropriate authority to make a notification if the Director General or appropriate authority (as the case may be) believes that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.
.
In regulation 54 (duty to keep the complainant informed)—
(a) in paragraph (1), in sub-paragraph (b) for “management” substitute “direction”;
(b) in paragraph (2)—
(i) omit the “or” after sub-paragraph (a);
(ii) omit sub-paragraph (b);
(c) in paragraph (4), in sub-paragraph (c) after “under regulation” insert “66 (final reports on investigations: complaints, conduct matters and certain DSI matters) or”.
In regulation 55 (duty to provide information for other persons)—
(a) in paragraph (7), in sub-paragraph (b) for “management” substitute “direction”;
(b) in paragraph (8)—
(i) omit the “or” after sub-paragraph (a);
(ii) omit sub-paragraph (b).
In regulation 56 (written notices)—
(a) in paragraph (2), in sub-paragraph (c) for “set out the time limits” substitute “state the effect of the time limit in paragraph (2A)”;
(b) after paragraph (2) insert—
(2A) The time limit is 10 working days beginning with the day after the day on which the notification is given unless this period is extended by—
(a) the person investigating, or
(b) in the case of an investigation other than by the Director General acting personally, the Director General.
(2B) Where a notification is given under paragraph (1), the person investigating must—
(a) provide a copy of the terms of reference of the investigation to the person whose conduct is in question, or
(b) give the person whose conduct is in question a notice stating that the terms of reference of the investigation are not being provided and explaining why,
where practicable, at the same time as notification is given under paragraph (1), or otherwise within a period of five working days beginning with the first working day after the day on which such notification is given.
(2C) Where a copy of the terms of reference of the investigation has been provided under paragraph (2B) and those terms are revised, the person investigating must provide a copy of the revised terms to the person whose conduct is in question as soon as practicable.
;
(c) in paragraph (3)—
(i) for “and (2)” substitute “, (2), (2B) and (2C)”;
(ii) after “the notification” insert “or providing a copy of the terms, or revised terms, of reference of the investigation”;
(d) after paragraph (3) insert—
(3A) A copy of the terms, or revised terms, of reference of the investigation provided under paragraph (2B) or (2C) may be in a form which keeps anonymous the identity of the complainant (if any) or any other person.
.
In regulation 59 (manner in which duties to provide information to the complainant are to be performed)—
(a) in paragraph (2) for “management” substitute “direction”;
(b) omit paragraph (8).
In regulation 60 (exceptions to the duty to keep the complainant informed and to provide information for other persons)—
(a) in paragraph (1)—
(i) for the words from “mentioned in” to “and 68(12)” substitute “in the regulations set out in paragraph (1A)”;
(ii) in sub-paragraph (c), in paragraph (i) omit “the Chief Executive,”;
(b) after paragraph (1) insert—
(1A) The regulations are—
(a) regulation 38(10);
(b) regulation 39A(5);
(c) regulation 54(1) and (2);
(d) regulation 55(7) and (8);
(e) regulation 67(11);
(f) regulation 68(12);
(g) regulation 70A(13);
(h) regulation 70B(6);
(i) regulation 75(5) and (6).
;
(c) in paragraph (5)—
(i) in sub-paragraph (a) after “disciplinary proceedings” insert “or appeal against the outcome of such proceedings”;
(ii) in sub-paragraph (b) after “such proceedings” insert “or appeal”.
In regulation 62 (notification of actions and decisions), in paragraph (1)—
(a) for “appeals to” substitute “reviews by”;
(b) for “received a memorandum under regulation 67(9) or regulation 74(3)” substitute “made a determination under regulation 67(10)”.
In regulation 63 (information for complainant about disciplinary recommendations)—
(a) in paragraph (1) for sub-paragraph (a) substitute—
(a) the Director General makes recommendations under regulation 74(8)(c) (reviews by the Director General with respect to an investigation), and
;
(b) in paragraph (2) omit “in the case of an investigation of a complaint”;
(c) in paragraphs (2)(a) and (3)(a) for “71” substitute “74(8)(c)”.
In regulation 64 (register to be kept by the Director General), in paragraph (2) for sub-paragraph (a) substitute—
(a) learning lessons from the handling of complaints, conduct matters or DSI matters;
(aa) demonstrating the thoroughness and effectiveness of the handling of complaints or such matters;
.
In regulation 66 (final reports on investigations: complaints, conduct matters and certain DSI matters), in paragraph (3)—
(a) omit “45 (investigations supervised by the Director General),”;
(b) for “management or under the supervision” substitute “direction”;
(c) for “managed” substitute “directed”.
In regulation 67 (action by the Director General in response to an investigation report under regulation 66)—
(a) in paragraph (1), in sub-paragraph (a) for “management” substitute “direction”;
(b) after paragraph (1) insert—
(1A) But if the Director General determines under regulation 70A (power of the Director General to require a re-investigation) that the complaint, recordable conduct matter or DSI matter is to be re-investigated, the provisions of this regulation other than paragraph (2)(a) (read with paragraph (2A)) do not apply, or cease to apply, in relation to that report.
;
(c) after paragraph (2) insert—
(2A) Where the Director General would contravene regulation 14A by sending a copy of a report in its entirety to the appropriate authority under paragraph (2)(a) or to the Director of Public Prosecutions under paragraph (2)(c), the Director General must instead send a copy of the report after having removed or obscured the information which by virtue of regulation 14A the Director General must not disclose.
;
(d) for paragraph (8) substitute—
(8) On receipt of the report, or on its completion by the Director General, the Director General must also seek the views of the appropriate authority on 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.
(8A) Where the Director General seeks the views of the appropriate authority, the Director General must notify the appropriate authority of the Director General’s opinion as to the matters mentioned in paragraph (8B).
(8B) The matters are—
(a) 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) whether or not disciplinary proceedings should be brought against any such person.
;
(e) for paragraph (9) substitute—
(9) The appropriate authority must provide the Director General with its views (if any) on those matters before the expiry of the time limit mentioned in paragraph (9A).
(9A) The time limit is 28 days beginning with the day after the day on which the Director General seeks the appropriate authority’s views in accordance with paragraph (8), unless this period is extended by the Director General.
(f) for paragraph (10) substitute—
(10) Having considered the views (if any) of the appropriate authority, the Director General must make a determination as to—
(a) 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, and
(b) where there is such a case to answer, whether disciplinary proceedings should be brought against any person to whose conduct the investigation related.
(10A) The Director General must notify the appropriate authority of the Director General's determination under paragraph (10).
(10B) Where the Director General determines that disciplinary proceedings should be brought against a person, the Director General must direct the appropriate authority to bring those proceedings.
(10C) The Director General must also direct the appropriate authority to determine what action (if any) the appropriate authority will in its discretion take, not being action involving the bringing of disciplinary proceedings, in respect of the matters dealt with in the report and having regard to the Director General's determination under paragraph (10).
(10D) The appropriate authority must comply with a direction given under paragraph (10B) and must secure that the proceedings, once brought, are proceeded with to a proper conclusion.
(10E) The Director General may at any time withdraw a direction given under paragraph (10B).
(10F) Where the Director General withdraws a direction under paragraph (10E), paragraph (10D) does not impose any obligation in relation to any time after the withdrawal of the direction and regulation 71 (duties with respect to disciplinary proceedings) ceases to apply in relation to the withdrawn direction.
(10G) The appropriate authority must keep the Director General informed of the action it takes in response to a direction given under paragraph (10B).
(10H) The appropriate authority must comply with the direction given under paragraph (10C) and must notify the Director General of the determination it makes.
(10I) 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 70B.
;
(g) in paragraph (11) for “paragraph (10)(b)” substitute “paragraph (10)”;
(h) in paragraph (12)—
(i) in sub-paragraph (b) for “paragraph (10)(b)” substitute “paragraph (10)”;
(ii) in sub-paragraph (c) for “to be recommended” substitute “directed”;
(i) after paragraph (12) insert—
(12A) Where the Director General determines under paragraph (10) that no disciplinary proceedings should be brought against a person to whose conduct the investigation related, the Director General must provide that person with a copy of the report on the investigation or such parts of it as relate to that person.
(12B) But paragraph (12A) does not apply if the Director General believes that providing a copy of the report, or part of it, might prejudice any investigation or proceedings (including a criminal investigation or proceedings) or review under regulation 74.
(12C) A copy of the report, or part of it, provided under paragraph (12A) may be in the form which keeps anonymous the identity of the complainant (if any).
(12D) Where the Director General would contravene regulation 14A by providing a copy of the report, or a part of it, under paragraph (12A), the Director General must instead provide the copy having removed or obscured the information which by virtue of regulation 14A must not be disclosed.
.
In regulation 68 (action by the appropriate authority in response to an investigation report under regulation 66)—
(a) in paragraph (1)—
(i) in sub-paragraph (a) for “66(2); or” substitute “66(2).”;
(ii) omit sub-paragraph (b);
(b) in paragraph (2) omit “or (as the case may be) of the copy,”;
(c) omit paragraph (6);
(d) omit paragraphs (8) to (10);
(e) in paragraph (11)—
(i) omit “or (as the case may be) copy,”;
(ii) in sub-paragraph (a) for paragraph (ii) substitute—
(ii) where there is such a case to answer, whether disciplinary proceedings should be brought against any person to whose conduct the investigation related; and
;
(iii) in sub-paragraph (b) for “those matters” substitute “the matters dealt with in the report”;
(f) in paragraph (13) for sub-paragraph (c) substitute—
(c) the complainant’s right to apply for a review under regulation 74 (reviews by the Director General with respect to an investigation).
;
(g) after paragraph (13) insert—
(13A) Where the appropriate authority determines under paragraph (11) that no disciplinary proceedings should be brought against a person to whose conduct the investigation related, the appropriate authority must provide that person with a copy of the report on the investigation or such parts of it as relate to that person.
(13B) But paragraph (13A) does not apply if the appropriate authority believes that providing a copy of the report, or part of it, might prejudice any investigation or proceedings (including a criminal investigation or proceedings) or review under regulation 74.
(13C) A copy of the report, or part of it, provided under paragraph (13A) may be in the form which keeps anonymous the identity of the complainant (if any).
(13D) Where the appropriate authority would contravene regulation 14A by providing a copy of the report, or a part of it, under paragraph (13A), the Director General must instead provide the copy having removed or obscured the information which by virtue of regulation 14A must not be disclosed.
.
In regulation 69 (final reports on investigations: other DSI matters) after paragraph (3) insert—
(4) Where a person would contravene regulation 14A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of regulation 14A the person must not disclose.
.
After regulation 70 (action by the Director General in response to an investigation report under regulation 69) insert—
Power of the Director General to require a re-investigation
70A (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 66(3)(a) or 69(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 48 by the Director General personally, is otherwise completed by the Director General) under regulation 66(5)(a) or 69(2)(a).
(2) The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if 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) or (5) applies, in which case the Director General must determine that the re-investigation is to take the form described in those paragraphs.
(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 appropriate authority under the direction of the Director General.
(5) 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 a police force under the direction of the Director General.
(6) Where—
(a) the Director General determines under paragraph (3) or (9) that a re-investigation is to take the form of an investigation by the Director General, and
(b) at any time after that the Director General determines that paragraph (4) or (5) applies in relation to the re-investigation,
the Director General may make a further determination under this paragraph (to replace the earlier one) that the re-investigation is to take the form of an investigation by the appropriate authority under the direction of the Director General or by a police force under the direction of the Director General.
(7) Where the Director General determines under paragraph (3) or (6) that a re-investigation is to take the form of an investigation by the appropriate authority 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.
(8) Where the Director General determines under paragraph (3) or (6) that a re-investigation is to take the form of an investigation by a police force under the direction of the Director General, the Director General must keep under review whether paragraph (5) continues to apply in relation to the re-investigation.
(9) If, on such a review, the Director General determines that paragraph (4) or (5) no longer applies in relation to a re-investigation, the Director General must make a further determination under this paragraph (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Director General.
(10) Paragraphs (7) and (8) of regulation 38 apply in relation to a further determination under paragraph (6) or (9) as they apply in the case of a further determination under paragraph (4F) or (4G) of that regulation.
(11) The 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 38.
(12) The Director General must notify the appropriate authority of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination.
(13) 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 person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under regulation 55;
(b) where the determination is made in relation to a complaint, the complainant;
(c) except in a case where it appears to the Director General that to do so might prejudice any proposed re-investigation, the person to whose conduct the re-investigation will relate.
(14) Regulation 60 has effect in relation to the duties imposed on the Director General by paragraph (13) of this regulation.
(15) In relation to a matter that was formerly a DSI matter but was subsequently recorded as a conduct matter under regulation 36(5), the reference in paragraph (12) to the appropriate authority is a reference to the appropriate authority in relation to the person whose conduct was in question.
(16) The reference to a report in paragraph (1) includes a report on a re-investigation by virtue of this regulation or regulation 74(8)(b).
Recommendations by the Director General to remedy complaints
70B (1) A recommendation under this regulation (for the purposes of regulations 67 and 74) is a recommendation to the appropriate authority of a kind described at paragraph (2), which is made with a view to remedying the matters raised in a complaint.
(2) The kinds of recommendation are—
(a) a recommendation that an apology be made to the complainant concerned;
(b) a recommendation that any property seized from the complainant concerned be returned;
(c) any other recommendation, other than a recommendation that compensation be paid, which the Director General considers appropriate to remedy the matters raised in the complaint.
(3) Where a recommendation is made under this regulation, the appropriate authority must provide the Director General with a written response stating—
(a) whether the appropriate authority accepts the recommendation;
(b) if the recommendation is accepted, the steps the appropriate authority is proposing to take to give effect to the recommendation;
(c) if the recommendation is not accepted, the reasons why not.
(4) Subject to paragraph (5), the appropriate authority must provide the response before the end of the period of 28 days beginning with the day after the day on which the recommendation was made.
(5) The Director General may extend the period mentioned in paragraph (4) and if an extension is granted the appropriate authority must provide the response before the end of the extended period.
(6) The Director General must send a copy of the recommendation and the response to it to—
(a) the complainant concerned;
(b) every person entitled to be kept properly informed in relation to the complaint under regulation 55; and
(c) except in a case where it appears to the Director General that to do so might prejudice any investigation (including a criminal investigation), the person complained against (if any).
(7) Regulation 60 has effect in relation to the duties imposed by paragraph (6) of this regulation.
Recommendations by the Director General
70C (1) This regulation applies where the Director General has received a report (or otherwise completed one in relation to an investigation carried out under regulation 48 by the Director General personally) under—
(a) regulation 66(3) or (5) (final report on investigations: complaints, conduct matters and certain DSI matters), or
(b) regulation 69(2) or (2A) (final reports on investigations: other DSI matters).
(2) This regulation also applies where the Director General has made a determination on a review under regulation 74 (reviews by the Director General with respect to an investigation).
(3) The Director General may make a recommendation in relation to a matter dealt with in the report or review.
(4) Where this regulation applies—
(a) by virtue of paragraph (1)(a) and the report is a report of an investigation of a complaint, or
(b) by virtue of paragraph (2),
a recommendation made under paragraph (3) may not be a recommendation of a kind described in regulation 70B(2) (recommendations by the Director General to remedy complaints).
(5) A recommendation under this regulation may be made to any person if it is made—
(a) following the receipt or completion of a report relating to—
(i) a DSI matter,
(ii) a conduct matter that is required to be referred to the Director General under regulation 30(1) or that the Director General is treating as having been referred under regulation 30A(1), or
(iii) a complaint that is required to be referred to the Director General under regulation 28(1) or that the Director General is treating as having been referred under regulation 28A(1), or
(b) following a determination on a review relating to a complaint of a type referred to in sub-paragraph (a)(iii).
(6) In any other case, a recommendation under this regulation may only be made to the appropriate authority.
(7) Where the Director General makes a recommendation under this regulation, the Director General must also—
(a) publish the recommendation, and
(b) send a copy of it—
(i) to the appropriate authority;
(ii) to any person to whom the Director General thinks a copy should be sent.
(8) Nothing in this regulation affects the power of the Director General to make recommendations or give advice under regulation 7(1)(e).
Response to recommendations under regulation 70C
70D (1) A person to whom a recommendation under regulation 70C is made must provide to the Director General a response in writing stating—
(a) what action the person has taken or proposes to take in response to the recommendation, or
(b) why the person has not taken, or does not propose to take, any action in response.
(2) Subject to paragraph (3), the person must provide the response before the end of the period of 56 days beginning with the day on which the recommendation was made.
(3) The Director General may extend the period of 56 days following an application received before the end of the period, and if an extension is granted, the person must provide the response before the end of the extended period.
(4) But if proceedings for judicial review of the Director General's decision to make a recommendation are started during the period allowed by paragraph (2) or (3), that period is extended by however many days the proceedings are in progress.
(5) On receiving a response, the Director General must, within the period of 21 days beginning with the day on which the Director General received it—
(a) publish the response, and
(b) send a copy of it to any person who was sent a copy of the recommendation under regulation 70C(7)(b),
unless the person giving the response has made representations under paragraph (6).
(6) The person giving the response may, at the time of providing it to the Director General, make representations to the Director General asserting that the requirements of publication and disclosure under paragraph (5) should not apply to the response, or to particular parts of it.
(7) On receiving such representations, the Director General may decide—
(a) that the response should not be published, or that only parts of it should be published;
(b) that the response should not be disclosed, or that only parts of the response should be disclosed.
(8) Where, following a decision on representations, the Director General decides to publish or disclose a response (in whole or in part), the Director General must do so only after the person giving the response has been informed of the Director General's decision, and—
(a) in a case where the Director General has decided to accept all of the representations, the Director General must do so within the period of 21 days beginning with the day on which the Director General received the response;
(b) in a case where the Director General has decided to reject any of the representations, the Director General must do so—
(i) within the period of 21 days beginning with the day on which the person was informed of the Director General's decision on the representations, but
(ii) not before the end of the period of 7 days beginning with that day.
(9) But if proceedings for judicial review of the Director General's decision to reject a representation are started during the period of 7 days referred to in paragraph (8)(b)(ii)—
(a) the Director General must not publish or disclose the response while the proceedings are in progress;
(b) if the court upholds the Director General's decision to reject a representation, the Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days beginning with the day on which the proceedings are no longer in progress.
(10) Where an appropriate authority makes a response under this regulation, the appropriate authority must, at the time the Director General publishes the response, also publish the response (to the same extent as published by the Director General) and the recommendation under regulation 70C.
(11) For the purposes of this regulation—
(a) “disclosing” a response means sending a copy of it as mentioned in paragraph (5)(b);
(b) the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought.
(12) This regulation does not apply, or ceases to apply, in relation to a recommendation made by virtue of regulation 70C(1) if the Director General determines under regulation 70A that the complaint, recordable conduct matter or DSI matter that the Director General received a report on, or otherwise completed, is to be re-investigated.
.
In regulation 71 (duties with respect to disciplinary proceedings)—
(a) for paragraph (1) substitute—
(1) This regulation applies where, in the case of any investigation—
(a) the appropriate authority has given, or is required to give, a notification under regulation 68(12) (action by the appropriate authority in response to an investigation report under regulation 66) of the action it is proposing to take in relation to the matters dealt with in any report of the investigation, or
(b) the Director General has given the appropriate authority a direction under regulation 67(10B) (action by the Director General in response to an investigation report under regulation 66) or regulation 74(8B) (reviews by the Director General with respect to an investigation).
;
(b) in paragraph (2)—
(i) for “under this regulation” substitute “under regulation 67, 68 or 74”;
(ii) for sub-paragraph (a) substitute—
(a) to take the action which has been, or is required to be, set out in the notification or direction, and
;
(c) omit paragraphs (3) to (8);
(d) for paragraph (9) substitute—
(9) The appropriate authority must keep the Director General informed of whatever action it takes in pursuance of its duty under paragraph (2).
.
In regulation 74 (appeals to the Director General with respect to an investigation)—
(a) in the heading for “Appeals to” substitute “Reviews by”;
(b) for paragraphs (1) to (6) substitute—
(1) This regulation applies where a complaint has been subjected to an investigation by the appropriate authority on its own behalf.
(2) Where this regulation applies, the complainant has the right to apply to the Director General for a review of the outcome of the complaint.
(3) The Director General must notify the following of an application for a review under paragraph (2)—
(a) the appropriate authority,
(b) every person entitled to be kept properly informed in relation to the complaint under regulation 55, and
(c) the person complained against, (if any) unless it appears to the Director General that to do so might prejudice any proposed review or re-investigation of the complaint.
(4) Where the Director General so requires on the making of an application for a review under paragraph (2), the appropriate authority must provide the Director General with—
(a) a copy of the report of the investigation, and
(b) such information concerning the authority's determinations under regulation 68 as is described in a notification given by the Director General to the authority.
(5) On a review applied for under paragraph (2), the Director General must determine whether the outcome of the complaint is a reasonable and proportionate outcome.
(6) In making a determination under paragraph (5), the Director General may review the findings of the investigation.
;
(c) omit paragraph (7);
(d) for paragraph (8) substitute—
(8) Where, following a review under this regulation, the Director General finds that the outcome of the investigation is not a reasonable and proportionate outcome, the Director General may—
(a) make the Director General’s own findings (in place of, or in addition to, findings of the investigation);
(b) direct that the complaint be re-investigated;
(c) make a recommendation to the appropriate authority in respect of any person—
(i) that the person has a case to answer in respect of their conduct or has no case to answer in relation to the person’s conduct to which the investigation related;
(ii) that disciplinary proceedings are brought against the person in respect of the person’s conduct to which the investigation related;
(iii) that any disciplinary proceedings brought against that person are modified so as to deal with such aspects of that conduct as may be so specified;
(d) make a recommendation under regulation 70B.
(8A) Where the Director General makes a recommendation under paragraph (8)(c), the appropriate authority must notify the Director General whether it accepts the recommendation and (if it does) set out in the notification the steps that it is proposing to take to give effect to it.
(8B) If, after the Director General has made a recommendation under paragraph (8)(c), the appropriate authority does not take steps to secure that full effect is given to that recommendation, the Director General may direct the appropriate authority to take steps for that purpose.
(8C) A direction under paragraph (8B) may, to such extent as the Director General thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.
(8D) Where the Director General gives the appropriate authority a direction under this regulation, the Director General must supply the appropriate authority with a statement of the Director General’s reasons for doing so.
(8E) The Director General may at any time withdraw a direction given under paragraph (8B) and thereafter regulation 71 (duties with respect to disciplinary proceedings) ceases to apply in relation to the withdrawn direction.
;
(e) omit paragraph (9);
(f) in paragraph (10) for “on an appeal” substitute “following a review”;
(g) in paragraph (14)—
(i) for “appeal” substitute “application for a review”;
(ii) for “28 days of the date”, substitute “a period of 28 days beginning with the day after the day”;
(h) in paragraph (15) for “appeal”, in both places it occurs, substitute “application for a review”;
(i) for paragraph (16) substitute—
(16) Where the Director General receives such an application for a review, the Director General must request any information from any person which the Director General considers necessary to dispose of the review.
(16A) Where the Director General makes a request for information, regulation 48A(2) (limitation on information notices) applies to that request as it applies to an information notice served under that regulation.
;
(j) in paragraph (17) for “appeal” substitute “application for a review”;
(k) in paragraph (19) for “appeal” substitute “review”.
In regulation 75 (reviews and re-investigations following an appeal)—
(a) for the heading substitute “Re-investigations following a review by the Director General”;
(b) omit paragraph (1);
(c) in paragraph (2) omit “or paragraph (1)”;
(d) in paragraph (4) for “74(9) or paragraph (1)” substitute “74(8)”.
(e) after paragraph (6) insert—
(7) Regulation 60 has effect in relation to the duties imposed by paragraphs (5) and (6) of this regulation.
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