The UK Border Agency (Complaints and Misconduct) Regulations 2010

Action by the relevant appropriate authority in response to an investigation report under regulation 62

64.—(1) This regulation applies where—

(a) a report of an investigation is submitted to the relevant appropriate authority in accordance with regulation 62(2) (final reports on investigations: complaints, conduct matters and certain DSI matters); or

(b) a report, or a copy of a report is sent to the relevant appropriate authority in accordance with regulation 62(3) or (4).

(2) On receipt of the report or (as the case may be) of the copy, the relevant appropriate authority shall note the contents of the report and determine—

(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) what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report; and

(c) what other action (if any) the authority will in its discretion take in respect of those matters.

(3) On the making of the determinations under paragraph (2) the relevant appropriate authority shall give a notification—

(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 49 (duty to keep complainant informed); and

(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under regulation 50 (duty to provide information for other persons).

(4) The notification required by paragraph (3) is one setting out—

(a) the findings of the report;

(b) the determinations the authority has made under paragraph (2);

(c) the action (if any) which that authority has decided to take; and

(d) the complainant’s right of appeal under regulation 70 (appeals to the IPCC with respect to an investigation).

(5) Paragraphs (5) and (6) of regulation 49 shall have effect in relation to the duties imposed on the relevant appropriate authority by paragraph (3) of this regulation as they have effect in relation to the duties imposed on the relevant appropriate authority by that section.

(6) Except so far as may be otherwise provided by paragraph (5), the relevant appropriate authority shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in paragraph (4) notification of the findings of the report by sending that person a copy of the report.