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The UK Border Agency (Complaints and Misconduct) Regulations 2010

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Initial handling and recording of complaints

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13.—(1) Where a complaint is made to the IPCC—

(a)it shall ascertain whether the complainant is content for the relevant appropriate authority to be notified of the complaint; and

(b)it shall give notification of the complaint to the relevant appropriate authority if the complainant is so content.

(2) Where the IPCC—

(a)is prevented by paragraph (1) from notifying any complaint to the relevant appropriate authority, and

(b)considers that it is in the public interest for the subject-matter of the complaint to be brought to the attention of the relevant appropriate authority and recorded under regulation 20 (recording and reference of conduct matters),

the IPCC may bring that matter to the relevant appropriate authority’s attention under that regulation as if it were a recordable conduct matter, and (if it does so) the following provisions of these Regulations shall have effect accordingly as if it were such a matter.

(3) Where the IPCC, or relevant appropriate authority gives notification of a complaint under paragraphs (1) or (2) or the IPCC brings any matter to the relevant appropriate authority’s attention under paragraph (4), the person who gave the notification, or, as the case may be, the IPCC shall notify the complainant—

(a)that the notification has been given and of what it contained; or

(b)that the matter has been brought to the relevant appropriate authority’s attention to be dealt with otherwise than as a complaint.

(4) Where a matter is brought to the relevant appropriate authority’s attention, the relevant appropriate authority shall record the complaint.

(5) Nothing in this regulation shall require the notification or recording by any person of any complaint about any conduct if—

(a)that person is satisfied that the subject-matter of the complaint has been, or is already being, dealt with by means of criminal or disciplinary proceedings against the person whose conduct it was; or

(b)the complaint has been withdrawn.

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