The UK Border Agency (Complaints and Misconduct) Regulations 2010

Final reports on investigations: complaints, conduct matters and certain DSI matters

62.—(1) This regulation applies on the completion of an investigation of—

(a) a complaint, or

(b) a conduct matter.

(2) A person appointed under regulation 37 (investigations by the relevant appropriate authority on its own behalf) shall submit a report on that person’s investigation to the relevant appropriate authority.

(3) A person appointed in accordance with regulation 38 (investigation by a police force at the request of the relevant appropriate authority) shall—

(a) submit a report on that person’s investigation to the relevant appropriate authority; and

(b) send a copy of that report to the IPCC.

(4) The report shall set out the determination of the person appointed in accordance with regulation 38 (investigation by a police force at the request of the relevant appropriate authority) as to whether the conditions set out in regulation 61(4) and (5) (action by a police force on completion of an investigation report) have been satisfied and whether the Director of Public Prosecutions or, as the case may be, the Director of Revenue and Customs Prosecutions has been sent a copy of the investigation report in accordance with regulation 61(3)(a).

(5) A person appointed under regulation 39 (investigations supervised by the IPCC), 40 (investigations by a police force under the management or under the supervision of the IPCC), or 41 (investigations managed by the IPCC) shall—

(a) submit a report on that investigation to the IPCC; and

(b) send a copy of that report to the relevant appropriate authority.

(6) A person designated under regulation 42 (investigations by the IPCC itself) as the person in charge of an investigation by the IPCC itself shall submit a report on it to the IPCC.

(7) A person submitting a report under this regulation shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in that person’s report as that person thinks fit.

(8) A person who has submitted a report under this regulation on an investigation within regulation 52(1) (duty to consider submissions from relevant officers, relevant officials of the Secretary of State, relevant contractors, officials exercising customs revenue functions and customs revenue contractors) must supply the relevant appropriate authority with such copies of further documents or other items in that person’s possession as the authority may request.

(9) The relevant appropriate authority may only make a request in respect of a copy of a document or other item if the relevant appropriate authority—

(a) considers that the document or item is of relevance to the investigation, and

(b) requires a copy of the document or the item for either or both of the purposes mentioned in paragraph (10).

(10) Those purposes are—

(a) complying with any obligation which the authority has under the disciplinary proceedings in relation to any person whose conduct is the subject-matter of the investigation;

(b) ensuring that any relevant officer, relevant official of the Secretary of State or official exercising customs revenue functions receives a fair hearing at any disciplinary proceedings in respect of any such conduct of that officer.