The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017

Power of the Commission to determine the form of an investigation

38.—(1) This regulation applies where—

(a) a complaint, recordable conduct matter or DSI matter is referred to the Commission; and

(b) the Commission determines that it is necessary for the complaint or matter to be investigated.

(2) The Commission must determine the form which the investigation should take.

(3) In making a determination under paragraph (2) the Commission must have regard to the following factors—

(a) the seriousness of the case; and

(b) the public interest.

(4) The only forms which the investigation may take in accordance with a determination made under this regulation are an investigation by—

(a) the Chief Executive on the Chief Executive’s own behalf;

(b) the Chief Executive under the supervision of the Commission;

(c) the Chief Executive under the management of the Commission;

(d) the Commission.

(5) The Commission may at any time make a further determination under this regulation to replace an earlier one.

(6) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the Chief Executive has already begun an investigation on the Chief Executive’s own behalf, the Commission may give—

(a) the Chief Executive; and

(b) any person previously appointed to carry out the investigation,

such directions as it considers appropriate for the purpose of giving effect to the new determination.

(7) A person to whom a direction is given under paragraph (6) must comply with it.

(8) The Commission must notify the Chief Executive of any determination that it makes under this regulation in relation to a particular complaint, recordable conduct matter or DSI matter.