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

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Transitional provision

3. PART 2 COMPLAINTS AND MISCONDUCT

   1. 4. Application: general

   2. 5. Application of the 2002 Actetc.

   3. 6. General functions of the Director General under these Regulations

   4. 6A. General Functions of the IOPC under these Regulations

   5. 6B. Efficiency etc. in exercise of functions

   6. 7. Reports to the Secretary of State

   7. 8. Complaints and matters to which, and persons to whom, these Regulations apply

   8. 9. General duties of the Chief Executive

   9. 10. Payment for assistance with investigations

   10. 11. Provision of information to the Director General

   11. 12. Inspection of premises on behalf of the Director General

   12. 13. Duty to keep the complainant informed

   13. 14. Duty to provide information for other persons

   14. 15. Manner in which duties to provide information are to be performed

   15. 16. Exceptions to the duty to keep the complainant informed and to provide information for other persons

4. PART 3 HANDLING OF COMPLAINTS

   1. 17. Duties to preserve evidence relating to complaints

   2. 18. Initial handling and recording of complaints

   3. 19. Copies of complaints etc.

   4. 20. Failure to record a complaint

   5. 21. Reference of complaints to the Director General

   6. 22. Duties of the Director General on references under regulation 21

   7. 23. Handling of complaints by the Chief Executive

   8. 24. Disapplication of the requirements of these Regulations

   9. 25. Disapplication of the requirements of these Regulations: notifications, appeals etc.

   10. 26. Local resolution of complaints

   11. 27. Appeals relating to complaints dealt with other than by investigation

5. PART 4 HANDLING OF CONDUCT MATTERS

   1. 28. Conduct matters arising in civil proceedings

   2. 29. Recording etc. of conduct matters in other cases

   3. 30. Conduct matters not required to be recorded

   4. 31. Duties to preserve evidence relating to conduct matters

   5. 32. Reference of conduct matters to the Director General

   6. 33. Duties of the Director General on references under regulation 32

6. PART 5 HANDLING OF DSI MATTERS

   1. 34. Duty to record DSI matters

   2. 35. Duty to preserve evidence relating to DSI matters

   3. 36. Reference of DSI matters to the Director General

   4. 37. Duties of the Director General on references under regulation 36

7. PART 6 INVESTIGATIONS AND SUBSEQUENT PROCEEDINGS

   1. 38. Power of the Director General to determine the form of an investigation

   2. 39. Appointment of persons to carry out investigations

   3. 40. Withdrawn complaints

   4. 41. Investigations by the Chief Executive on the Chief Executive’s own behalf

   5. 42. Investigations supervised by the Director General

   6. 43. Investigations managed by the Director General

   7. 44. Investigations by the Director General ...

   8. 45. Investigations by the Director General: power to serve an information notice

   9. 46. Failure to comply with an information notice

   10. 47. Appeals against information notices

   11. 48. Sensitive information: restriction on further disclosure

   12. 49. Combining and splitting investigations

   13. 50. Relinquishing the Director General’s supervision or management of an investigation

   14. 51. Circumstances in which an investigation or other procedure may be suspended

   15. 52. Resumption of investigation after criminal proceedings

   16. 53. Special procedure: assessment of seriousness of conduct under investigation

   17. 54. Duty to consider submissions from the person whose conduct is being investigated

   18. 55. Interview of the person whose conduct is being investigated

   19. 56. Duty to provide certain information to the Chief Executive

   20. 57. LAPO friend

   21. 58. Interview of an officer of the Authority during certain investigations

   22. 59. Restrictions on proceedings pending the conclusion of an investigation

   23. 60. Accelerated procedure in special cases

   24. 61. Special cases: investigations managed or carried out by the Director General: action by the Chief Executive

   25. 62. Special cases: investigations managed or carried out by the Director General: action by the Director General

   26. 63. Special cases: other investigations: action by the Chief Executive

   27. 64. Special cases: recommendation or direction of the Director General

   28. 65. Power to discontinue an investigation

   29. 66. Discontinuance of an investigation: notifications, appeals etc.

   30. 67. Procedure where a conduct matter is revealed during investigation of a DSI matter

8. PART 7 REPORTS AND RECOMMENDATIONS

   1. 68. Final reports on investigations: complaints and conduct matters

   2. 69. Action by the Director General in response to an investigation report under regulation 68

   3. 70. Action by the Chief Executive in response to an investigation report under regulation 68

   4. 71. Final reports on investigations: DSI matters

   5. 72. Action by the Director General in response to an investigation report under regulation 71

   6. 73. Appeals with respect to an investigation

   7. 74. Reviews and re-investigations following an appeal

   8. 75. Duties with respect to disciplinary proceedings etc.

   9. 76. Information for the complainant about disciplinary recommendation

   10. 77. Recommendations by the Director General

9. PART 8 GENERAL

   1. 78. Complaints or conduct matters concerning a person who has subsequently ceased to be an officer of the Authority

   2. 79. Complaints or conduct matters concerning a person whose identity is unknown

   3. 80. Notification of actions and decisions

   4. 81. Records to be kept by the Chief Executive

   5. 82. Register to be kept by the Director General

   6. 83. Delegation of powers and duties by the Chief Executive

   7. 84. Manner and time limits of notifications

   8. 85. Appeals

10. Signature

11. Explanatory Note