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

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

70.—(1) This regulation applies where—

(a) a report of an investigation is submitted to the Chief Executive in accordance with regulation 68(2); or

(b) a copy of a report of an investigation carried out under the supervision of the Commission is sent to the Chief Executive in accordance with regulation 68(3).

(2) On receipt of the report or (as the case may be) the copy, the Chief Executive must—

(a) determine whether the conditions set out in paragraphs (3) and (4) are satisfied in respect of the report;

(b) if the Chief Executive determines that those conditions are so satisfied, notify the Director of Public Prosecutions of the determination and send the Director a copy of the report; and

(c) notify the persons mentioned in paragraph (5) of the Chief Executive’s determination under paragraph (a) and of any action taken by the Chief Executive under paragraph (b).

(3) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(4) The second condition is that the circumstances are such that, in the opinion of the Chief Executive, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions.

(5) The persons are—

(a) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

(b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

(6) In the case of a report falling within paragraph (1)(b) which relates to a recordable conduct matter, the Chief Executive must also notify the Commission of the Chief Executive’s determination under paragraph (2)(a).

(7) On receipt of a notification that the Chief Executive has determined that the conditions in paragraph (3) and (4) are not satisfied in respect of the report, the Commission must—

(a) make its own determination as to whether those conditions are so satisfied; and

(b) if it determines that they are so satisfied, direct the Chief Executive to notify the Director of Public Prosecutions of the Commission’s determination and send the Director a copy of the report.

(8) The Chief Executive must comply with any direction given to the Chief Executive under paragraph (7).

(9) The Director of Public Prosecutions must notify the Chief Executive of any decision of the Director to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to the Director under paragraph (2)(b) or following a direction by the Commission under paragraph (7).

(10) The Chief Executive must notify the persons mentioned in paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to the Director under paragraph (2)(b) or following a direction by the Commission under paragraph (7).

(11) On receipt of the report or (as the case may be) of the copy, the Chief Executive must note the contents of the report and determine—

(a) whether any person to whose conduct the investigation related has a case to answer, or has no case to answer, in respect of misconduct or gross misconduct;

(b) whether or not any such person’s performance is unsatisfactory;

(c) what action (if any) the Chief Executive is required to, or will in the Chief Executive’s discretion, take in respect of the matters dealt with in the report; and

(d) what other action (if any) the Chief Executive will in the Chief Executive’s discretion take in respect of those matters.

(12) On the making of the determinations under paragraph (11) the Chief Executive must 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 14; 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 that regulation.

(13) The notification required by paragraph (12) is one setting out—

(a) the findings of the report;

(b) the determinations the Chief Executive has made under paragraph (11); and

(c) the complainant’s right of appeal under regulation 73 (appeals with respect to an investigation).

(14) Regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons) has effect in relation to the duties imposed on the Chief Executive by paragraph (12) of this regulation as it has effect in relation to the duties imposed on the Chief Executive by regulations 13 and 14.

(15) Subject to regulation 16, the Chief Executive is 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 (12) notification of the findings of the report by sending that person a copy of the report.