40.—(1) The Director General and, subject to paragraph (2), an appropriate authority may suspend any investigation or other procedure under Part 2 of the 2002 Act which, in the opinion of the Director General or appropriate authority, would, if it were to continue, prejudice any criminal investigation or proceedings.
(2) The Director General may direct that any investigation or other procedure under Part 2 of the 2002 Act which is liable to be, or has been, suspended by an appropriate authority under paragraph (1) is to continue, or be resumed, if the Director General is of the view that it is in the public interest to make such a direction.
(3) The Director General must consult the appropriate authority before making such a direction.