The Food Crime Officers (Complaints and Misconduct) Regulations 2025

Recommendations by the Director General following receipt of reports on completion of an investigation or following a determination on a review

85.—(1) This regulation applies where the Director General has—

(a) received a report, or otherwise completed one in relation to an investigation carried out under regulation 45 by the Director General personally, under—

(i) regulation 72(3);

(ii) regulation 72(4); or

(iii) regulation 75(2) or (3);

(b) made a determination on a review under regulation 81.

(2) The Director General may make a recommendation to the chief executive in relation to a matter dealt with in the report or review.

(3) Where this paragraph applies—

(a) by virtue of paragraph (1)(a)(i) or (ii), and the report is a report of an investigation of a complaint; or

(b) by virtue of paragraph (1)(b),

a recommendation made under paragraph (2) may not be a recommendation of a kind described in regulation 87(3).

(4) A recommendation under this regulation may also be made to any person if it is made—

(a) following the receipt or completion of a report relating to—

(i) a DSI matter;

(ii) a conduct matter of a type specified in paragraph (6);

(iii) a complaint of a type specified in paragraph (7); or

(b) following a determination on a review relating to a complaint of a type specified in paragraph (7).

(5) Where the Director General makes a recommendation under this regulation, the Director General must also—

(a) publish the recommendation; and

(b) send a copy of it to any person to whom the Director General thinks a copy should be sent.

(6) The types of conduct matter specified for the purposes of paragraph (4)(a)(ii) are any matter—

(a) that is a recordable conduct matter that relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury;

(b) relating to—

(i) a serious assault, as determined in guidance issued by the Director General;

(ii) a serious sexual offence, as determined in guidance issued by the Director General;

(iii) serious corruption, including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General;

(iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status, as determined in guidance issued by the Director General;

(v) a relevant offence;

(vi) conduct which took place in the same incident as one in which conduct falling within paragraphs (i) to (v) took place;

(c) in respect of which the Director General gives a notification to the chief executive that the Director General requires a recordable conduct matter to be referred to the Director General for consideration; or

(d) that the Director General is treating as having been referred to the Director General under regulation 27(1).

(7) The types of complaint specified for the purposes of paragraph (4)(a)(iii) and (b) are any complaint—

(a) alleging that the conduct or other matter complained of has resulted in death or serious injury;

(b) alleging conduct which constitutes—

(i) a serious assault, as determined in guidance issued by the Director General;

(ii) a serious sexual offence, as determined in guidance issued by the Director General;

(iii) serious corruption, including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General;

(iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status, as determined in guidance issued by the Director General;

(v) a relevant offence;

(c) which arises from the same incident as one in which any conduct falling within sub-paragraphs (a) or (b) took place;

(d) in respect of which the Director General gives a notification to the chief executive under regulation 23(1)(d) that the Director General requires the complaint in question to be referred to the Director General for consideration; or

(e) that the Director General is treating as having been referred to the Director General under regulation 24(1).