The Food Crime Officers (Complaints and Misconduct) Regulations 2025

• (10) The Director General may at any time withdraw a direction given under paragraph (8)(e); and paragraph (9) shall not impose any obligation in relation to any time after the withdrawal of the direction.

• (11) The chief executive must keep the Director General informed of the action the chief executive takes in response to a direction given under paragraph (8)(e).

• (12) The chief executive must comply with a direction given under paragraph (8)(f) and must notify the Director General of the determination the chief executive makes.

• (13) On receipt of the report, or on its completion by the Director General, where it is a report of an investigation of a complaint, the Director General may also make a recommendation under regulation 87.

Action by the chief executive in response to an investigation report under regulation 72

74

• (1) This regulation applies where a report of an investigation is submitted to the chief executive in accordance with regulation 72(2).

• (2) On receipt of the report, the chief executive must—

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

• (b) if the chief executive determines that the conditions in paragraphs (3) and (4) are satisfied, notify the Director of Public Prosecutions of the determination and send the Director of Public Prosecutions a copy of the report; and

• (c) notify the persons mentioned in paragraph (6) of the chief executive’s determination under sub-paragraph (a) and of any action taken by the chief executive under sub-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 Director of Public Prosecutions must notify the chief executive of any decision of the Director of Public Prosecutions 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 of Public Prosecutions under paragraph (2)(b).

• (6) 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 60; 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.

• (7) On receipt of the report, the chief executive must—

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

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

• (c) determine 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) if the chief executive considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that the chief executive is required to make under paragraph (2)(a) or sub-paragraphs (a) to (c) of this paragraph.

• (8) It shall be the duty of the chief executive—

• (a) to take the action which the chief executive determines under paragraph (7) that the chief executive is required to, or will in the chief executive’s discretion, take; and

• (b) in a case where that action consists of, or includes, the bringing of disciplinary proceedings, secure that those proceedings, once brought, are proceeded with to a proper conclusion.

Final reports on investigations: other DSI matters

75

• (1) This regulation applies on the completion of an investigation of a DSI matter in respect of which neither the Director General nor the chief executive has made a determination under regulation 34(2), (3), (4) or (7).

• (2) The person investigating must—

• (a) submit a report on the investigation to the Director General; and

• (b) send a copy of that report to the chief executive.

• (3) Paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under regulation 45, but the Director General must complete a report on the investigation.

• (4) A person submitting a report to the Director General under paragraph (2) or completing one under paragraph (3) shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as the person thinks fit.

• (5) Where a person would contravene regulation 71 by sending a copy of a report in its entirety to the chief executive under paragraph (2), the person must instead send a copy of the report after having removed or obscured the information which by virtue of regulation 71 the person must not disclose.

• (6) On receipt of the report, or on its completion by the Director General, the Director General must determine whether the report indicates that the officer may have—

• (a) committed a criminal offence; or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings.

• (7) On receipt of the report, or on its completion by the Director General, the Director General must also, if the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that the Director General is required to make under paragraph (6) or that the chief executive may be required to make by virtue of regulation 77(3).

• (8) But paragraphs (6) and (7) and regulation 77 do not apply, or cease to apply, in relation to a report submitted under paragraph (2) or completed under paragraph (3) if, following the submission or completion of the report, the Director General determines under regulation 80 that the DSI matter is to be re-investigated.

Provision of copy of report on investigation etc to person to whose conduct the investigation related

76

• (1) Except where paragraph (2) applies, where—

• (a) the Director General determines under regulation 73(8) that neither disciplinary proceedings nor performance proceedings should be brought against a person to whose conduct the investigation related; or

• (b) the chief executive determines under regulation 74(7) that the chief executive will bring neither disciplinary proceedings nor performance proceedings against such a person,

the Director General or the chief executive, as the case may be, must provide the officer with a copy of the report on the investigation or such parts of it as relate to the officer.

• (2) This paragraph applies for so long as the Director General or the chief executive, as the case may be, believes that providing a copy of the report, or part of it, under paragraph (1) might prejudice any investigation or proceedings (including a criminal investigation or proceedings) or review under regulation 81.

• (3) A copy of the report, or part of it, provided under paragraph (1) may be in a form which keeps anonymous the identity of the complainant (if any) or any other person.

• (4) Where the Director General or the chief executive would contravene regulation 71 by providing a copy of the report, or part of it, under paragraph (1), the Director General or the chief executive must instead provide the copy having removed or obscured the information which by virtue of regulation 71 must not be disclosed.

Action by the Director General in response to an investigation report under regulation 75

77

• (1) This regulation applies to the determination by the Director General under regulation 75(6).

• (2) This paragraph applies where the Director General determines under regulation 75(6) that there is no indication in the report that an officer may have—

• (a) committed a criminal offence; or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings.

• (3) Where paragraph (2) applies, the Director General may notify the chief executive that the chief executive must determine—

• (a) whether or not the performance of a person whose conduct is under investigation is unsatisfactory; and

• (b) what action (if any) the chief executive will take in respect of the performance of the person mentioned in sub-paragraph (a).

• (4) On receipt of a notification under paragraph (3) the chief executive must make the determinations and submit a memorandum to the Director General setting out the determinations the chief executive has made.

• (5) On receipt of a memorandum under paragraph (4), the Director General must—

• (a) consider the memorandum and consider whether the chief executive has made the determinations under paragraph (3) that the Director General considers appropriate;

• (b) determine whether or not to make recommendations under regulation 78;

• (c) make such recommendations (if any) under regulation 78 as the Director General thinks fit.

• (6) Paragraphs (3) and (5) do not affect any power of the Director General to make recommendations or give advice under regulation 6 in other cases, whether arising under these Regulations or otherwise.

• (7) If the Director General determines under regulation 75(6) that the report indicates that an officer may have—

• (a) committed a criminal offence; or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must notify the chief executive of the Director General’s determination, and, if it appears that the chief executive has not already been sent a copy of the report, send a copy of the report to the chief executive.

• (8) Where the chief executive is notified under paragraph (7) of a determination by the Director General, the chief executive must record the matter under regulation 19 as a conduct matter (and the other provisions of these Regulations apply in relation to that matter accordingly).

• (9) Where a DSI matter is recorded under regulation 19 as a conduct matter by virtue of paragraph (8)—

• (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 36(9), investigate the conduct matter as if appointed or, as the case may be, designated to do so; and

• (b) the other provisions of these Regulations apply in relation to that matter accordingly.

Duties with respect to disciplinary proceedings

78

• (1) This regulation applies where, in the case of any investigation, the chief executive has submitted, or is required to submit, a memorandum to the Director General under regulation 77(4).

• (2) But this regulation does not apply, or ceases to apply, in relation to the investigation if the Director General determines under regulation 80 that the DSI matter is to be re-investigated.

• (3) Subject to regulation 57, and to any recommendations or directions under this regulation, the chief executive must—

• (a) take the action which is, or which is required to be, set out in the memorandum; and

• (b) in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.

• (4) The Director General may make a recommendation to the chief executive—

• (a) that the performance of a person whose conduct is under investigation is, or is not, satisfactory;

• (b) that action is taken in respect of the performance of the person mentioned in sub-paragraph (a),

and the chief executive must notify the Director General whether the chief executive accepts the recommendation and (if the chief executive does) set out in the notification the steps that the chief executive is proposing to take to give effect to the recommendation.

• (5) If, after the Director General has made a recommendation under this regulation, the chief executive does not take steps to secure that full effect is given to the recommendation—

• (a) the Director General may direct the chief executive to take steps for that purpose; and

• (b) the chief executive must comply with a direction under sub-paragraph (a).

• (6) A direction under paragraph (5) may, to such extent as the Director General thinks fit, set out the steps to be taken by the chief executive in order to give effect to the recommendation.

• (7) Where the Director General gives the chief executive a direction under this regulation, the Director General must supply the chief executive with a statement of the Director General’s reasons for doing so.

• (8) Where disciplinary or other proceedings have been brought in accordance with a recommendation or direction under this regulation, the chief executive must ensure that they are proceeded with to a proper conclusion.

• (9) The Director General may at any time withdraw a direction given under this regulation, and paragraph (8) does not impose any obligation in relation to any time after the withdrawal of the direction.

• (10) The chief executive must keep the Director General informed—

• (a) of whatever action the chief executive takes in pursuance of the chief executive’s duties under paragraph (3); and

• (b) in every case of a recommendation or direction under this regulation, of whatever action the chief executive takes in response to that recommendation or direction.

Complaints and conduct matters relating to a person whose identity is unascertained

79

• (1) Where a complaint or conduct matter relates to the conduct of a person whose identity is unascertained at the time at which the complaint is made or the conduct matter is recorded, or whose identity is not ascertained during or subsequent to, the investigation of the complaint or recordable conduct matter, these Regulations apply in relation to such a person as if they did not include—

• (a) any requirement for the person complained against to be given a notification or an opportunity to make representations;

• (b) any requirement for the Director General or the chief executive to determine whether a criminal offence may have been committed by the person whose conduct has been the subject matter of an investigation, or to take any action in relation to such a determination;

• (c) any requirement for the Director General or the chief executive to determine whether disciplinary proceedings should be brought against a person whose conduct is the subject matter of a report.

• (2) Where the identity of such a person is subsequently ascertained, the Director General and the chief executive must take such action in accordance with these Regulations as they see fit, regardless of any previous action taken.

PART 9 — Re-investigations, reviews and recommendations

Power of the Director General to require re-investigation

80

• (1) This regulation applies where—

• (a) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Director General has been submitted to the Director General under regulation 72(3) or regulation 75; or

• (b) a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Director General has been submitted to the Director General (or, in the case of an investigation carried out under regulation 45 by the Director General personally, is otherwise completed by the Director General) under regulation 72(4) or 75.

• (2) The Director General may at any time determine that the complaint, recordable conduct matter or DSI matter is to be re-investigated if the Director General is satisfied that there are compelling reasons for doing so.

• (3) Where the Director General makes a determination under paragraph (2), the Director General must determine that the re-investigation is to take the form of an investigation by the Director General unless paragraph (4) applies, in which case the Director General must determine that the re-investigation is to take the form described in that paragraph.

• (4) This paragraph applies where the Director General determines that it would be more appropriate for the re-investigation to take the form of an investigation by the chief executive under the direction of the Director General.

• (5) Where—

• (a) the Director General determines under paragraph (3) or (7) that a re-investigation is to take the form of an investigation by the Director General; and

• (b) at any time after the determination described in sub-paragraph (a), the Director General determines that paragraph (4) applies in relation to the re-investigation,

the Director General may make a further determination under this regulation (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the chief executive under the direction of the Director General.

• (6) Where the Director General determines under paragraph (3) or (5) that a re-investigation is to take the form of an investigation by the chief executive under the direction of the Director General, the Director General must keep under review whether paragraph (4) continues to apply in relation to the re-investigation.

• (7) If, on such a review, the Director General determines that paragraph (4) no longer applies in relation to a re-investigation, the Director General must make a further determination under this regulation (to replace the earlier one) that the re-investigation is instead to take the form of an investigation by the Director General.

• (8) Paragraphs (10) and (11) of regulation 36 apply in relation to a further determination under paragraph (5) or (7) as they apply in the case of a further determination under regulation 36(8) or (9).

• (9) The other provisions of these Regulations apply in relation to any re-investigation in pursuance of a determination under this regulation as they apply in relation to any investigation in pursuance of a determination under regulation 36.

• (10) The Director General must notify the chief executive of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination.

• (11) Subject to regulation 62, the Director General must also notify the following of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination—

• (a) every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter, as the case may be, under regulation 60;

• (b) where the determination is made in relation to a complaint, the complainant;

• (c) the person to whose conduct the re-investigation will relate.

• (12) The reference to a report in paragraph (1) includes a report on a re-investigation by virtue of this regulation or regulation 81.

Reviews with respect to an investigation

81

• (1) This regulation applies where a complaint has been subjected to an investigation by the chief executive on the chief executive’s own behalf.

• (2) Where this regulation applies, the complainant has the right to apply to the Director General for a review of the outcome of the complaint.

• (3) The Director General must notify the following of an application for a review under paragraph (2)—

• (a) the chief executive;

• (b) every person entitled to be kept properly informed in relation to the complaint under regulation 60; and

• (c) the person complained against (if any).

• (4) Where the Director General so requires on the making of an application for a review under paragraph (2), the chief executive must provide the Director General with—

• (a) a copy of the report of the investigation; and

• (b) such information concerning the chief executive’s determinations under regulation 74 as is described in a notification given by the Director General to the chief executive.

• (5) On a review under paragraph (2), the Director General must determine whether the outcome of the complaint is reasonable and proportionate.

• (6) In making a determination under paragraph (5), the Director General may review the findings of the investigation.

• (7) Where the Director General finds that the outcome of the complaint is not reasonable and proportionate, the Director General may—

• (a) make the Director General’s own findings (in place of, or in addition to, any findings of the investigation);

• (b) direct that the complaint be re-investigated;

• (c) make a recommendation to the chief executive in respect of any officer—

• (i) that the officer has a case to answer in respect of their conduct, or has no case to answer;

• (ii) that the officer’s performance is, or is not, unsatisfactory;

• (iii) that disciplinary proceedings are brought against the officer in respect of the conduct to which the investigation related;

• (iv) that any disciplinary proceedings brought against that officer are modified so as to deal with such aspects of that conduct as may be so specified;

• (d) make a recommendation under regulation 87.

• (8) Where the Director General makes a recommendation under paragraph (7)(c)—

• (a) the chief executive must notify the Director General whether the chief executive accepts the recommendation and (if the chief executive does) set out in the notification the steps that the chief executive proposes to take to give effect to it; and

• (b) paragraphs (5) to (9) and (10)(b) of regulation 78 apply in relation to the recommendation as if it had been made under those provisions.

• (9) Paragraph (10) applies where, on a review applied for under paragraph (2), the Director General determines that the report of the investigation indicates that a criminal offence may have been committed by a person to whose conduct the investigation related and that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions.

• (10) Where this paragraph applies, the Director General must notify the Director of Public Prosecutions of the determination under paragraph (9) and send the Director of Public Prosecutions a copy of the report.

• (11) The Director General must give notification of the outcome of a review under this regulation, and of the reasons for the determination under paragraph (5)—

• (a) to the chief executive;

• (b) to the complainant;

• (c) to every person entitled to be kept properly informed in relation to the complaint under regulation 60; and

• (d) except in a case where it appears to the Director General that to do so might prejudice any re-investigation of the complaint, to the person complained against (if any).

• (12) The chief executive must comply with any directions given to the chief executive under this regulation.

• (13) In this regulation, references, in relation to an investigation, to the outcome of the complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the investigation.

Reviews: general

82

• (1) This regulation applies to reviews under regulation 81.

• (2) Subject to paragraph (3), an application for a review must be made within a period of 28 days starting with the day after the day on which the information mentioned in regulation 59(4)(c) was provided to the complainant.

• (3) The Director General may extend the period mentioned in paragraph (2) in any case where the Director General is satisfied that, because of the special circumstances of the case, it is just to do so.

• (4) Subject to paragraph (5), an application for a review must be made in writing and must state—

• (a) details of the complaint;

• (b) the date on which the complaint was made; and

• (c) the date on which the information mentioned in regulation 59(4)(c) was provided to the complainant.

• (5) Where the Director General receives an application for a review which fails to comply with one or more of the requirements mentioned in paragraph (4), the Director General may decide to proceed as if those requirements had been complied with.

• (6) Where the Director General receives an application for a review, the Director General must request any information from any person which the Director General considers necessary to dispose of the review, except information—

• (a) that might incriminate the person;

• (b) that is subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

• (c) that would cause a disclosure to be made that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

• (d) that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information;

• (e) the disclosure of which would require a postal operator or telecommunications operator to provide communications data; and for this purpose “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act).

Information for complainant about disciplinary recommendations

83

• (1) This regulation applies where, on the review of the outcome of a complaint under regulation 81, the Director General makes a recommendation under paragraph (7)(c) of that regulation.

• (2) Where the chief executive notifies the Director General under regulation 81(8)(a) that the recommendation has been accepted, the Director General must notify the complainant, and every person entitled to be kept properly informed in relation to the complaint under regulation 60, of that fact, and of the steps that have been, or are to be taken, by the chief executive to give effect to it.

• (3) Where the chief executive—

• (a) notifies the Director General under regulation 81(8)(a) that the chief executive does not, either in whole or in part, accept the recommendation; or

• (b) fails to take steps to give full effect to the recommendation,

the Director General must determine what further steps (if any) to take under regulation 78 as applied by regulation 81(8)(b).

• (4) The Director General must notify the complainant, and every person entitled to be kept properly informed in relation to the complaint under regulation 60—

• (a) of any determination under paragraph (3) not to take further steps; and

• (b) where the Director General determines under paragraph (3) that the Director General will take further steps, of the outcome of the taking of those steps.

Re-investigations following a review

84

• (1) Where the Director General directs under regulation 81 that a complaint be re-investigated, the Director General must make a determination of the form that the re-investigation should take.

• (2) Paragraphs (3) to (11) of regulation 36 apply in relation to a determination under paragraph (1) as they apply in the case of a determination under that regulation.

• (3) The other provisions of these Regulations (including this regulation) apply in relation to any re-investigation in pursuance of a direction under regulation 81(7)(b) as they apply in relation to any investigation in pursuance of a determination under regulation 36.

• (4) Where the Director General determines under paragraph (1) that the re-investigation should take the form of an investigation by the chief executive on the chief executive’s own behalf, the Director General may also give the chief executive such directions as to the handling of the matter in future as the Director General thinks fit; and the chief executive must comply with any such directions.

• (5) The Director General must notify the chief executive of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination.

• (6) Subject to regulation 62, the Director General must also notify the following of any determination that the Director General makes under this regulation and of the Director General’s reasons for making the determination—

• (a) the complainant;

• (b) every person entitled to be kept properly informed in relation to the complaint under regulation 60;

• (c) the person complained against (if any).

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).

Response to recommendation

86

• (1) A person to whom a recommendation under regulation 85 is made must provide to the Director General a response in writing stating—

• (a) what action the person has taken or proposes to take in response to the recommendation; or

• (b) why the person has not taken, or does not propose to take, any action in response.

• (2) The person must provide the response to the Director General before the end of the period of 56 days starting with the day on which the recommendation was made, unless paragraph (3) applies.

• (3) The Director General may extend the period of 56 days following an application received before the end of the period; and if the Director General grants an extension, the person must provide the response before the end of the extended period.

• (4) But if proceedings for judicial review of the Director General’s decision to make a recommendation are started during the period allowed by paragraph (2) or (3), that period is extended by however many days the proceedings are in progress.

• (5) On receiving a response, the Director General must, within the period of 21 days starting with the day on which the Director General received it—

• (a) publish the response; and

• (b) send a copy of it to any person who was sent a copy of the recommendation under regulation 85(5)(b),

unless the person giving the response has made representations under paragraph (6).

• (6) The person giving the response may, at the time of providing it to the Director General, make representations to the Director General asserting that the requirements of publication and disclosure under paragraph (5) should not apply to the response, or to particular parts of it.

• (7) On receiving such representations, the Director General may decide—

• (a) that the response should not be published, or that only parts of it should be published;

• (b) that the response should not be disclosed, or that only parts of it should be disclosed.

• (8) Where, following a decision on such representations, the Director General decides to publish or disclose a response (in whole or in part), the Director General must do so only after the person giving the response has been informed of the Director General’s decision, and—

• (a) in a case where the Director General has decided to accept all of the representations, the Director General must do so within the period of 21 days starting with the day on which the Director General received the response;

• (b) in a case where the Director General has decided to reject any of the representations, the Director General must do so—

• (i) within the period of 21 days starting with the day on which the person was informed of the Director General’s decision on the representations; but

• (ii) not before the end of the period of 7 days starting with that day.

• (9) But if proceedings for judicial review of the Director General’s decision to reject a representation are started during the period of 7 days referred to in paragraph (8)(b)(ii)—

• (a) the Director General must not publish or disclose the response while the proceedings are in progress;

• (b) if the court upholds the Director General’s decision to reject a representation, the Director General must publish and disclose the response (in whole or in part, as appropriate) before the end of the period of 7 days starting with the day on which the proceedings are no longer in progress.

• (10) Where the chief executive makes a response under this regulation, the chief executive must, at the time the Director General publishes the response, also publish the response (to the same extent as published by the Director General) and the recommendation under regulation 85.

• (11) For the purposes of this regulation—

• (a) “disclosing” a response means sending a copy of it as mentioned in paragraph (5)(b);

• (b) the period during which judicial review proceedings are in progress includes any day on which an appeal is in progress or may be brought.

• (12) This regulation does not apply, or ceases to apply, in relation to a recommendation made under regulation 85 if the Director General determines under regulation 80 that the complaint, recordable conduct matter or DSI matter that the Director General received a report on, or otherwise completed one on in relation to an investigation carried out under regulation 45 by the Director General personally, is to be re-investigated.

Recommendations by the Director General in relation to remedying dissatisfaction expressed by the complainant

87

• (1) This regulation applies for the purposes of a recommendation under regulation 73(13) or 81(7)(d) where the Director General considers it appropriate to make a recommendation of a kind described in paragraph (3) with a view to remedying the dissatisfaction expressed by the complainant concerned.

• (2) A recommendation under this regulation may only be made to the chief executive.

• (3) The kinds of recommendation are—

• (a) a recommendation that an apology be made to the complainant concerned;

• (b) a recommendation that any property seized from the complainant concerned be returned;

• (c) a recommendation not falling within sub-paragraphs (a) or (b), other than a recommendation that compensation be paid, which the Director General considers appropriate to remedy the dissatisfaction expressed by the complainant concerned.

• (4) Following receipt of a recommendation, the chief executive must provide to the Director General a written response stating—

• (a) whether the chief executive accepts the recommendation;

• (b) if the chief executive accepts the recommendation, the steps that the chief executive proposes to take to give effect to the recommendation;

• (c) if the chief executive does not accept the recommendation, the reasons for not accepting it.

• (5) Subject to paragraph (6), the chief executive must provide the response before the end of the period of 28 days starting with the day after the day on which the recommendation was made.

• (6) The Director General may extend the period mentioned in paragraph (5) and, if so, the chief executive must provide the response before the end of the extended period.

• (7) The Director General must send a copy of the recommendation and the response to it to—

• (a) the complainant concerned;

• (b) any interested person; and

• (c) except in a case where it appears to the Director General that to do so might prejudice any investigation (including a criminal investigation), the person complained against (if any).

• (8) In this regulation, “complainant concerned” means—

• (a) in relation to a recommendation under regulation 73(13), the complainant whose complaint, having been investigated, resulted in the submission or completion of the report under regulation 72;

• (b) in relation to a recommendation under regulation 81(7)(d), the complainant who applied under regulation 81(2) for the review.

PART 10 — Delegation by the chief executive

Delegation of powers and duties by the chief executive

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• (1) Subject to paragraph (2), the chief executive may delegate all or any of the powers or duties conferred or imposed on the chief executive by or under these Regulations to another staff member of the FSA.

• (2) The chief executive may not, in any particular case, delegate any power or duty under paragraph (1) to a person—

• (a) unless that person has an appropriate level of knowledge, skills and experience to exercise the power or perform the duty;

• (b) if that person works, directly or indirectly, under the management of the person whose conduct is being investigated;

• (c) if that person’s involvement in the role could reasonably give rise to a concern as to whether that person could act impartially under these Regulations.

Signed

Signed by authority of the Secretary of State for Health and Social Care

Ashley Dalton — Parliamentary Under Secretary of State — Department of Health and Social Care — 7th March 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for the basis on which the Director General (the “Director General”) of the Independent Office for Police Conduct (“IOPC”) has oversight of complaints and other matters relating to the conduct of food crime officers of the Food Standards Agency (“FSA”). Section 114C of the Police and Criminal Evidence Act 1984 (c. 60) defines “food crime officers” (also see the definition of “officer” in regulation 2).

The statutory framework in accordance with which the IOPC has oversight of police conduct is set out in Part 2 of, and Schedule 3 to, the Police Reform Act 2002 (c. 30, “the 2002 Act”). These Regulations make provision which broadly reflects existing arrangements in accordance with which the IOPC has oversight of the police under the 2002 Act, but with modifications to reflect differences between the FSA and the police.

Part 1 contains introductory provision, including an interpretation provision.

Part 2 comprises regulations 3 to 13 and includes general provision as to complaints and misconduct. In particular, Part 2 includes provision about the persons, complaints and matters to whom and to which these Regulations apply; the application of certain provisions of the 2002 Act with modifications; the general functions of the Director General, the IOPC and the chief executive (“the chief executive”) of the FSA; reporting to the Secretary of State; and provision relating to payments and payment for assistance with investigations.

Part 3 comprises regulations 14 to 21 and includes provision about the handling of complaints and conduct matters. In particular, Part 3 includes provision about the preservation of evidence; the initial handling and recording of complaints; and the keeping of records.

Part 4 comprises regulations 22 to 28. Part 4 contains provision about the recording and referral of complaints and conduct matters by the chief executive to the Director General; the duties of the Director General on such references; and the power of the Director General to treat complaints or conduct matters as having been referred to the Director General.

Part 5 concerns the handling of death and serious injury (“DSI”) matters and comprises regulations 29 to 34. Part 5 contains provision in relation to the recording and referral of DSI matters that is broadly similar to the provision contained in Part 4.

Part 6 comprises regulations 35 to 57. In particular, Part 6 contains provision about the investigation of complaints and matters, including in particular the power of the Director General to determine the form of investigations; the appointment of persons to carry out investigations; investigations by the chief executive on the chief executive’s own behalf; investigations by a police force or the National Crime Agency under the direction of the Director General; investigations by the chief executive under the direction of the Director General; and investigations by the Director General. Part 6 also contains provision about combining, splitting and suspending investigations; the withdrawal of complaints; and the application of a special procedure and the carrying out of a severity assessment in certain cases of alleged serious misconduct.

Part 7 comprises regulations 58 to 71. In particular, Part 7 contains provision about duties to keep the complainant and certain other persons informed; the provision of information; and restrictions on the disclosure of sensitive information. Part 7 also contains provision relating to the power of the Director General to serve an information notice.

Part 8 comprises regulations 72 to 79. In particular, Part 8 contains provision about reports and recommendations following an investigation.

Part 9 comprises regulations 80 to 87. In particular, Part 9 contains provision about the power of the Director General to require a re-investigation of a complaint or matter and about the review of the outcome of a complaint. Part 9 also contains provision about the making of recommendations following an investigation.

Part 10 comprises regulation 88. This provision concerns the power of the chief executive to delegate functions under the Regulations to other FSA staff members.

The guidance referred to in regulations 19, 23, 26, 41, 48, 67 and 85 is IOPC statutory guidance on the police complaints system, issued under section 22 of the 2002 Act and can be viewed at https://www.policeconduct.gov.uk/complaints/information-for-police. Hard copies are available for inspection at the National Food Crime Unit, Food Standards Agency, at either Floor 6, Clive House, 70 Petty France, London SW1H 9EX or Apex House, Calthorpe Road, Birmingham B15 1TR, at reasonable times, following a written request to the address concerned or to nfcufutures@food.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes