The Food Crime Officers (Complaints and Misconduct) Regulations 2025

• (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

88

• (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

[^f00001]: 2002 c. 30. Section 26E was inserted by type=start slip=2025-04-01 time=1744382100336section 54(4)(b)type=end slip=2025-04-01 time=1744382100336 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). The Police Reform Act 2002 was also amended by Schedule 9 to the Policing and Crime Act 2017 (c. 3). Other relevant amendments to the Police Reform Act 2002 are set out in subsequent footnotes.

[^f00002]: Section 24 was amended by paragraph 12 of Schedule 4 to the Police and Justice Act 2006 (c. 48), paragraph 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 6 and 7 of Schedule 14 to the Policing and Crime Act 2017.

[^f00003]: The Independent Office for Police Conduct is a body corporate by virtue of section 9 of the Police Reform Act 2002, as amended by section 33 of the Policing and Crime Act 2017. There are other amendments to section 9 of the Police Reform Act 2002, but these are not relevant to this instrument.

[^f00004]: 1996 c. 16. Section 63(3)(b) was substituted by paragraphs 68 and 78 of Schedule 4 to the Serious Organised Crime Act 2005 (c. 15); there are other amendments to section 63, but these are not relevant to this instrument.

[^f00005]: 1984 c. 60, amended by section 54 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). There are other amendments, but these are not relevant to this instrument.

[^f00006]: 1994 c. 33. There are amendments, but these are not relevant to this instrument.

[^f00007]: The Food Standards Agency was established by section 1 of the Food Standards Act 1999 (c. 28).

[^f00008]: 1980 c. 43. Section 33 was amended by Schedule 4 to the Criminal Justice Act 1991 (c. 53); type=start slip=2025-04-01 time=1744382183379section 2 oftype=end slip=2025-04-01 time=1744382183379 the Aggravated Vehicle-Taking Act 1992 (c. 11); and Schedule 37 to the Criminal Justice Act 2003 (c. 44).

[^f00009]: Section 9 was amended by Schedules 2 and 17 to the Serious Organised Crime and Police Act 2005 (c. 15); Schedule 14 to the Police and Justice Act 2006 (c. 48); Schedule 8 to the Crime and Courts Act 2013 (c. 22); and section 33 of the Policing and Crime Act 2017.

[^f00010]: Section 19 was amended by Schedule 9 to the Policing and Crime Act 2017 and Schedule 1 to the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4).

[^f00011]: Section 22 was amended by Schedule 12 to the Serious Organised Crime and Police Act 2005; Schedule 4 to the Police and Justice Act 2006 (c. 48); Schedule 16 to the Police Reform and Social Responsibility Act 2011; and Schedules 5, 9 and 14 to the Policing and Crime Act 2017.

[^f00012]: The National Crime Agency was established by section 1 of the Crime and Courts Act 2013 (c. 22).

[^f00013]: Paragraph 6A was inserted by Schedule 9 to the Policing and Crime Act 2017 (c. 3).

[^f00014]: 1996 c. 16. Section 97(8) of the Police Act 1996 was amended by: Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15); Schedule 15 to the Police and Justice Act 2006 (c. 48); Schedule 14 to the Serious Crime Act 2007 (c. 27); Schedule 8 to the Crime and Courts Act 2013; and by S.I. 2007/1098 and 2012/2954.

[^f00015]: 1992 c. 52.

[^f00016]: 1996 c. 18. Section 200 of the Employment Rights Act 1996 was amended by: section 6 of the Police (Health and Safety) Act 1997 (c. 42); Schedule 9 to the Employment Relations Act 1999 (c. 26); section 37 of the Police Reform Act 2002; and Schedule 1 to the Employment Relations Act 2004 (c. 24).

[^f00017]: 1984 c. 60.

[^f00018]: 2000 c. 23. Part 1 was amended by Schedule 10 to the Investigatory Powers Act 2016.

[^f00019]: 2016 c. 25, to which there are amendments, but these are not relevant to this instrument.

[^f00020]: Section 261 of the Investigatory Powers Act 2016 was amended by sections 13 and 19 of the Investigatory Powers (Amendment) Act 2024 (c. 9).

[^f00021]: 2006 c. 52, to which there are amendments, but these are not relevant to this instrument.

[^f00022]: 1975 c. 26, to which there are amendments, but these are not relevant to this instrument.