The National Crime Agency (Complaints and Misconduct) Regulations 2013

1. Introductory Text

2. PART 1

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. Revocation and transitional provisions

3. PART 2

   1. 4. Application: general

   2. 5. Application of the 2002 Act

   3. 6. General functions of the Commission under these Regulations

   4. 7. Reports to the Secretary of State

   5. 8. Complaints, matters and persons to which these Regulations apply

   6. 9. General duties of the Permanent Secretary, Director General and inspectors

   7. 10. Payment for assistance with investigations

   8. 11. Provision of information to the Commission

   9. 12. Inspection of premises on behalf of the Commission

   10. 13. Duty to keep the complainant informed

   11. 14. Duty to provide information for other persons

   12. 15. Manner in which duties to provide information are to be performed

   13. 16. Exceptions to the duty to keep the complainant informed and to provide information for other persons

4. PART 3

   1. 17. Duties to preserve evidence relating to complaints

   2. 18. Initial handling and recording of complaints

   3. 19. Copies of complaints etc

   4. 20. Recording of complaints

   5. 21. Failures to notify or record a complaint

   6. 22. Reference of complaints to the Commission

   7. 23. Duties of the Commission on references under regulation 22

   8. 24. Handling of complaints by the appropriate authority

   9. 25. Disapplication of requirements of these Regulations

   10. 26. Local resolution of complaints

   11. 27. Appeals relating to complaints dealt with other than by investigation

5. PART 4

   1. 28. Conduct matters arising in civil proceedings

   2. 29. Recording etc. of conduct matters in other cases

   3. 30. Conduct matters not required to be recorded

   4. 31. Duties to preserve evidence relating to conduct matters

   5. 32. Reference of conduct matters to the Commission

   6. 33. Duties of the Commission on references under regulation 28

6. PART 5 DSI

   1. 34. Duty to record DSI matters

   2. 35. Duty to preserve evidence relating to DSI matters

   3. 36. Reference of DSI matters to the Commission

   4. 37. Duties of Commission on references under regulation 36

7. PART 6

   1. 38. Power of the Commission to determine the form of an investigation

   2. 39. Appointment of persons to carry out investigations

   3. 40. Withdrawn complaints

   4. 41. Investigations by the appropriate authority on its own behalf

   5. 42. Investigations supervised by the Commission

   6. 43. Investigations managed by the Commission

   7. 44. Investigations by the Commission itself

   8. 45. Combining and splitting investigations

   9. 46. Relinquishing the Commission’s supervision or management of an investigation

   10. 47. Circumstances in which an investigation or other procedure may be suspended

   11. 48. Resumption of investigation after criminal proceedings

   12. 49. Special procedure: assessment of seriousness of conduct under investigation

   13. 50. Duty to consider submissions from person whose conduct is being investigated

   14. 51. Interview of person whose conduct is being investigated

   15. 52. Duty to provide certain information to appropriate authority

   16. 53. NCA friend

   17. 54. Interview of the Director General or an NCA officer during certain investigations

   18. 55. Restrictions on proceedings pending the conclusion of an investigation

   19. 56. Accelerated procedure in special cases

   20. 57. Investigations managed or carried out by Commission: action by appropriate authority

   21. 58. Investigations managed or carried out by Commission: action by Commission

   22. 59. (1) On receipt of a memorandum under regulation 57(5), the...

   23. 60. Other investigations: action by appropriate authority

   24. 61. (1) If the appropriate authority certifies a case under regulation...

   25. 62. Special cases: recommendation or direction of Commission

   26. 63. (1) Where— (a) the Commission makes a recommendation under regulation...

   27. 64. Power to discontinue an investigation

   28. 65. Procedure where conduct matter is revealed during investigation of DSI matter

8. PART 7

   1. 66. Final reports on investigations: complaints, conduct matters and certain DSI matters

   2. 67. Action by the Commission in response to an investigation report under regulation 66

   3. 68. Action by the appropriate authority in response to an investigation report under regulation 66

   4. 69. Final reports on investigations: other DSI matters

   5. 70. Action by the Commission in response to an investigation report under regulation 69

   6. 71. Appeals with respect to an investigation

   7. 72. Reviews and re-investigations following an appeal

   8. 73. Duties with respect to disciplinary proceedings

   9. 74. Information for complainant about disciplinary recommendations

9. PART 8

   1. 75. Complaints or conduct matters concerning a person who has subsequently ceased to be the Director General or an NCA officer

   2. 76. Complaints or conduct matters concerning a person whose identity is unascertained

   3. 77. Notification of actions and decisions

   4. 78. Keeping of records

   5. 79. Register to be kept by the Commission

   6. 80. Delegation of powers and duties by the Director General

   7. 81. Manner and time limits of notifications

   8. 82. Appeals

   9. 83. Relevant appeal body

10. Signature

11. Explanatory Note