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38.—(1) This regulation applies where—
(a)a complaint or recordable conduct matter or DSI matter is referred to the IPCC; and
(b)the IPCC determines that it is necessary for the complaint or matter to be investigated.
(2) It shall be the duty of the IPCC to determine the form which the investigation shall take.
(3) In making a determination under paragraph (2) the IPCC shall have regard to the seriousness of the case and the public interest.
(4) The only forms which the investigation may take in accordance with a determination made under this regulation are—
(a)an investigation by the appropriate authority on its own behalf;
(b)an investigation by the appropriate authority under the supervision of the IPCC;
(c)an investigation by a police force under the supervision of the IPCC;
(d)an investigation by the appropriate authority under the management of the IPCC;
(e)an investigation by a police force under the management of the IPCC;
(f)an investigation by the IPCC.
(5) An investigation under this regulation relating to any conduct of the Commissioners may only be carried out in the form specified in paragraph (4)(c), (4)(e) or (4)(f).
(6) The IPCC may at any time make a further determination under this regulation to replace an earlier one.
(7) Where a determination under this regulation replaces an earlier determination under this regulation, or relates to a complaint or matter in relation to which the appropriate authority has already begun an investigation on its own behalf, the IPCC may give—
(a)the appropriate authority, and
(b)any person previously appointed to carry out the investigation,
such directions as it considers appropriate for the purpose of giving effect to the new determination.
(8) It shall be the duty of a person to whom a direction is given under paragraph (7) to comply with it.
(9) The IPCC shall notify the appropriate authority of any determination that it makes under this regulation in relation to a particular complaint or recordable conduct matter or DSI matter.
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