- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
56.—(1) If during the course of an investigation of a complaint or matter which falls to be determined under these Regulations it appears to the person investigating that there is an indication that the person whose conduct is in question may have—
(a)committed a criminal offence, or
(b)behaved in a manner which would justify the bringing of disciplinary proceedings,
the person investigating the complaint or matter must give a notification to the person whose conduct is in question that complies with paragraph (2) .
(2) The notification must—
(a)provide sufficient details of the complaint or matter in question so that the person whose conduct is in question may make representations to the person investigating the complaint or matter;
(b)give the information about the effect of regulation 57 (duty to consider submissions from the person whose conduct is in question);
(c)set out the time limits for providing the person investigating the complaint or matter with relevant statements and relevant documents for the purposes of regulation 57(2);
(d)give such information that may be set out in guidance.
(3) Paragraphs (1) and (2) do not apply for so long as the person investigating the complaint or the matter considers that giving the notification might prejudice—
(a)the investigation, or
(b)any other investigation (including, in particular, a criminal investigation).
(4) In this regulation and regulations 57 and 58, the person whose conduct is in question—
(a)in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating that there is the indication mentioned in paragraph (1);
(b)in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.
(5) In this regulation—
(a)“relevant document” means—
(i)a document relating to any complaint or matter under investigation, and
(ii)includes such a document containing suggestions as to lines of inquiry to be pursued or witness to be interviewed;
(b)“relevant statement” means an oral or written statement relating to any complaint or matter under investigation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: