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The Revenue and Customs (Complaints and Misconduct) Regulations 2010
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- UK Statutory Instruments
- 2010 No. 1813
- PART 8
- Regulation 70
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Action by the IPCC in response to an investigation report under regulation 69
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70.—(1) On receipt of the report referred to in regulation 69, the IPCC shall determine whether 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.
(2) If the IPCC determines under paragraph (1) 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,
it shall make such recommendations or give such advice (if any) under regulation 7 as it considers necessary or desirable.
(3) Paragraph (2) does not affect any power of the IPCC to make recommendations or give advice under regulation 7 in other cases (whether arising under these Regulations or otherwise).
(4) If the IPCC determines under paragraph (1) 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,
it shall notify the appropriate authority in relation to the person whose conduct is in question of its determination, and, if it appears that the appropriate authority has not already been sent a copy of the report, send a copy of the report to that authority.
(5) Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the IPCC under paragraph (4), it shall record the matter under regulation 24 (recording etc. of conduct matters in other cases) as a conduct matter (and the other provisions of these Regulations shall apply in relation to that matter accordingly).
(6) Where a DSI matter is recorded under regulation 24 as a conduct matter by virtue of paragraph (5)—
(a)the person investigating the DSI matter shall (subject to any determination made by the IPCC under regulation 38(6) (power of the IPCC to determine the form of an investigation – further determination)) investigate the conduct matter as if appointed or designated to do so, and
(b)the other provisions of these Regulations shall apply in relation to that matter accordingly.
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