PART 4Handling of conduct matters

Conduct matters not required to be recorded

31.  For the purposes of regulations 29(4) and 30(7), a conduct matter is repetitious only if—

(a)it concerns substantially the same conduct as a previous complaint or conduct matter;

(b)there is no fresh indication in respect of that matter that a contractor may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings;

(c)there is no fresh evidence in respect of that matter which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and

(d)as respects the previous complaint or conduct matter, either—

(i)the complaint was locally resolved in accordance with the provisions of regulation 27;

(ii)the complaint was handled otherwise than in accordance with these Regulations or no action was taken in relation to it, in accordance with regulations 25 and 26 (disapplication of requirements of these Regulations);

(iii)the Commission gave the appropriate authority a direction under regulation 70 (power to discontinue an investigation);

(iv)the appropriate authority disapplied the requirements of these Regulations in accordance with regulation 26(4)(b);

(v)the complainant gave such notification as is mentioned in regulation 41(1); or

(vi)the requirements of regulations 73(9) or 74(11) (determination by the appropriate authority of what action to take) were complied with.