PART 6Investigations and Subsequent Proceedings
Other investigations: action by appropriate authority65.
(1)
This regulation applies where—
(a)
a statement and a special report on an investigation carried out by an appropriate authority on its own behalf; or
(b)
a statement and a special report on an investigation carried out under the supervision of the Commission,
are submitted to the appropriate authority under regulation 61(2) or (3).
(2)
The appropriate authority shall determine whether the special conditions are satisfied.
(3)
If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—
(a)
certify the case as a special case for the purposes of procedures for the taking of disciplinary proceedings in respect of the conduct of the contractor; and
(b)
take such steps as are required by those procedures in relation to a case so certified.
(4)
Where the statement and report were required under regulation 61(2) to be copied to the Commission, the appropriate authority shall notify the Commission of a certification under paragraph (3).
(5)
If the appropriate authority determines—
(a)
that the special conditions are not satisfied; or
(b)
that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,
it shall notify the person investigating the complaint or matter of its determination.
(6)
In this regulation “special conditions” has the meaning given by regulation 61(7).