Power to discontinue an investigation
70.—(1) The Commission shall not discontinue any investigation that is being carried out in accordance with regulation 45 except in any cases where the complaint, conduct matter or DSI matter under investigation falls within regulation 69(9).
(2) Where the Commission makes an order under this regulation or discontinues an investigation being carried out in accordance with regulation 45, it shall give notification of the discontinuance—
(a)to the appropriate authority;
(b)to every person entitled to be kept properly informed in relation to the subject matter of the investigation under regulation 14; and
(c)in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.
(3) Where the appropriate authority discontinues an investigation under regulation 69(2), the appropriate authority shall give notification of the discontinuance—
(a)to every person entitled to be kept properly informed in relation to the investigation under regulation 14; and
(b)in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.
(4) Where an investigation of a complaint, recordable conduct matter or DSI matter is discontinued in accordance with an order under regulation 69(1)—
(a)the Commission may give the appropriate authority directions in accordance with paragraph (5);
(b)the Commission may itself take any such steps of a description specified in paragraph (8) (with the exception of the step in paragraph (8)(c)) as it considers appropriate for purposes connected with the discontinuance of the investigation; and
(c)subject to the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of these Regulations in relation to that complaint or matter.
(5) A direction given to an appropriate authority by the Commission under paragraph (4)(a) may—
(a)require the appropriate authority to produce an investigation report on the discontinued investigation under regulation 72 and to take any subsequent steps under these Regulations;
(b)where the investigation concerned a complaint, require the appropriate authority to disapply the requirements of these Regulations as respects that complaint;
(c)in a case within regulation 69(9)(b), require the appropriate authority to subject the complaint to local resolution;
(d)direct the appropriate authority to handle the matter in whatever manner (if any) that authority thinks fit.
(6) The appropriate authority shall comply with any directions given to it under paragraph (5).
(7) Where an investigation of a complaint, recordable conduct matter or DSI matter is discontinued in accordance with regulation 69(2)—
(a)the appropriate authority may take any such steps of a description specified in paragraph (8) it considers appropriate for purposes connected with the discontinuance of the investigation; and
(b)subject to regulation 69 and the preceding paragraphs, neither the appropriate authority nor the Commission shall take any further action in accordance with the provisions of these Regulations in relation to that complaint or matter.
(8) For the purposes of paragraphs (4)(b) and (7)(a), the steps are—
(a)to produce an investigation report on the discontinued investigation and take any subsequent steps under these Regulations;
(b)where the investigation concerned a complaint, to disapply the requirements of these Regulations as respects that complaint;
(c)to subject the complaint to local resolution;
(d)to handle the matter in whatever manner the appropriate authority or (as the case may be) the Commission thinks fit.
(9) The complainant shall have a right of appeal to the relevant appeal body against any decision by the appropriate authority under regulation 69(2) to discontinue the investigation of the complaint.
(10) On an appeal under this regulation, subject to paragraphs (11) and (12), the relevant appeal body shall—
(a)determine whether any decision taken by the appropriate authority under this regulation should have been taken in the case in question; and
(b)if the relevant appeal body finds in the complainant’s favour, give such directions as the relevant appeal body thinks appropriate to the appropriate authority as to the action to be taken for investigating the complaint;
and it shall be the duty of the appropriate authority to comply with any directions given under paragraph (b).
(11) Paragraph (10) does not apply in a case where the chief officer is—
(a)the person in respect of whose decision an appeal is made under this regulation, and
(b)the relevant appeal body in relation to the appeal.
(12) In such a case—
(a)the appeal shall determine whether any decision taken by the appropriate authority under this paragraph should have been taken in the case in question; and
(b)if the appeal finds in the complainant’s favour, the chief officer must take such action as the chief officer thinks appropriate for investigating the complaint.