76.—(1) If the Commission determines under regulation 75(4) that the report indicates that the contractor 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 authority has not already been sent a copy of the report, send a copy of the report to that authority.
(2) Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Commission under paragraph (1), it shall record the matter under regulation 30 (recording etc. of conduct matters in other cases) as a conduct matter.
(3) Where a DSI matter is recorded under regulation 30 as a conduct matter by virtue of paragraph (2)—
(a)the person investigating the DSI matter shall (subject to any determination made by the Commission under regulation 39(5)) 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.
(4) This paragraph applies where the Commission determines under regulation 75(4) that there is no indication in the report that the contractor may have—
(a)committed a criminal offence; or
(b)behaved in a manner which would justify the bringing of disciplinary proceedings.
(5) The Commission may notify the appropriate authority that it must determine—
(a)whether or not the performance of a contractor is unsatisfactory, and
(b)what action (if any) the authority will take in respect of any such person’s performance.
(6) On receipt of a notification under paragraph (5) the appropriate authority shall make those determinations and submit a memorandum to the Commission setting out the determinations the authority has made.
(7) On receipt of a memorandum under sub-paragraph (6), the Commission shall—
(a)consider the memorandum and whether the appropriate authority has made the determinations under paragraph (6) that the Commission considers appropriate;
(b)determine whether or not to make recommendations under regulation 79;
(c)make such recommendations (if any) under that regulation as it thinks fit.