Duties with respect to disciplinary proceedings etc.
79.—(1) This regulation applies where, in the case of any investigation, the appropriate authority—
(a)has given, or is required to give, a notification under regulation 74(12) (action by the appropriate authority in response to an investigation report under regulation 72) of the action it is required to or will, in its discretion, take in relation to the matters dealt with in any report of the investigation;
(b)has submitted, or is required to submit, a memorandum to the Commission under regulation 73 (action by the Commission in response to an investigation report under regulation 72) or 77 (appeals with respect to an investigation) setting out the action that it is required to or will, in its discretion, take in relation to those matters; or
(c)has submitted, or is required to submit, a memorandum to the Commission under regulation 76.
(2) Subject to regulation 60 (restrictions on proceedings pending the conclusion of an investigation) and to any recommendations or directions under the following provisions of this regulation, it shall be the duty of the appropriate authority—
(a)to take the action which has been or is required to be notified or, as the case may be, which is or is required to be set out in the memorandum; and
(b)in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.
(3) Where this regulation applies by virtue of paragraph (1)(b), the Commission may make a recommendation to the appropriate authority in respect of the contractor—
(a)that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to the conduct to which the investigation related;
(b)that the person’s performance is, or is not, unsatisfactory;
(c)that disciplinary proceedings or unsatisfactory performance proceedings of the form specified in the recommendation are brought against that person in respect of the conduct, efficiency or effectiveness to which the investigation related;
(d)that any disciplinary proceedings or unsatisfactory performance proceedings brought against that person are modified so as to deal with such aspects of that conduct, efficiency or effectiveness as may be so specified,
and it shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.
(4) Where this paragraph applies by virtue of paragraph (1)(c), the Commission may make a recommendation to the appropriate authority—
(a)that the performance of a contractor is, or is not, satisfactory;
(b)that action of the form specified in the recommendation is taken in respect of the person’s performance;
and it shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to set out in the notification the steps that it is proposing to take to give effect to it.
(5) If, after the Commission has made a recommendation under this regulation, the appropriate authority does not take steps to secure that full effect is given to the recommendation—
(a)the Commission may direct the appropriate authority to take steps for that purpose; and
(b)it shall be the duty of the appropriate authority to comply with the direction.
(6) A direction under paragraph (5) may, to such extent as the Commission thinks fit, set out the steps to be taken by the appropriate authority in order to give effect to the recommendation.
(7) Where the Commission gives the appropriate authority a direction under this regulation, it shall supply the appropriate authority with a statement of its reasons for doing so.
(8) Where disciplinary proceedings or unsatisfactory performance proceedings have been brought in accordance with a recommendation or direction under this regulation, it shall be the duty of the authority to ensure that they are proceeded with to a proper conclusion.
(9) The Commission may at any time withdraw a direction given under this regulation, and paragraph (8) shall not impose any obligation in relation to any time after the withdrawal of the direction.
(10) The appropriate authority shall keep the Commission informed—
(a)in a case in which this regulation applies by virtue of paragraph (1)(b) or (c), of whatever action it takes in pursuance of its duty under paragraph (2); and
(b)in every case of a recommendation or direction under this regulation, of whatever action it takes in response to that recommendation or direction.