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The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017
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- UK Statutory Instruments
- 2017 No. 521
- PART 3
- Regulation 23
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Changes and effects yet to be applied to Regulation 23:
- Regulations word omitted by S.I. 2017/1250 reg. 36(3)
- Regulations words substituted by S.I. 2017/1250 reg. 36(2)(a)
- Regulations words substituted by S.I. 2017/1250 reg. 36(2)(b)
- Regulations words substituted by S.I. 2017/1250 reg. 36(2)(c)
- Regulations words substituted by S.I. 2017/1250 reg. 36(2)(d)
- reg. 23(3) substituted by S.I. 2017/1250 reg. 36(12)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 6(3A) inserted by S.I. 2017/1250 reg. 36(7)(a)
- reg. 6A 6B inserted by S.I. 2017/1250 reg. 36(8)
- reg. 7(6)(6A) substituted for reg. 7(6) by S.I. 2017/1250 reg. 36(9)(b)
- reg. 44(2)(2A) substituted for reg. 44(2) by S.I. 2017/1250 reg. 36(14)(a)
- reg. 67(2A)(2B) inserted by S.I. 2017/1250 reg. 36(18)(b)
Handling of complaints by the Chief ExecutiveE+W
This section has no associated Explanatory Memorandum
23.—(1) This regulation applies where a complaint has been recorded by the Chief Executive.
(2) But this regulation does not apply to a complaint if it is one that has been, or must be, referred to the Commission under regulation 21, unless the complaint is for the time being—
(a)referred back to the Chief Executive under regulation 22; or
(b)the subject of a determination under regulation 38 (power of the Commission to determine the form of an investigation).
(3) Section 24 was amended by paragraph 12 of Schedule 4 to the Police and Justice Act 2006 (c. 48), paragraph 289 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 6 and 7 of Schedule 14 to the Policing and Crime Act 2017 (c. 3).
(4) If the Chief Executive determines that the complaint is suitable for being subjected to local resolution, the Chief Executive must make arrangements for it to be so subjected
(5) If the Chief Executive determines that the complaint is not so suitable, the Chief Executive must make arrangements for the complaint to be investigated by the Chief Executive.
(6) A determination that a complaint is suitable for being subjected to local resolution may not be made unless the Chief Executive is satisfied that—
(a)the conduct complained of (even if it were proved) would not justify the bringing of any criminal or disciplinary proceedings against the person whose conduct is complained of; and
(b)the conduct complained of (even if it were proved) would not involve the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998(1)).
(7) In a case where this regulation applies to a complaint by virtue of paragraph (2)(b), a determination that the complaint is suitable for being subjected to local resolution may not be made unless the Commission approves the determination.
(8) No more than one application may be made to the Commission for the purposes of paragraph (7) in respect of the same complaint.
(9) Paragraph (7) (where applicable) is in addition to paragraph (6).
Commencement Information
I1Reg. 23 in force at 30.4.2017, see reg. 1
(1)
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