- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
49.—(1) Where in the case of an investigation under—
(a)regulation 34; or
(b)regulation 36 other than by the Commissioner acting personally,
the Commissioner has made a severity assessment and indicates that it is appropriate to revise the assessment, the person investigating must refer the case to the Commissioner for the Commissioner to revise the assessment.
(2) Where in the case of an investigation under—
(a)regulation 34; or
(b)regulation 36 other than by the Commissioner acting personally,
the Commissioner has made a severity assessment and the person investigating forms the opinion that it is appropriate to revise that assessment, the person investigating must notify the Commissioner of that opinion.
(3) Where in any other case the person investigating has made a severity assessment and considers it appropriate to do so, the person investigating may revise the assessment.
(4) A severity assessment may only be revised after consultation with the appropriate authority.
(5) On the revision of a severity assessment, the person investigating must notify—
(a)the appropriate authority; and
(b)except where paragraph (6) applies, the person concerned,
of the result of the revision.
(6) This paragraph applies for so long as—
(a)in the case of an investigation under regulation 34 or 36, the Commissioner; or
(b)in the case of an investigation under regulation 33, the person investigating the complaint or matter,
considers the notification to the person concerned might prejudice the investigation or any other investigation.
(7) A notification under paragraph (5)(b) must be—
(a)given to the person concerned in person;
(b)left with a person at, or sent by recorded delivery to, the last known address of the person concerned; or
(c)given to the person concerned in any other manner agreed between the person investigating and the person concerned.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: