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Arrangements for the handling of complaints and other matters

Serious Complaints and Conduct Matters

55. Where the Commission makes an order of discontinuance regarding a complaint being investigated under its management, or discontinues an investigation being carried out by the Commission itself, the Panel will receive notification of that discontinuance.

 

56. Where an investigation of a complaint or conduct matter is discontinued in this way, the Panel will receive and comply with any directions which the Commission may give about the complaint or conduct matter.

 

57. Subject to this, the Panel will not take any further action under these regulations in relation to that complaint or matter.

 

58. A direction under the preceding paragraph may:-

(a) where the investigation concerned a complaint, require the Panel to disapply the requirements of the regulations as regards the complaint;

(b) require the Panel to handle the complaint in accordance with paragraphs 42 to 54 inclusively;

(c) direct the Panel to handle the matter in whatever manner (if any) the Panel thinks fit.

 

59. The Panel will receive notifications from the Commission:-

·   Of the Commission's determination whether a report or an investigation carried out under its management or by a person designated by it, indicates that a criminal offence may have been committed by a relevant office holder, and whether the circumstances are such that in the Commission's opinion it is appropriate for the matters in the report to be considered by the Director of Public Prosecutions ("the DPP"), and if so that the DPP has been notified of the determination and been sent a copy of the report;

· If criminal proceedings are brought against any person by the DPP in respect of any matters dealt with in a report copied to him by the Commission.

 

60. The Panel will also receive a copy of any report referred to in the preceding paragraph.