The Revenue and Customs (Complaints and Misconduct) (Amendment) Regulations 2006

• Citation: S.I. 2006/1748
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Revenue and Customs (Complaints and Misconduct) (Amendment) Regulations 2006 and shall come into force on 27th July 2006.

(2) The amendments made to the Complaints and Misconduct Regulations by regulations 3, 4, 5 and 6 shall have effect from the date these Regulations come into force.

Section 2 Interpretation

In these Regulations—

“Complaints and Misconduct Regulations” means the Revenue and Customs (Complaints and Misconduct) Regulations 2005 .

Section 3 Amendment of the Complaints and Misconduct Regulations

After regulation 4 of the Complaints and Misconduct Regulations insert—

(4A)

(1) For the purpose of the application of the Complaints Regulations under regulation 4, the amendments made to those Regulations by the provisions specified in paragraph (2) shall apply.

(2) The provisions specified are—

(a) regulation 26 of the Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 , and

(b) regulation 2 of the Police (Complaints and Misconduct) (Amendment) Regulations 2006 .

(3) This regulation has effect from 27th July 2006.

Section 4 Amendment of Schedule 1 to the Complaints and Misconduct Regulations

(1) Schedule 1 to the Complaints and Misconduct Regulations shall be amended as follows.

(2) In paragraph 4(3) after “(2B)(a),” insert “(2B)(b) ,”.

Section 5 Amendment of Schedule 3 to the Complaints and Misconduct Regulations

(1) Schedule 3 to the Complaints and Misconduct Regulations shall be amended as follows.

(2) After paragraph 4(1) insert—

(1A) After sub-paragraph (1) insert—

(1A) The obligation on the Head of the Home Civil Service under sub-paragraph (1)(a) or (b) to refer a complaint about the conduct of a person in respect of whom he is the appropriate authority arises only if the Head of the Home Civil Service is satisfied that the complaint contains an indication that a criminal offence may have been committed by that person.

(1B) The obligation on the Chairman or the Commissioners under sub-paragraph (1)(a) or (1)(b) to refer a complaint about the conduct of a person in respect of whom he is or they are the appropriate authority arises only if he is or they are satisfied that the complaint contains an indication that the person may have—

(a) committed a criminal offence; or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings and that such behaviour (if it had taken place) would be likely to lead to the termination of that person’s office or employment.

(3) Omit paragraphs 8(4)(a), 8(5), 9(2)(a) and 9(3).

(4) After paragraph 11(2) insert—

(2A) After sub-paragraph (1) insert—

(1A) Sub-paragraph (1) is subject to sub-paragraphs (1B) and (1C).

(1B) The obligation on the Head of the Home Civil Service under sub-paragraph (1)(a) or (1)(b) to refer a recordable conduct matter in respect of a person for whom he is the appropriate authority arises only if the Head of the Home Civil Service is satisfied that the matter is one in respect of which there is an indication that a criminal offence may have been committed by that person.

(1C) The obligation on the Chairman or the Commissioners under sub-paragraph (1)(a) or (1)(b) to refer a recordable conduct matter in respect of a person for whom he is or they are the appropriate authority arises only if he is or they are satisfied that the matter is one in respect of which there is an indication that the person may have—

(a) committed a criminal offence; or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings and that such behaviour (if it had taken place) would be likely to lead to the termination of that person’s office or employment.

(5) For paragraph 17(4) substitute—

(4) For sub-paragraph (3) substitute—

(3) It shall be the duty of the appropriate authority to appoint an officer to investigate the complaint or matter.

(6) In paragraph 17(5) for “sub-paragraph (5)” substitute “sub-paragraphs (4) and (5) ”.

Section 6 Amendment of Part 1 of Schedule 4 to the Complaints and Misconduct Regulations

(1) Part 1 of Schedule 4 to the Complaints and Misconduct Regulations shall be amended as follows.

(2) In paragraph 9(b) for “and (b)” substitute “, (b) and (ab) ”.

(3) Omit paragraph 11(6).