111.—(1) Amend the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008(1) as follows.U.K.
(2) In regulation 4(4) (modification of section 65 of the 1998 Act) for “Secretary of State” substitute “Department of Justice”.
(3) In regulation 8(5)(c) (complaints: making and receipt) for “Secretary of State” substitute “Department of Justice”.
(4) In regulation 14(1)(c) (modification of section 55 of the 1998 Act) in the text inserted as section 55(8) after “the Board” insert “, the Department of Justice”.
(5) In regulation 19(3)(b) (Ombudsman’s report on investigation under section 55 of the 1998 Act) for “Secretary of State” substitute “Department of Justice”.
(6) In regulation 23 (expenses of complainants and witnesses) for “Secretary of State” substitute “Department of Justice”.
(7) After Part 7 insert—
In section 65 of the 1998 Act as it applies by virtue of regulation 4(1) above, the power of the Secretary of State to issue guidance includes power to issue guidance concerning the discharge of functions under Parts 1 to 7 above and this Part (and section 65(7) of the 1998 Act applies accordingly).
In a case where, for the purposes of regulation 8(5)(c) above, the Ombudsman is of the opinion that compliance with the request would be contrary to the public interest on the ground of national security (or on grounds including national security), in regulation 8(5)(c) above the reference to the Department of Justice is to be read as a reference to the Secretary of State.
At the end of an investigation of a matter investigated under section 55 of the 1998 Act concerning the relevant conduct of a designated person, the Ombudsman shall send a copy of the report on the investigation to the Secretary of State if the report relates wholly or in part to an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998(2)), a reserved matter (within the meaning given by that section) or a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.”
Commencement Information
I1Sch. 3 para. 111 in force at 12.4.2010, see art. 1(2)
112.—(1) Parts 1 to 7 of the Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (as amended by paragraph 111(2) to (6) above) continue in effect as if made by the Department of Justice under section 34 of the Police (Northern Ireland) Act 2003(3).U.K.
(2) Part 8 of those Regulations (as inserted by paragraph 111(7) above) has effect as if made by the Secretary of State under section 34A of the 2003 Act (as inserted by paragraph 93(3) above).
(3) Any other regulations in effect under section 34 of the 2003 Act immediately before the coming into force of this Order continue in effect as if made by the Department of Justice and any functions of the Secretary of State under those regulations are transferred to the Department of Justice.
Commencement Information
I2Sch. 3 para. 112 in force at 12.4.2010, see art. 1(2)