Police (Northern Ireland) Act 1998

Part VII N.I. Police complaints and disciplinary proceedings

Modifications etc. (not altering text)

C1 Pt. 7 applied (with modifications) (1.7.2008) by Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (S.R. 2008/242), regs. 1(2), 4-66

50 Interpretation of this Part. N.I.

(1) In this Part—

• “the appropriate disciplinary authority” means—

(a) in relation to a senior officer, the [F1 Board]; and

(b) in relation to any other member of the police force, the Chief Constable;

• “complaint” shall be construed in accordance with section 52(8);

• “complainant” means the person by, or on behalf of whom, a complaint is made;

• [F2 “ the Director ” means the Director of Public Prosecutions for Northern Ireland; ]

• “disciplinary proceedings” means—

(a) in relation to a member of the [F3 Police Service of Northern Ireland], proceedings identified as such by regulations under section 25;

(b) in relation to a reserve constable, proceedings identified as such by regulations under section 26;

• “officer of the Ombudsman” means—

(a) a person employed by the Ombudsman under paragraph 3(1) of Schedule 3;

(b) a person providing assistance to the Ombudsman in pursuance of arrangements made under paragraph 3(2) of Schedule 3;

(c) a member of the police force on temporary service with the Ombudsman in accordance with arrangements under paragraph 5 of Schedule 3;

(d) a member of the police force providing assistance to the Ombudsman under paragraph 6 of Schedule 3;

(e) a member of a police force in Great Britain on temporary service with the Ombudsman in accordance with arrangements under paragraph 8 of Schedule 3;

• “the Ombudsman” means the Police Ombudsman for Northern Ireland;

• “police officer” means a member of—

(a) the police force; or

(b) a police force in Great Britain;

• “prescribed” means prescribed by regulations under section 64;

• “serious complaint” means a complaint—

(a) alleging that the conduct complained of resulted in the death of, or serious injury to, some person; or

(b) of such other description as may be prescribed;

• “serious injury” means a fracture, damage to an internal organ or impairment of bodily function.

(2) Where a complaint is made orally, references in this Part to a complaint being referred to a body or person shall be read as references to particulars of the complaint being so referred.

Textual Amendments

F1 Words in s. 50 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F2 Definition in s. 50(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(2), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5

F3 Words in s. 50(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(b); S.R. 2001/396, art. 2, Sch.

51 The Police Ombudsman for Northern Ireland. N.I.

(1) For the purposes of this Part there shall be a Police Ombudsman for Northern Ireland.

(2) The person for the time being holding the office of Police Ombudsman for Northern Ireland shall by that name be a corporation sole.

(3) Schedule 3 shall have effect in relation to the Police Ombudsman for Northern Ireland (in this Part referred to as “the Ombudsman”).

(4) The Ombudsman shall exercise his powers under this Part in such manner and to such extent as appears to him to be best calculated to secure—

(a) the efficiency, effectiveness and independence of the police complaints system; and

(b) the confidence of the public and of members of the police force in that system.

(5) The Independent Commission for Police Complaints for Northern Ireland is hereby abolished.

52 Complaints – receipt and initial classification of complaints. N.I.

(1) For the purposes of this Part, all complaints about the police force shall either—

(a) be made to the Ombudsman; or

(b) if made to a member of the police force, the [F4 Board[F5 , the Director]] or the [F6 Department of Justice], be referred immediately to the Ombudsman.

(2) Where a complaint—

(a) is made to the Chief Constable; and

(b) appears to the Chief Constable to be a complaint to which subsection (4) applies,

the Chief Constable shall take such steps as appear to him to be desirable for the purpose of preserving evidence relating to the conduct complained of.

(3) The Ombudsman shall—

(a) record and consider each complaint made or referred to him under subsection (1); and

(b) determine whether it is a complaint to which subsection (4) applies.

(4) Subject to subsection (5), this subsection applies to a complaint about the conduct of a member of the police force which is made by, or on behalf of, a member of the public.

(5) Subsection (4) does not apply to a complaint in so far as it relates to the direction and control of the police force by the Chief Constable.

(6) Where the Ombudsman determines that a complaint made or referred to him under paragraph (1) is not a complaint to which subsection (4) applies, he shall refer the complaint to the Chief Constable, the [F4 Board[F7 , the Director]] or the [F8 Department of Justice] as he thinks fit and shall notify the complainant accordingly.

(7) A complaint referred under subsection (6) shall be dealt with according to the discretion of the Chief Constable, the [F4 Board[F7 , the Director]] or the [F9 Department of Justice] (as the case may be).

(8) Subject to subsection (9), where the Ombudsman determines that a complaint made or referred to him under subsection (1) is a complaint to which subsection (4) applies, the complaint shall be dealt with in accordance with the following provisions of this Part; and accordingly references in those provisions to a complaint shall be construed as references to a complaint in relation to which the Ombudsman has made such a determination.

(9) If any conduct to which a complaint wholly or partly relates is or has been the subject of disciplinary or criminal proceedings, none of the following provisions of this Part shall have effect in relation to the complaint in so far as it relates to that conduct.

(10) In the case of a complaint made otherwise than as mentioned in subsection (2)(a), the Chief Constable shall, if so requested by the Ombudsman, take such steps as appear to the Chief Constable to be desirable for the purpose of preserving evidence relating to the conduct complained of.

Textual Amendments

F4 Word in s. 52 substituted (4.11.2001) by 2000 c. 32 , s. 78(1) , Sch. 6 para. 23(5)(a) ; S.R. 2001/396 , art. 2 , Sch.

F5 Words in s. 52(1)(b) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26) , ss. 34(3) , 87(1) ; S.R. 2005/281 , art. 2(1) , Sch. 1 para. 5

F6 Words in s. 52(1)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 27 (with arts. 28-31)

F7 Words in s. 52(6) (7) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26) , ss. 34(3) , 87(1) ; S.R. 2005/281 , art. 2(1) , Sch. 1 para. 5

F8 Words in s. 52(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 27 (with arts. 28-31)

F9 Words in s. 52(7) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 27 (with arts. 28-31)

53 Complaints – informal resolution. N.I.

(1) The Ombudsman shall consider whether the complaint is suitable for informal resolution and may for that purpose make such investigations as he thinks fit.

(2) A complaint is not suitable for informal resolution unless—

(a) the complainant gives his consent; and

(b) it is not a serious complaint.

(3) If it appears to the Ombudsman that the complaint is suitable for informal resolution, he shall refer the complaint to the appropriate disciplinary authority.

(4) Where a complaint is referred under subsection (3), the appropriate disciplinary authority shall seek to resolve it informally and may appoint a member of the police force to do so on behalf of the authority.

(5) The Chief Constable shall, at the request of the [F10 Board], provide a member of the police force to be appointed by the [F10 Board] under subsection (4).

(6) If, after attempts have been made to resolve a complaint informally, it appears to the appropriate disciplinary authority—

(a) that informal resolution of the complaint is impossible; or

(b) that the complaint is for any other reason not suitable for informal resolution,

the appropriate disciplinary authority shall notify the Ombudsman accordingly and refer the complaint to him.

(7) Subject to subsection (8), no statement made by any person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.

(8) A statement is not rendered inadmissible by subsection (7) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.

Textual Amendments

F10 Words in s. 53(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

54 Complaints – formal investigation. N.I.

(1) If—

(a) it appears to the Ombudsman that a complaint is not suitable for informal resolution; or

(b) a complaint is referred to the Ombudsman under section 53(6),

the complaint shall be formally investigated as provided in subsection (2) or (3).

(2) Where the complaint is a serious complaint, the Ombudsman shall formally investigate it in accordance with section 56.

(3) In the case of any other complaint, the Ombudsman may as he thinks fit—

(a) formally investigate the complaint in accordance with section 56; or

(b) refer the complaint to the Chief Constable for formal investigation by a police officer in accordance with section 57.

55 Consideration of other matters by the Ombudsman. N.I.

(1) The [F11 Board][F12 , the Department of Justice]F13 ... or the Secretary of State may refer to the Ombudsman any matter which—

(a) appears to [F14 the Board]F13 ... or the Secretary of State to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if, after consultation with the Ombudsman and the Chief Constable, it appears to [F14 the Board]F13 [F15 ...] or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.

[F16 (1A) The Secretary of State may refer a matter to the Ombudsman under subsection (1) only if it appears to the Secretary of State that the matter relates (in whole or in part) to an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998).]

(2) The Chief Constable shall refer to the Ombudsman any matter which appears to the Chief Constable to indicate that conduct of a member of the police force may have resulted in the death of some other person.

(3) Where any matter is referred to the Ombudsman under subsection (1) or (2), he shall formally investigate the matter in accordance with section 56.

(4) The Chief Constable may refer to the Ombudsman any matter which—

(a) appears to the Chief Constable to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if it appears to the Chief Constable that it is desirable in the public interest that the Ombudsman should investigate the matter.

[F17 (4A) The Director shall refer to the Ombudsman any matter which—

(a) appears to the Director to indicate that a police officer—

(i) may have committed a criminal offence; or

(ii) may, in the course of a criminal investigation, have behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

unless it appears to the Director that the Ombudsman is already aware of the matter.

(4B) In subsection (4A) “ criminal investigation ” has the same meaning as in Part 2 of the Criminal Procedure and Investigations Act 1996 (c. 25). ]

(5) Where any matter is referred to the Ombudsman under subsection (4)[F18 , or (4A)], he shall formally investigate the matter in accordance with section 56 if it appears to him that it is desirable in the public interest that he should do so.

(6) The Ombudsman may of his own motion formally investigate in accordance with section 56 any matter which—

(a) appears to the Ombudsman to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if it appears to the Ombudsman that it is desirable in the public interest that he should do so.

(7) The Ombudsman shall notify—

(a) the [F11 Board][F19 , the Department of Justice]F20 ... or the Secretary of State, in the case of a matter referred under subsection (1);

(b) the Chief Constable, in the case of a matter referred under subsection (2) or (4),

of the outcome of any criminal or disciplinary proceedings brought against a member of the police force in respect of, or in connection with, the matter so referred.

Textual Amendments

F11 Words in s. 55 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F12 Words in s. 55(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 28(2) (with arts. 28-31)

F13 Words in s. 55(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5 omitted (13.6.2005) by virtue of Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(2), 19(1), Sch. 4; S.R. 2005/282, art. 2

F14 Words in s. 55(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(c); S.R. 2001/396, art. 2, Sch.

F15 Words in s. 55(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5

F16 S. 55(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 28(3) (with arts. 28-31)

F17 S. 55(4A)(4B) inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(3), 19(1); S.R. 2005/282, art. 2

F18 Words in s. 55(5) inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(4), 19(1); S.R. 2005/282, art. 2

F19 Words in s. 55(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 28(2) (with arts. 28-31)

F20 Words in s. 55(7) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5 and omitted (13.6.2005) by virtue of Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(5), 19(1), Sch. 4; S.R. 2005/282, art. 2

56 Formal investigation by the Ombudsman. N.I.

(1) Where a complaint or matter is to be formally investigated by the Ombudsman under section 54(2) or (3)(a) or 55(3), (5) or (6), he shall appoint an officer of the Ombudsman to conduct the investigation.

[F21 (1A) Where an investigation is authorised by virtue of section 85 (read with section 86A) of the Criminal Justice Act 2003 (investigation of the commission of certain offences by persons acquitted), the Ombudsman shall appoint an officer of the Ombudsman to conduct the investigation.]

(2) The [F22 Department of Justice] may by order provide that any provision of the M1 Police and Criminal Evidence (Northern Ireland) Order 1989 which relates to investigation of offences conducted by police officers (within the meaning of that Order) shall apply, subject to such modifications as the order may specify, to investigations under this section conducted by persons who are not police officers (within the meaning of that Order).

(3) A person employed by the Ombudsman under paragraph 3(1) of Schedule 3 shall for the purpose of conducting, or assisting in the conduct of, an investigation under this section have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of [F23 section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.

(4) Section 66 applies to a person to whom subsection (3) applies as it applies to a constable.

(5) A person to whom subsection (3) applies shall not be regarded as in police service for the purposes of—

(a) Article 145 of the M2 Trade Union and Labour Relations (Northern Ireland) Order 1995; or

(b) Article 243 of the M3 Employment Rights (Northern Ireland) Order 1996.

(6) At the end of an investigation under this section the person appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.

Textual Amendments

F21 S. 56(1A) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912), arts. 1(3), 11(2)

F22 Words in s. 56(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 29 (with arts. 28-31)

F23 Words in s. 56(3) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(d); S.R. 2001/396, art. 2, Sch.

Marginal Citations

M1 1989 NI 12.

M2 1995 NI 12.

M3 1996 NI 16.

57 Formal investigation by a police officer. N.I.

(1) Where a complaint is referred to the Chief Constable under section 54(3)(b), he shall appoint a police officer to investigate it formally on behalf of the Ombudsman.

(2) A member of the police force may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under section 53(4).

(3) The Ombudsman may require—

(a) that no appointment of a person to conduct an investigation under this section shall be made unless the Ombudsman has given notice to the Chief Constable that he approves the person whom the Chief Constable proposes to appoint; or

(b) if such an appointment has already been made and the Ombudsman is not satisfied with the person appointed, that—

(i) the Chief Constable shall, as soon as is reasonably practicable, select another police officer and notify the Ombudsman that he proposes to appoint that person; and

(ii) the appointment shall not be made unless the Ombudsman gives notice to the Chief Constable that he approves that person.

(4) The Ombudsman may supervise the investigation of any complaint under this section if he considers that it is desirable in the public interest for him to do so.

(5) Where the Ombudsman decides to supervise an investigation under this section he shall notify the Chief Constable to that effect.

(6) A member of a police force in Great Britain who is appointed to conduct an investigation under this section shall, for the purpose of conducting that investigation, have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of [F24 section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.

(7) The Ombudsman may impose requirements as to the conduct of an investigation which the Ombudsman is supervising; and it shall be the duty of a police officer to comply with any requirement imposed on him by virtue of this subsection.

(8) At the end of an investigation under this section the police officer appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.

Textual Amendments

F24 Words in s. 57(6) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(d); S.R. 2001/396, art. 2, Sch.

58 Steps to be taken after investigation – criminal proceedings. N.I.

(1) The Ombudsman shall consider any report made under section 56(6) or 57(8) and determine whether the report indicates that a criminal offence may have been committed by a member of the police force.

(2) If the Ombudsman determines that the report indicates that a criminal offence may have been committed by a member of the police force, he shall send a copy of the report to the Director together with such recommendations as appear to the Ombudsman to be appropriate.

(3) Where a report is sent to the Director under subsection (2), the Ombudsman shall, at the request of the Director, ascertain and furnish to the Director all such further information in relation to the complaint or matter dealt with in the report as appears to the Director to be necessary for the discharge of his functions F25 ...

F26 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in s. 58(3) repealed (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2005/281, art. 2(1), Sch. 1 para. 14(e)

F26 S. 58(4) repealed (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2005/281, art. 2(1), Sch. 1 para. 14(e)

[F27 58A Steps to be taken after investigation – mediation. N.I.

(1) If the Ombudsman—

(a) determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and

(b) considers that the complaint is not a serious one,

he may determine that the complaint is suitable for resolution through mediation.

(2) If he does so, he must inform the complainant and the member of the police force concerned.

(3) If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator.

(4) Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings.

(5) But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation.

(6) If a complaint is resolved through mediation under this section, no further proceedings under this Act shall be taken against the member of the police force concerned in respect of the subject matter of the complaint.]

Textual Amendments

F27 S. 58A inserted (22.12.2000) by 2000 c. 32, s. 62(1); S.R. 2000/412, art. 2, Sch.

59 Steps to be taken after investigation – disciplinary proceedings. N.I.

[F28 (1) Subsection (1B) applies if—

(a) the Director decides not to initiate criminal proceedings in relation to the subject matter of a report under section 56(6) or 57(8) sent to him under section 58(2); or

(b) criminal proceedings initiated by the Director in relation to the subject matter of such a report have been concluded.

F28 ( 1A ) Subsection (1B) also applies if the Ombudsman determines that a report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force and—

(a) he determines that the complaint is not suitable for resolution through mediation under section 58A; or

(b) he determines that the complaint is suitable for resolution through mediation under that section but—

(i) the complainant or the member of the police force concerned does not agree to attempt to resolve it in that way; or

(ii) attempts to resolve the complaint in that way have been unsuccessful.

F28 ( 1B ) The Ombudsman shall consider the question of disciplinary proceedings.]

(2) The Ombudsman shall send the appropriate disciplinary authority a memorandum containing—

(a) his recommendation as to whether or not disciplinary proceedings should be brought in respect of the conduct which is the subject of the investigation;

(b) a written statement of his reasons for making that recommendation; and

(c) where he recommends that disciplinary proceedings should be brought, such particulars in relation to the disciplinary proceedings which he recommends as he thinks appropriate.

[F29 (2A) In a case mentioned in subsection (1A)(b), the Ombudsman shall, in considering the recommendation to be made in his memorandum, take into account the conduct of the member of the police force concerned in relation to the proposed resolution of the complaint through mediation.]

(3) No disciplinary proceedings shall be brought by the appropriate disciplinary authority before it receives the memorandum of the Ombudsman under subsection (2).

(4) The [F30 Board] shall advise the Ombudsman of what action it has taken in response to a recommendation contained in a memorandum sent to it under subsection (2); and nothing in the following provisions of this section has effect in relation to senior officers.

(5) If—

(a) a memorandum sent to the Chief Constable under subsection (2) contains a recommendation that disciplinary proceedings should be brought; but

(b) the Chief Constable is unwilling to bring such disciplinary proceedings,

the Ombudsman may, after consultation with the Chief Constable, direct him to bring disciplinary proceedings.

(6) Subject to subsection (7)—

(a) it shall be the duty of the Chief Constable to comply with a direction under subsection (5);

(b) the Chief Constable may not discontinue disciplinary proceedings which he has brought in accordance with—

(i) a recommendation contained in a memorandum under subsection (2); or

(ii) a direction under subsection (5).

(7) The Ombudsman may give the Chief Constable leave—

(a) not to bring disciplinary proceedings which subsection (6)(a) would otherwise oblige him to bring; or

(b) to discontinue disciplinary proceedings with which subsection (6)(b) would otherwise require him to proceed.

(8) Regulations made in accordance with section 25(3) or 26(3) may establish, or make provision for the establishment of, a special procedure for any case in which disciplinary proceedings are brought—

(a) where a memorandum under subsection (2) recommending the bringing of those proceedings contains a statement to the effect that, by reason of exceptional circumstances affecting the case, the Ombudsman considers that such special procedures are appropriate; or

(b) in compliance with a direction under subsection (5).

(9) The Chief Constable shall advise the Ombudsman of what action he has taken in response to—

(a) a recommendation contained in a memorandum under subsection (2);

(b) a direction under subsection (5).

Textual Amendments

F28 S. 59(1)(1A)(1B) substituted (22.12.2000) for s. 59(1) by 2000 c. 32, s. 62(2); S.R. 2000/412, art. 2, Sch.

F29 S. 59(2A) inserted (22.12.2000) by 2000 c. 32, s. 62(3); S.R. 2000/412, art. 2, Sch.

F30 Words in s. 59(4) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

60 Constabularies not maintained by [F31 Board]. N.I.

(1) An agreement for the establishment in relation to any body of constables maintained by an authority other than the [F31 Board] of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the [F32 Department of Justice], be made between the Ombudsman and the authority maintaining the body of constables.

(2) Where no such procedures are in force in relation to any body of constables, the [F32 Department of Justice] may by order establish such procedures.

(3) An agreement under this section may at any time be varied or terminated with the approval of the [F32 Department of Justice].

(4) Before making an order under this section the [F32 Department of Justice] shall consult—

(a) the Ombudsman; and

(b) the authority maintaining the body of constables to whom the order would relate.

(5) Nothing in any other statutory provision shall prevent an authority which maintains a body of constables from carrying into effect procedures established by virtue of this section.

(6) No such procedures shall have effect in relation to anything done by a constable outside Northern Ireland.

[F33 (7) In the application of this section in relation to the Ministry of Defence Police, references to the Department of Justice are to be read as references to the Secretary of State.]

Textual Amendments

F31 Words in s. 60 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F32 Words in s. 60(1)(2)(3)(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 30(2) (with arts. 28-31)

F33 S. 60(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 30(3) (with arts. 28-31)

[F34 60ZA [F35 The National Crime Agency] N.I.

(1) An agreement for the establishment in relation to [F36 National Crime Agency officers] of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the Agency.

(2) Where no such procedures are in force in relation to the Agency, the Secretary of State may by order establish such procedures.

(3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4) Before making an order under this section the Secretary of State shall consult—

(a) the Ombudsman; and

(b) the Agency.

(5) Nothing in any other statutory provision shall prevent the Agency from carrying into effect procedures established by virtue of this section.

(6) No such procedures shall have effect in relation to anything done by a [F37 National Crime Agency officer] outside Northern Ireland.

F38 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39 (8) The Director General of the National Crime Agency shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of the Ombudsman’s functions under procedures established by virtue of this section.]]

Textual Amendments

F34 S. 60ZA inserted (1.3.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55(2)(a), 178(8); S.I. 2006/378, art. 3(1)(2)(d)

F35 S. 60ZA title substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(8)(a), 61(2); S.I. 2013/1682, art. 3(o)

F36 Words in s. 60ZA(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(8)(b), 61(2); S.I. 2013/1682, art. 3(o)

F37 Words in s. 60ZA(6) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 11(8)(c), 61(2); S.I. 2013/1682, art. 3(o)

F38 S. 60ZA(7) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 11(8)(d), 61(2); S.I. 2013/1682, art. 3(o)

F39 S. 60ZA(8) inserted (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 1(3), Sch. 1 para. 1

[F40 60ZB Immigration and customs enforcement functions N.I.

(1) The Ombudsman and the Secretary of State may enter into an agreement to establish, in relation to the exercise of specified enforcement functions by relevant officials, procedures which correspond to or are similar to any of those established by virtue of this Part.

(2) Where no such procedures are in force in relation to a particular kind of relevant official, the Secretary of State may by order establish such procedures in relation to the exercise of specified enforcement functions by that kind of relevant official.

(3) “ Relevant officials ” means—

(a) immigration officers and other officials of the Secretary of State exercising functions relating to immigration or asylum;

(b) designated customs officials, and officials of the Secretary of State, exercising customs functions (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009);

(c) the Director of Border Revenue exercising customs revenue functions (within the meaning of that Part of that Act), and persons exercising such functions of the Director;

(d) persons providing services pursuant to arrangements relating to the discharge of a function within paragraph (a), (b), or (c).

(4) “ Enforcement functions ” includes, in particular—

(a) powers of entry,

(b) powers to search persons or property,

(c) powers to seize or detain property,

(d) powers to arrest persons,

(e) powers to detain persons, and

(f) powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data).

(5) “ Specified ” means specified in an agreement under subsection (1) or an order under subsection (2).

(6) “ Immigration officer ” means a person appointed under paragraph 1(1) of Schedule 2 to the Immigration Act 1971.

Textual Amendments

F40 Ss. 60ZB, 60ZC inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 64, 75(3); S.I. 2014/1820, art. 3(s)

60ZC Section 60ZB: supplementary N.I.

(1) An agreement under section 60ZB may at any time be varied or terminated—

(a) by the Secretary of State, or

(b) by the Ombudsman, with the consent of the Secretary of State.

(2) Before making an order under section 60ZB the Secretary of State must consult the Ombudsman and such persons as the Secretary of State thinks appropriate.

(3) An agreement or order under section 60ZB may provide for payment by the Secretary of State to or in respect of the Ombudsman.

(4) An agreement or order under section 60ZB must relate only to the exercise of enforcement functions—

(a) wholly in Northern Ireland, or

(b) partly in Northern Ireland and partly in another part of the United Kingdom.

(5) An agreement or order under section 60ZB must relate only to the exercise of enforcement functions on or after the day on which the agreement or order is made.

(6) An agreement or order under section 60ZB must not provide for procedures in relation to so much of any complaint or matter as relates to functions conferred by or under Part 8 of the Immigration and Asylum Act 1999 (detained persons & removal centres etc.).]

Textual Amendments

F40 Ss. 60ZB, 60ZC inserted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 64, 75(3); S.I. 2014/1820, art. 3(s)

[F41 60A Investigations into current police practices and policies N.I.

(1) The Ombudsman may investigate a current practice or policy of the police if—

(a) the practice or policy comes to his attention under this Part, and

(b) he has reason to believe that it would be in the public interest to investigate the practice or policy.

(2) But subsection (1) does not authorise the Ombudsman to investigate a practice or policy to the extent that the practice or policy is concerned with conduct of a kind mentioned in section 65(5) of the Regulation of Investigatory Powers Act 2000 (conduct which may be within jurisdiction of tribunal established under section 65 of that Act).

(3) If the Ombudsman decides to conduct an investigation under this section he shall immediately inform the Chief Constable, the Board and the [F42 Department of Justice] of—

(a) his decision to conduct the investigation,

(b) his reasons for making that decision, and

(c) the practice or policy into which the investigation is to be conducted.

[F43 (3A) Where it appears to the Ombudsman that an investigation may relate wholly or in part to—

(a) a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or

(b) an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998),

the Ombudsman shall also immediately inform the Secretary of State of the matters mentioned in subsection (3)(a) to (c).]

(4) When an investigation under this section has been completed the Ombudsman shall report on it to the Chief Constable and the Board.

(5) The Ombudsman shall send a copy of his report to the Secretary of State, if the investigation relates wholly or in part to—

(a) a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or

(b) an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998).]

[F44 (6) The Ombudsman shall send a copy of his report to the Department of Justice, if the investigation relates wholly or in part to a matter in respect of which a function is conferred or imposed on the Department of Justice by or under a statutory provision.]

Textual Amendments

F41 S. 60A inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 13(1)

F42 Words in s. 60A(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 31(a) (with arts. 28-31)

F43 S. 60A(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 31(b) (with arts. 28-31)

F44 S. 60A(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 31(c) (with arts. 28-31)

61 Reports. N.I.

(1) The Ombudsman shall, at the request of the [F45 appropriate authority], report to the [F45 appropriate authority] on such matters relating generally to the functions of the Ombudsman as the [F45 appropriate authority] may specify, and the Ombudsman may for that purpose carry out research into any such matters.

(2) The Ombudsman may make a report to the [F45 appropriate authority] on any matters coming to the Ombudsman’s attention under this Part to which the Ombudsman considers that the [F46 appropriate authority’s] attention should be drawn in the public interest.

[F47 (2A) In subsections (1) and (2) “the appropriate authority” means, in relation to any matter—

(a) the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision;

(b) otherwise, the Department of Justice;

and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998.]

(3) The Ombudsman shall, not later than 3 months after the end of each financial year, make to the [F48 Department of Justice] a report on the discharge of the Ombudsman’s functions during that year.

(4) The Ombudsman shall—

(a) keep under review the working of this Part; and

(b) at least once every five years, make a report on it to the [F48 Department of Justice].

(5) The Ombudsman shall send a copy of any report under this section to—

(a) the [F49 Board] and the Chief Constable; and

(b) if the report concerns any such body of constables as is mentioned in section 60, to the authority maintaining it and the officer having the direction and control of it[F50 ; and

(c) if the report concerns the [F51 National Crime Agency], to the Agency.]

[F52 (5A) The Department of Justice shall—

(a) lay before the Northern Ireland Assembly a copy of every report received by the Department under this section; and

(b) cause every such report to be published.

(5B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5A)(a) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.]

(6) The Secretary of State shall—

(a) lay before both Houses of Parliament a copy of every report received by him under this section; and

(b) cause every such report to be published.

[F53 (7) The Ombudsman shall send to the [F49 Board] any statistical or other general information which the Ombudsman considers should be brought to the attention of the [F49 Board] in connection with its functions under section 2(4)(a).]

Textual Amendments

F45 Words in s. 61(1)(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 32(2)(a) (with arts. 28-31)

F46 Words in s. 61(1)(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 32(2)(b) (with arts. 28-31)

F47 S. 61(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 32(3) (with arts. 28-31)

F48 Words in s. 61(3)(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 32(4) (with arts. 28-31)

F49 Words in s. 61 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F50 S. 61(5)(c) and word inserted (1.3.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55(2)(b), 178(8); S.I. 2006/378, art. 3(1)(2)(d)

F51 Words in s. 61(5)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 6 para. 19; S.I. 2013/1682, art. 3(q)

F52 S. 61(5A)(5B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 32(5) (with arts. 28-31)

F53 S. 61(7) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F54 61A Reports to Chief Constable and Board. N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 S. 61A repealed (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 13(2), Sch. 4

[F55 61AA Supply of information by Ombudsman to Board. N.I.

(1) The Ombudsman shall compile, and supply the Board with, such statistical information as is required to enable the Board to carry out its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.

(2) The Ombudsman shall consult the Board as to—

(a) the information to be supplied under subsection (1); and

(b) the form in which such information is to be supplied.

(3) The Ombudsman shall supply the Board with any other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.]

Textual Amendments

F55 S. 61AA inserted (4.11.2001) by 2000 c. 32, s. 64; S.R. 2001/396, art. 2, Sch.

62 Statements by Ombudsman about exercise of his functions. N.I.

The Ombudsman may, in relation to any exercise of his functions under this Part, publish a statement as to his actions, his decisions and determinations and the reasons for his decisions and determinations.

63 Restriction on disclosure of information. N.I.

(1) No information received by a person to whom this subsection applies in connection with any of the functions of the Ombudsman under this Part shall be disclosed by any person who is or has been a person to whom this subsection applies except—

(a) to a person to whom this subsection applies;

[F56 (b) to the Department of Justice or the Secretary of State;]

(c) to other persons in or in connection with the exercise of any function of the Ombudsman;

(d) for the purposes of any criminal, civil or disciplinary proceedings; or

(e) in the form of a summary or other general statement made by the Ombudsman which—

(i) does not identify the person from whom the information was received; and

(ii) does not, except to such extent as the Ombudsman thinks necessary in the public interest, identify any person to whom the information relates.

(2) Subsection (1) applies to—

(a) the Ombudsman; and

(b) an officer of the Ombudsman.

[F57 (2A) Subsection (1) does not prevent the Ombudsman, to such extent as he thinks it necessary to do so in the public interest, from disclosing in a [F58 report of an investigation under section 60A]—

(a) the identity of an individual, or

(b) information from which the identity of an individual may be established.]

(3) Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F59 (4) Nothing in subsection (1)(b) permits the disclosure to the Department of Justice of information—

(a) which has been supplied to the Ombudsman under section 66(1) of the Police (Northern Ireland) Act 2000 for the purposes of or in connection with an investigation under section 60A of this Act, and

(b) in relation to which the Ombudsman has been informed under section 66(3)(b) of the Police (Northern Ireland) Act 2000 that the information is, in the opinion of the Chief Constable or the Board, information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of that Act.]

Textual Amendments

F56 S. 63(1)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 33(2) (with arts. 28-31)

F57 S. 63(2A) inserted (4.11.2001) by 2000 c. 32, s. 63(2); S.R. 2001/396, art. 2, Sch.

F58 Words in s. 63(2A) substituted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 13(3)

F59 S. 63(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 33(3)(4) (with arts. 28-31)

Modifications etc. (not altering text)

C2 S. 63(1): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 43

64 Regulations. N.I.

(1) The [F60 Department of Justice] may make regulations—

(a) as to the procedure to be followed under this Part; and

(b) for prescribing anything authorised or required to be prescribed by any provision in this Part.

(2) The [F61 Department of Justice] shall by regulations provide—

(a) that, subject to such exceptions and in accordance with such procedures as may be prescribed, the Ombudsman shall furnish a copy of, or of the record of, a complaint against a member of the police force to—

(i) that member;

(ii) the complainant; and

(iii) the appropriate disciplinary authority;

(b) procedures for the informal resolution [F62 or mediation]of complaints of such descriptions as may be prescribed, and for giving the complainant a record of the outcome of any such procedure;

(c) procedures for giving a member of the police force, whose conduct is the subject of a complaint which falls to be resolved informally [F63 or through mediation], an opportunity to comment orally or in writing on the complaint;

(d) for cases in which any provision of this Part is not to apply where—

(i) a complaint, other than a complaint which falls to be resolved informally [F64 or through mediation], is withdrawn;

(ii) the complainant indicates that he does not wish any further steps to be taken; or

(iii) the complainant fails to indicate, in response to a request from the Ombudsman to do so, whether he wishes any further steps to be taken;

(e) for enabling the Ombudsman to dispense with any requirement of this Part;

(f) for enabling the Ombudsman to relinquish the supervision of the investigation of any complaint under section 57;

(g) procedures for an investigation begun under section 56 or section 57 to be continued, where the Ombudsman so directs, as if it had originally been begun under the other of those sections;

(h) procedures for the making of complaints and the reference of complaints and other matters under this Part;

(i) that the Ombudsman shall be supplied with such information or documents of such description as may be prescribed at such time or in such circumstances as may be prescribed;

(j) that any action, determination or decision of a prescribed description taken by the Ombudsman shall be notified to prescribed persons within a prescribed time and that, in connection with such a notification, the Ombudsman shall have power to supply the person notified with any relevant information;

(k) for authorising or requiring the Ombudsman to provide to the appropriate disciplinary authority information relevant to the exercise by that authority of any power of suspension under regulations made by virtue of section 25(2)(f) or 26(2)(e).

(l) that the Chief Constable shall have power to delegate any functions conferred on him by or by virtue of this Part;

(m) for enabling the Ombudsman to pay to a complainant—

(i) sums in respect of expenses incurred by him; and

(ii) allowances by way of compensation for the loss of his time,

in accordance with such scales and subject to such conditions as may be prescribed;

(n) for enabling the Ombudsman, in such cases as may be prescribed, to make a recommendation to the Chief Constable for the payment by the Chief Constable to the complainant of compensation of such amount as the Ombudsman considers appropriate (but not exceeding such amount as may be prescribed).

[F65 (2A) The [F66 Department of Justice] may by regulations provide that, subject to such exceptions as may be prescribed—

(a) this Part shall not apply to a complaint about the conduct of a police officer which took place more than the prescribed period before the date on which the complaint is made or referred to the Ombudsman under section 52(1);

(b) the Ombudsman shall not investigate any matter referred to him under section 55(1), (2) [F67 , (4) or (4A)] if the actions, behaviour or conduct to which the matter relates took place more than the prescribed period before the date on which the reference is made;

(c) the Ombudsman shall not at any time commence a formal investigation under section 55(6) of any matter if the actions or behaviour to which the matter relates took place more than the prescribed period before that time;

F68 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) Regulations under this section may authorise the [F69 Department of Justice] to make provision for any purposes specified in the regulations.

(4) Before making any regulations under this section, the [F70 Department of Justice] shall consult—

(a) the Ombudsman;

(b) the [F71 Board]; and

(c) the Police Association.

Textual Amendments

F60 Words in s. 64(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 34(2) (with arts. 28-31)

F61 Words in s. 64(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 34(2) (with arts. 28-31)

F62 Words in s. 64(2)(b) inserted (22.12.2000) by 2000 c. 32, s. 62(4)(a); S.R. 2000/412, art. 2, Sch.

F63 Words in s. 64(2)(c) inserted (22.12.2000) by 2000 c. 32, s. 62(4)(b); S.R. 2000/412, art. 2, Sch.

F64 Words in s. 64(2)(d)(i) inserted (22.12.2000) by 2000 c. 32, s. 62(4)(c); S.R. 2000/412, art. 2, Sch.

F65 S. 64(2A) inserted (22.12.2000) by 2000 c. 32, s. 65; S.R. 2000/412, art. 2, Sch.

F66 Words in s. 64(2A) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 34(2) (with arts. 28-31)

F67 Words in s. 64(2A)(b) substituted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(6), 19(1); S.R. 2005/282, art. 2

F68 S. 64(2A)(d) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 34(3) (with arts. 28-31)

F69 Words in s. 64(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 34(2) (with arts. 28-31)

F70 Words in s. 64(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 34(2) (with arts. 28-31)

F71 Words in s. 64 substituted (4.11.2001) by 2000 c. 32, ss. 78(1), 79(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

[F72 64A Secretary of State’s power to make regulations N.I.

(1) The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—

(a) excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998);

(b) matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

(2) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—

(a) the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000, or

(b) a person appointed under Part 4 of that Act,

the Ombudsman shall not investigate it.

(3) Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

(4) Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).

(5) Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.]

Textual Amendments

F72 S. 64A inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 35 (with arts. 28-31)

65 Guidance concerning discipline, complaints, etc. N.I.

(1) The [F73 Department of Justice] may issue guidance to the [F74 Board] and police officers concerning the discharge of their functions—

(a) under this Part;

(b) under regulations made under section 25 in relation to the matters mentioned in subsection (2)(e) of that section; and

(c) under regulations made under section 26 in relation to the matters mentioned in subsection (2)(d) of that section;

and they shall have regard to any such guidance in the discharge of their functions.

(2) Guidance may not be issued under subsection (1) in relation to the handling of a particular case.

(3) A failure on the part of a person to whom guidance is issued under this section to have regard to such guidance shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with section 25(3) or 26(3).

(4) In discharging his functions under section 59 the Ombudsman shall have regard—

(a) to any guidance given to him by the [F75 Department of Justice] with respect to such matters as are for the time being the subject of guidance under subsection (1); and

(b) in particular, but without prejudice to the generality of paragraph (a), to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings.

(5) In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the [F76 Department of Justice] with respect to matters the disclosure of which may be prejudicial to the public interest.

[F77 (6) In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Secretary of State with respect to matters the disclosure of which may be prejudicial to the public interest on the ground of national security.

(7) Any guidance given by the Department of Justice to the Ombudsman under this section has effect subject to any guidance given by the Secretary of State under subsection (6).]

Textual Amendments

F73 Words in s. 65(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 36(a) (with arts. 28-31)

F74 Words in s. 65 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F75 Words in s. 65(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 36(a) (with arts. 28-31)

F76 Words in s. 65(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 36(a) (with arts. 28-31)

F77 S. 65(6)(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 36(b) (with arts. 28-31)