1. These regulations may be cited as the Police Service of Northern Ireland (Complaints etc.) (Amendment) Regulations 2005 and shall come into operation on 12th August 2005.
2. The Royal Ulster Constabulary (Complaints etc.) Regulations 2000(1) shall be amended as follows –
(a)In Regulation 2 (Interpretation) insert the definitions –
“member of appropriate rank” means an officer of chief superintendent or superintendent rank; and
“a panel member who is not a serving police officer”, means a person who is eligible to sit on an employment tribunal or a legal practitioner.
Remove all of regulation 28 and substitute –
“28.—(1) Under section 59(5) of the Act of 1998, where the Ombudsman directs the Chief Constable to bring disciplinary proceedings or in disciplinary proceedings under section 59(8) of the Act of 1998, there will be a special procedure for bringing those proceedings.
(2) There shall be a hearing conducted in accordance with the provisions of Part III of the Royal Ulster Constabulary (Conduct) Regulations 2000(2), subject to the modifications specified in the Schedule to these amending Regulations.”.
3. The Royal Ulster Constabulary (Complaints etc.) Regulations 2001(3) shall be amended as follows –
(a)Regulation 2 should be re-numbered Regulation 4, Regulation 3 should be re-numbered Regulation 2 and Regulation 4 should be re-numbered Regulation 3.
(b)Regulations 2(1)(c) and (f) and (2)(2)(c) should be deleted.
(c)In Regulation 6(4) and 9(4) remove the reference to “54(3)” and replace with “56”.
Peter Hain
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
18th July 2005