C1Part VII Police complaints and disciplinary proceedings
60AF1Investigations into current police practices and policies
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 F4Department 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.
F23A
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).
F36
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.
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