Police (Northern Ireland) Act 1998

64 Regulations. N.I.

(1) The Secretary of State 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 Secretary of State 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 [F1 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 [F2 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(i) a complaint, other than a complaint which falls to be resolved informally [F3 or through mediation], is withdrawn;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).

[F4 (2A) The Secretary of State 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) or (4) 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;

(d) to the extent that the subject matter of a complaint falls within the jurisdiction of —

(i) the tribunal constituted under section 65(1) of the M1 Regulation of Investigatory Powers Act 2000, or

(ii) a person appointed under Part IV 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—

(a) the Ombudsman;

(b) the [F5 Board]; and

(c) the Police Association.

Textual Amendments

F1 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.

F2 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.

F3 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.

F4 S. 64(2A) inserted (22.12.2000) by 2000 c. 32, s. 65; S.R. 2000/412, art. 2, Sch.

F5 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.

Marginal Citations

M1 2000 c. 23.