C1Part VII Police complaints and disciplinary proceedings
64AF1Secretary of State’s power to make regulations
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.
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