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The Police (Amendment) (Northern Ireland) Order 1995

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Powers of Commission as to disciplinary proceedingsN.I.

F124.—(1) Where a memorandum under Article 22 states that the Chief Constable has not brought disciplinary proceedings or does not propose to do so, the Commission may recommend him to bring such proceedings.

(2) Where the Commission makes a recommendation under paragraph (1), it shall furnish the Chief Constable with a written statement of its reasons for doing so.

(3) Subject to paragraph (6), the Chief Constable may not discontinue disciplinary proceedings that he has brought in accordance with a recommendation under paragraph (1).

(4) If after the Commission has made a recommendation under this Article and consulted the Chief Constable he is still unwilling to bring disciplinary proceedings, it may direct him to do so.

(5) Subject to paragraph (6), it shall be the duty of the Chief Constable to comply with such a direction.

(6) The Commission may give the Chief Constable leave—

(a)not to bring disciplinary proceedings which Article 22(10) or paragraph (5) would otherwise oblige him to bring; or

(b)to discontinue disciplinary proceedings with which Article 22(10) or paragraph (3) or (5) would otherwise oblige him to proceed.

(7) The Chief Constable shall—

(a)advise the Commission of what action he has taken in response to a recommendation or direction under this Article; and

(b)furnish the Commission with such other information as it may reasonably require for the purpose of discharging its functions under this Article.

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F1prosp. rep. by 1998 c. 32

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