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The Police (Amendment) (Northern Ireland) Order 1995

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RegulationsN.I.

F129.—(1) The Secretary of State may make regulations as to the procedure to be followed under this Part.

(2) It shall be the duty of the Secretary of State to provide by regulations—

(a)that, subject to such exceptions as may be prescribed, the appropriate authority shall furnish, in accordance with such procedure as may be prescribed, a copy of, or of the record of, a complaint against a member of the police force—

(i)to the complainant; and

(ii)to the member of the police force against whom the complaint was made;

(b)procedures for the informal resolution of complaints of such descriptions as may be prescribed, and for giving the complainant a record of the outcome of any such procedure if he applies for one within such period as may be prescribed;

(c)procedures for giving a member of the police force against whom a complaint is made which falls to be resolved informally an opportunity to comment orally or in writing on the

(d)for cases in which any provision of this Part is not to apply where a complaint, other than a complaint which falls to be resolved by an informal procedure, is withdrawn or the complainant indicates that he does not wish any further steps to be taken;

(e)for enabling the Commission to dispense with any requirement of this Part;

(f)for enabling the Commission to relinquish the supervision of the investigation of any complaint or other matter;

(g)procedures for the reference or submission of complaints or other matters to the Commission;

(h)for the time within which the Commission is to give a notification under Article 21(4);

(j)that the Commission 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;

(k)that any action or decision of the Commission which it takes in consequence of the receipt of a memorandum under Article 22 shall be notified if it is an action or decision of a prescribed description, to the person concerned and that, in connection with such a notification, the Commission shall have power to furnish him with any relevant information;

(l)that the Chief Constable shall have power to delegate any functions conferred on him by or by virtue of the foregoing provisions of this Part.

(3) Regulations under this Part may authorise the Secretary of State to make provision for any purposes specified in the regulations.

(4) Before making any regulations under this Part, the Secretary of State shall consult the Police Authority, the Police Association for Northern Ireland and the Commission.

(5) Regulations made under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946F2 shall apply accordingly.

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F1prosp. rep. by 1998 c. 32

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