Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000

Investigating officers

7.—(1) Where a report, allegation or complaint is received which indicates that the conduct of a senior officer did not meet the appropriate standard, the following provisions of this regulation shall have effect for the purpose of investigating the matter.

(2) The provisions of paragraphs (3) and (4) shall have effect—

(a) in relation to cases arising otherwise than from a complaint to which Part VII of the Act of 1998 applies; and

(b) to cases arising from such a complaint where the requirements of the said Act of 1998 are dispensed with by or under regulations made thereunder.

(3) Unless the Police Authority decide that, in the light of such preliminary enquires as they may make, that no proceedings under regulation 11 need be taken, the matter shall be referred to an investigating officer who shall cause it to be investigated.

(4) The investigating officer shall be—

(a) a member, or

(b) if the chief officer of a police force in the United Kingdom is requested and agrees to provide an investigating officer, a member of that force, and of at least the rank of the senior officer concerned; or

(c) an officer of the Ombudsman.

(5) Neither—

(a) the Chief Constable, nor

(b) any member serving in the same sub-division or branch as the senior officer concerned, shall be appointed as the investigating officer for the purposes of paragraph (3) or Section 57 of the Act of 1998.

(6) The provisions of this regulation are without prejudice to the powers of the Ombudsman with regard to the approval of the investigating officer under Section 57(3) of the Act of 1998 or the appointment of an investigating officer of the Ombudsman under Section 56(1) of the Act of 1998.