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RUC (Complaints etc) Regulations 2001

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Amendment of earlier Regulations

2.—(1) The Royal Ulster Constabulary (Discipline and Disciplinary) Appeals Regulations 1988(1) shall be amended as follows—

(a)in Regulation 3, after the definition of “the Act of 1970” there shall be inserted—

“the Act of 1998” means the Police (Northern Ireland) Act 1998(2);

“allegation” includes a matter referred to the Ombudsman under section 55 of the Act of 1998;

(b)after Regulation 5(4)(c) there shall be added—

or

(d)an officer of the Ombudsman appointed under section 56(1) of the Act of 1998.;

(c)after Regulation 5(6) there shall be added—

(7) 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.;

(d)in Regulation 7(1), at the end, there shall be added—

or a memorandum from the Ombudsman prepared in accordance with section 59(2) of the Act of 1998.;

(e)after Regulation 29(4)(b) there shall be added—

or

(c)an officer of the Ombudsman appointed under section 56(1) of the Act of 1998.;

(f)after Regulation 29(6) there shall be added—

(7) 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..

(2) The Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988(3) shall be amended as follows—

(a)in Regulation 2, after the definition of “the Act of 1970” there shall be inserted—

“the Act of 1998” means the Police (Northern Ireland) Act 1998;

“allegation” includes a matter referred to the Ombudsman under section 55 of the Act of 1998;

(b)after Regulation 4(4)(b) there shall be added—

or

(c)an officer of the Ombudsman appointed under section 56(1) of the Act of 1998.;

(c)after Regulation 4(6) there shall be added—

(7) 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.;

(d)in Regulation 6(1), at the end, there shall be added—

or a memorandum from the Ombudsman prepared in accordance with section 59(2) of the Act of 1998..

(3) The Royal Ulster Constabulary (Conduct) Regulations 2000(4) shall be amended as follows—

(a)in Regulation 2(4) after “commenced” there shall be inserted—

on or;

(b)in Regulation 4, before the definition of “appropriate officer” there shall be inserted—

“allegation” includes a matter referred to the Ombudsman under section 55 of the Act of 1998;;

(c)in Regulation 7(2), at the end, there shall be added—

or an allegation to which section 55 of the Act of 1998 applies..

(4) The Royal Ulster Constabulary (Conduct) (Senior Officers) Regulations 2000(5) shall be amended as follows—

(a)in Regulation 4(1), before the definition of “appropriate standard” there shall be inserted—

“allegation” includes a matter referred to the Ombudsman under section 55 of the Act of 1998;;

(b)in Regulation 7(2)(a), after “complaint” there shall be inserted “or allegation”.

(5) The Royal Ulster Constabulary (Complaints etc.) Regulations 2000(6) shall be amended as follows—

(a)for Regulation 3 there shall be substituted—

3.  These Regulations apply to—

(a)any complaint made to the Ombudsman;

(b)any matter under consideration by the Ombudsman under section 55 of the Act of 1998; and

(c)any complaint referred to in Article 4 of the Police (Northern Ireland) Act 1998 (Commencement) Order (Northern Ireland) 2000(7).

(b)in Regulation 25(1)—

(i)the final “or” shall be omitted from paragraph (a),

(ii)paragraph (b) shall be omitted, and

(iii)in paragraph (c), for “in either case that” there shall be substituted “and”.

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