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Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

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PART IIISUSPENSION, MODIFICATION AND WITHDRAWAL OF DESIGNATIONS

Suspension

5.—(1) Where there has been a report, complaint or allegation which indicates that the relevant conduct of a designated person did not meet the appropriate standard—

(a)the Chief Constable may suspend his designation, whether or not the matter has been investigated, and

(b)during any period of suspension of that person’s designation, he shall be suspended from duty as an officer described in section 30(1), 30A(1) or 31(2) of the 2003 Act.

(2) The Chief Constable may exercise his powers under paragraph (1) at any time from the time of the receipt of the report, complaint or allegation until the conclusion of the case.

(3) Any period of suspension under paragraph (1) shall continue until the conclusion of the case or until the Chief Constable decides that the suspension shall cease, whichever first occurs.

(4) Where a designated person who is suspended from duty is, at the conclusion of the case, given notice of dismissal or required to resign, he shall remain suspended from duty during the period of his notice.

(5) Any reference in this regulation to the conclusion of a case is, in relation to the case of a designated person, to the time when the first of these events occurs—

(a)the supervising member decides not to refer the case to a hearing, or

(b)the notification of a finding that the conduct of the designated person concerned did meet the appropriate standard, or

(c)(in the case of a member of the police support staff) the time limit for giving notice of intention to seek a review under regulation 62 has expired, or

(d)(in the case of a member of the police support staff) any review under regulation 63 has been completed.

Notification of matters relating to suspension

6.—(1) Where the Ombudsman determines during the course of an investigation under any provision of the 1998 Act that the investigation indicates that the conduct of a designated person did not meet the appropriate standard, the Ombudsman shall immediately notify the Chief Constable, and provide all relevant material, to enable the Chief Constable to consider suspending that person’s designation.

(2) Where the Chief Constable suspends a person’s designation during the course of an investigation under any provision of the 1998 Act, he shall notify the Ombudsman.

(3) Where the Ombudsman is investigating under section 56 of the 1998 Act a complaint against a designated person, or any other matter concerning that person, and that person’s designation has been suspended, the Ombudsman shall—

(a)keep the Chief Constable informed of the progress of that investigation to allow him to consider whether suspension remains appropriate, and

(b)immediately inform the Chief Constable of any matter which indicates that the Chief Constable should reconsider the suspension.

Notices in relation to designations

7.—(1) Where the Chief Constable receives a recommendation under regulation 32(1) or 60(3) that he modify or withdraw the designation of a designated person, and the Chief Constable decides—

(a)not to modify or withdraw the designation, or

(b)to modify or withdraw the designation otherwise than in accordance with the recommendation,

he shall notify the designated person concerned and (in the case of a designated person employed by a contractor) the contractor concerned.

(2) Where the Ombudsman sends a memorandum to the Chief Constable under regulation 27(5) or under section 59(2) of the 1998 Act concerning the relevant conduct of a designated person, and the Chief Constable decides to withdraw or modify the designation of that person—

(a)he shall notify the designated person concerned in accordance with section 33(4) of the 2003 Act,

(b)he shall (in the case of a designated person employed by a contractor) notify the contractor concerned in accordance with section 33(5) of that Act,

(c)he shall notify the Ombudsman, and

(d)the Ombudsman shall notify the complainant.

(3) Where the Ombudsman sends a memorandum to the Chief Constable under regulation 27(5) or under section 59(2) of the 1998 Act recommending that the designation of a person be modified or withdrawn, and the Chief Constable decides—

(a)not to modify or withdraw the designation, or

(b)to modify or withdraw the designation otherwise than in accordance with the recommendation,

he shall notify the Ombudsman in writing of his decision and the reasons for his decision.

(4) Where the Chief Constable notifies the Ombudsman of a decision in accordance with paragraph (3), the Ombudsman—

(a)shall notify the complainant, and

(b)may furnish the complainant with such relevant information in explanation thereof, if any, as appears to the Ombudsman to be appropriate.

(5) The Ombudsman shall be relieved of the duty of notifying the complainant as mentioned in paragraph (4) if compliance therewith appears to him to be not reasonably practicable.

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