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

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Conditions to be met for investigation of matters referred to Ombudsman

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15.  Subject to regulation 17, the Ombudsman’s duty to investigate a matter under section 55(3) or (5) of the 1998 Act relating to the relevant conduct of a designated person has effect if—

(a)the relevant conduct to which the matter relates took place not more than 12 months before the date on which the matter is referred to the Ombudsman under section 55(1), (2), (4) or (4A) of that Act; and

(b)a memorandum has not been issued in respect of the relevant conduct under regulation 27(5) or under section 59(2) of the 1998 Act; and

(c)the matter has not been—

(i)informally resolved in accordance with section 53 of that Act,

(ii)withdrawn under regulation 24,

(iii)dispensed with under regulation 26, or

(iv)otherwise investigated by the police, and

(d)the matter has not been dealt with under any regulations made under section 34 of the 2003 Act

(i)under which any provision of Part 7 of the 1998 Act is not to apply, or

(ii)which allow the Ombudsman to dispense with any requirement of that Part.

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