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

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Investigation under Part 7 of the 1998 Act

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18.—(1) Sections 56 and 57 of the 1998 Act (formal investigation by the Ombudsman or by a police officer) shall apply in relation to the relevant conduct of a designated person as they apply in relation to the conduct of a police officer who is not a senior officer.

(2) Investigations under section 56 or 57 of the 1998 Act concerning the relevant conduct of a designated person shall be conducted without undue delay.

(3) Where the Ombudsman is conducting an investigation into the relevant conduct of a designated person under section 56 of the 1998 Act and he decides to refer the complaint to the Chief Constable to investigate under section 57 of that Act, the Ombudsman shall—

(a)notify the Chief Constable immediately of his decision, and

(b)furnish him immediately with all relevant material.

(4) Where, under section 57(4) of the 1998 Act, the Ombudsman decides to supervise an investigation of a complaint against a designated person, he shall notify the Chief Constable to that effect when he forwards the complaint for investigation.

(5) If during the course of the investigation the Ombudsman decides to relinquish supervision of the investigation, he shall notify the Chief Constable immediately of that decision.

(6) Where the Chief Constable is conducting an investigation of a complaint against a designated person under section 57 of the 1998 Act, he shall notify the Ombudsman of any information revealed during the investigation which may suggest that it is in the public interest for the Ombudsman to continue the investigation in accordance with section 56 of that Act.

(7) Where the Chief Constable is conducting an investigation of a complaint against a designated person under section 57 of the 1998 Act, and the Ombudsman determines to assume the investigation—

(a)the Ombudsman shall notify the Chief Constable of his decision immediately; and

(b)the Chief Constable shall immediately furnish the Ombudsman with all relevant material relating to the investigation.

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