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

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Employee of contractor: question of appropriate standard of conduct

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31.—(1) The supervising member shall review any report submitted to him under regulation 29(2) and shall consider whether or not the conduct of the designated person concerned met the appropriate standard.

(2) The supervising member shall not find that the relevant conduct of the designated person concerned failed to meet the appropriate standard unless—

(a)the conduct is admitted by the designated person concerned, or

(b)the supervising member is satisfied on the balance of probabilities that it failed to meet that standard.

(3) Where a case concerning the relevant conduct of a designated person employed by a contractor is referred to a supervising member under regulation 28 and falls to be investigated under section 56 or 57 of the 1998 Act, no finding may be made under this regulation about the relevant conduct until the Chief Constable receives a memorandum from the Ombudsman in respect of the relevant conduct under regulation 27(5).

(4) The supervising member shall give notice in writing of his finding under this regulation to the designated person concerned and to the contractor concerned within three working days of the finding.

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