41.—(1) Where misconduct proceedings are brought by the Chief Constable in response to a direction by the Ombudsman under section 59(5) of the 1998 Act, the hearing in those proceedings shall be conducted in accordance with Part VII, subject to the modifications specified in Schedule 4.
(2) Where a memorandum under section 59(2) of the 1998 Act recommending the bringing of misconduct proceedings contains a statement to the effect that, by reason of exceptional circumstances affecting the case, the Ombudsman considers that special procedures are appropriate, the hearing in those proceedings shall be conducted in accordance with Part VII, subject to the modifications specified in Schedule 4.