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

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Notices in relation to designations

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regulation 27(5) or under section 59(2) of the 1998 Act recommending that the designation of a person be modified or withdrawn, and the Chief Constable decides—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