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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 complaints

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9.—(1) Subject to regulation 10, section 52(4) of the 1998 Act shall not apply in relation to a complaint about the relevant conduct of a designated person unless the conditions in paragraph (2) are satisfied in relation to the complaint.

(2) The conditions are that—

(a)the complaint is about conduct which took place not more than 12 months before the date on which the complaint is made or referred to the Ombudsman under section 52(1) of the 1998 Act; and

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

(c)the complaint has not been—

(i)informally resolved in accordance with section 53 of the 1998 Act,

(ii)withdrawn under regulation 24,

(iii)dispensed with under regulation 26, or

(iv)otherwise investigated by the police, and

(d)the complaint 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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