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

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2.  For regulations 43 (withdrawal of case) and 44 (notice of decision to refer case to hearing) substitute the following regulations—

43.  At any time before the beginning of the hearing of a case the appropriate officer may direct that the case be returned to the supervising member or, in the case of an investigation under section 56 or 57 of the 1998 Act, the Ombudsman.

44.(1) The appropriate officer shall ensure that, as soon as practicable, the designated person concerned is invited to an interview with the appropriate officer at which he shall be given written notice of the decision to refer the case to a hearing and supplied with copies of—

(a)the certificate issued under regulation 40;

(b)any statement he may have made to the appointed officer; and

(c)any relevant statement, document or other material obtained during the course of the investigation.

(2) The notice given under paragraph (1) shall specify the conduct of the designated person concerned which it is alleged failed to meet the appropriate standard and the paragraph of the code of ethics in respect of which the appropriate standard is alleged not to have been met.

(3) In this regulation any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.

(4) Where the designated person concerned fails or is unable to attend the interview referred to in paragraph (1), the notice and copy documents referred to in that paragraph shall be—

(a)delivered to the designated person concerned personally, or

(b)left with some person at, or sent by recorded delivery to, the address at which he is residing.

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