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The Police Appeals Tribunals Regulations (Northern Ireland) 2016

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3.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to these Regulations as it applies to an Act of the Assembly. In these Regulations—

“the 1998 Act” means the Police (Northern Ireland) Act 1998;

“appeals tribunal” means the person or persons appointed under regulation 11;

“appellant” means a member who has given a notice of appeal in accordance with regulation 6 or 7;

the Board” means the Northern Ireland Policing Board;

“chair” means a chair appointed in accordance with regulation 11(3);

“complainant” means the person by, or on behalf of whom, the complaint is made;

“complaint” means a complaint about the conduct of a member of the police service which is made by, or on behalf of, a member of the public and which the Ombudsman has determined is a complaint to which section 52(4) of the 1998 Act applies;

“the Conduct Regulations” means the Police (Conduct) Regulations (Northern Ireland) 2016(2);

“interested person” means a person whom the appropriate authority considers has a right to be kept informed about the handling of—

(a)

a complaint; or

(b)

a referred matter; or

(c)

a matter being investigated by the Ombudsman of his own motion under section 55(6) of the 1998 Act; or

(d)

an allegation that a member may have—

(i)

committed a criminal offence; or

(ii)

behaved in a manner which would justify the bringing of disciplinary proceedings;

“member” means a member of the police service;

“member concerned” means the member in respect of whom proceedings under these Regulations are, or are proposed to be, taken;

“the Ombudsman” means the Police Ombudsman for Northern Ireland established by section 51 of the 1998 Act;

“original hearing” means—

(a)

the misconduct meeting, misconduct hearing or special case hearing under the Conduct Regulations; or

(b)

the third stage meeting under the Performance Regulations,

at or following which the relevant decision was made;

“panel” includes a person who conducted a special case hearing under the Conduct Regulations;

“the Performance Regulations” means the Police (Performance and Attendance) Regulations (Northern Ireland) 2016(3);

“police force” means the police service, a police force within the meaning of section 101 of the 1996 Act(4) or the Police Service of Scotland within the meaning of section 6 of the Police and Fire Reform (Scotland) Act 2012(5);

“police fund” means the fund established by regulation 3 of the Royal Ulster Constabulary Fund Regulations 1972(6);

“police officer” means a member of a police force;

“the police service” means the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

“relevant decision” means the finding, disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with regulation 4 or 5, and related expressions shall be construed accordingly;

“respondent” has the meaning given by regulation 8;

“senior officer” means a member above the rank of chief superintendent;

“specified appeal” means an appeal where the relevant decision arose from a case where—

(a)

a recommendation had been made under section 59(2) of the 1998 Act that disciplinary proceedings should be brought; or

(b)

a direction had been made under section 59(5) of that Act;

“transcript” includes a record of proceedings in digital format;

“tribunal” means a police appeals tribunal appointed in accordance with regulation 11.

(2) In these Regulations, any expression which is also used in the Conduct Regulations or the Performance Regulations shall, unless that expression is given a different meaning in paragraph (1), have the same meaning as in those Regulations.

(3) Where any written notice or document is to be given or supplied to the appellant under these Regulations, it shall be—

(a)given to him in person; or

(b)if the Board or the tribunal, as the case may be, reasonably believes that the member is avoiding service, left with some person at, or sent by recorded delivery to, his last known address.

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