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42.—(1) Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct and on or after 15th December 2017, the provisions of Part 2 of the 2002 Act and these Regulations apply—
(a)as if the person were still serving in the position in which the person last served, and
(b)with the modifications to Part 2 of the 2002 Act and to these Regulations set out in Schedule 2 to these Regulations.
(2) Where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct and before 15th December 2017, the provisions of Part 2 of the 2002 Act apply in relation to such a person as if they did not include any requirement to determine whether disciplinary proceedings or performance proceedings should be brought against a person whose conduct is the subject-matter of a report.
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