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31.—(1) This regulation shall apply in the case of misconduct proceedings arising from—
(a)in relation to England and Wales, a conduct matter to which paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied, or the investigation of a complaint which was certified as subject to special requirements under paragraph 19B(1)(1) of that Schedule (assessment of seriousness of conduct); or
(b)in relation to Northern Ireland, a conduct matter to which section 54, 56 or 57 of the 1998 Act applied.
(2) The appropriate authority shall notify the complainant or any interested person of the date, time and place of the misconduct proceedings.
(3) Subject to the provisions of this regulation, regulation 33 and any conditions imposed under regulation 32(8), the complainant or any interested person may attend the misconduct proceedings as an observer up to but not including the point at which the person or panel conducting those proceedings considers the question of disciplinary action.
(4) Subject to paragraph (5), regulation 33 and any conditions imposed under regulation 32(8), a complainant or interested person may be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.
(5) Where a complainant or interested person is to give evidence as a witness at the misconduct proceedings, that witness and any person accompanying that witness shall not be allowed to attend the proceedings before giving evidence.
(6) The person conducting or chairing the misconduct proceedings may put any questions to the officer concerned that the complainant or interested person requested to be put.
(7) For the purposes of this regulation, a person has a special need who, in the opinion of the person conducting or chairing the misconduct proceedings, has a disability or learning difficulty, or does not have sufficient knowledge of English, to fully participate in or understand the misconduct proceedings.
Paragraph 19B was inserted into the 2002 Act by paragraph 5 of Schedule 23 to the Criminal Justice and Immigration Act 2008 (c. 4).
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