Office of Public Sector Information

Regulation 41

SCHEDULE 4 SPECIAL PROCEDURES FOR HEARING DIRECTED BY OMBUDSMAN OR AFFECTED BY EXCEPTIONAL CIRCUMSTANCES

These modifications have effect for the purposes of misconduct proceedings in any case such as is mentioned in regulation 41(1) or (2).

1.  For regulation 47 (panel conducting the hearing) substitute—

“Panel conducting the hearing

47.—(1) Where a case is referred to a hearing it shall be heard by a panel appointed by the Chief Constable.

(2) A panel appointed under paragraph (1) shall consist of—

(a) a barrister or solicitor, who shall be chairman,

(b) a police officer or member of a police force in Great Britain of the rank of superintendent or chief superintendent, or an employee holding an appropriate position in the police support staff, and

(c) another panel member who—

(i) is neither a serving officer in the police or in a police force in Great Britain nor a member of the police support staff, and

(ii) is eligible to sit on an employment tribunal or is a legal practitioner,

being persons who are selected from lists of eligible persons maintained by the Chief Constable and who are not interested parties.”

2.  In regulation 50 (representation) for paragraph (1) (appointment of presenting officer) substitute—

“(1) The Ombudsman shall present the case.”

3.  In regulation 51 (conduct of hearing) for paragraph (2) substitute—

“(2) The decision as to whether there was a breach of conduct by the designated person concerned may be made by majority decision.”

4.  For any reference in regulation 53, 54, 55, 56, 57, 59 or 60 to the presiding officer substitute a reference to the chairman.

5.  Omit regulation 58 (remission of cases).

Explanatory Note

(This note is not part of the Regulations)

Part 2 of the Police (Northern Ireland) Act 2003 allows the Chief Constable to designate members of the police support staff, and employees of contractors, as officers who may carry out certain functions with certain police powers.

These regulations make provision for the handling of complaints against persons so designated, and instances of misconduct by persons so designated.

The standard of conduct for persons so designated is set out in the code of ethics issued by the Northern Ireland Policing Board under section 52 of the Police (Northern Ireland) Act 2000. As provided for in section 37 of the Police (Northern Ireland) Act 2003, this code is applied to designated persons by the Police Powers for Designated Staff (Code of Ethics) Order (Northern Ireland) 2008.

Part II of these regulations provides for Part 7 of the Police (Northern Ireland) Act 1998, (which makes provision about police complaints and disciplinary proceedings) to apply with modifications to designated persons. The modifications, and additional provisions about the handling of complaints against designated persons, are set out in detail in Part IV of these regulations.

Part III of these regulations provides for the suspension of a designated person, and the withdrawal or modification of a designation.

Part V makes provision about cases where the designated person concerned is employed by a contractor.

Part VI makes provision about cases where the designated person concerned is a member of the police support staff.

Part VII makes provision for misconduct proceedings to be brought in a case where the designated person concerned is a member of the police support staff.