{
  "url": "https://openlegislation.uk/police-powers-for-designated-staff-complaints-and-misconduct-regulations-northern-ireland-2008/regulation-38",
  "json_url": "https://openlegislation.uk/police-powers-for-designated-staff-complaints-and-misconduct-regulations-northern-ireland-2008/regulation-38.json",
  "legislation": "nisr/2008/242",
  "legislation_title": "Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008",
  "legislation_url": "https://openlegislation.uk/police-powers-for-designated-staff-complaints-and-misconduct-regulations-northern-ireland-2008",
  "path": "regulation/38",
  "kind": "regulation",
  "number": "38",
  "heading": "Police support staff: question of misconduct proceedings",
  "text": "(1) On receipt of a report under regulation 35(2), the supervising member shall consider whether to refer the case to a hearing under Part VII.\n(2) Where a case concerning the relevant conduct of a designated person is referred to a supervising member under regulation 34 and falls to be investigated under section 56 or 57 of the 1998 Act, the case may not be referred to a hearing until the Chief Constable receives a memorandum from the Ombudsman in respect of the relevant conduct under section 59(2) of the 1998 Act.\n(3) Where the Chief Constable has a duty to proceed under section 59(6) of the 1998 Act, he shall refer the case to a hearing under Part VII.\n(4) Where the designated person concerned has—\n(a) received a written warning about his conduct within the previous twelve months, and\n(b) in a statement made to the appointed officer under a caution given under regulation 37, admitted that his conduct failed to meet the appropriate standard,\nthe supervising member shall refer the case to a hearing under Part VII.\n(5) Where the case is not referred to a hearing no reference to it shall be made on the personal record of the designated person concerned.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2008/242/regulation/38",
    "retrieved_at": "2026-10-29T01:36:11.037025+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}