Regulation 19 Functions of Ombudsman as to disciplinary chargesI1
Northern Ireland
Where the Ombudsman considers disciplinary proceedings under Section 59 of the Act of 1998 he shall deal with the case without undue delay and shall, as soon as practicable, and send all relevant material, and a memorandum with such particulars as specified in Section 59(2) of the Act of 1998 concerning such disciplinary proceedings as appear to him appropriate .
Where the appropriate authority agrees to bring disciplinary proceedings, it shall notify the Ombudsman and the member.
Where the appropriate authority agrees to bring disciplinary proceedings the Ombudsman shall notify the complainant.
Where the Chief Constable has not preferred disciplinary charges or does not propose to do so and the Ombudsman accepts his decision he shall—
so inform the Chief Constable forthwith, and
notify the complainant of the decision and of its acceptance thereof,
and may furnish the complainant with such relevant information in explanation thereof, if any, as appears to the Ombudsman to be appropriate.
Where the Chief Constable withdraws a disciplinary charge with the leave of the Ombudsman given in pursuance of Section 59 of the Act, the Ombudsman shall notify the complainant that the charge has been withdrawn with its leave and furnish him with such relevant information in explanation of the withdrawal as appears to the Ombudsman appropriate and copy it to the member concerned.
The Ombudsman shall be relieved of the duty of notifying the complainant as mentioned in paragraphs (3), 4(b) or (5) if compliance therewith appears to it to be not reasonably practicable.
Where the Chief Constable has, under the F1Police (Conduct) Regulations (Northern Ireland) 2016, delegated the duty of deciding whether a member should be charged with a disciplinary offence, the references in paragraphs (2), (4) and (5) to the Chief Constable shall be taken as references to the officer to whom the duty is delegated.
Annotations
Textual amendments
- F1
Words in reg. 19(7) substituted (1.6.2016) by The Police (Conduct) Regulations (Northern Ireland) 2016 (S.R. 2016/41), regs. 1, 58
Commencement
- I1
Reg. 19 in operation at 6.11.2000, see reg. 1(1)