Regulation 5 Conditions to be met for complaintsI1

Northern Ireland

Subject to regulations 6 and 10, the requirements for a complaint received under section 52(1) of the 1998 Act to be dealt with in accordance with the provisions of Part VII of the 1998 Act shall be:

(1)

It is made by, or on behalf of, a member of the public;

(2)

It is about the conduct of a member which took place not more than 12 months before the date on which the complaint is made or referred to the Ombudsman under section 52(1); and

(3)

(a)

A statement has not been issued in respect of the disciplinary aspects of an investigation under Article 9(11) of the Order or section 59(2) of the 1998 Act;

(b)

the complaint has not been informally resolved in accordance with Article 5 of the Order or section 53 of the 1998 Act;

(c)

the complaint has not been withdrawn within the meaning of Regulation 16 of the 1988 Regulations or Regulation 23 of the 2000 Regulations;

(d)

the complaint has not been dispensed with under Regulation 17 of the 1988 Regulations or Regulation 25 of the 2000 Regulations;

(e)

the complaint has not been otherwise dealt with under regulations made under 64(2)(d) or (e) of the 1998 Act, or

(f)

the complaint has not otherwise been investigated by the police.

Annotations

Commencement

I1: Reg. 5 in operation at 2.5.2001, see reg. 1