Regulation 7 Conditions to be met for other matters – referred by the Secretary of State, Chief Constable or Police AuthorityI1

Northern Ireland

Subject to Regulations 9 and 10, the Ombudsman shall consider any other matter referred to him under subsections (1), (2), or (4) of section 55 of the 1998 Act if:

(1)

The actions, behaviour or conduct to which the matter relates took place not more than 12 months before the date on which the reference is made; and

(2)

(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the matter has not been withdrawn within the meaning of Regulation 16 of the 1988 Regulations or Regulation 23 of the 2000 Regulations,

(d)

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

(e)

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

(f)

the matter has not been otherwise investigated by the police.

Annotations

Commencement

I1: Reg. 7 in operation at 2.5.2001, see reg. 1