Memorandum by the Northern Ireland Office
ROYAL ULSTER CONSTABULARY (CONDUCT) (SENIOR OFFICER)
REGULATIONS 2000 (S.R. 2000/320)
1. The Committee considered the above instrument
at its meeting and has instructed me to request you to submit
a memorandum on the following points:
(1) If the Regulations are
made under sections 25 and 26 of the 1998 Act, explain why the
preamble refers to consultation in accordance with section 64(4)
which applies only to regulations made under section 64 (and not
consultation in accordance with sections 25(8) and 26(6)).
2. The reference to Section 4(4) of the Police (Northern
Ireland) Act 2000 in the preamble is inappropriate in these regulations.
We shall remove the reference and replace with the correct reference.
(2) Given that regulation
4 is headed "Interpretation and application" and that
it contains a paragraph (1), which deals with interpretation,
but no paragraph (2), has a paragraph been omitted inadvertently?
3. Regulation 4(1) should rightly be Regulation 4
and the Regulations should be headed "Interpretation"
and not "Interpretation and application". We propose
to amend both.
(3) The definition of "Code
of Conduct" in regulation 4(1) states that, in relation to
conduct occurring before 6th November 2000, the expression means
the discipline code contained in Schedule 1 to the Regulations
of 1988. Explain where in these Regulations "Code of Conduct"
has that meaning.
4. The Code of Conduct has the meaning Disciplinary
Code when applied to conduct occurring or commencing before 6
November 2000, by virtue of Regulation 2(2).
(4) Explain whether the words
"and of at least the rank of the senior officer concerned"
in sub-paragraph (b) of regulation 7(4) are also intended to qualify
sub paragraph (a).
6. Regulation 7(6) is incorrect since the Ombudsman
does not have the power to delegate the investigation of complaints
in the case of a senior officer. We propose to remove this paragraph.
(6) Explain the references
to the Ombudsman in regulations 9(2), 9(5) and in regulation 12
as submitted by paragraph 3 of schedule 2.
7. The Ombudsman is referred to in Regulations 9(2),
9(5) and in 12 as substituted by paragraph 3 of Schedule 2 because
of the part he plays in "fast track cases".
8. In brief If at any point in the investigation
the investigating officer feels the case is one which meets the
criteria for fast tracking he will refer a report of the investigation
to the Ombudsman. Then the Police Authority in consultation with
the Ombudsman will determine if the case is one for "fast
tracking" and if so certify the case as such. However if
at any time before the hearing of the case under the "fast
track" process it is determined that the case, for whatever
reason, is not suitable for "fast tracking" it will
be returned to the Ombudsman for normal processing.
(7) Explain the purpose and
effect of the words "subject to regulation 21" in regulation
9. The reference to Regulation 21 in Regulation 20(3)(b)
is to point out that a finding may not result in the recommendation
of a sanction.
(8) Should "regulations
11 and 22" in regulation 25(2) be "regulations 11 to
10. Yes "regulations 11 and 22" in regulation
25(2) should be "regulations 11 to 22". We propose to
amend this paragraph of the regulation.