Joint Committee on Statutory Instruments Third Report


Memorandum by the Northern Ireland Office


1. The Committee considered the above instrument at its meeting on 21 November and has instructed the NIO 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 64(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)  Regulation 6 requires copies of any documents submitted by the appellant to be sent by the Authority to the respondent and the members of the Tribunal. It also requires copies of any documents submitted by the respondent (including supporting documents) to be sent to the members of the Tribunal. However, it does not require copies of any supporting documents submitted by the respondent to be sent to the appellant. The appellant is entitled to receive only a list of such documents. Explain the reason for this difference and what right, if any, the appellant has to obtain copies of these documents.

3. The list of supporting documents referred to may contain personal papers of which the appellant would already have copies or be well aware of. Others may well have been produced at the earlier hearing or review and already be in the possession of the appellant. However the Department accepts that the appellant should be in the same position as the respondent and shall amend accordingly.

    (3)  Explain the meaning of "appropriate rank" in regulation 8(3)(d).

4. We did not consider it appropriate to define the meaning of "appropriate rank" in the body of the regulations since this is dependent on the rank of the appellant. Where the appellant is a superintendent this would be a retired superintendent or a chief superintendent and in all other cases a retired chief inspector or below. This is elaborated in the Guidance to the regulations.

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