Memorandum by the Northern Ireland Office
ROYAL ULSTER CONSTABULARY (APPEALS) REGULATIONS 2000
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
(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