Memorandum by the Northern Ireland Office
ROYAL ULSTER CONSTABULARY (COMPLAINTS ETC.) REGULATIONS
2000 (S.R. 2000/318)
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) Given that regulation
21 does not provide that the Regulations do not apply in any specified
circumstances, explain why regulation 3 (application of regulations)
is expressed to be subject to regulation 21.
2. This should refer to regulation 23 and not regulation
21 and amendment will be made.
(2) Confirm the accuracy
of the date 6 November 1999 in both places where it appears in
3. The reference to 6 November 1999 is accurate,
it provides for a transitional period.
(3) Given the terms of section
52(3)(b) and (4), identify the power under which regulation 5
4. We accept that these regulations are not provided
for in the Act and they will be removed.
(4) Identify the power under
which regulations 11(1), 11(2) and 12(2) are made.
5. Regulations 11(1), 11(2) and 12(2) are made under
(5) Given that section 57(7)
permits the Ombudsman to impose requirements as to the conduct
of an investigation which he is supervising, explain the purpose
of regulation 14(1) and identify the power under which regulation
14(2) is made.
6. These two regulations will be removed.
(6) Explain the purpose and
effect of the words "and it relates to a complaint"
in regulation 23(3).
7. "and it relates to a complaint" is not
necessary as the opening sentence of regulation 23 refers to a
complaint and will be amended.
(7) Explain the purpose and
effect of the words preceding "the provisions of Part VII"
in regulation 24(1).
8. Section 64(2)(iii) of the Act. This provides for
circumstances where a complainant fails to respond to a request
to indicate whether he wishes further steps to be taken.
(8) Regulation 24(2) requires
the chief constable, where a complaint has been referred to him
for investigation, to request the Ombudsman to write to the complainant
inviting them [sic] to indicate whether they [sic] wish any further
steps to be taken. Explain when and how often in the course of
an investigation this duty arises.
9. The reference to "them" should be "him"
and "they" should be "he" and will be changed.
This would apply where a complainant fails to assist the investigation,
however, the regulation will need to be amended to provide that
this only applies in these circumstances. The reason why we have
provided for the Ombudsman to write is in case the failure to
assist is due to concerns in the manner in which the police are
investigating the complaint.
(9) Identify the words which
are missing from the end of regulation 25(3)(d).
10. This regulation should read: Where the Chief
Constable is of the opinion that the complaint is a repetitious
complaint and the previous complaint has been withdrawn in accordance
with regulation 16 of the Royal Ulster Constabulary (Complaints,
etc) 1988, or regulation 23 of these regulations, a copy of the
(10) Verify the reference
to regulation 25(2) in paragraph 3(1)(d) of the Schedule. Should
this be a reference to paragraph 3(2) of the Schedule?
11. This should be a reference to paragraph 3(2)
of the schedule and will be amended.
(11) Are regulations 28 and
29 made under sections 25(3) and 26(3), as extended by section
59(8)? If so, why are those sections not cited as enabling powers
in the preamble?
12. The preamble will be amended.
(12) Explain the meaning
of "appropriate rank" in regulations 28(1)(a) and 29(1)(a).
13. No definition of "appropriate rank"
appears in the regulation however this is clarified in guidance
and the Conduct Guidance make provision for the appointment of
investigating officers of certain ranks. However, when dealing
with complaints which appear to have serious implications, whether
by reason of the allegations or the number and standing of the
officers involved, the Chief Constable should always consider
whether the investigation warrants the appointment of an investigating
officer of the rank of superintendent or above.
(13) Explain the purpose
and effect of regulation 30(2).
14. Regulation 30(2) will be removed.