Memorandum by the Northern Ireland Office
ROYAL ULSTER CONSTABULARY (COMPLAINTS) (INFORMAL
RESOLUTION) REGULATIONS 2000 (S.R. 2000/319)
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 point:
Regulation 2 defines "the
appointed member" as the member appointed for the informal
resolution of disputes under section 53(4) of the Act.
This implies that the appropriate authority must
have appointed a single member to deal with all such disputes.
Regulation 4(1) provides that the appropriate
authority, following referral to a complaint suitable for informal
resolution, shall appoint a member. This implies that the authority
must appoint a member for each complaint, but may appoint different
members for different complaints. Explain the apparent conflict
between these two provisions, and how either is compatible with
section 53(4) of the Act which provides that the appropriate authority
may appoint a member to seek to resolve the complaint on behalf
of the authority.
2. Regulation 2 will be amended to read:
"the appointed member"
means the member appointed for the informal resolution of a complaint
under Section 53(4) of the Act of 1998".
3. Regulation 4(1) can be removed.
4. Regulation (4) shall be amended to provide that
"the appropriate authority or appointed member" shall
take the steps mentioned in subsections (2), (3) and (4).