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Police (Northern Ireland) Act 1998
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- 1998 c. 32
- Part VII
- Section 56
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Police (Northern Ireland) Act 1998, Section 56 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 50A inserted by 2023 c. 41 s. 45(1)
- s. 60ZD inserted by 2023 c. 41 Sch. 13 para. 3
- s. 66(3A) modified by 2003 c. 6 s. 30(11) (as added) by S.I. 2007/912 (N.I.) Sch. 4 para. 4
56 Formal investigation by the Ombudsman.N.I.
(1)Where a complaint or matter is to be formally investigated by the Ombudsman under section 54(2) or (3)(a) or 55(3), (5) or (6), he shall appoint an officer of the Ombudsman to conduct the investigation.
[F1(1A)Where an investigation is authorised by virtue of section 85 (read with section 86A) of the Criminal Justice Act 2003 (investigation of the commission of certain offences by persons acquitted), the Ombudsman shall appoint an officer of the Ombudsman to conduct the investigation.]
(2)The [F2Department of Justice] may by order provide that any provision of the M1Police and Criminal Evidence (Northern Ireland) Order 1989 which relates to investigation of offences conducted by police officers (within the meaning of that Order) shall apply, subject to such modifications as the order may specify, to investigations under this section conducted by persons who are not police officers (within the meaning of that Order).
(3)A person employed by the Ombudsman under paragraph 3(1) of Schedule 3 shall for the purpose of conducting, or assisting in the conduct of, an investigation under this section have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of [F3section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.
(4)Section 66 applies to a person to whom subsection (3) applies as it applies to a constable.
(5)A person to whom subsection (3) applies shall not be regarded as in police service for the purposes of—
(a)Article 145 of the M2Trade Union and Labour Relations (Northern Ireland) Order 1995; or
(b)Article 243 of the M3Employment Rights (Northern Ireland) Order 1996.
(6)At the end of an investigation under this section the person appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.
Textual Amendments
F1S. 56(1A) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912), arts. 1(3), 11(2)
F2Words in s. 56(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 29 (with arts. 28-31)
F3Words in s. 56(3) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(d); S.R. 2001/396, art. 2, Sch.
Marginal Citations
M11989 NI 12.
M21995 NI 12.
M31996 NI 16.
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