Garda Síochána (Police Co-Operation) Act 2003
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Breach of discipline by seconded member of Police Service of Northern Ireland. |
6.—(1) Where a person appointed to a rank in the Garda Síochána under section 3 admits a breach of discipline or is found to be in such breach, no disciplinary action shall be decided upon, recommended or taken, but the Commissioner shall transmit to the Chief Constable the report of the investigation and a copy of the admission or finding, together with a copy of the decision on any appeal, any related documents and a report of any relevant court proceedings; and the application of the Disciplinary Regulations in relation to such a person is modified accordingly. | |
(2) Where a complaint against such a person is made under the 1986 Act, that Act shall have effect with the following modifications: | ||
(a) if the complaint is referred by the Garda Síochána Complaints Board to the Commissioner under section 7(4)(a) of the Act, the Commissioner shall not proceed to deal with the complaint by way of advice, admonition or warning, but shall transmit the relevant documents to the Chief Constable; | ||
(b) if the complaint is referred by that Board to a tribunal under section 7(5) of the Act and the person either admits a breach of discipline or is found by the tribunal to be in such breach, the tribunal shall not decide that any disciplinary action should be taken against the person, but shall send a copy of the admission or finding and of any other relevant documents to the Commissioner for transmission to the Chief Constable; | ||
(c) the Garda Síochána Complaints Appeal Board shall send to the Commissioner a copy of its decision on any appeal by such a person under section 11(2)(a) of the Act and any other relevant documents; | ||
(d) on the determination of any such appeal or, as the case may be, the expiration of the period within which a person must notify the Appeal Board of his or her intention to appeal, the Commissioner shall transmit to the Chief Constable the documents mentioned in paragraph (b) and, as appropriate, those mentioned in paragraph (c); | ||
and any other necessary modifications. | ||
(3) For the purposes of proceedings against such a person under the Disciplinary Regulations or 1986 Act, those Regulations, that Act and this section shall, notwithstanding that the period of secondment has expired or been terminated and for as long as the person is a member of the Police Service of Northern Ireland, continue to apply in relation to the person as if he or she were a member of the Garda Síochána. | ||
(4) The Commissioner shall inform the Minister of any transmission of documents to the Chief Constable under this section. | ||
(5) The reference in subsection (1) to a breach of discipline is to a breach of discipline within the meaning of the Disciplinary Regulations and the reference in subsection (2)(b) to such a breach is to a breach of discipline within the meaning of the 1986 Act. |