Policing, Security and Community Safety Act 2024
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Disapplication in exceptional circumstances of section 171(4) | ||
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172. (1) This section applies where— | ||
(a) there is a vacancy in the office of the Police Ombudsman, and | ||
(b) the Minister is of the opinion that, notwithstanding section 175 , due to exceptional circumstances it is in the public interest that a person be recommended to the Government for nomination as the Police Ombudsman without delay. | ||
(2) Where this section applies, the Minister may recommend to the Government a person who holds judicial office in a superior court or the Circuit Court for nomination under section 171 (3)(a) as the Police Ombudsman. | ||
(3) Where the Minister makes a recommendation under subsection (2)— | ||
(a) section 171 (4) shall not apply, and | ||
(b) subsection (6) of section 171 shall apply to the recommendation subject to the following modifications: | ||
(i) the reference in that subsection to the Service shall be construed as a reference to the Minister, | ||
(ii) the reference in that subsection to under this section shall be construed as a reference to under section 172 (2), and | ||
(iii) as if the references in that subsection to or the Deputy Police Ombudsman, as the case may be, were deleted. |