Policing, Security and Community Safety Act 2024

Delegation of functions of Police Ombudsman

179. (1) Subject to subsection (2), the Police Ombudsman may, in writing, delegate any of his or her functions, other than his or her functions under section 210

(a) to the Deputy Police Ombudsman,

(b) to the chief executive officer, or

(c) by grade, position, name or otherwise to—

(i) any officer of the Police Ombudsman, or

(ii) any person engaged under section 181 .

(2) Where a delegation under this section relates to the performance of a function assigned to the Police Ombudsman by or under any enactment, other than this Act, the Police Ombudsman shall not exercise the power under this section to delegate the function without the prior consent of the Minister in writing in relation to that function.

(3) A delegation under this section may—

(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

(b) be made subject to conditions or restrictions, and

(c) be revoked or varied by the Police Ombudsman at any time.

(4) The delegation of a function under this section does not preclude the Police Ombudsman from performing the function.

(5) Where the Police Ombudsman’s functions are delegated to a person under this section, any references in that provision to the Police Ombudsman shall be construed as references to that person.

(6) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Police Ombudsman.

(7) A delegation under this section shall not cease to have effect by reason only of a change in the person lawfully acting as, or performing the functions of, the Police Ombudsman.

(8) In any legal proceedings, a certificate purporting to be signed by the Police Ombudsman stating that a specified function of the Police Ombudsman was, on a specified date, delegated by him or her under this section to a specified person and specifying the restrictions or conditions (if any) imposed on the delegation shall, unless the contrary is shown, be evidence of the matters stated therein without further proof, including proof of the signature of the Police Ombudsman.