Policing, Security and Community Safety Act 2024
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Transitional provisions relating to complaints, investigations and other matters under Act of 2005 | ||
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228. (1) Where, immediately before the repeal of section 87 of the Act of 2005 by section 5 , a determination under that section 87 as to the admissibility of a complaint (within the meaning of Part 4 of that Act) has not been made, the complaint shall be deemed to have been made under this Act. | ||
(2) Where, immediately before the repeal of section 90 of the Act of 2005 by section 5 , an admissible complaint (within the meaning of Part 4 of the Act of 2005) is subject to guidelines issued under that section 90 and the complaint has not been resolved, the Act of 2005 shall continue to apply to the complaint as if no provision of that Act had been repealed. | ||
(3) Where, immediately before the repeal of section 90 of the Act of 2005 by section 5 , an admissible complaint (within the meaning of Part 4 of the Act of 2005) has been referred to the Garda Commissioner under paragraph (a) of section 92 of the Act of 2005 and the investigation of the complaint under section 94 of the Act of 2005 has commenced and has not been completed before the repeal of that section 94 by section 5 , the Act of 2005 shall continue to apply to the investigation as if no provision of that Act had been repealed. | ||
(4) Where, immediately before the repeal of section 91 of the Act of 2005 by section 5 , an examination under subsection (1)(a) of that section 91 of a complaint referred to in that section has not commenced or has not been completed, the complaint shall be deemed to have been made under this Act. | ||
(5) Where an investigation under section 95 or 98 of the Act of 2005 of a complaint (within the meaning of Part 4 of the Act of 2005) has not commenced before the repeal of those sections by section 5 , the Act of 2005 shall continue to apply to the complaint as if no provision of that Act had been repealed. | ||
(6) Where an investigation under section 95 or 98 of the Act of 2005 of a complaint (within the meaning of Part 4 of the Act of 2005) has commenced before the repeal of those sections by section 5 and all matters relating to the investigation have not been completed before that repeal, the Act of 2005 shall continue to apply to the investigation as if no provision of that Act had been repealed. | ||
(7) Where an investigation of— | ||
(a) any matter under section 102(4), (4A) or (5) of the Act of 2005, or | ||
(b) any relevant wrongdoing to which a disclosure referred to in section 102A(1) of the Act of 2005 relates, | ||
has not commenced before the repeal of those sections by section 5 , the matter or disclosure concerned shall be deemed to be a matter or disclosure to which this Act applies. | ||
(8) Where an investigation of— | ||
(a) any matter under subsection (4), (4A) or (5) of section 102 of the Act of 2005, or | ||
(b) any relevant wrongdoing to which a disclosure referred to in section 102A(1) of the Act of 2005 relates, | ||
has commenced before the repeal of those sections by section 5 and all matters relating to the investigation concerned have not been completed before the repeal, the Act of 2005 shall continue to apply to the investigation as if no provision of that Act had been repealed. | ||
(9) Where an examination under subsection (1) of section 106 of the Act of 2005 has commenced before the repeal of that section by section 5 and the examination has not been completed before that repeal, the Act of 2005 shall continue to apply to the examination as if no provision of that Act had been repealed. | ||
(10) For the purpose of this section— | ||
(a) a reference to the commencement of an investigation under section 95 of the Act of 2005 shall be construed as a reference to the time at which the Garda Síochána Ombudsman Commission decides to investigate a complaint about conduct that does not appear to constitute an offence under that section, and | ||
(b) a reference to the commencement of an investigation under section 98 of the Act of 2005 shall be construed as a reference to the time at which a designated officer of the Garda Síochána Ombudsman Commission is directed under that section to investigate a complaint under that Act. | ||
(11) Where, before the repeal of section 129 of the Act of 2005 by section 5 , a certificate was signed by a member of the Garda Síochána Ombudsman Commission in accordance with subsection (1) or (2) of the said section 129, the certificate shall, in any legal proceedings after such repeal, unless the contrary is shown, be evidence of the matters stated therein as though the said subsections (1) and (2) of section 129 had not been repealed and subsection (3) of the said section 129 shall apply in respect of that certificate as if it had not been repealed. |