Garda Síochána Act 2005
Complaints, Investigations and other Procedures
Definitions ( Part 4).
82.— (1) In this Part, unless the context otherwise requires—
“admissible complaint” means a complaint determined by the Ombudsman Commission under section 87 to be admissible;
“breach of discipline” means conduct specified in Schedule 5;
( a) a person who makes a complaint,
( b) a person on whose behalf a complaint is made, and
( c) where a complaint is made on behalf of another by a person authorised to do so under section 83 , the authorised person.
“conduct” includes any act or omission and a reference to the occurrence of any conduct includes the doing of an act or the making of an omission;
“disciplinary proceeding” means a proceeding conducted in accordance with the Disciplinary Regulations;
“Garda Commissioner” includes a Deputy Garda Commissioner or an Assistant Garda Commissioner acting in place of the Garda Commissioner under section 32 ;
“member of the Garda Síochána” does not include the Garda Commissioner;
“member of the public” means a person other than a member of the Garda Síochána or the Garda Commissioner;
“misbehaviour” means conduct that constitutes an offence or a breach of discipline;
“serious harm” means injury that—
( a) creates a substantial risk of death,
( b) causes serious disfigurement, or
( c) causes substantial loss or impairment of mobility of the body as a whole or of the function of any particular bodily member or organ.
(2) A reference in any provision of this Part to a designated officer of the Ombudsman Commission is to a person designated under section 73 for the purpose of performing functions F128 [ under the provisions ] of this Part.
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 43(h), S.I. No. 236 of 2007.