Garda Síochána Act 2005

PART 4

Complaints, Investigations and other Procedures

82

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;

“complainant” means—

( 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.

Annotations:

Amendments:

F128

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 43(h), S.I. No. 236 of 2007.