|
|
|
|
|
|
|
Navigation
News
|
 |
Police (Northern Ireland) Act 2000 (c. 32)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 Sex Discrimination (Northern Ireland) Order 1976 (NI 15)1 (1) The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows. (2) Omit Article 19. (3) In Article 82(4) for "Article 19" substitute "Articles 84 and 85". (4) After Article 83 insert-- " 84 The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve(1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment-- (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) Regulations under section 25 or 26 of the Police (Northern Ireland) Act 1998 or section 41 of the Police (Northern Ireland) Act 2000 shall not treat men and women differently except-- (a) as to requirements relating to uniform or equipment or allowances in lieu of uniform or equipment; (b) so far as special treatment is accorded to women in connection with pregnancy or childbirth; or (c) in relation to pensions. (3) Nothing in Part II renders unlawful any discrimination between male and female constables as to matters such as are mentioned in paragraph (2)(a). (4) For the purposes of Article 42-- (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (5) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000-- (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him the proceedings; and (b) any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board. (6) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay-- (a) any compensation, damages or costs awarded in proceedings under this Order against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (7) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (6). (8) Paragraphs (1) and (4) to (7)-- (a) apply in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 of the Police Act 1997 as they apply in relation to a police officer; (b) apply in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if-- (i) in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in paragraphs (4), (6) and (7) the references to the Chief Constable were references to the Ombudsman. 85 Other police bodies(1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment-- (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 42-- (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund-- (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by a chief officer of police for the settlement of any claim made against him under this Order if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund-- (a) any compensation, damages or costs awarded in proceedings under this Order against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4). (6) In this Article--
(7) Nothing in paragraphs (3) to (6) applies in relation to the police. " Race Relations (Northern Ireland) Order 1997 (NI 6)2 (1) The Race Relations (Northern Ireland) Order 1997 shall be amended as follows. (2) Omit Article 17. (3) In Article 71(3) for "Article 17" substitutes "Articles 72A and 72B". (4) After Article 72 insert-- " 72A The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve(1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment-- (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 32-- (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000-- (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board. (4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay-- (a) any compensation, damages or costs awarded in proceedings under this Order against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (4). (6) This Article-- (a) applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 of the Police Act 1997 as it applies in relation to a police officer; (b) applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if-- (i) in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in paragraphs (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman. 72B Other police bodies(1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment-- (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 32-- (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund-- (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by a chief officer of police for the settlement of any claim made against him under this Order if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund-- (a) any compensation, damages or costs awarded in proceedings under this Order against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4). (6) In this Article--
(7) Nothing in paragraphs (3) to (6) applies in relation to the police. " Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)3 (1) The Fair Employment and Treatment (Northern Ireland) Order 1998 shall be amended as follows. (2) For Article 94 substitute-- " 94 The Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve(1) For the purposes of this Order (except Article 36 and Part VII), the holding of the office of constable as a police officer shall be treated as employment-- (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 36-- (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000-- (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; (b) costs incurred by him in connection with any investigation under Part II so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 2; and (c) any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board. (4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay-- (a) any compensation, damages or costs awarded in proceedings under this Order against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (4). (6) This Article-- (a) applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 of the Police Act 1997 as it applies in relation to a police officer; (b) applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if-- (i) in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in paragraphs (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman. 94A Other police bodies(1) For the purposes of this Order (except Article 36 and Part VII), the holding of the office of constable otherwise than as a police officer shall be treated as employment-- (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 36-- (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund-- (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; (b) costs incurred by him in connection with any investigation under Part II so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 2; and (c) any sum required by a chief officer of police for the settlement of any claim made against him under this Order if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund-- (a) any compensation, damages or costs awarded in proceedings under this Order against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4). (6) In this Article--
(7) Nothing in paragraphs (3) to (6) applies in relation to the police. " Section 78. SCHEDULE 6 AmendmentsInterpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))1 In the Interpretation Act (Northern Ireland) 1954 after section 43 insert-- " 43A Definitions in connection with policeIn an enactment--
Parliamentary Commissioner Act 1967 (1967 c. 13)2 In Schedule 2 to the Parliamentary Commissioner Act 1967 at the appropriate place in alphabetical order insert the following entry-- " Northern Ireland Policing Board " . House of Commons Disqualification Act 1975 (c. 24)3 (1) The House of Commons Disqualification Act 1975 shall be amended as follows. (2) In section 1(3) in the definition of "police authority" for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board". (3) In Part III of Schedule 1 at the appropriate place in alphabetical order insert the following entry-- " Chairman or vice-chairman of the Northern Ireland Policing Board. " (4) In that Part of that Schedule, at the appropriate place in alphabetical order insert the following entry-- " Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000. " Northern Ireland Assembly Disqualification Act 1975 (c. 25)4 (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows. (2) In section 1(2) in the definition of "police authority" for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board". (3) In Part III of Schedule 1, at the appropriate place in alphabetical order insert the following entry-- " Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000. " Interpretation Act 1978 (c. 30)5 In Schedule 1 to the Interpretation Act 1978 (defined words and expressions), insert at the appropriate place-- " "Police Service of Northern Ireland" and "Police Service of Northern Ireland Reserve" have the same meaning as in the Police (Northern Ireland) Act 2000; " . Health and Safety at Work (Northern Ireland) Order 1978 (NI 9)6 In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 for sub-paragraph (a) substitute-- " (a) in relation to a police officer, means the Chief Constable; " . Finance Act 1981 (c. 35)7 In section 107(3)(k) of the Finance Act 1981 for "the Police Authority for Northern Ireland" substitute "the Northern Ireland Policing Board". Aviation Security Act 1982 (c. 36)8 In section 31(3)(c) of the Aviation Security Act 1982 for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board". Official Secrets Act 1989 (c. 6)9 In section 12(1)(e) of the Official Secrets Act 1989 for the words in brackets substitute "(including the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve)". Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)10 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows. (2) In Article 2(2) omit the definition of "police officer". (3) In Articles 7(1), 50(2) and 56(14) for "section 48(1) of the Police (Northern Ireland) Act 1998" substitute "section 58(1) of the Police (Northern Ireland) Act 2000". (4) In Article 32(4)(b) for "Police Authority" substitute "Policing Board". (5) In Article 75(3) in the definition of "police purposes" for the words from "Royal Ulster Constabulary" to the end substitute "police and of the police support staff." Aviation and Maritime Security Act 1990 (c. 31)11 In section 22(4)(b) of the Aviation and Maritime Security Act 1990 for sub-paragraph (ii) substitute-- " (ii) in Northern Ireland, by the Northern Ireland Policing Board or an authority which has entered into an agreement with the Police Ombudsman for Northern Ireland under section 60 of the Police (Northern Ireland) Act 1998; " . Police Act 1996 (c. 16)12 (1) The Police Act 1996 shall be amended as follows. (2) In section 61(1) for "Royal Ulster Constabulary" substitute "Police Service of Northern Ireland" and for "that Constabulary" substitute "the Police Service". (3) In section 97(1)(f) and (7)(b) for "Royal Ulster Constabulary" substitute "Police Service of Northern Ireland". (4) In section 98(1) to (5) for "Royal Ulster Constabulary" (wherever occurring) substitute "Police Service of Northern Ireland". (5) In section 98 for subsections (8) and (9) substitute-- " (8) "Constable", in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000. " . Juries (Northern Ireland) Order 1996 (NI 6)13 In Schedule 2 to the Juries (Northern Ireland) Order 1996 for the entries beginning "Members of the Royal Ulster Constabulary" and "Members and staff of the Police Authority" substitute--
Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)14 In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 after the entry beginning "A district council" insert the following entry-- " A district policing partnership " . Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 -- Back --
Stat
| |
Other
|