CAIN: Police Act (Northern Ireland) 1970

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Police Act (Northern Ireland) 1970



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Police Act
(Northern Ireland) 1970

Table of Contents

Introduction
1Establishment of a Police Authority for Northern Ireland
2Transfer of property to the Police Authority
3Staff of the Police Authority
4Acquisition, disposal and occupation of land by the Police Authority
5Provision and maintenance of equipment
6Strength and operational control of the police force, etc.
7Appointment and removal of senior officers of the RUC
8Appointment of other members of the RUC
9Reserve Constables
10Police Cadets
11Rewards for diligence
12Information as to manner of dealing with complaints
13Investigation of complaints
14Liability for wrongful acts of members of the police force
15Annual and other reports by the Inspector General
16Appointment of inspectors of constabulary
17Police Association
18Police Advisory Board
19Provisions with respect to members of other UK forces sent to aid RUC
20Aid by the RUC to other UK police forces
21Provisions for facilitating the engagement of members of the RUC with other UK police forces
22Provisions consequential on RUC participation in Police Council or the United Kingdom
23Appointment of traffic wardens by the Police Authority
24Provision of special services
25Regulations for the RUC
26Regulations for reserve constables
27Regulations as to standard of equipment
28RUC fund
29Accounts of Police Authority
30Estimates of Police Authority's receipts and payments
31Expenses and borrowing powers of the Police Authority
32Expenses of the Ministry
33Minor and consequential amendments and repeals
34Orders and regulations
35Interpretation
36Short title and commencement
Schedules:
Schedule 1: The Police Authority
Schedule 2: Modifications of Section 22 (2) of and Schedule 2 to the Local Government Act (Northern Ireland) 1934 for the purposes of Section 4
Schedule 3: Minor and Consequential Amendments of Enactments


Police Act
(Northern Ireland) 1970

1970. Chapter 9

An Act to provide for the establishment and functions of a Police Authority for Northern Ireland, of a Police Association for Northern Ireland and of a Police Advisory Board for Northern Ireland; to make provision in connection with the giving of assistance to the police force in Northern Ireland by other United Kingdom police forces; to enable assistance to be given to other United Kingdom police forces by the police force in Northern Ireland; to make provision in relation to a Police Council for the United Kingdom; to make further or other provision in relation to the police force in Northern Ireland; and for purposes connected with any of those matters.
[26th March 1970]

BE it enacted by the Queen's most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:-

l. (1) There shall be established a body corporate to be called the Police Authority for Northern Ireland (in this Act referred to as the "Police Authority") to which section 19 of the Interpretation Act (Northern Ireland) 1954 shall, subject to the provisions of this Act, apply. Establishment of a Police Authority for Northern Ireland.
(2) It shall be the duty of the Police Authority to secure the maintenance of an adequate and efficient police force in Northern Ireland and to carry out all such functions as are conferred on them by this Act.
(3) The constitution of the Police Authority shall be as provided in that behalf in Part I of Schedule 1 and the supplementary provisions in Part II of that Schedule shall have effect with respect to the Authority.
2. (1) There shall, on the appointed day, be transferred to and vest in the Police Authority by virtue of this Act:- Transfer of property to the Police Authority.
(a) all the estates held immediately before that day by the Ministry of Home Affairs (in this Act referred to as "the Ministry") or the Ministry of Finance in land used wholly or mainly for the purposes of the Royal Ulster Constabulary;
(b) all equipment, furniture or other moveable property then owned by the Ministry or the Ministry of Finance and used on or in connection with such land for those purposes; and
(c) all rights and liabilities to which the Ministry or the Ministry of Finance was entitled or subject immediately before that day, being rights and liabilities acquired or incurred solely in connection with any such land, equipment, furniture or other moveable property.
(2) There shall also, on the appointed day, be transferred to and vest in the Police Authority by virtue of this Act all vehicles, apparatus, furniture, fittings, clothing and other equipment owned by the Ministry and held immediately before that day wholly or mainly for use for the purposes of the Royal Ulster Constabulary and all rights and liabilities to which the Ministry was entitled or subject immediately before that day in connection with the supply of vehicles, apparatus, furniture, fittings, clothing or other equipment wholly or mainly for use for those purposes.
(3) Nothing in subsections (1) or (2) shall operate to transfer to or vest in the Police Authority any estate in land or any furniture, equipment, or other moveable property held by the Ministry or the Ministry of Finance for the use of the Ulster Special Constabulary but notwithstanding anything in section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 either Ministry may dispose of any such estate in land or any such moveable property held by it to such persons and on such terms as may be jointly agreed by both Ministries.
(4) The Ministry with the approval of the Ministry of Finance may by regulations make such provision supplementary to or consequential on the provisions of subsections (1) and (2) as appears to the Ministry to be necessary or expedient, and in particular, but without prejudice to the generality of the foregoing, may provide by such regulations-
(a) for the determination by arbitration, in default of agreement, of any question arising as to whether any property, right or liability will be or has been transferred under those subsections;
(b) where any property, right or liability transferred under this section or the title to any such property or right is entered on any register kept in pursuance of any enactment, for the amendment of the entry by the person keeping the register;
(c) for enabling pending proceedings relating to any property, rights or liabilities transferred under this section to be continued; and
(d) for substituting, as from the appointed day, for any reference, in any enactment, judgment, decree, order, award, deed, contract, regulation, rule, byelaw, certificate or other document affecting any property, right or liability transferred under this section and passed or made before the appointed day, to the Ministry or to the Ministry of Finance, or for any reference which is to be construed as a reference to the Ministry or as a reference to the Ministry of Finance, a reference to the Police Authority.
3.(1) The following provisions of this section shall have effect with respect to the powers of the Police Authority under section 19 of the Interpretation Act (Northern Ireland) 1954 to employ staff. Staff of the Police Authority.
(2) The Police Authority with the approval of the Ministry shall appoint a chief administrative officer who shall be secretary to the Authority and who shall carry out such functions as may be assigned to him by the Authority.
(3) The conditions of service of the officer appointed under subsection (2) and the numbers and conditions of service of other staff employed by the Police Authority shall be subject to the approval of the Ministry.
(4) The Police Authority may make arrangements with the Ministry or the Ministry of Finance for administrative, secretarial or other assistance to be provided for the Authority by officers of the civil service.
4.(1) Subsections (2) to (5) of this section and section 5 shall have effect with respect to the powers of the Police Authority under section 19 of the Interpretation Act (Northern Ireland) 1954 to acquire, hold and dispose of real or personal property. Acquisition, disposal and occupation of land by the Police Authority.
(2) The powers of the Police Authority to acquire and dispose of land shall not be exercised without the consent of the Ministry which may be given either generally or in particular cases or descriptions of case or subject to specified conditions; and the Authority's power to acquire land shall include power to acquire it compulsorily in accordance with the provisions of subsections (3) and (4).
(3) Where the Police Authority propose to acquire any land compulsorily they may apply to the Ministry for an order vesting that land in them and the Ministry shall have power to make such an order.
(4) Section 22 (2) of, and Schedule 2 to, the Local Government Act (Northern Ireland) 1934 shall, subject to the modifications thereof specified in Schedule 2, have effect in relation to a vesting order made under subsection (3) as they have effect in relation to a vesting order made under that Act.
(5) The Police Authority, with the consent of the Ministry, may provide and maintain such buildings, structures and premises, and make such alterations in any buildings, structures and premises already provided, as they may consider necessary for police purposes or for the purposes of their functions under this Act.
(6) Hereditaments occupied by the Police Authority for police purposes or for the purposes of any function of the Authority under this Act shall not be-
(a) exempted from rating under section 63 of the Poor Relief (Ireland) Act 1838 on the ground that they are buildings, land or hereditaments dedicated to or used for public purposes; or
(b) distinguished under section 2 of the Valuation (Ireland) Act 1854 as exempt from rates on the ground that they are hereditaments or tenements of a public nature and occupied for the public service.
(7) Subsection (6) shall have effect for the purposes of the making and levying of rates for the year beginning on 1st April 1971 and subsequent years.
5. The Police Authority shall, subject to any regulations made under section 27, provide and maintain such vehicles, apparatus, furniture, fittings, clothing and other equipment as may be required for the purposes of this Act and may enter into arrangements with any Government department or public or local authority for the maintenance and repair, on such terms as the Authority with the approval of the Ministry may determine, of vehicles, apparatus or other equipment used by that department or authority. Provision and maintenance of equipment.
6. (1) The Police Authority shall, subject to the approval of the Minister of Home Affairs (in this Act referred to as "the Minister") given with the concurrence of the Minister of Finance, from time to time determine the maximum number of persons of each rank which is to constitute the establishment of the police force and the maximum number of persons who may be appointed as police cadets and traffic wardens respectively. Strength and operational control of the police force, etc.
(2) The police force, police cadets and traffic wardens shall be under the direction and control of the Inspector General.
7.(1) As from the appointed day the Police Authority shall, subject to the approval of the Minister and, in the case of senior officers other than the Inspector General, after consultation with the Inspector General, appoint each senior officer of the Royal Ulster Constabulary and every senior officer holding office immediately before that day shall be deemed to have been so appointed by the Police Authority. Appointment and removal of senior officers of the R.U.C.
(2) The Police Authority with the approval of the Minister may call upon any senior officer of the Royal Ulster Constabulary to retire in the interests of efficiency and (without prejudice to the foregoing) shall, if required by the Minister, call upon the Inspector General so to retire.
(3) Before approving the exercise of the power conferred by subsection (2) on the Police Authority or requiring the exercise of that power, the Minister-
(a) shall give the officer an opportunity to make, either personally or otherwise, representations to him; and
(b) where any such representations are made, shall appoint a person or persons to hold an inquiry and to report to him and shall consider any report so made;
and a true copy of such report shall be made available to the officer concerned.
(4) Where one person only is appointed under subsection (3) he shall, and where two or more persons are so appointed one at least shall, be a person who is not a member of the police force or an officer of a Government department.
(5) The costs incurred in respect of an inquiry under this section shall be defrayed by the Ministry.
(6) A senior officer who is called upon to retire under this section shall retire, in the case of the Inspector General, on such date as the Minister may specify and, in the case of any other senior officer, on such date as the Police Authority may specify or, in either case, on such earlier date as may be agreed upon between the officer and the Authority.
8. The power to appoint or promote any person to any rank in the Royal Ulster Constabulary other than that of a senior officer shall, as from the appointed day, be exercisable by the Inspector General subject to and in accordance with regulations made under section 25, and members of the Royal Ulster Constabulary who, immediately before that day, held a rank other than that of a senior officer shall be deemed to have been appointed or promoted by the Inspector General under this section. Appointment of other members of the R.U.C.
9.(1) The Inspector General may, in accordance with regulations made under section 26, appoint reserve constables and such reserve constables shall be known as the Royal Ulster Constabulary Reserve. Reserve constables.
(2) Every reserve constable shall on appointment be attested as a constable by taking and subscribing the like oath as is required to be taken and subscribed by a member of the Royal Ulster Constabulary and shall when on duty as a reserve constable have the like powers, privileges and duties as by the law for the time being in force may be exercised by or are conferred or imposed upon a member of the Royal Ulster Constabulary.
10.(1) The Inspector General may, in accordance with regulations made under subsection (4), appoint persons as police cadets to undergo training with a view to becoming members of the Royal Ulster Constabulary. Police cadets.
(2) Subject to regulations made under subsection (4), all police cadets shall be subject to dismissal by the Inspector General.
(3) Without prejudice to section 6 (2) and subsection (2), the Police Authority shall, for the purposes of any enactment relating to the functions of employers and of any rule of law with respect to the vicarious liability of employers, be treated as the employer of each police cadet undergoing training.
(4) The Ministry may make regulations as to the government, administration and conditions of service of police cadets and, without prejudice to the generality of the foregoing, such regulations may provide for the application to police cadets, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of the Royal Ulster Constabulary.
(5) Regulations under this section for regulating pay, allowances and pensions shall require the concurrence of the Ministry of Finance.
11. The Police Authority may, on the recommendation of the Inspector General, pay to members of the police force rewards for exceptional diligence or other specially meritorious conduct. Rewards for diligence.
12.(1) It shall be the duty of the Police Authority to keep themselves informed as to the manner in which complaints from members of the public against members of the police force are dealt with by the Inspector General. Information as to manner of dealing with complaints.
(2) This section and section 13 shall apply to police cadets and traffic wardens as they apply to members of the police force.
13.(1) Where a complaint is made by a member of the public against a member of the police force, the complaint shall be referred to the Inspector General who shall (unless the complaint alleges an offence with which the member of the police force has then been charged) forthwith record the complaint and cause it to be investigated. Investigation of complaints.
(2) Where a complaint which is investigated under subsection (1) relates to a matter affecting or appearing to affect the public interest, the Inspector General may, and if so required by the Police Authority or the Minister shall, refer the complaint to a tribunal constituted in accordance with subsection (3) (in this section referred to as "the tribunal") to consider and report thereon.
(3) The tribunal shall consist of a barrister-at-law or solicitor of not less than ten years' standing appointed by the Lord Chief Justice and two members of the Royal Ulster Constabulary, or of any other police force in the United Kingdom, appointed by the Police Authority to act as assessors.
(4) The proceedings of the tribunal shall be conducted in public unless the Minister in the interests of security otherwise directs.
(5) On receiving the report of an investigation under subsection (1) and, if the complaint is referred under subsection (2) to a tribunal, the report of the tribunal thereon the Inspector General, unless satisfied that no criminal offence has been committed, shall send the report or reports to the Attorney-General.
(6) The Ministry shall pay such fees and other allowances to members of the tribunal and such other expenses of the tribunal as the Ministry with the approval of the Ministry of Finance may determine.
14.(1) Proceedings may be brought against the Inspector General for the recovery of damages in respect of torts committed by members of the police force under his direction and control in the exercise or purported exercise of their functions in like manner as proceedings may be brought against a master for the recovery of damages in respect of torts committed by his servants in the course of their employment, and the Inspector General shall in respect of any such first-mentioned tort be treated for the purposes of such proceedings as a joint tortfeasor. Liability for wrongful acts of members of the police force.
(2) There shall be paid by the Police Authority-
(a) any damages or costs awarded against the Inspector General in any proceedings brought against him by virtue of this section and any costs properly incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
(b) any sum required in connection with the settlement of any claim made against the Inspector General by virtue of this section, if the settlement is approved by the Police Authority.
(3) Without prejudice to subsection (1), the Police Authority may, in such cases and to such extent as they think fit, pay any damages or costs awarded against a member of the police force in proceedings for a tort committed by him, any costs incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.
(4) The Police Authority may make arrangements for the legal representation of the Inspector General or any member of the police force in any proceedings to which this section applies.
(5) This section shall apply to persons serving with the Royal Ulster Constabulary under arrangements, or in compliance with directions, mentioned in section 19 as it applies to members of the police force.
15.(1) The Inspector General shall, as soon as possible after the end of each calendar year, submit to the Police Authority a general report in writing on the carrying out by the police force of their functions during that year and the Authority shall transmit that report or a copy thereof to the Minister who shall lay a copy before each House of Parliament. Annual and other reports by the Inspector General.
(2) The Inspector General shall, whenever so required by the Minister or the Police Authority, submit to him or to them reports in writing on such matters as may be specified in the requirement.
(3) If it appears to the Inspector General that a report in compliance with any such requirement of the Police Authority as is mentioned in subsection (2) would contain information which in the public interest ought not to be disclosed, or is not needed for the discharge of the functions of the Police Authority, he shall request that Authority to refer the requirement to the Minister; and in any such case the requirement shall be of no effect unless it is confirmed by the Minister.
16. (1) The Minister may appoint an inspector of constabulary or such number of inspectors of constabulary, as he with the approval of the Minister of Finance may determine, to inspect and report to him on the efficiency of the police force. Appointment of inspectors of constabulary.
(2) An inspector of constabulary shall carry out such other duties for the purpose of furthering police efficiency and make such other reports as the Minister may request.
(3) Any expenditure incurred for the purposes of or in connection with an inspection by an inspector of constabulary shall be defrayed by the Ministry.
17.(1) There shall be a Police Association for Northern Ireland (in this Act referred to as the "Police Association") for the purpose of representing members of the police force in all matters affecting their welfare and efficiency, other than questions of promotion and discipline affecting individuals. Police Association.
(2) The Police Association shall be entirely independent of, and unassociated with, any body or person outside the police services of the United Kingdom but may employ persons outside those services in an administrative or advisory capacity.
(3) Nothing in section 2 of the Constabulary and Police (Ireland) Act 1919 shall operate to prevent any member of the police force becoming a member of the Police Association.
(4) The Minister after consultation with the representative bodies established under section 1 of the Constabulary and Police (Ireland) Act 1919 or, after the establishment of the Police Association, with the Association, may by regulations prescribe the constitution and proceedings of the Police Association and, without prejudice to the generality of that power, regulations under this subsection may make provision-
(a) with respect to the membership of the Police Association;
(b) with respect to the raising of funds by the Police Association by voluntary subscription and the use and management of funds derived from such subscriptions;
(c) with respect to the manner in which representations may be made by the Police Association, or any committee thereof, to the Police Authority, the Inspector General or the Minister;
(d) for the payment by the Ministry of expenses incurred in connection with the Police Association; and
(e) for modifying any orders made under section 4 of the Constabulary and Police (Ireland) Act 1919, or regulations made under section 25 or 26, in relation to any member of the police force who is the secretary or an officer of the Police Association and for requiring the Association to make contributions in respect of the pay, pensions or allowances payable to or in respect of any such person.
(5) Regulations under this section may contain such supplementary and transitional provisions as the Minister thinks fit, including provisions adapting references in any enactment to a representative body under section 1 of the Constabulary and Police (Ireland) Act 1919.
(6) This section applies to police cadets as it applies to members of the police force and references to police services shall be construed accordingly.
18.(1) There shall be a Police Advisory Board for Northern Ireland (in this Act referred to as the "Advisory Board") for the purpose of advising the Minister on general questions affecting the police force. Police Advisory Board.
(2) The constitution and proceedings of the Advisory Board shall be such as the Minister, after consulting the Police Authority and organisations representing the interests of members of the police force and police cadets, may by order determine.
19.(1) Where, under arrangements authorised by, or in compliance with directions given under, an enactment of the Parliament of the United Kingdom, a member of a police force within the meaning of section 62 of the Police Act 1964 or section 50 of the Police (Scotland) Act 1967 (in this Act referred to as "another United Kingdom police force") is provided for the purpose of enabling the Royal Ulster Constabulary to meet a special demand on its resources, he shall, while serving with that Constabulary- Provisions with respect to members of other U.K. forces sent to aid R.U.C.
(a) be under the direction and control of the Inspector General; and
(b) have all the powers, protection and privileges of a member of that Constabulary.
(2) The Police Authority shall pay to the police authority maintaining the other United Kingdom police force providing the member or other assistance under such arrangements or in accordance with such directions as are mentioned in subsection (1), such contributions as may be agreed between the Police Authority and the police authority for the other United Kingdom police force or as may, in default of agreement, be determined jointly by the Secretary of State and the Minister.
20.(1) The Inspector General may, on the application of the chief officer of another United Kingdom police force, provide members of the Royal Ulster Constabulary or other assistance for the purpose of enabling the first-mentioned force to meet a special demand on its resources. Aid by the R.U.C. to other U.K. police forces.
(2) The Minister, if satisfied by the Secretary of State that it is expedient in the interests of public safety or order that another United Kingdom police force should be reinforced or should receive other assistance for the purpose of enabling it to meet a special demand on its resources and that satisfactory arrangements under the foregoing subsection cannot be made or cannot be made in time, may, at his request, direct the Inspector General to provide such members of the Royal Ulster Constabulary or other assistance for that purpose as may be specified in the direction.
(3) A member of the Royal Ulster Constabulary shall, during any period during which he is provided under this section for the assistance of another United Kingdom police force be under the like direction and control as a member of that force notwithstanding anything to the contrary contained in this Act or in section 1 or 7 of the Constabulary Act (Northern Ireland) 1922 or in the enactments applied by those provisions respecting the government, direction and superintendence of the Royal Ulster Constabulary.
21.(1) The following provisions shall have effect with respect to a member (other than the Inspector General) of the Royal Ulster Constabulary who, with the consent of the Inspector General and the Minister engages for a period of service in another United Kingdom police force, namely- Provisions for facilitating the engagement of members of the R.U.C. with other U.K. police forces.
(a) during that period (or if, during the course thereof, he is dismissed from that other force or is required to resign as an alternative to dismissal, during such part of that period as ends when he is dismissed or required to resign) he shall, except for the purpose of his being promoted in the Royal Ulster Constabulary, be treated as if he were not a member thereof; and
(b) he shall, when, by virtue of paragraph (a), he ceases (except for the purpose aforesaid) to be treated as if he were not a member of the Royal Ulster Constabulary, be entitled to revert to that Constabulary-
(i)if he has not been promoted in that Constabulary during his period of service in the other United Kingdom police force, in the rank in which he was serving immediately before he engaged for a period of service in that force;
(ii) if he has been so promoted, in the rank to which he has been promoted.
(2) Where, in the case of a person to whom subsection (1) applies, the period of service in another United Kingdom police force for which he engages is, with the consent mentioned in that subsection, extended or curtailed, paragraph (a) of that subsection shall have effect in relation to him as if, for the references to that period, there were substituted references, as the case requires, to the extended period or the curtailed period.
(3) A person to whom subsection (1) applies who is dismissed or required to resign as mentioned in paragraph (a) of that subsection shall, for the purposes of the Police (Discipline) Regulations, be deemed to have committed, as a member of the Royal Ulster Constabulary an offence against discipline, and may be dealt with under those Regulations accordingly; and for the purposes of this subsection a certificate that such a person has been so dismissed or required to resign, being a certificate given by or on behalf of the chief officer of the other United Kingdom police force in which he serves or the police authority maintaining that force shall be evidence of that fact.
(4) In this section "Police (Discipline) Regulations" means the rules, orders or regulations for the time being in force with respect to the discipline of the Royal Ulster Constabulary.
22. The Ministry shall pay to the Secretary of State contributions, of such amount as may be determined jointly by the Secretary of State and the Minister, towards the expenses incurred by the Police Council for the United Kingdom after that body has been established pursuant to section 4 (1) of the Police Act 1969 to include persons representing the interests of the Police Authority and the Royal Ulster Constabulary. Provisions consequential on R.U.C. participation in Police Council for the United Kingdom. c. 63.
23.(1) As from the appointed day traffic wardens shall be appointed by the Police Authority instead of by the Ministry and persons who are traffic wardens immediately before that day shall be deemed to have been appointed by the Police Authority. Appointment of traffic wardens by Police Authority.
(2) Accordingly, the following provisions of the Road Traffic Act (Northern Ireland) 1970 shall, as from the appointed day, have effect subject to the following modifications:-
(a) in section 102 (1) of the said Act for the words "employed for the purpose by the Ministry" there shall be substituted the words "appointed or deemed to have been appointed for the purpose by the Police Authority for Northern Ireland (in this Part referred to as the "Police Authority")" and for the word "authorised" there shall be substituted the words "appointed or deemed to have been so appointed";
(b) in section 103 of the said Act (employment of traffic wardens as parking attendants) for the words "the Ministry", wherever they occur, there shall be substituted the words "the Police Authority"; and
(c) in sections 105 and 106 for the words "the Ministry", wherever they occur there shall be substituted the words "the Police Authority".
(3) The terms and conditions of service of traffic wardens shall be such as may be determined by the Ministry with the concurrence of the Ministry of Finance.
24.The Inspector General may, at the request of any person, provide special police services subject to the payment by or on behalf of that person to the Police Authority of such charges or of charges on such scales as may be determined by the Authority with the approval of the Ministry. Provision of special services.
25.(1) Subject to the provisions of this section, the Ministry may make regulations as to the government, administration and conditions of service of members of the Royal Ulster Constabulary. Regulations for R.U.C.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to the following matters, that is to say:-
(a) the ranks to be held by members of the Royal Ulster Constabulary;
(b) the qualifications for appointment and promotion of members of the Constabulary;
(c) periods of service on probation;
(d) voluntary retirement of members of the Constabulary;
(e) the maintenance of discipline in the Constabulary;
(f) the suspension or dismissal of members of the Constabulary from membership of that force and from the office of constable;
(g) the maintenance of personal records of members of the Constabulary;
(h) the duties which are or are not to be performed by members of the Constabulary;
(i) the treatment as occasions of police duty of attendance at meetings of the Police Association;
(j) the hours of duty, leave, pay and allowances of members of the Constabulary;
(k) pensions and gratuities in respect of service as a constable and, subject to such conditions as may be specified in the regulations, the recognition for the purposes of such pensions and gratuities of service in the armed forces of the Crown; and
(l) the issue, use and return of police clothing, personal equipment and accoutrements.
(3) Regulations under subsection (2) (e) shall provide for the determination by the appropriate disciplinary authority of questions whether offences against discipline have been committed, for the punishment by that authority, by way of dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution, of any member of the Royal Ulster Constabulary who is found in the manner so provided to have committed any such offence and for appeals against any such determination or punishment; and for the purposes of this subsection the appropriate disciplinary authority shall, subject to subsection (4), be-
(a) in relation to a senior officer of the Royal Ulster Constabulary, the Police Authority;
(b) in relation to any other member of the Constabulary, the Inspector General or such other person as may be prescribed by regulations under subsection (2) (e).
(4) In any case in which the Inspector General is interested otherwise than in his capacity as such, or in which he is a material witness, the appropriate disciplinary authority under subsection (3) (b) shall be such other person or authority as may be prescribed by regulations made by the Ministry.
(5) Regulations under this section providing for any of the matters specified in paragraphs (j) and (k) of subsection (2) shall require the concurrence of the Ministry of Finance.
(6) Where regulations under subsection (2) (a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may amend or repeal Schedule 1 to the Constabulary Act (Northern Ireland) 1922 and may make consequential amendments to any other enactment (including this Act) containing references to ranks held by members of that Constabulary. Regulations for reserve constables.
(7) Regulations under this section which by virtue of subsection (6) contain any provision amending or repealing an Act of Parliament shall be subject to affirmative resolution.
26.(1) The Ministry may make regulations as to the government, administration and conditions of service of reserve constables.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to the following matters, that is to say:-
(a) the ranks to be held by reserve constables;
(b) the appointment and promotion of reserve constables;
(c) the retirement of reserve constables;
(d) the suspension or dismissal of reserve constables from their office;
(e) the remuneration and allowances of reserve constables; and
(f) the application to reserve constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to pensions payable to or in respect of members of the Royal Ulster Constabulary.
(3) Regulations under this section providing for any of the matters specified in paragraphs (e) and (f) of subsection (2) shall require the concurrence of the Ministry of Finance.
27. The Ministry may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations. Regulations as to standard of equipment.
28. Regulations made by the Ministry under this section may provide for the establishment, maintenance and operation of a Royal Ulster Constabulary Fund in lieu of the Royal Ulster Constabulary Reward Fund established under section 4 (5) of the Constabulary Act (Ireland) 1922 and for the payment into such first-mentioned Fund of fines imposed on members of the police force for disciplinary offences. RUC Fund
(2) Such regulations may provide for the transfer to the Fund established under the regulations of any moneys standing to the credit of the Royal Ulster Constabulary Reward Fund established under section 4 (5) of the Constabulary Act (Northern Ireland) 1922 and for the winding-up of that Fund.
29.(1) The Police Authority shall keep, in such form as the Ministry with the approval of the Ministry of Finance may direct, accounts of all moneys received and of all moneys paid out by them. Accounts of Police Authority.
(2) The accounts of the Police Authority shall be audited by the Comptroller and Auditor-General and the Authority shall submit to him periodical statements of account in such form, at such intervals and accompanied by such vouchers and other information as he may require and the Comptroller and Auditor-General may inspect such books of account and other relevant records kept by the Authority as he may consider necessary for the purposes of audit.
(3) The Police Authority shall prepare and transmit to the Ministry not later than the 30th June in the year 1971 and each subsequent year statements of account in respect of the financial year then last previously occurring in such form and containing such information as the Ministry with the approval of the Ministry of Finance may direct, and the Ministry shall, on or before the 31st July in that year, transmit those statements to the Comptroller and Auditor-General, who shall certify them and report on them to the Ministry and the Ministry shall cause copies of the statements so certified together with the reports of the Comptroller and Auditor-General thereon to be laid before each House of Parliament not later than the 30th November in that year.
30.(1) The Police Authority shall prepare and submit to the Ministry, at such times and in such form as the Ministry with the approval of the Ministry of Finance may direct, estimates of their receipts and payments during such periods as may be specified in the direction, and shall submit such other information relating to those estimates as the Ministry may require. Estimates of Police Authority's receipts and payments.
(2) The Ministry may approve an estimate submitted under subsection (1) either in whole or in part or subject to such modifications or conditions as the Ministry may think fit, and expenditure incurred in accordance with an estimate as so approved shall be approved expenditure for the purposes of section 31.
31.(1) The Ministry shall pay to the Police Authority at such times, in such manner and subject to such conditions as the Ministry with the approval of the Ministry of Finance may think fit, such sums as are necessary to defray approved expenditure not defrayed under subsection (2). Expenses and borrowing powers of the Police Authority.
(2) The Police Authority shall comply with such directions as the Ministry, with the approval of the Ministry of Finance, may give as to the application of moneys which the Authority receive otherwise than under subsection (1), and to the extent that any statutory provision or any such direction does not require the moneys to be applied in a particular manner or for a particular purpose the Authority shall apply those moneys in the defrayment of approved expenditure.
(3) The Police Authority may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which they may temporarily require for the purposes of defraying expenses pending the receipt of moneys receivable by the Authority:
Provided that-
(a) the total amount for the time being outstanding on foot of such borrowings does not exceed such sum as the Ministry may with the approval of the Ministry of Finance specify to the Authority in writing;
(b) all sums so borrowed shall be repaid before the expiration of the financial year in which such sums are borrowed.
(4) The Police Authority may, with the prior consent of the Ministry given with the approval of the Ministry of Finance, borrow or raise money, on such terms and subject to such conditions as those Ministries may approve, upon the security of any property or assets of the Authority for all or any of the following purposes-
(a) meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;
(b) redeeming any loan previously borrowed or raised under this section; or
(c) any other purpose for which capital moneys may properly be applied.
32. There may be defrayed out of moneys provided by Parliament any expenses incurred by the Ministry under or for the purposes of this Act (including payments by the Ministry under section 31). Expenses of the Ministry.
33.(1) The enactments set out in Schedule 3 shall have effect subject to the amendments specified therein, being minor amendments or amendments consequential on the provisions of this Act. Minor and consequential amendments and repeals.
(2) The enactments set out in Schedule 4 are hereby repealed to the extent mentioned in column 3 thereof so, however, that the repeal of any enactment relating to or affecting superannuation or other allowances shall not affect the future operation of that enactment as respects superannuation or allowances payable in respect of any service completed before the date on which the repeal takes effect.
34.(1) Orders and regulations made under the foregoing provisions of this Act (other than orders made under section 4 (3)) shall, except where otherwise expressly provided, be subject to negative resolution. Orders and regulations.
(2) Without prejudice to the operation of section 4 (4) and (5) of the Police Act 1969, the Ministry shall consult both the Police Authority and the Police Association before making any regulations under section 10 (4), 25, 26, 27 or 28. Interpretation.
35.In this Act- Short title and commencement.
"Advisory Board" has the meaning assigned to it by section 18 (1);
"another United Kingdom police force" has the meaning assigned to it by section 19 (1);
"appointed day", where it occurs in any provision of this Act, means the day appointed under section 36 (2) for the coming into operation of that provision;
"Minister" has the meaning assigned to it by section 6 (1); "Ministry" has the meaning assigned to it by section 2 (1); "Police Association" has the meaning assigned to it by
section 17 (1);
"Police Authority" has the meaning assigned to it by section 1(1);
"police force" means the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;
"senior officer", in relation to the Royal Ulster Constabulary, means an officer above the rank of county inspector;
"statutory provision" has the meaning assigned to it by section 1 (f) of the Interpretation Act (Northern Ireland) 1954.
36.(1) This Act may be cited as the Police Act (Northern Ireland) 1970.
(2) This section shall come into operation on the passing of this Act and the remaining provisions shall come into operation on such day or days as the Minister may by order appoint.
(3) An order under subsection (2) may make such transitional provision as appears to the Minister to be necessary or expedient in connection with the provisions thereby brought into force.


SCHEDULES
SCHEDULE 1
THE POLICE AUTHORITY
PART I
CONSTITUTION
1. The Police Authority shall consist of a Chairman, a Vice-Chairman and not less than fourteen nor more than twenty persons appointed by the Governor to be members of the Authority.
2.(1) The powers of appointment under paragraph 1 shall be so exercised as to secure that-
(a) as far as practicable the membership of the Police Authority is representative of the community in Northern Ireland; and
(b) as far as practicable the members appointed include persons representative of the interests of-
(i) local authorities and other public bodies (including universities and other institutions of higher education);
(ii) the legal profession;
(iii) trade unions;
(iv) agriculture, industry and commerce;
(v) voluntary organisations having as their principal object, or one of their principal objects, the welfare of children or young persons; and
(c) a person is appointed to represent the Ministry of Home Affairs.
(2) The Minister shall, in connection with the making of appointments under sub-paragraph (1) (b), consult such organisations and persons as appear to him to represent the respective interests mentioned in that sub-paragraph.
3. Subject to the following provisions of this Part, the term of office of the Chairman, the Vice-Chairman and the other members of the Police Authority shall be three years.
4. The Governor may appoint a person to fill a casual vacancy in the membership of the Police Authority and a person so appointed shall hold office for the residue of the term of the member in whose place he is so appointed.
5. A member of the Police Authority may resign his membership by letter or other notice in writing addressed, sent or given to the Governor.
6. If a member of the Police Authority becomes, in the opinion of the Governor, unfit to continue as a member or incapable of performing his duties, the Governor may terminate his membership.
7. On a member of the Police Authority-
(a) becoming bankrupt or making a composition with his creditors;
(b) being convicted of an indictable offence or any offence involving fraud or dishonesty;
(c) being detained in any place for more than seven days under any enactment relating to persons of unsound mind and in force in any part of the United Kingdom;
his membership shall thereupon be terminated.
8. A member of the Police Authority whose term expires by effluxion of time or who has resigned shall be eligible for re-appointment.
9. There shall be paid by the Ministry to the Chairman of the Police Authority such remuneration and other allowances (including allowances by way of superannuation) and to the Vice-Chairman and other members of the Authority such allowances as the Ministry with the approval of the Ministry of Finance may determine.

PART II
SUPPLEMENTARY PROVISIONS
10.(1) The quorum for a meeting of the Police Authority shall be eight.
(2) Every question at a meeting of the Authority shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote.
(3) If both the Chairman and Vice-Chairman are absent from a meeting of the Authority, the members present shall elect one of their number to preside at the meeting.
11. The Police Authority shall have power to act notwithstanding any vacancy in their numbers.
12. The common seal of the Police Authority shall, when applied to a document, be attested by the signatures of two members of the Authority and of the person for the time being acting as secretary to the Authority, or some person authorised by the Authority to act in his stead in that behalf.
13.(1) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Police Authority by any person generally or specially authorised by the Authority to act for that purpose.
(2) Before entering into contracts for the supply of goods or the execution of works the Police Authority shall comply with such requirements as the Ministry with the approval of the Ministry of Finance may direct.
(3) Any instrument made or executed by or on behalf of the Police Authority in respect of which the liability for payment of stamp duty would, but for this sub-paragraph, attach to the Authority shall be exempt from stamp duty.
14. Part II of the Local Government (Members and Officers) Act (Northern Ireland) 1964 shall apply to the Police Authority and their members and officers as if-
(a) the Police Authority were a body described in section 5 (1) of that Act as a body to which that Part applies;
(b) in subsection (4) of section 7 of that Act for the words from "by any local government elector" to the end of the subsection there were substituted the words "by any person";
(c) in subsection (5) of the said section 7 the reference to the town clerk of the county borough or the secretary of the county council were a reference to the Ministry of Home Affairs;
(d) subsections (6) and (7) of the said section 7 were omitted;
(e) for the purposes of sections 7, 9 and 10 of that Act the appropriate officer were the officer for the time being acting as the secretary of the Police Authority or such other officer, if any, of the Police Authority as the Ministry may specify; and
(f) in section 8 of that Act the references to the Ministry were references to the Ministry of Home Affairs.
15.(1) Subject to the provisions of this paragraph the Police Authority may constitute committees of such five or more of its members as the Authority may appoint and may delegate to a committee so constituted any of the functions of the Authority.
(2) Without prejudice to the generality of sub-paragraph (1) the Police Authority shall constitute a committee consisting of the Chairman of the Authority, or in his absence the Vice-Chairman, and four other members which the Minister shall, wherever practicable, consult in connection with the making of orders under the Public Order Act (Northern Ireland) 1951 prohibiting the holding of public processions or meetings, but nothing in this sub-paragraph shall affect the validity of any such order.
(3) The quorum for a meeting of the committee constituted under sub-paragraph (2) shall be three.
(4) Where a member of the committee constituted under subparagraph (2) is not, or is not likely to be, available during any period for consultation by the Minister, the Chairman of the Police Authority or in his absence the Vice-Chairman shall nominate another member of the Authority to act during that period as a member of that committee in the place of the first-mentioned member.
(5) The powers of any committee of the Police Authority shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to any directions given by the Authority.
16. No defect in the appointment of any person acting as a member of the Police Authority or of any committee thereof, shall vitiate any proceedings of the Authority or, as the case may be, of the committee in which he has taken part.
17. In the Part substituted by section 10 of and Schedule 3 to the House of Commons Disqualification Act 1957 for Part II of Schedule 1 c to that Act (which substituted Part lists bodies of which all members are disqualified for membership of the Senate or of the House of Commons of Northern Ireland) the following entry shall be inserted at the appropriate point in alphabetical order:- The Police Authority for Northern Ireland.




SCHEDULE 2
MODIFICATIONS OF SECTION 22 (2) OF AND SCHEDULE 2
TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1934
FOR THE PURPOSES OF SECTION 4
1. References to a vesting order made under section 22 of the Local c Government Act (Northern Ireland) 1934 or to the powers conferred by that section shall be construed as references, as the case may be, to a vesting order made under, or the powers conferred by, section 4.
2. References to the local authority shall be construed as references to the Police Authority.
3. References to the Ministry within the meaning of that Act shall be construed as references to the Ministry within the meaning of this Act.
4. References to the compensation fund shall be construed as references to the moneys out of which the expenditure of the Police Authority is to be defrayed under this Act.
5. In article 27 of that Schedule, the reference to the area of the local authority shall be construed as a reference to the locality where the land is situated.
6. In article 28 of that Schedule, for the definition of "land" there shall be substituted the definition contained in section 45 (1) (a) of the Interpretation Act (Northern Ireland) 1954. c
7. In that Schedule, "estate" shall have the meaning assigned to it by section 45 (2) of the Interpretation Act (Northern Ireland) 1954.


SCHEDULE 3

MINOR AND CONSEQUENTIAL AMENDMENTS OF ENACTMENTS

The Constabulary (Ireland) Act 1836 (6 & 7 Will. 4, c. 13).

The Constabulary (Ireland) Act 1839 (2 & 3 Vict., c. 75).


The Jury Laws Amendment Act (Northern Ireland) 1926 (16 & 17 Geo. 5, c. 15).

The Teachers (Superannuation) Act (Nor-them Ireland) 1950 (1950, c. 33).

The Interpretation Act (Northern Ireland) 1954 (1954, c. 33).










The Selective Employment Payments Act (Northern Ireland) 1966 (1966, c. 32).




The Road Traffic Act (Northern Ireland) 1970 (1970, c. 2).


The Public Order (Amendment) Act (Northern Ireland) 1970 (1970, c. 4).

In section 24 for the words "person to be appointed under this Act" there shall be substituted the word "constable".

In section 23 for the words "by the said lord lieutenant by warrant under his hand and seal" there shall be substituted the words "in writing under seal by the Police Authority for Northern Ireland".

In Schedule 3 for the words "Special con stables" there shall be substituted the words "Members of the Royal Ulster Constabulary Reserve".

At the end of section 12A (1) (e) there shall be added the words "or regulations made under section 25 of the Police Act (Nor them Ireland) 1970".

In section 43 (2)-
(a) in the definition of "constable" for the words "or the Ulster Special Constabulary" there shall be substituted the words "or the Royal Ulster Constabulary Reserve" and for the words "any officer, sergeant or other member of the Special Constabulary" there shall be substituted the words "any reserve constable";

(b) after the definition of "registered pharmacist" there shall be inserted the following definition:- ""reserve constable" means a person appointed a reserve constable under section 9 of the Police Act (Nor thern Ireland) 1970;".

At the end of section 4 (1) there shall be added the following paragraph:-
"(d) the Police Authority for Northern Ireland which for the purposes of this Act shall be treated as the employer of members of the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve."

In section 186 (2) for the words "and in connection with constables" there shall be substituted the words "the Police Authority for Northern Ireland".

In section 7 (1) (a) for the words "Ulster Special Constabulary" there shall be substituted the words "Royal Ulster Constabulary Reserve".

SCHEDULE 4

ENACTMENTS REPEALED

Session or Year
and Chapter
Short Title
Extent of Repeal
2 & 3 Will. 4, c. 108.


6 & 7 Will. 4, c. 13.





















14 & 15 Vict., c. 85.

4 & 5 Geo. 5, c. 61.

9 & 10 Geo. 5, c. 68.

The Special Constables (Ireland) Act 1832.

The Constabulary (Ireland) Act 1836.





















The Constabulary (Ireland) Act 1851.

The Special Constables Act 1914.

The Constabulary and Police (Ireland) Act 1919.

The whole Act.


In section 5, from the beginning to "office of such inspector general; and" and the word "such" where first occurring thereafter.

Section 6.
Section 9.
Section 14.
In section 15. the words "to be appointed under this Act".
In section 16, the words "appointed under this Act".
In section 17. the words "under this Act" and the words "receiver magistrate, paymaster, clerk,".
Sections 19, 21 and 22.
In section 23. the words "to serve the office of churchwarden, or con stable, or".
In section 24, the words "to be appointed under this Act" where they first occur.
Section 40.

The whole Act.

The whole Act.

Section 1.
Section 4.

Session or Year
and Chapter
Short Title
Extent of Repeal
12 & 13 Geo. 5, c. 5.


12 & 13 Geo. 5, c. 8.









14 & 15 Geo. 5, c. 17.


18 & 19 Geo. 5, c. 4.


24 & 25 Geo. 5, c. 22.


2 & 3 Geo. 6, c. 15.


1944, c. 9.


1949, c. 9.


1950, c. 3.


1954, c. 9.


1954, c. 33.





1963, c. 6.


1966, c. 32.


1968, c. 25.



1970, c. 2.

The Civil Authorities (Special Powers) Act (Northern Ireland) 1922

The Constabulary Act (Northern Ireland) 1922.








The Constabulary (Acquisition of Land) Act (Northern Ireland) 1924.

The Constabulary Act (Northern Ireland) 1928.

The Local Government Act (Northern Ireland) 1934.

The Civil Defence Act (Northern Ireland) 1939.

The Constabulary Act (Northern Ireland) 1944.

The Constabulary (Pensions) Act (Northern Ireland) 1949.

The Exchequer and Financial Provisions Act (Northern Ireland) 1950.

The Administration of Justice Act (Northern Ireland) 1954.

The Interpretation Act (Northern Ireland) 1954.




The Constabulary Act (Northern Ireland) 1963.

The Selective Employment Payments Act (Northern Ireland) 1966.

The Financial Provisions Act (Northern Ireland) 1968.


The Road Traffic Act (Northern Ireland) 1970.

Section 8.


In section 1 (2), the words from the beginning to "thereof and" and the words from "and shall be distributed" to the end.

Section 2.
Section 4 (1).
Section 7 (1) (d) and (g).
Section 8.
In Schedule 1, Part B.

The whole Act.


The whole Act.


In section 41 (1). the words "Section four of the Constabulary (Ire land) Act, 1851".

Section 56.


The whole Act.


The whole Act.


Section 32.


Section 17 (c).


In section 43 (2) in the definition of "member of the Royal Ulster Constabulary" the words "but shall not include an officer, sergeant or member of the Special Constabulary".

The whole Act.


In section 11(1), paragraph (e) in the definition of "excepted employment".

In Schedule 2, the entry relating to section 32 of the Exchequer and Financial Provisions Act (Northern Ireland) 1950.

Section 51(3).
Section 102 (2).


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