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Police (Northern Ireland) Bill
May 2000



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Research: Fionnuala McKenna
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Recruitment arrangements.

42. -

(1) The Secretary of State shall by regulations prescribe the arrangements to be made, by the Chief Constable or a person appointed under section 41(1), for the recruitment of persons for appointment-

 

 

(a) as police service trainees;

 

 

(b) as police service reserve trainees; and

 

 

(c) under section 3(3) to posts in the police support staff.

 

 

(2) The regulations shall include provision for-

 

 

(a) the advertising of vacancies;

 

 

(b) the information to be provided by applicants;

 

 

(c) the tests to be undertaken by applicants;

 

 

(d) the vetting of applicants;

 

 

(e) the review, in prescribed circumstances, of decisions taken under the regulations;

 

 

(f) prescribed functions under the regulations to be exercised by persons who are, or include, persons who are not, and have not at any time been, members of-

 

 

(i) the police force;

 

 

(ii) the police support staff; or

 

 

(iii) the Board.

 

 

(3) In relation to the recruitment of persons for appointment as police service trainees, the regulations shall include provision for the selection of qualified applicants to form a pool of applicants for the purposes of section 43(1).

 

 

(4) In relation to the recruitment of persons for appointment under section 3(3) to relevant posts in the police support staff, the regulations shall include provision for the selection of qualified applicants to form a pool of applicants for the purposes of section 43(4).

 

 

(5) For the purposes of subsection (4) and section 43(4) a post in the police support staff is a relevant post if at the time the vacancy for that post is advertised it appears to the Chief Constable that it is one of at least 10 vacancies for posts in the police support staff which are-

 

 

(a) at the same level; and

 

 

(b) to be filled at or about the same time.

 

 

(6) In this section "prescribed" means prescribed by regulations under subsection (1).

     

 

 

Temporary provisions concerning composition of police force

Discrimination in appointments.

43. -

(1) In making appointments under section 37 on any occasion, the Chief Constable shall appoint from the pool of qualified applicants formed for that purpose by virtue of section 42(3) an even number of persons of whom-

 

 

(a) one half shall be persons who are treated as Roman Catholic; and

 

 

(b) one half shall be persons who are not so treated.

 

 

(2) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend subsection (1) in its application to the making of appointments under section 37 on any occasion specified in the order.

 

 

(3) The Secretary of State shall not make an order under subsection (2) in relation to the making of appointments under section 37 on any occasion unless he is satisfied that were those appointments to be made in compliance with subsection (1) (as originally enacted) the number of police service trainees which the Chief Constable requires to be appointed on that occasion could not be appointed.

 

 

(4) In making appointments to relevant posts in the police support staff under subsection (3) of section 3 on any occasion, the Chief Constable (acting by virtue of subsection (5) of that subsection) shall appoint from the pool of qualified applicants formed for that purpose by virtue of section 42(4) an even number of persons of whom-

 

 

(a) one half shall be persons who are treated as Roman Catholic; and

 

 

(b) one half shall be persons who are not so treated.

 

 

(5) In subsections (1) and (4) "treated as Roman Catholic" means treated by the Chief Constable in accordance with the Monitoring Regulations as belonging to the Roman Catholic community in Northern Ireland.

 

 

(6) In subsection (5) "the Monitoring Regulations" means the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 or any regulations replacing those regulations and for the time being in operation.

 

 

(7) In Part VIII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (exceptions) after Article 71 there shall be inserted-

       

 

   

"The police force and the police support staff

 

 

71A. - (1) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 43(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police service trainees).
 

 

 

(2) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 43(4) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff).
 

 

 

(3) The application of any requirement or condition to any person applying for appointment as a police service reserve trainee with a view to service in the police service reserve on a part-time basis where the requirement or condition is one that the person applying is resident in a particular area is not by virtue of Article 3(2) unlawful under any provision of Part III or V.
 

 

 

(4) In paragraph (3) "police service reserve trainee" has the same meaning as in the Police (Northern Ireland) Act 2000.".
 

 

 

(8) In Part VI of the Race Relations (Northern Ireland) Order 1997 (exceptions) after Article 40 there shall be inserted-
 

 

   


"The police service and the police staff

 

 

40A. - (1) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 43(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police service trainees).
 

 

 

(2) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 43(4) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff).".
 

     

Expiry, renewal and repeal of temporary provisions.

44. -

(1) In this section "the temporary provisions" means-

 

 

(a) Article 40A of the Race Relations (Northern Ireland) Order 1997;

 

 

(b) Article71A of the Fair Employment and Treatment (Northern Ireland) Order 1998;

 

 

(c) section 42(3) to (5); and

 

 

(d) section 43.

 

 

(2) The temporary provisions shall, subject to subsection (3), expire on the third anniversary of the commencement date.

 

 

(3) The Secretary of State may by order provide that all or any of the temporary provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding three years from the coming into operation of the order.

 

 

(4) In deciding whether and, if so, how to exercise his powers under subsection (3), the Secretary of State shall consult the Board and take into account any recommendations made to him by the Board.

 

 

(5) The temporary provisions shall by virtue of this subsection be repealed on the tenth anniversary of the commencement date.

 

 

(6) In this section "the commencement date" means the day appointed under section 71 for the coming into force of this section.

     

Severance arrangements.

45. -

(1) Regulations under section 25(2)(k) of the 1998 Act (pensions and gratuities in respect of service as a member of the police service) may make special provision in respect of persons ("eligible persons") who-

 

 

(a) cease to be members of the police service at any time within a period prescribed by the regulations; and

 

 

(b) comply with such conditions as may be so prescribed.

 

 

(2) The period prescribed under subsection (1)(a) may be a period commencing before the coming into force of this section.

 

 

(3) The special provision which may be made by such regulations includes provision modifying the Royal Ulster Constabulary Pensions Regulations 1988 in their application to eligible persons so as to-

 

 

(a) increase the amount of any pension or gratuity which would otherwise be payable to such persons under those Regulations;

 

 

(b) remove or relax any condition which would otherwise apply as to the entitlement of such persons to any pension or gratuity under those Regulations;

 

 

(c) alter the time at or from which any pension or gratuity would otherwise be payable to such persons under those Regulations;

 

 

(d) provide for the making of payments to such persons which would otherwise not be made under those Regulations.

 

 

(4) Section 62(3) of the Police Act 1996 (no regulations relating to pensions to be made under section 25 of the 1998 Act, except after consultation with the Police Negotiating Board for the United Kingdom) shall not apply in relation to regulations made by virtue of this section.
 

 

 

(5) In section 26(2)(g) of the 1998 Act (application to reserve constables of provision with respect to pensions made under section 25 of that Act)-

 

 

(a) after "pensions" insert "or gratuities";

 

 

(b) the reference to provision made under section 25 of the 1998 Act includes reference to provision made by virtue of this section.

     

 

 

General

Service by members of the police service reserve with other police services.

46. -

In section 27 of the 1998 Act (engagement on other police service) at the end there shall be added-

 

   

"(9) The preceding provisions of this section apply to a member of the police service reserve as they apply to a member of the police service, but with the substitution-

 

 

(a) for references to the police service of references to the police service reserve;

 

 

(b) for the references in subsection (3) to section 25 of references to section 26; and

 

 

(c) for the reference in subsection (5) to section 25(3) of a reference to section 26(3).".

     

Registration of associations.

47. -

(1) For the purposes of this section a member of the police force has a registrable association if he is for the time being a member of-

 

 

(a) the Ancient Order of Hibernians;

 

 

(b) the Apprentice Boys of Derry;

 

 

(c) the Independent Loyal Orange Institution;

 

 

(d) the Masonic Lodge;

 

 

(e) the Orange Order; or

 

 

(f) the Royal Black Preceptory.

 

 

(2) The Secretary of State may by order amend subsection (1) by-

 

 

(a) adding any organisation;

 

 

(b) removing any organisation; or

 

 

(c) amending a reference to any organisation.

 

 

(3) A member of the police force shall at the request of the Chief Constable inform him-

 

 

(a) of any registrable association which that member has; or

 

 

(b) if he has no registrable associations, of that fact.

 

 

(4) In making a request to any member of the police force under subsection (3) the Chief Constable shall-

 

 

(a) draw the attention of that member to the provisions of this section; and

 

 

(b) give a general explanation of the purposes for which the information requested may lawfully be used.

 

 

(5) Any person who in response to a request under subsection (3) provides any information which he knows to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

 

 

(6) The Chief Constable-

 

 

(a) shall, subject to paragraphs (b) and (c), retain information received under this section for so long as the person to whom it relates remains a member of the police force;

 

 

(b) shall amend that information where the member to whom it relates informs the Chief Constable that there has been a change in his registrable associations; and

 

 

(c) shall destroy the information within one month from the date on which the person to whom it relates ceases to be a member of the police force.

 

 

(7) No information received by the Chief Constable under this section shall be disclosed by a person to whom this subsection applies except-

 

 

(a) to the Ombudsman or an officer of the Ombudsman or to any other person in connection with the exercise of any function of the Ombudsman;

 

 

(b) as permitted by section 63 of the 1998 Act;

 

 

(c) in the case of information relating to a senior officer, to the Board in connection with the exercise of any of its functions;

 

 

(d) for the purposes of any criminal, civil or disciplinary proceedings;

 

 

(e) in the form of a summary or other general statement which does not identify any person to whom the information relates;

 

 

(f) to, or with the consent of, the person to whom the information relates; or

 

 

(g) to another person to whom this subsection applies.

 

 

(8) Subsection (7) applies to-

 

 

(a) the Chief Constable;

 

 

(b) any member of the police force engaged in carrying out on behalf of the Chief Constable his functions under this section;

 

 

(c) a member of the Board; and

 

 

(d) a member of the police support staff.

 

 

(9) Any person who discloses information in contravention of subsection (7) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

 

 

(10) It is a defence for a person charged with an offence under subsection (7) to show that, before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom that subsection applies.

 

 

(11) The annual report of the Chief Constable under section 54 shall contain-

 

 

(a) statistical information on the registrable associations of members of the police force of which he has been informed under this section; and

 

 

(b) an assessment of the extent to which members of the police force have complied with the duty under subsection (3).

 

 

(12) For the purposes of this section a person is a member of an organisation mentioned in subsection (1) if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution.

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