The Police Service of Northern Ireland (Secondment) (Garda Síochána) Regulations 2004

Regulation 7

SCHEDULE 1 MODIFICATIONS OF THE 1996 REGULATIONS FOR MEMBERS SECONDED FROM THE GARDA SÍOCHÁNA

The following provisions of the 1996 regulations shall apply in relation to a member seconded from the Garda Síochána, namely –

(a) regulations 1(1) and (2) (citation and interpretation);

(b) regulation 4 (ranks);

(c) regulation 5(1) to (2) and (4) to (6) (part-time appointments), and Schedule 1 (as modified by the omission of any reference to a provision of the 1996 regulations which, by virtue of this Schedule, does not apply to a member seconded from the Garda Síochána);

(d) regulation 6 and Schedule 2 (restrictions on the private life of members);

(e) regulation 7(1) to (9) (business interests incompatible with membership of the force);

(f) regulation 8(1) (business interests precluding appointment to the force);

(g) regulation 15 (contents of personal records), with the following paragraph substituted for paragraph (2) –

“(2) The personal record shall contain such particulars as may be specified by the Chief Constable.”;

(h) regulation 17 as substituted by the following regulation –

“Retention and destruction of personal record at end of secondment

17.   Where a member ceases to be a member, his personal record shall be kept for such time as the Chief Constable may think fit and shall then be destroyed.”;

(i) regulation 18 (fingerprints) with the omission in paragraph (3) (destruction or transfer) of the words from “except” to the end;

(j) regulation 19 (duty to carry out lawful orders);

(k) regulation 20 (normal daily period of duty), with the omission in paragraph (3)(b) of the words “subject to paragraph 4 of Schedule 4”;

(l) regulation 21 (meaning of “day” in Part III);

(m) regulation 22 and Schedule 3 (variable shift arrangements), as modified by –

(i) the substitution of –

• “for hours of duty equivalent to those resulting from the application of regulations 20(2) and 25(2) to other members seconded from the Garda Síochána”

in regulation 22(3) for the words from the beginning of sub-paragraph (a) to “to other members”,

(ii) the substitution of “and paragraph 2” for “paragraph 2 and paragraph 3” in regulation 22(5), and

(iii) the omission of paragraphs 3, 6, 7 and 10 of Schedule 3;

(n) regulation 23 (rostering of duties);

(o) regulation 25 (public holidays and rest days for ranks below inspector) with the omission of –

(i) in paragraph (2), the words “be allowed a day’s leave on each public holiday and”,

(ii) paragraphs (3) to (8),

(iii) in paragraph (9), sub-paragraphs (a) to (d), (f) and (g), and

(iv) paragraph (10);

(p) regulation 26 (public holidays and rest days for inspectors and chief inspectors) with the omission of –

(i) in paragraph (2), the words “be allowed a day’s leave on each public holiday and”, and

(ii) paragraph (3);

(q) regulation 27 (public holidays and monthly leave days for ranks above chief inspector) with the omission of –

(i) in paragraph (2), the words “be allowed a day’s leave on each public holiday and”, and

(ii) paragraphs (3) and (4);

(r) regulation 28 (travelling time treated as duty) with the omission of –

(i) paragraph (1)(a)(ii),

(ii) in paragraph (2) the words “on a public holiday or”, and

(iii) in paragraph (3) the words “any period of overtime for the purposes of regulation 24 or”;

(s) regulation 29 (Police Association meetings treated as duty);

(t) regulation 30, as substituted by the following regulation –

“Annual leave

30.   Where a member seconded from the Garda Síochána is, under the terms of any protocols relating to secondments to the Police Service of Northern Ireland signed under Article 3 of the Agreement of 29th April 2002 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on police co-operation, entitled to days of annual leave –

(a) the days may be taken, at the discretion of the Chief Constable and subject to the exigencies of duty, as a single period, or as single days, or in periods of more than one day, or as half days;

(b) in the case of a member below the rank of superintendent, not more than three days shall be taken as half days; and

(c) in the case of a member below the rank of superintendent, where days of annual leave are taken as half days, he –

(i) shall do duty on that day for four hours, and

(ii) shall not be entitled to be allowed an interval for refreshment such as is mentioned in regulation 20(3).”.

(u) regulations 47, 48, 53, 58, 59 and 61 and paragraphs 2 and 3 of Schedule 7 (allowances);

(v) regulation 56 (allowance in respect of medical charges), with the insertion after paragraph (3) of –

“(4) Where any provision mentioned in paragraph (1) enables a charge to be made in Northern Ireland for an item or service of any description, and a member, by reason of an injury such as is mentioned in that paragraph, incurs a charge in the Republic of Ireland for an item or service of that description, he shall be reimbursed so much of the charge as does not exceed the amount that would, were the charge incurred in Northern Ireland, be reimbursed under that paragraph.”; and

(w) Part VI (uniform and equipment).