Police Service of Northern Ireland Regulations 2005

Business interests incompatible with membership of the police service

7.—(1) If a member proposes to have, or has, a business interest within the meaning of this regulation, the member shall forthwith give written notice of that interest to the Chief Constable unless that business interest was disclosed at or before the time of his appointment as a member.

(2) If a member is or becomes aware that a relative proposes to have, or has, a business interest within the meaning of this regulation which in the opinion of that member interferes, or could be seen as interfering with, the impartial discharge of his duties, then that member shall forthwith give written notice of that interest to the Chief Constable unless that business interest was disclosed at the time of his appointment as a member.

(3) In a case where it appears to the Board that—

(a) the member has adduced substantive reasons why he or a relative should be permitted to have the business interest in question and those reasons have not been considered by the Chief Constable, or

(b) in reaching his determination under paragraph (4) the Chief Constable failed to apply fair procedures, then the Board may refer the matter back to the Chief Constable for redetermination under paragraph (4).

(4) On receipt of a notice given under paragraphs (1), (2) or a referral given under paragraph (3) the Chief Constable shall determine whether or not the interest in question is compatible with the member concerned remaining a member and, within 28 days of the receipt of that notice, or, as the case may be, that referral, shall notify the member in writing of his decision.

(5) Within 10 days of being notified of the Chief Constable’s decision as aforesaid, or within such longer period as the Board may in all the circumstances allow, the member concerned may appeal to the Board against that decision by sending written notice of his appeal to the Board.

(6) Upon receipt of such notice, the Board shall forthwith require the Chief Constable to submit to it, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision; and the Board shall send to the member concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.

(7) Where a member has appealed to the Board under paragraph (5) the Board shall, subject to paragraph (3), within 28 days of receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (6), or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of their determination of the appeal.

(8) Where, on an appeal by a member under paragraph (5)—

(a) the Board gives notice to the member of its determination to uphold the decision of the Chief Constable, and

(b) within 10 days of being so notified, or within such longer period as the Board may in all the circumstances allow, the member makes written request to the Board for the reference of the matter to the Secretary of State,

the matter shall be so referred and, unless and until the determination of the Board is confirmed by the Secretary of State, it shall be of no effect and in particular, no action in pursuance thereof shall be taken under paragraph (9).

(9) Where a member, or a relative, has a business interest within the meaning of this regulation which the Chief Constable has determined, under paragraph (4), to be incompatible with his remaining a member and either the member has not appealed against that decision under paragraph (5) or, subject to paragraph (8), on such appeal, the Board has upheld that decision, then, the Chief Constable may, subject to the approval of the Board dispense with the services of that member; and before giving such approval, the Board shall give the member concerned an opportunity to make representations and shall consider any representations so made.

(10) For the purposes of this regulation, regulation 8 and regulation 9 “relative”, in relation to a member means—

(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that member or that member’s spouse or former spouse, or

(b) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or the half blood or by affinity) of that member or of that member’s spouse or former spouse

and includes, in relation to a member who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other.