Disability Discrimination Act 1995

[F1 64A Police E+W+S

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1 This section extended to England, Wales and Scotland only; a separate s. 64A exists for Northern Ireland only.

Textual Amendments

F1 S. 64A inserted (E.W.S.) (3.7.2003 for certain purposes, otherwise1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 25

F2 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F3 64A Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve N.I.

(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 section 58 –

(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 F4 –

(a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II [F5 or III], 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 Part II [F5 or III] 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 Part II [F5 or III] 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 subsection (4).

(6) This section –

(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 F6 or [F7 section 23 or 24 of the Serious Organised Crime and Police Act 2005] 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 F8 is under the direction and control of the Police Ombudsman for Northern Ireland as if –

(i) in subsection (1) the reference to the Chief Constable included a reference to the Ombudsman;

(ii) in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman.]

Extent Information

E2 This section extends to Northern Ireland only; a separate s. 64A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F3 S. 64A, 64B inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 25

F4 2000 c. 32

F5 Words in s. 64A(3)(4) inserted (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 6; S.R. 2007/466, art. 2(2)(c)

F6 1996 c. 16

F7 Words in s. 64A(6)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178(8), Sch. 4 para. 66; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F8 1998 c. 32