The Sex Discrimination Act 1975 (Amendment) Regulations 2003

Police

2.—(1) Section 17 of the Act(1) is amended as follows.

(2) In paragraph (b) of subsection (1), for the word “them” substitute “it”.

(3) After subsection (1) insert—

“(1A) For the purposes of section 41—

(a) the holding of the office of constable shall be treated as employment by the chief officer of police (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.”

(4) After subsection (5) insert—

“(5A) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

(a) any compensation, costs or expenses awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;

(b) any costs or expenses incurred and not recovered by such a person 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.”

(5) In subsection (6), after the words “Subsections (1)”, insert “, (1A)”.

(6) At the beginning of subsection (7) insert the words “Subject to subsection (9),”.

(7) In subsection (7), in the definition of “chief officer of police” in paragraph (b), after the words “the officer” insert “or other person”.

(8) In subsection (7), in the definition of “police authority”, after paragraph (a) insert—

“(aa) in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997(2), means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,”.

(9) After subsection (8) insert—

“(9) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer for the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.”

(1)

Section 17 was amended by the Police Act 1996 (c. 16), Schedule 7, paragraph 27 and the Police Act 1997 (c. 50), Schedule 9, paragraph 31.

(2)

1997 c. 50.