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Police (Northern Ireland) Order 1987

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This is the original version (as it was originally made).

PART IIIDISCIPLINE

Discipline regulations for reserve constables

20.—(1) In section 26(2) of the principal Act (regulations for reserve constables) after paragraph (c) there shall be inserted the following paragraph—

(cc)the maintenance of discipline of reserve constables;.

(2) In that section after subsection (2) there shall be inserted the following subsections—

(2A) Regulations under subsection (2)(cc) shall provide for the determination by the appropriate disciplinary authority of questions whether offences against discipline have been committed, for the punishment by that authority, by way of dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution, of any reserve constable who is found in the manner so provided to have committed any such offence and for appeals against any such determination or punishment; and for the purposes of this subsection the appropriate disciplinary authority shall, subject to Article 14 of the Police (Northern Ireland) Order 1987 and subsections (2B) and (2C), be the Chief Constable or such other person as may be prescribed by regulations under subsection (2)(cc).

(2B) In any case in which the Chief Constable is interested otherwise than in his capacity as such, or in which he is a material witness, the appropriate disciplinary authority under subsection (2A) shall be such other person or authority as may be prescribed by regulations made by the Secretary of State.

(2C) Without prejudice to subsection (2B) the regulations may provide—

(a)for enabling the Chief Constable, where the considers it appropriate to do so, to direct that his function under subsection (2A) of determining questions as to whether offences against discipline have been committed shall be discharged by the Chief Constable of another police force; and

(b)where such a direction is given, for the function mentioned in subsection (2A) relating to punishment to be discharged by the Chief Constable after considering any recommendation as to punishment made by the other Chief Constable..

Representation at disciplinary proceedings

21.  In section 17 of the principal Act (the Police Association)—

(a)in subsection (1) for the words from “promotion” to the end there shall be substituted the words “discipline affecting individuals, except as provided by subsection (1A), and promotion affecting individuals”;

(b)the following subsections shall be inserted after that subsection—

(1A) The Police Association may represent a member of the police force at any disciplinary proceedings or on an appeal from any such proceedings.

(1B) Except on an appeal to the Secretary of State or as provided by regulations under section 25(2)(e) or 26(2)(cc), a member of the police force may only be represented under subsection (1A) by another member of the police force..

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