Statutory Instruments
22nd July 1997
1.—(1) This Order may be cited as the Police (Health and Safety) (Northern Ireland) Order 1997.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appointF1.
F1fully exercised by SR 1998/235
2. The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
3. After Article 47 of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978 there shall be inserted the following Article—
47A.—(1) For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable shall be treated as an employee of the relevant officer.
(2) In this Article “the relevant officer”
(a)in relation to a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, means the Chief Constable of the Royal Ulster Constabulary;
(b)in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service; and
(c)in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.
(3) For the purposes of regulations under Article 4(4) the Police Association for Northern Ireland shall be treated as a recognised trade union recognised by the Chief Constable of the Royal Ulster Constabulary.
(4) Regulations under Article 4(4) may provide, in relation to persons falling within paragraph (2)(b) or (c), that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.”.
4. In Article 2(4) of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978 (meaning of work and at work) in sub-paragraph (b) the word “and” shall be omitted and after that sub-paragraph there shall be inserted the following sub-paragraph—
“(bb)a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise; and” .
5. In Chapter I of Part VI of the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996 (protection from suffering detriment in employment) after Article 72 there shall be inserted the following Article—
72A.—(1) For the purposes of Article 68, and of Articles 71 and 72 so far as relating to that Article, the holding, otherwise than under a contract of employment, of the office of constable shall be treated as employment by the relevant officer under a contract of employment.
(2) In this Article “the relevant officer”
(a)in relation to a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, means the Chief Constable of the Royal Ulster Constabulary; .
(b)in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service; and
(c)in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.”.
6. In Chapter III of Part XI of the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996 (right not to be unfairly dismissed) after Article 169 there shall be inserted the following Article—
169A.—(1) For the purposes of Article 132, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of Article 132, the holding, otherwise than under a contract of employment, of the office of constable shall be treated as employment by the relevant officer under a contract of employment.
(2) In this Article “the relevant officer”
(a)in relation to a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, means the Chief Constable of the Royal Ulster Constabulary;
(b)in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service; and
(c)in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.”.
7.—(1) There shall be paid out of the relevant fund—
(a)any damages or costs awarded against the responsible officer in any proceedings brought against him by virtue of Article 47A of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978 in respect of a breach of health and safety regulations and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings;
(b)any sum required in settlement of any claim made against the responsible officer by virtue of Article 47A of that Order in respect of an alleged breach of health and safety regulations, if the settlement is approved by the relevant authority;
(c)any compensation or costs awarded against the responsible officer in any proceedings brought against him—
(i)under Article 71 of the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996 by virtue of Article 72A of that Order; or
(ii)under Article 145 of that Order by virtue of Article 169A of that Order,
and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
(d)any sum required in settlement of any claim made against the responsible officer as mentioned in head (i) or (ii) of sub-paragraph (c), if the settlement is approved by the relevant authority.
(2) Any fine imposed on the responsible officer on conviction of an offence under Part II of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978 by virtue of Article 47A of that Order, any costs ordered to be paid by him on conviction of such an offence and any costs incurred by him in connection with proceedings for such an offence may, with the approval of the relevant authority, be paid out of the relevant fund.
(3) In this Article—
“health and safety regulations” has the same meaning as in Part II of the Health and Safety at Work (Northern Ireland) Order 1978;
“the relevant authority” means—
[F2(a)in relation to the Chief Constable, the Policing Board;]
F2(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in relation to any other responsible officer, the authority by whom the constables in question are paid;
“the relevant fund” means—
(a)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(aa)in relation to the Police, funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000; and]
F2(b)in relation to any other responsible officer, money provided by the relevant authority;
“the responsible officer” means—
[F2(a)in relation to the police, the Chief Constable;]
F2(b)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in relation to any other body of constables, the person who has the direction and control of the body of constables in question.
F3Art. 7(3): in the definition of "the relevant authority" para. (b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 110(a), Sch. 17 Pt. 2; S.I. 2006/378 {art. 4(1)}, Sch.
F4Art. 7(3): in the definition of "the relevant fund" para. (a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 110(b), Sch. 17 Pt. 2; S.I. 2006/378 {art. 4(1)}, Sch.
F5Art. 7(3): in the definition of "the responsible officer" sub - paragraph (b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 110(c), Sch. 17 Pt. 2; S.I. 2006/378 {art. 4(1)}, Sch.
8.—(1) In Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (interpretation) at the end of the definition of “employee” there shall be added “or who is treated by Article 47A as being an employee;”.
(2) In Article 243 of the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996 (which specifies provisions of the Order which do not apply to employment under a contract of employment in police service or to persons engaged in such employment) in paragraph (1)—
(a)for the words “Part VI (other than Article 69)” there shall be substituted “Article 70, Chapter II of Part VI”;
(b)after the words “Part XI” there shall be inserted “(except Articles 132 and 169A and the other provisions of that Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of Article 132)”.