Royal Ulster Constabulary (Discipline and Disciplinary Appeals) (Amendment No. 2) Regulations 1996

Statutory Rules of Northern Ireland

1996 No. 343

POLICE

Royal Ulster Constabulary (Discipline and Disciplinary Appeals) (Amendment No. 2) Regulations 1996

Made

31st July 1996

To be laid before Parliament

Coming into operation

25th August 1996

The Secretary of State, in pursuance of sections 25 and 26 of the Police Act (Northern Ireland) 1970(1) and after consulting, in accordance with section 34(2) of that Act, the Police Authority and the Police Association, hereby makes the following regulations:—

Citation and commencement

1.  These regulations may be cited as the Royal Ulster Constabulary (Discipline and Disciplinary Appeals) (Amendment No. 2) Regulations 1996 and shall come into operation on 25th August 1996.

Amendment of the Royal Ulster Constabulary (Discipline and Disciplinary Appeals) Regulations 1988

2.  Paragraph 3 (disobedience to orders) of Schedule 1 to the Royal Ulster Constabulary (Discipline and Disciplinary Appeals) Regulations 1988(2) shall be amended by substituting for sub-paragraph (c) the following sub-paragraph—

“(c) fails to comply with any requirement of a code of practice for the time being in force and issued under Article 60 or 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989(3), made under section 52 or 53 of the Northern Ireland (Emergency Provisions) Act 1996(4) or having effect as if made under section 52 of that Act of 1996(5).”.

P. B. B. Mayhew

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

31st July 1996

Explanatory Note

(This note is not part of the Regulations.)

These regulations further amend the Royal Ulster Constabulary (Discipline and Disciplinary Appeals) Regulations 1988 to make clear that, in addition to the current requirements relating to codes of practice under the Police and Criminal Evidence (Northern Ireland) Order 1989, failure to comply with any requirement of a code of practice made under Article 60 of that Order, section 61 of the Northern Ireland (Emergency Provisions) Act 1991 or section 52 or 53 of the Northern Ireland (Emergency Provisions) Act 1996 constitutes an offence against discipline.

(1)

1970 c. 9 (N.I.) as amended by S.I. 1977/53 (N.I. 2) and S.I. 1987/938 (N.I. 10) and modified by S.I. 1973/2163

(2)

S.R. 1988 No. 10; relevant amendments were made by S.R. 1989 No. 471 and S.R. 1994 No. 291

(3)

S.I. 1989/1341 (N.I. 12)

(4)

1996 c. 22

(5)

Code I: Detention, treatment and questioning: Code II: Identification, made under section 61 of the Northern Ireland (Emergency Provisions) Act 1991 (c. 24)