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Police Trainee Regulations (Northern Ireland) 2001

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Business interests incompatible with service as police trainee

10.—(1) If a police trainee or a relative included in his family proposes to have, or has, a business interest within the meaning of regulation 7 of the principal regulations, the police trainee shall forthwith give notice of that interest to the Chief Constable, unless that business interest was disclosed at the time of his appointment as a police trainee.

(2) On receipt of a notice given under paragraph (1), the Chief Constable shall determine whether or not the interest in question is compatible with the police trainee concerned remaining a police trainee and, within 28 days of the receipt of the notice, shall give notice of his decision to the police trainee.

(3) Within 10 days of being notified of the Chief Constable’s decision as aforesaid, or within such longer period as the Board may in all the circumstances allow, the police trainee concerned may appeal to the Board against that decision by sending notice of his appeal to the Board.

(4) On receipt of a notice given under paragraph (3) the Board shall require the Chief Constable to submit to it, within the next following 10 days, a notice setting out the reasons for his decision and copies of any documents on which he relies in support of that decision, and the Board shall send to the police trainee concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.

(5) Where a police trainee has appealed to the Board under paragraph (3) the Board shall, within 28 days of receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (4) or of the expiration of the period afforded for making comments if none have by then been received, give him written notice of its determination of the appeal but where it has upheld the decision of the Chief Constable and within 10 days of being so notified or within such longer period as the Board may in all the circumstances allow, the police trainee makes written request to the Board for the reference of the matter to the Secretary of State, the matter shall be so referred and, unless and until the determination of the Board is confirmed by the Secretary of State, it shall be of no effect and, in particular, no action in pursuance thereof shall be taken under paragraph (6).

(6) Where a police trainee or a relative included in his family, has a business interest within the meaning of regulation 7 of the principal regulations which the Chief Constable has determined under paragraph (2) to be incompatible with his remaining a police trainee and either the police trainee has not appealed against that decision under paragraph (3) or, subject to paragraph (5), on such appeal, the Board has upheld that decision, then the Chief Constable may, subject to the approval of the Board, terminate the period of service of that police trainee by giving him one week’s notice; and before giving such approval the Board shall give the police trainee concerned an opportunity to make representations and shall consider any representations so made.

(7) If a police trainee or a relative included in his family has a business interest within the meaning of regulation 7 of the principal regulations and, on that interest being notified or disclosed as mentioned in paragraph (1), the Chief Constable has by notice required the police trainee to furnish particulars of such changes in that interest, as respects its nature, extent or otherwise, as may be mentioned in the notice then, in the event of any such change in that interest being proposed or occurring, this regulation shall have effect as though the changed interest were a newly proposed or newly acquired, interest which has not been notified or disclosed as aforesaid.

(8) A reference in this regulation to a relative included in a police trainee’s family shall include a reference to his spouse, parent, son, daughter, brother or sister.

(9) At any time before the commencement of section 2 of the Police (Northern Ireland) Act 2000(1) any reference in this regulation to the Board shall be construed as if it were a reference to the Police Authority for Northern Ireland.

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