Police Reserve Trainee Regulations (Northern Ireland) 2004

Prohibited business interests N.I.

4.— [F1 (1) The Chief Constable may give notice in writing to a police reserve trainee that a business interest is incompatible with him remaining a police reserve trainee if—

(a) the police reserve trainee—

(i) holds any office or employment for hire or gain (otherwise than as a police reserve trainee), or

(ii) carries on any business, or

(iii) holds, or possesses a pecuniary interest in, a relevant licence or permit,

which, if held, possessed or carried on after his appointment as a reserve constable, could reasonably be regarded as affecting his ability to discharge his duties as a reserve constable in accordance with the code of ethics; or

(b) a relative holds, or possesses a pecuniary interest in, a relevant licence or permit, and the holding of that licence or permit or the possession of that pecuniary interest after his appointment as a reserve constable could reasonably be regarded as affecting his ability to discharge his duties as a reserve constable in accordance with the code of ethics.]

(2) The Chief Constable shall not give notice under paragraph (1) before any such procedure as may be specified in standing orders under regulation 10 for the informal resolution of the case has been concluded.

(3) Within 10 days of receiving a notice given under paragraph (1), or within such longer period as the Board may in all the circumstances allow, the police reserve trainee concerned may appeal to the Board against the decision of the Chief Constable as set out in the notice by sending written 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) a notice setting out the reasons for his decision, and

(b) copies of any documents on which he relies in support of that decision,

and the Board shall send to the police reserve 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 reserve trainee has appealed to the Board under paragraph (3) the Board shall give him notice of its determination of the appeal within 28 days of –

(a) receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (4), or

(b) the expiration of the period afforded for making comments if none have by then been received.

(6) Where a police reserve trainee has been given notice under paragraph (1) and either –

(a) the police reserve trainee has not appealed against the decision set out in the notice under paragraph (3), or

(b) on such appeal, the Board has upheld the decision of the Chief Constable,

the Chief Constable may terminate the period of service of that police reserve trainee by giving him one week’s notice in writing.

[F2 (7) Any reference in this regulation to a relative, in relation to a police reserve trainee, means—

(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that police reserve trainee or the spouse or former spouse of that police reserve trainee, or

(b) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or the half blood or by affinity) of that police reserve trainee or of the spouse or former spouse of that police reserve trainee,

and includes, in relation to an police reserve trainee who is living or has lived with another person as husband and wife, any person who would fall within sub-paragraph (a) or (b) if the parties were married to each other.]

[F3 (8) The Chief Constable may give guidance to police reserve trainees and applicants for appointment as police reserve trainees in connection with business interests which—

(a) may make a person unsuitable for appointment as a police reserve trainee, and

(b) may be incompatible with a person remaining a police reserve trainee.

(9) The Chief Constable shall publish any guidance issued under paragraph (8).]

Textual Amendments

F1 Reg. 4(1) substituted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 4(2)

F2 Reg. 4(7) substituted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 4(3)

F3 Reg. 4(8)(9) inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 4(4)

Commencement Information

I1 Reg. 4 in operation at 8.2.2004, see reg. 1(2)