Police Service of Northern Ireland Reserve (Part-Time) Regulations 2004

Prohibited business interests

7.—(1) If a member or a relative included in his family has a prohibited business interest within the meaning of regulation 2A of the Police (Recruitment) (Northern Ireland) Regulations 2001(1), the Chief Constable may give notice in writing to the member that the prohibited business interest is incompatible with that person remaining a member.

(2) The Chief Constable shall not give notice under paragraph (1) before the conclusion of any such procedure as may be established by the Chief Constable for the informal resolution of cases in which it appears to him that a member or a relative included in his family may have a prohibited business interest.

(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 member 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 member 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 member 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 member has been given notice under paragraph (1), and either –

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

(b) on such appeal, the Board has upheld that decision,

then the Chief Constable may dispense with the services of that member.

(7) A member whose services are dispensed with under this regulation shall be entitled to receive a month’s notice.

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

(1)

S.R. 2001 No. 140. Regulation 2A was inserted by the Police (Recruitment) (Northern Ireland) (Amendment) Regulations 2004 (S.R. 2004 No. 1). Other amendments have been made by S.R. 2002 No. 385 and S.R. 2003 No. 372