Fair Employment (Northern Ireland) Act 1976 (repealed 1.3.1999)

53 Application of Act to the police. N.I.

(1) For the purposes of this Act [F1 and Part I of the Fair Employment (Northern Ireland) Act 1989] the holding of the office of constable shall be treated as employment—

(a) by the chief officer of police as respects any act done by him in relation to a constable or that office;

(b) by the police authority as respects any act done by them in relation to a constable or that office.

(2) There shall be defrayed as expenses of the police authority—

(a) any damages or costs awarded against a chief officer of police in any proceedings under this Act [F2 or Part I of the Fair Employment (Northern Ireland) Act 1989], any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and any costs incurred by him in connection with any investigation under [F3 that Part so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 1 to that Act]; and

(b) any sum required by a chief officer of police in connection with the settlement of any complaint made or action brought against him under this Act, if the settlement is approved by the police authority.

(3) Any proceedings under this Act [F4 or Part I of the Fair Employment (Northern Ireland) Act 1989] which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in subsections (2) and (4) to the chief officer of police shall be construed accordingly.

(4) The police authority may make arrangements for the legal representation of the chief officer of police in any . . . F5 proceedings under this Act [F6 or Part I of the Fair Employment (Northern Ireland) Act 1989].

(5) This section applies to a police cadet and appointment as a police cadet as it applies to a constable and the office of constable.

(6) In this section—

• “chief officer of police”—

(a) in relation to a person appointed, or an appointment falling to be made, to the police force or as a police cadet in relation to that force, means the Chief Constable of the Royal Ulster Constabulary,

(b) in relation to any other person or appointment means the officer who has the direction and control of the body of constables or cadets in question;

• “police authority”—

(a) in relation to a person appointed, or an appointment falling to be made, to the police force or as a police cadet in relation to that force, means the Police Authority for Northern Ireland,

(b) in relation to any other person or appointment, means the authority by whom the person in question is, or on appointment would be, paid;

• “police cadet” means any person appointed to undergo training with a view to becoming a constable;

• “police force” has the same meaning as in the M1 Police Act (Northern Ireland) 1970.

Textual Amendments

F1 Words inserted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), 60(2), Sch. 2 para. 17(2)

F2 Words inserted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), 60(2), Sch. 2 para. 17(3)(a)

F3 Words substituted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), 60(2), Sch. 2 para. 17(3)(b)

F4 Words inserted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), 60(2), Sch. 2 para. 17(4)

F5 Words repealed (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1)(2), 60(2), Sch. 2 para. 17(5)(a), Sch. 3

F6 Words inserted (1.1.1990 but not so as to apply for the purposes of any complaint or act to which s. 50(2) of the Fair Employment (Northern Ireland) Act 1989 applies: S.I. 1989/1928, art. 2(4) ) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), ss. 59(1), 60(2), Sch. 2 para. 17(5)(b)

Marginal Citations

M1 1970 c. 9 (N.I.)