Police (Northern Ireland) Act 1998

Assistance by members of a police force in Great Britain E+W+S+N.I.

8 (1) The Ombudsman may enter into arrangements with the chief officer of a police force in Great Britain for members of that police force to be engaged for a period of temporary service with the Ombudsman. E+W+S+N.I.

(2) Arrangements under this paragraph with the chief officer of a police force in Great Britain shall provide for the payment by the Ombudsman to the police authority maintaining that police force of such contribution as may be determined by or in accordance with the arrangements.

(3) In the following provisions of this paragraph “relevant service” means temporary service with the Ombudsman on which a member of a police force in Great Britain is engaged in accordance with arrangements under this paragraph.

(4) Notwithstanding anything in any other statutory provision, a member of a police force in Great Britain shall, while engaged on relevant service—

(a) be under the direction and control of the Ombudsman; and

(b) have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters;

and subsection (3) of [F1 section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this sub-paragraph as it applies for the purposes of subsection (2) of that section.

(5) The Ombudsman shall be liable in respect of torts committed by members of a police force in Great Britain on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

(6) The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay—

(a) any damages or costs awarded against a member of a police force in Great Britain in proceedings for a tort committed by that member while on relevant service;

(b) any costs incurred and not recovered by such a member in such proceedings; and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(7) The Ombudsman may make arrangements for the legal representation of any member of the police force in Great Britain in any proceedings mentioned in sub-paragraph (6).

(8) In the application of this paragraph to England and Wales, any expression used in this paragraph and in the M1 Police Act 1996 has the same meaning in this paragraph as in that Act.

(9) In the application of this paragraph to Scotland, any expression used in this paragraph and in the M2 Police (Scotland) Act 1967 has the same meaning in this paragraph as in that Act.

Annotations:

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Extent Information

E1 For extent of para. 8 see s. 76(2).

Amendments (Textual)

F1 Words in Sch. 3 para. 8(4) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(7)(c); S.R. 2001/396, art. 2, Sch.

Marginal Citations

M1 1996 c. 16.

M2 1967 c. 77.