Police (Northern Ireland) Act 1998 (c. 32)

SCHEDULES

SCHEDULE 3 U.K. The Police Ombudsman for Northern Ireland

Extent Information

E1 For the extent of Sch. 3 see s. 76(1)(2).

Assistance by members of the police force N.I.

5 (1) The Ombudsman and the Chief Constable may enter into arrangements for members of the police force to be engaged for a period of temporary service with the Ombudsman. N.I.

(2) Arrangements under this paragraph shall provide for the payment by the Ombudsman to the [F1 Board] of such contribution as may be determined by or in accordance with the arrangements.

(3) In this paragraph and paragraph 6 “member of the police force” does not include the Chief Constable.

Textual Amendments

F1 Words in Sch. 3 para. 5(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(7)(a); S.R. 2001/396, art. 2, Sch.

6 (1) The Chief Constable may, on the application of the Ombudsman, provide members of the police force or other assistance for the purpose of enabling the Ombudsman to meet any special demand on his resources. N.I.

(2) If it appears to the [F2 Department of Justice]—

(a) that it is expedient that members of the police force or other assistance should be provided for the purpose of enabling the Ombudsman to meet any special demand on his resources; and

(b) that satisfactory arrangements under sub-paragraph (1) cannot be made, or cannot be made in time,

[F3 the Department of Justice] may direct the Chief Constable to provide such members of the police force or other assistance for that purpose as may be specified in the direction.

(3) Directions given under sub-paragraph (2) may be amended or revoked by the [F4 Department of Justice].

(4) Before giving, amending or revoking any directions under this paragraph, the [F4 Department of Justice] shall consult the Chief Constable and the Ombudsman.

Textual Amendments

F2 Words in Sch. 3 para. 6(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(6)(a)(i) (with arts. 28-31)

F3 Words in Sch. 3 para. 6(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(6)(a)(ii) (with arts. 28-31)

F4 Words in Sch. 3 para. 6(3)(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(6)(b) (with arts. 28-31)

7 (1) In this paragraph “relevant service” means— N.I.

(a) temporary service with the Ombudsman on which a member of the police force is engaged in accordance with arrangements under paragraph 5; and

(b) service by a member of the police force providing assistance to the Ombudsman under paragraph 6.

(2) A member of the police force on relevant service shall—

(a) notwithstanding [F5 section 33 of the Police (Northern Ireland) Act 2000], be under the direction and control of the Ombudsman; but

(b) have the same powers and privileges and be treated in all other respects as if he were not on relevant service.

(3) The Ombudsman shall be liable in respect of [F6 any unlawful conduct of] members of the police force on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of [F6 any unlawful conduct of] his servants in the course of their employment, and shall [F6 , in the case of a tort,] be treated for all purposes as a joint tortfeasor.

(4) 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 the police force in proceedings for [F7 any unlawful conduct of] that member while on relevant service;

(b) any costs incurred and not recovered by a member of the police force 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.

(5) The Ombudsman may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in sub-paragraph (4).

Textual Amendments

F5 Words in Sch. 3 para. 7(2)(a) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(7)(b); S.R. 2001/396, art. 2, Sch.

F6 Words in Sch. 3 para. 7(3) substituted (1.10.2002) by 2002 c. 30, s. 102(1)(2)(g); S.I. 2002/2306, art. 2(f)(xi)

F7 Words in Sch. 3 para. 7(4)(a) substituted (1.10.2002) by 2002 c. 30, s. 102(4)(5)(e); S.I. 2002/2306, art. 2(f)(xi)