Extent Information
E1For the extent of Sch. 3 see s. 76(1)(2).
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 [F1section 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 [F2any 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 [F2any unlawful conduct of] his servants in the course of their employment, and shall [F2, 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 [F3any 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
F1Words 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.
F2Words 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)
F3Words 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)