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Police (Northern Ireland) Act 1998

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26 Regulations for RUC Reserve.N.I.

(1)The Secretary of State may make regulations as to the government, administration and conditions of service of reserve constables.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a)the ranks to be held by reserve constables;

(b)the appointment and promotion of reserve constables;

(c)the retirement of reserve constables;

(d)the conduct, efficiency and effectiveness of reserve constables and the maintenance of discipline;

(e)the suspension or dismissal of reserve constables from their office;

(f)the remuneration and allowances of reserve constables; and

(g)the application to reserve constables, subject to such modifications as may be prescribed by the regulations, of any provision made under section 25 or any other statutory provision with respect to pensions [F1or gratuities] payable to or in respect of members of [F2the Police Service of Northern Ireland].

(3)Without prejudice to the powers conferred by this section, regulations under this section shall establish, or make provision for the establishment of, procedures for cases in which a reserve constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.

(4)Without prejudice to the powers conferred by this section, regulations under this section shall provide for appeals to an appeals tribunal by reserve constables who are dismissed, required to resign or reduced in rank—

(a)in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

(b)in a case where there is a right of appeal to another person, by a decision of that person.

(5)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the [F3Board], the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6)The Secretary of State shall consult both the [F3Board] and the Police Association before making any regulations under this section.

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Amendments (Textual)

F1Words in s. 26(2)(g) inserted (23.11.2000) by 2000 c. 32, ss. 49(5)(a), 79(2)(a) (with Sch. 7 para. 2)

Modifications etc. (not altering text)

C1S. 26 restricted (4.11.2001) by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 5 para. 1(4); S.R. 2001/396, art. 2, Sch.)

C2S. 29(2)(g) amended (23.11.2000) by 2000 c. 32, ss. 49(5)(b), 79(2)(a) (with Sch. 7 para. 2)

Commencement Information

I1S. 26 partly in force; s. 26 not in force at Royal Assent see s. 75(1), s. 26(1)-(3)(5)(6) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4)

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