Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

PART 5 ICRIR officers

Employed ICRIR officers

16 The ICRIR is to determine—

(a) the number of employed ICRIR officers; and

(b) the terms of their employment.

Seconded ICRIR officers

17 (1) Seconded ICRIR officers are under the direction and control of the ICRIR in the same way as employed ICRIR officers.

(2) In the case of the secondment of a member of a police force to be a seconded ICRIR officer—

(a) arrangements for the secondment are to be made with the chief officer of that police force; and

(b) the arrangements must provide for the ICRIR to pay the policing body responsible for that police force the amount that is specified in, or determined in accordance with, the arrangements.

(3) If a seconded ICRIR officer is a constable in any police force, the powers and privileges which that person has by virtue of being a constable are not exercisable in Northern Ireland—

(a) from the time when the person becomes an ICRIR officer;

(b) but are revived if the person—

(i) ceases to be an ICRIR officer, and

(ii) returns to service as a constable.

(4) Sub-paragraph (3) ceases to apply to a person who resigns from, or otherwise ceases to hold, the office of constable.

(5) Service as a seconded ICRIR officer is—

(a) relevant service for the purposes of section 27 of the Police (Northern Ireland) Act 1998 (members of the PSNI engaged on other police service), if the person seconded is a member of the PSNI,

(b) relevant service for the purposes of section 97 of the Police Act 1996 (police officers engaged on service outside their force), if the person seconded is a member of a police force as defined in section 101 of that Act), and

(c) temporary service outwith the Police Service of Scotland under section 15(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8), if the person seconded is a constable in the Police Service of Scotland.

(6) If a member of the PSNI is a seconded ICRIR officer, the application of—

(a) section 35 of the Police (Northern Ireland) Act 1998, or

(b) any provision under the law of England and Wales or Scotland that has a corresponding effect,

to the person does not affect the person’s ability, as an ICRIR officer, to be a member of any trade union or association.

(7) In this paragraph—

• “chief officer” means—

  (a)

  the Chief Constable of the PSNI, in the case of the secondment of a member of the PSNI, or

  (b)

  the chief officer of a police force in Great Britain, in the case of the secondment of a member of the force;

• “police force” means—

  (a)

  the PSNI, or

  (b)

  a police force in Great Britain;

• “policing body responsible for” a police force means—

  (a)

  in the case of the PSNI, the Northern Ireland Policing Board;

  (b)

  in the case of a police force maintained under section 2 of the Police Act 1996, the Police and Crime Commissioner for the police area for which that force is maintained;

  (c)

  in the case of the metropolitan police force, the Mayor’s Office for Policing and Crime;

  (d)

  in the case of the City of London police force, the Common Council of the City of London as police authority for the City of London police area;

  (e)

  in the case of the Police Service of Scotland, the Scottish Police Authority;

  (f)

  in the case of the Ministry of Defence Police, the Secretary of State;

  (g)

  in the case of the British Transport Police, the British Transport Police Authority.

Persons holding public elected positions not to be ICRIR officers

18 (1) A person who holds a relevant office may not become an ICRIR officer.

(2) A person ceases to be an ICRIR officer if the person begins to hold a relevant office.

(3) For the meaning of references in this paragraph to holding a relevant office, see paragraph 9(3).

(4) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 9).

Rehabilitation of offenders

19 (1) The following Orders apply to ICRIR officers as they apply to constables—

(a) the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (S.R. 1979/195);

(b) the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023);

(c) the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 (S.S.I. 2013/50).

(2) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 8(8)).

Liability for unlawful conduct

20 (1) The ICRIR may, in such cases and to such extent as appear to the ICRIR to be appropriate, pay—

(a) any damages, or any costs or, in Scotland, expenses, awarded against an ICRIR officer in proceedings for any unlawful conduct of that ICRIR officer;

(b) any costs or, in Scotland, expenses incurred and not recovered by an ICRIR officer 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.

(2) The ICRIR may make arrangements for the legal representation of any ICRIR officer in any proceedings mentioned in sub-paragraph (1).

(3) The Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)), and any provision under the law of England and Wales or Scotland that has a corresponding effect, does not require insurance to be effected by the ICRIR.

(4) The ICRIR is liable for the unlawful conduct of a person which occurs when the person is acting, or purporting to act, as a seconded ICRIR officer in the same manner as an employer is liable in respect of unlawful conduct of employees in the course of their employment.

(5) If the unlawful conduct is a tort, the ICRIR is accordingly to be treated as a joint tortfeasor.

No limitation on trade union activity

21 (1) An ICRIR officer is not to be regarded as in police service for the purposes of—

(a) Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995;

(b) Article 243 of the Employment Rights (Northern Ireland) Order 1996;

(c) section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992; or

(d) section 200 of the Employment Rights Act 1996.

(2) This paragraph does not apply to the Commissioner for Investigations (instead see paragraph 15).

Meaning of “employed” and “seconded” ICRIR officer

22 In this Part—

• “employed ICRIR officer” means a person employed as an ICRIR officer under section 3(1);

• “seconded ICRIR officer” means a person seconded as an ICRIR officer under section 3(2).