The Police Service of Northern Ireland (Secondment) (Garda Síochána) Regulations 2004

Explanatory Note

(This note is not part of the Regulations.)

These regulations make provision about secondments between the Police Service of Northern Ireland and An Garda Síochána.

Section 36A of the Police (Northern Ireland) Act 2000 (inserted by section 24 of the Police (Northern Ireland) Act 2003) permits fixed term appointments to be made to the Police Service of Northern Ireland. Part II of these regulations makes provision about the terms on which such appointments may be made in relation to persons seconded from An Garda Síochána (“Garda officers on secondment to the PSNI”).

Regulation 3 makes provision about the efficiency and effectiveness of Garda officers on secondment to the PSNI.

Regulation 4 states that the secondment of Garda officers to the PSNI is subject to protocols signed under Article 3 of the Agreement of 29th April 2002 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on police co-operation.

Regulation 5 prohibits Garda officers on secondment to the PSNI being promoted within the Police Service of Northern Ireland.

Regulation 6 removes a requirement for Garda officers on secondment to the PSNI to join the Police Association of Northern Ireland.

Regulations 7, 11 and 12 and Schedule 1 provide for regulations about the conditions of service of members of the PSNI to be modified in relation to Garda officers on secondment to the PSNI. In particular, provisions about pay and pensions do not apply to officers on secondment, as An Garda Síochána continues to be responsible for such matters.

Regulations 8 to 10 and Schedule 2 provide for regulations about the conduct of members of the PSNI to be modified in relation to Garda officers on secondment to the PSNI. In particular, the power to impose a sanction in disciplinary proceedings does not apply to officers on secondment, as it is for An Garda Síochána to make decisions as to sanctions.

Part III of these regulations makes provision about disciplinary proceedings against a member of the Police Service of Northern Ireland who has been seconded to An Garda Síochána. The regulations require a member to co-operate with any investigation into his conduct by An Garda Síochána. Where such an investigation leads to a hearing at which his conduct is found to be a breach of the discipline of that police force, the regulations modify the Royal Ulster Constabulary (Conduct) Regulations 2000 to provide for a hearing by the Police Service of Northern Ireland into the question of imposing a sanction.