Police (Unsatisfactory Performance and Attendance) Regulations (Northern Ireland) 2010

PART 1 GENERAL

Citation and commencement

1.  These regulations may be cited as the Police (Unsatisfactory Performance and Attendance) Regulations (Northern Ireland) 2010 and shall come into operation on 24th March 2010.

Revocation and transitional arrangements

2.—(1) Subject to paragraph (2), the Police Service of Northern Ireland (Unsatisfactory Performance and Attendance) Regulations 2007(1) are revoked.

(2) Any action commenced under the Police Service of Northern Ireland (Unsatisfactory Performance and Attendance) Regulations 2007 shall continue to be actioned under these regulations.

Interpretation

3.—(1) In these regulations—

“assistant chief constable” means a member of that rank who is required by the Chief Constable to exercise any function of the assistant chief constable specified in these regulations in relation to the member concerned and shall include a member acting in place of the assistant chief constable;

“countersigning officer” means—

(a)

a member of a rank not lower than that of inspector who has supervisory responsibility for, and is at least one rank above that of, the member concerned, or

(b)

a person employed under section 4 of the Police (Northern Ireland) Act 2000(2) (“the 2000 Act”) who has supervisory responsibility for the reporting officer;

“deputy chief constable” means a member of that rank who is required by the Chief Constable to exercise any function of the deputy chief constable specified in these regulations in relation to the member concerned and shall include a member acting in place of the deputy chief constable;

“first interview” means an interview arranged under regulation 6;

“human resources manager” means a person employed under section 4 of the 2000 Act or a member who, in either case, has responsibility for personnel matters relating to members;

“interviewing officer” means the member who conducts an interview arranged under regulation 6;

“member” means a member of the Police Service of Northern Ireland; or a member of the Police Service of Northern Ireland Reserve appointed on a full-time basis;

“member concerned” means a member to whom these regulations apply and in respect of whom proceedings under these regulations are, or are proposed to be, taken;

“police appeals tribunal” means the person or persons appointed under regulation 8(1) or (3) of the Royal Ulster Constabulary (Appeals) Regulations 2000(3);

“police force” means the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve, a police force within the meaning of the Police Act 1996(4) or a police force within the meaning of the Police (Scotland) Act 1967(5);

“police officer” means a member of a police force;

“police service” means the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

“reporting officer” means the member of a rank not lower than that of a sergeant or a person employed under section 4 of the 2000 Act who in either case has the immediate supervisory responsibility for the member concerned;

“second interview” means an interview arranged under regulation 10;

“senior officer” means an officer of the rank of chief constable, deputy chief constable or assistant chief constable;

“staff association” means a police officer representative body;

“unsatisfactory attendance” means a level of absence which the Chief Constable has determined is unacceptable or unsustainable;

“unsatisfactory performance” means failure to carry out the role of a police officer to the agreed standard;

“unsatisfactory performance or attendance hearing” means a hearing arranged under regulation 14.

(2) In these regulations—

(a) “unsatisfactory performance or attendance” may be construed as a reference to either unsatisfactory performance or unsatisfactory attendance or both;

(b) “performance or attendance” may be construed as a reference to performance or attendance or both.

Application

4.  These regulations shall not apply to—

(a) senior officers; or

(b) members of the rank of constable who have not yet completed their period of probation.

(1)

S.R. 2007 No.130.

(2)

2000 c.32. Section 4 is amended by Article 9(2) of the Policing (Miscellaneous Provisions)(Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6))

(3)

S.R. 2000 No. 317. Regulation 8(1) was amended by S.R. 2003 No. 399.

(4)

1996 c. 16.

(5)

1967 c. 77.