Part 1

Policing

Police functions and service

Protected disclosures by police officers
26
1
After Article 67K of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.16)) insert—

Application of Part VA and related provisions to police
67KA
1
Paragraph (2) applies for the purposes of—
a
this Part,
b
Article 70B and Articles 71 and 72 so far as relating to that Article, and
c
Article 134A and the other provisions of Part XI so far as they relate to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of Article 134A.
2
A person who holds, otherwise than under a contract of employment, the office of constable shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly.
3
In this Article “the relevant officer”—
a
in relation to a police officer, means the Chief Constable;
b
in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the NationalCriminal Intelligence Service; and
c
in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.
2
In Article 243(1) of that Order (provisions which do not apply to persons engaged in police service under a contract of employment)—
a
omit the words “Part VA,”;
b
after “Articles 132” insert “ , 134A ”;
c
after “Article 132” insert “ or 134A ”
3
Article 16 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17))
(exclusion of police service from provisions about protected disclosures) shall cease to have effect.
4
Subsections (1) to (3) come into force in accordance with provision made by the Secretary of State by order.
S. 26 partly in force; s. 26(4) in force at Royal Assent, see s. 26(4)
S. 26(1)-(3) in force at 15.12.2004 by S.R. 2004/501, art. 2