Part 2 N.I. Police powers

Designation of civilians N.I.

35 Liability for unlawful conduct N.I.

(1) For the purposes of determining liability for the unlawful conduct of members of the police support staff—

(a) a member of the police support staff must be treated as an employee of the Chief Constable in relation to conduct in reliance or purported reliance on a designation under section 30 [F1 or 30A] ;

(b) conduct by a member of the police support staff in reliance or purported reliance on a designation under section 30 [F1 or 30A] must be taken to be conduct in the course of that employment;

(c) in the case of a tort, the Chief Constable accordingly falls to be treated as a joint tortfeasor.

(2) For the purposes of determining liability for the unlawful conduct of employees of a contractor, conduct by such an employee in reliance or purported reliance on a designation under section 31 must be taken to be conduct in the course of his employment by the contractor; and, in the case of a tort, the contractor accordingly falls to be treated as a joint tortfeasor.

(3) In subsection (2) “contractor” means a person who has entered into a contract with the Board such as is mentioned in section 31(1).

Textual Amendments

F1 Words in s. 35(1)(a)(b) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(5)