Constabulary (Ireland) Act 1866

Preliminary

1 Interpretation of Terms.

The following Terms in this Act have the Meanings hereinafter assigned to them; (that is to say,)

• " Lord Lieutenant " means the Lord Lieutenant or other Chief Governor or Governors of Ireland :

• " Members of the Constabulary Force " means Inspector General, Deputy Inspector General, Assistant Inspectors General, Commandant of the Depot, Surgeon, and every County Inspector, Sub-Inspector, Barrack Master of the Depot, Head Constable, Constable, Acting Constable, and Sub-Constable of Constabulary in Ireland:

• " Head and other Constables " means every Head Constable, Constable, Acting Constable, and Sub-Constable of Constabulary in Ireland.

2 Power to Lord Lieutenant to fix revised Salaries for Constabulary Force.

It shall be lawful for the Lord Lieutenant to fix and appoint such revised annual Salaries as to him may from Time to Time seem proper, not exceeding the several Sums herein-after specified, to be paid in such Manner and subject to such Regulations and Provisions as he may direct, to the several Persons herein-after mentioned; (that is to say,)

1.

To each County Inspector of the First Class, an annual Salary not exceeding Three hundred Pounds :

2.

To each County Inspector of the Second Class, an annual Salary not exceeding Two hundred and seventy Pounds :

3.

To each Sub-Inspector of the First Class, an annual Salary not exceeding Two hundred Pounds :

4.

To each Sub-Inspector of the Second Class, an annual Salary not exceeding One hundred and fifty Pounds :

5.

To each Sub-Inspector of the Third Class, an annual Salary not exceeding One hundred and twenty-five Pounds :

6.

To each Head Constable Major, an annual Salary not exceeding Eighty Pounds Pour Shillings :

7.

To the Head Constable of the First Class, an annual Salary not exceeding Seventy Pounds Four Shillings :

8.

To Twelve Head Constables of the First Class, of long Service or superior Merit, but ineligible for further Promotion, an Addition to their respective Salaries of Ten Pounds per Annum each, making their total Salaries respectively Eighty Pounds Four Shillings per Annum each :

9.

To each Head Constable of the Second Class, an annual Salary not exceeding Sixty-one Pounds Two Shillings :

10.

To Twelve Head Constables of the Second Class, of long Service or superior Merit, but ineligible for further Promotion, an Addition of Ten Pounds per Annum, making their total Salaries respectively Seventy-one Pounds Two Shillings per Annum :

11.

To each Constable, an annual Salary not exceeding Forty-nine Pounds Eight Shillings :

12.

To Fifteen Constables, of long Service or superior Merit, but ineligible for Promotion, an Addition of Four Pounds per Annum each, making their total Salaries Fifty-three Pounds Eight Shillings per Annum each :

13.

To each Acting Constable, an annual Salary not exceeding Forty-four Pounds Four Shillings :

14.

To each Sub-Constable under Six Months Service, an annual Salary not exceeding Thirty-one Pounds Four Shillings :

15.

To each Sub-Constable of Six Months and under Six Tears Service, an annual Salary not exceeding Thirty-six Pounds Eight Shillings:

16.

To each Sub-Constable of Six Tears and under Twelve Tears . Service, an annual Salary of Thirty-nine Pounds :

17.

To each Sub-Constable of Twelve Tears and under Twenty Tears Service, an annual Salary of Forty-one Pounds Twelve ; Shillings:

18.

To each Sub-Constable of Twenty Tears Service and upwards, an annual Salary of Forty-two Pounds Eighteen Shillings :

Such increased Salaries to take effect from and after the First Bay of April One thousand eight hundred and sixty-six, and to be in addition to the Good-Service Pay at present authorized, viz., to Five County Inspectors, Fifty Pounds per Annum each; to Six Sub-Inspectors of the First Class, Thirty Pounds per Annum each ; and to Twenty-three Sub-Inspectors, whether of the Second or Third Class, Twelve Pounds per Annum each ; such increased Salaries to be payable to such Persons only as had not ceased to be Members of the Constabulary Force before the First Day of August One thousand eight hundred and sixty-six :

Provided always, that from the Date at which Payments at the Pates herein-before mentioned shall take effect, all Long-Service Allowances received before the passing of this Act by any Member of the Constabulary Force shall be discontinued, with the Exception of the Sub-Inspectors of the Second Class transferred from the Revenue Police to the Constabulary, or any other Sub-Inspectors of the Second Class at any Time in receipt of Thirty-six: Pounds pen Annum. Long-Service Pay, who shall be paid at the Rate of their present Salaries. with their present Long-Service Pay until promoted to the Rank of Sub-Inspector of the First Class, when they shall be paid at the same Rate as the other Sub-Inspectors of that Class are authorized to be paid under this Act.

3 Regulations made by 10 & 11 Vict. c.100 for Deduction of 2l. per Cent, for Superannuation Fund to cease.

And whereas by an Act passed in the Tenth and Eleventh Years of the Reign of Her present Majesty (Chapter One hundred) Regulations were made for the Formation of a Superannuation Fund for the Constabulary Force by a Deduction of Two Pounds per Centum per Annum from the Salary of each Member of such Force : Be it enacted, That from and after the passing of this Act such Deduction for such Superannuation Fund shall cease to be made.

4 Power to Lord Lieutenant to superannuate Head and other Constables.

And whereas it is; expedient that the existing System, of Superannuation Allowances to the Constabulary Force, should be revised, so far as relates to Members of the said Force appointed after the passing of this Act: Be it enacted, That it shall be lawful for the Lord Lieutenant, under the Conditions herein-after mentioned, to direct that any Head or other Constable so appointed may be superannuated, and receive a Gratuity or yearly Pension, not exceeding the Proportion of his Salary stated in the Scale hereinafter mentioned ; and it shall he lawful for the Lords Commissioners of Her Majesty's Treasury, or any Three or more of them, upon the Recommendation of the Lord Lieutenant, to direct that any Officer of the Constabulary Force, that is to say, any Inspector General, Deputy Inspector General, Assistant Inspector General, Commandant of the Depot, Surgeon, County Inspector, Barrack Master of the Depot, or Sub-Inspector, appointed after the passing of this Act, may be superannuated, and may receive a Gratuity or yearly Pension not exceeding the Proportion of his Salary stated in the Scale herein-after mentioned; that is to say,

1.

A Gratuity of One Month's Pay for each Year's Service after Five Years and less than Fifteen Years :

2.

On Completion of Fifteen Years Service an annual Pension of Fifteen Fiftieths of the Pay may be granted, and an Increase of One Fiftieth for each successive Year up to Thirty Years Service completed:

3.

After Thirty Years Service, or after the Person to be super annuated has attained the Age of Sixty Years, the Pension to be equal to Thirty Fiftieths of the Pay, or a larger Proportion in Cases of extraordinary Merit or good Conduct:

4.

For Injuries received at any Time in the actual Performance of Duty a Pension for Life may be granted of an Amount in proportion to the Injury received, but not exceeding the full Pay; the Grounds of Disability to be carefully investigated and fully set forth in the Authority granting the Pension.

5 Conditions of Superannuation.

No such Pension, Retiring Allowance, or Gratuity shall be granted in any Case, except on the Certificate of the Surgeon of the Force, or such other competent Medical Officer or Officers as the Lord Lieutenant shall name for the Purpose, that the Party is, from mental or bodily Incapacity, unable to perform his Duty any longer, and the Certificate of the Inspector General (or in the Case of the Inspector General's Superannuation, then on the Certificate of the Chief Secretary to the Lord Lieutenant,) that he has served with Diligence and Fidelity; provided that any Member of the Force who shall have attained the Age of Sixty Years or upwards may, upon his Petition, be superannuated without such Medical Certificate.

6 Pension liable to be forfeited for Misconduct.

Such Pension or Retiring Allowance shall he granted only upon the Condition that it becomes forfeited and may be withdrawn by the Lord Lieutenant in any of the following Cases:

1.

On Conviction of the Grantee for any indictable Offence :

2.

On his knowingly associating with suspected Persons, Thieves, or other Offenders:

3.

On his refusing to give Information and Assistance to the Police whenever in his Power for the Detection and Apprehension of Criminals, and for the Suppression of any Disturbance of the Public Peace :

4.

If he enter into or continue to carry on any Business, Occupation, or Employment which shall be, in the Opinion of the Lord Lieutenant, disgraceful or injurious to the Public, or in which he shall make use of the Fact of his former Employment in the Police Force in a Manner which the Lord Lieutenant considers to be discreditable and improper:

Provided always, that nothing herein contained shall entitle any Member of the Constabulary Force absolutely to any Superannuation Allowance, nor prevent him from being dismissed or discharged for Misconduct or other sufficient Cause without Superannuation Allowance.

7 Saving the Eights of the Officers and Men of the Constabulary Force in Ireland appointed before the passing of this Act.

And whereas it is expedient that the present Members of the Constabulary Force should continue to be entitled to receive Retiring Allowances calculated upon the Scale of Superannuation and Rates of Pay existing before the passing of this Act: Be it therefore enacted, That the Provisions of an Act passed in the Tenth and Eleventh Years of Her present Majesty, Chapter One hundred, intituled An Act to regulate the Superannuation Allowances of the Constabulary Force in Ireland and the Dublin Metropolitan Police, shall apply to the Members of the Constabulary Force in Ireland appointed before the passing of this Act as fully and effectually as if this Act had not been passed.

8 Increase of Deduction for Revenue Fund.

And whereas by an Act passed in the Sixth Year of the Reign of King William the Fourth a Fund was established called " The Police Reward Fund," to be raised in part by a Deduction of Ten Shillings per Cent, on the Salary of each Member of the Force : Be it enacted, That from and after the passing of this Act the said Deduction shall be increased to Thirty Shillings per Cent, on such Salaries, and a Deduction not exceeding Twenty Shillings per Cent. shall also be made on the Pensions of all Members of the Force superannuated after the passing of this Act, who, on their Retirement from active Service, shall give Notice to the Receiver of their Desire to keep up their Subscription to the said Reward Fund for the Benefit of their Widows and Children; all such Deductions to be paid to the said Police Reward Fund, and form Part thereof,

9 Application of Reward Fund.

And whereas by the Seventh Section of an Act-passed in the Tenth and Eleventh Years of Her present Majesty, Chapter One hundred, the Lords Commissioners of Her Majesty's Treasury, or any Three or more of them, are empowered to direct the Application of any Surplus of the Reward fund to the Payment of Pensions, Superannuations, and Allowances to Members of the Constabulary force : Be it enacted, That any Surplus now remaining of the said Fund, or which may thereunto hereafter accrue, shall not be applied in the Manner aforesaid, anything in the said Section to the contrary notwithstanding; and the said Reward Fund shall be available for the Reward of meritorious Members of the Constabulary Force, and also for the Relief of the Widows and Children of the Members of such Force, under such Regulations as the Lord Lieutenant may from Time to Time make.

10 Additional Pay of Mounted Men of the Constabulary Force, and those performing Duty in Belfast.

And be it enacted, That it shall be lawful for the Lord Lieutenant (if he shall so think fit) to order and direct that One Shilling per Week shall be added to the Pay of the Mounted Men of the Constabulary Force, and also to the Pay of the Head' and' other Constables stationed at Belfast, with a view to meet the extra Expense for Lodging and Living to which the Men serving in that Town are exposed as compared with the Remainder of the Force.

11 Town Inspector of Belfast to receive additional Pay.

And be it enacted, That from, and after the passing of this Act the Town Inspector of Belfast shall receive in lieu of Long-Service Pay discontinued by this Act a Sum of Fifty Pounds a Year in addition to the Salary which under the Constabulary (Ireland) Amendment Act, 1865, is to be paid by the Borough of Belfast, making his total Salary from both Sources Four hundred and fifty-Pounds per Annum.

12 Rate of Charge on Counties, Boroughs, and Towns for extra Constabulary Force.

Section Four of an Act passed in the Eleventh and Twelfth Years of Her present Majesty, Chapter Seventy-two, is hereby repealed; and from and after the passing of this Act, in all Cases where One Moiety of the Costs and Expenses of any Constabulary Force is chargeable to any County, or any Part or District of a County, or any County of a City or County of a Town, or Borough or Town, in Ireland, there shall be charged to each such County, or Part or District thereof, or County of a City or County of a Town, or any such Borough or Town, per Annum,

• For each Sub-Inspector One Moiety of the Sum of One hundred and sixty-seven Pounds Nine Shillings and Threepence :

• For each Head Constable One Moiety of the Sum of. Seventy-nine Pounds Fifteen Shillings and Sevenpence:

Provided always, that it shall be lawful for the Lord Lieutenant, with the Approval of the-Commissioners of Her Majesty's Treasury, from Time to Time to fix and determine the further Rates of Charge to be paid by every such County or Part or District thereof, or County of a City or County of a Town, or Borough or Town, on an average of the entire Force of Constables, Acting Constables, and Sub-Constables in Ireland, regard being had to the increased Rates of Pay sanctioned by this Act, and to the Cost of Clothing, Medical Attendance, Barrack Accommodation, and extra Pay of such Constables and other Constables when absent from Quarters.

And in all Cases where, under the Laws now in force, the whole of the Costs and Expenses of any Constabulary Force is chargeable to any County, or ally Part or District of a County, or any County of a City or County of a Town, or any Borough or Town, in Ireland, there shall be charged to each such County, or Part or District of such County, or County of a City, County of a Town, Borough, or Town, per Annum, the full Cost of such Constabulary force, calculated in the Manner last mentioned.

13 Rate of Charge upon Public Companies for Constabulary Protection.

Prom and after the passing of this Act, in all Cases where Members of the Constabulary Force shall be required to keep the Peace in the Neighbourhood of Railway Works or other Public Works in Ireland, the Costs and Expenses of such Members, calculated in the Manner herein-before mentioned, shall be charged upon the Company or other Parties carrying on such Railway or other Public Works.

14 Extra Force how to be charged.

Prom and after the passing of this Act, in all Cases where under the Laws now in force the Quota of Men fixed for any County, County of a City, County of a Town, or Borough by " The Constabulary (Ireland) Amendment Act, 1865," shall be increased by an extra Force, whether as a permanent Augmentation or as a temporary Addition thereto, One Moiety of the Costs and Expenses of such extra Force, ascertained in the Manner hereinbefore provided, shall be charged to and be payable by such County, County of a City, County of a Town, or Borough: Provided always, that in case Vacancies shall occur in the said Force so augmented, there shall be deducted from the Number of such extra force to be charged as aforesaid as many Constables as shall bear the same Proportion to the whole Number of Vacancies in the said augmented force that the extra Force bears to the whole Number of such augmented Force.

15 Provision in case of Abolition of Office of Constabulary Receiver.

It shall be lawful for the Commissioners of Her Majesty's Treasury to make such Arrangements for the Regulation or Abolition of the Office of Receiver of the Constabulary, and for the Transfer of the Powers vested in him, and for the Transfer and Regulation of the Duties assigned to him by virtue of an Act passed in the Sixth Year of the Reign of King William the Fourth, Chapter Thirteen, and of subsequent Acts, as they shall from Time to Time consider expedient, anything in the said Act or subsequent Acts to the contrary notwithstanding.