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Part II E+W+S Discrimination in the Employment Field

Special casesE+W+S

17 Police.E+W+S

(1)For the purposes of this Part, the holding of the office of constable shall be treated as employment—

(a)by the chief officer of police as respects any act done by him in relation to a constable or that office;

(b)by the police authority as respects any act done by them in relation to a constable or that office.

(2)Regulations made under section 33, 34 or 35 of the M1Police Act 1964 shall not treat men and women differently except—

(a)as to requirements relating to height, uniform or equipment, or allowances in lieu of uniform or equipment, or

(b)so far as special treatment is accorded to women in connection with pregnancy or childbirth, or

(c)in relation to pensions to or in respect of special constables or police cadets.

(3)Nothing in this Part renders unlawful any discrimination between male and female constables as to matters such as are mentioned in subsection (2)(a).

(4)There shall be paid out of the police fund—

(a)any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.

(5)Any proceedings under this Act which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in subsection (4) to the chief officer of police shall be construed accordingly.

(6)Subsections (1) and (3) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.

(7)In this section—

(a)in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the M2Police Act 1964,

(b)in relation to any other person or appointment means the officer who has the direction and control of the body of constables or cadets in question;

(a)in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the M3Police Act 1964,

(b)in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;

(8)In the application of this section to Scotland, in subsection (7) for any reference to the M8Police Act 1964 there shall be substituted a reference to the M9Police (Scotland) Act 1967, and for the reference to sections 33, 34 and 35 of the former Act in subsection (2) there shall be substituted a reference to sections 26 and 27 of the latter Act.