Police (Northern Ireland) Act 1998

Assistance by members of the police force

5 (1) The Ombudsman and the Chief Constable may enter into arrangements for members of the police force to be engaged for a period of temporary service with the Ombudsman.

(2) Arrangements under this paragraph shall provide for the payment by the Ombudsman to the Police Authority of such contribution as may be determined by or in accordance with the arrangements.

(3) In this paragraph and paragraph 6 “member of the police force” does not include the Chief Constable.

6 (1) The Chief Constable may, on the application of the Ombudsman, provide members of the police force or other assistance for the purpose of enabling the Ombudsman to meet any special demand on his resources.

(2) If it appears to the Secretary of State—

(a) that it is expedient that members of the police force or other assistance should be provided for the purpose of enabling the Ombudsman to meet any special demand on his resources; and

(b) that satisfactory arrangements under sub-paragraph (1) cannot be made, or cannot be made in time,

he may direct the Chief Constable to provide such members of the police force or other assistance for that purpose as may be specified in the direction.

(3) Directions given under sub-paragraph (2) may be amended or revoked by the Secretary of State.

(4) Before giving, amending or revoking any directions under this paragraph, the Secretary of State shall consult the Chief Constable and the Ombudsman.

7 (1) In this paragraph “relevant service” means—

(a) temporary service with the Ombudsman on which a member of the police force is engaged in accordance with arrangements under paragraph 5; and

(b) service by a member of the police force providing assistance to the Ombudsman under paragraph 6.

(2) A member of the police force on relevant service shall—

(a) notwithstanding section 19, be under the direction and control of the Ombudsman; but

(b) have the same powers and privileges and be treated in all other respects as if he were not on relevant service.

(3) The Ombudsman shall be liable in respect of torts committed by members of the police force on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

(4) The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay—

(a) any damages or costs awarded against a member of the police force in proceedings for a tort committed by that member while on relevant service;

(b) any costs incurred and not recovered by a member of the police force in such proceedings; and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(5) The Ombudsman may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in sub-paragraph (4).