Police and Magistrates’ Courts Act 1994

Part III N.I. POLICE (NORTHERN IRELAND)

66 Regulations for administration, etc. of Royal Ulster Constabulary. N.I.

(1) Section 25 of the M1 Police Act (Northern Ireland) 1970 (regulations for administration, etc. of Royal Ulster Constabulary) shall be amended as follows.

(2) Subsection (5) (Treasury concurrence required for certain regulations) shall be omitted.

(3) For subsections (6) and (7) there shall be substituted—

“(5A) In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(e) and (f)), the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(5B) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(6) Where regulations under subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make consequential amendments to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary.”

Marginal Citations

M1 1970 c. 9 (N.I.).

67 Regulations for administration, etc. of reserve constables. N.I.

(1) Section 26 of the M2 Police Act (Northern Ireland) 1970 (regulations for administration, etc. of reserve constables) shall be amended as follows.

(2) Subsection (3) (Treasury concurrence required for certain regulations) shall be omitted.

(3) At the end there shall be added—

“(4) In relation to any matter as to which provision may be made by regulations under this section (other than the matters mentioned in subsection (2)(cc) and (d)), the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.”

Marginal Citations

M2 1970 c. 9 (N.I.).

68 Minor and consequential amendments. N.I.

(1) The Police Act (Northern Ireland) 1970 shall have effect subject to the following minor and consequential amendments.

(2) Section 10(5) (Treasury concurrence required for certain regulations relating to police cadets) shall be omitted.

(3) In section 34 (orders and regulations)—

(a) for subsection (1) there shall be substituted—

“(1) Regulations and orders under this Act (other than orders under section 4(3)) shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the M3 Statutory Instruments Act 1946 shall apply accordingly.”;

(b) after subsection (1) there shall be inserted—

“(1A) The following regulations shall not be made without the concurrence of the Treasury, namely—

(a) regulations under section 10 for regulating pensions;

(b) regulations under section 25 providing for any of the matters specified in subsection (2)(k) of that section;

(c) regulations under section 26 providing for the matter specified in subsection (2)(f) of that section.”;

(c) in subsection (3) for the words from “sections" to “reserve constables and" there shall be substituted the words “ section 10(4) (making provision with respect to allowances of ”.

(4) In section 35 (interpretation) in the definition of “senior officer" for the words from “means" onwards there shall be substituted the words “ means an officer above the rank of superintendent ”.

Marginal Citations

M3 1946 c. 36.