Police Act 1997

130 Members of RUC engaged on service outside their force. N.I.

For section 21 of the M1 Police Act (Northern Ireland) 1970 there shall be substituted—

“21 Members of RUC engaged on service outside their force.

(1) For the purposes of this section “relevant service” means—

(a) service in a police force in England and Wales or a police force in Scotland on which a member of the Royal Ulster Constabulary (other than the Chief Constable) is engaged with the consent of the Secretary of State and the Chief Constable;

(b) temporary service with the National Criminal Intelligence Service on which a member of the Royal Ulster Constabulary (other than the Chief Constable) is engaged with the consent of the Chief Constable; or

(c) temporary service with the Police Information Technology Organisation on which a member of the Royal Ulster Constabulary (other than the Chief Constable) is engaged with the consent of the Chief Constable.

(2) Subject to the following provisions of this section, a member of the Royal Ulster Constabulary engaged on relevant service shall be treated as if he were not a member of that Constabulary during that service; but, except where a pension, allowance or gratuity becomes payable to him by virtue of regulations under section 25—

(a) he shall be entitled at the end of the period of relevant service to revert to that Constabulary in the rank in which he was serving immediately before that period began; and

(b) he shall be treated as if he had been serving in that Constabulary during the period of relevant service for the purpose of any scale prescribed by or under regulations made under section 25 fixing his rate of pay by reference to his length of service.

(3) A member of the Royal Ulster Constabulary may, when engaged on relevant service, be promoted in that Constabulary, as if he were serving in it; and in any such case—

(a) the reference in paragraph (a) of subsection (2) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted; and

(b) for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(4) A member of the Royal Ulster Constabulary who—

(a) while engaged on relevant service within subsection (1)(a), is dismissed from that service or is required to resign as an alternative to dismissal, or

(b) has completed a period of relevant service within subsection (1)(b) or (c),

may be dealt with under regulations under section 25(3) for anything done or omitted while he was engaged on that service as if that service had been service in the Royal Ulster Constabulary.

(5) For the purposes of subsection (4)(a), a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified if it is given by or on behalf of the chief officer of the police force in which that person was engaged in relevant service.

(6) A member of the Royal Ulster Constabulary engaged on relevant service within subsection (1)(b) or (c)—

(a) shall continue to be a constable; and

(b) shall be treated for the purposes of—

(i) section 17 of this Act; and

(ii) sections 2 and 8 of the Constabulary and Police (Ireland) Act 1919,

as if he were a member of that Constabulary.”.

Marginal Citations

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