Police (Northern Ireland) Act 2000

41 Status etc. of trainees. N.I.

(1) The following provisions of the Police Acts (and no others) shall apply to a police trainee and a police reserve trainee as they apply to a police officer—

(a) in the 1998 Act—

(i) section 29 (liability of Chief Constable for wrongful acts);

(ii) section 32 (representation by Police Association);

(iii) section 35 (membership of trade unions);

(iv) section 67 (impersonation);

(v) section 68 (causing disaffection);

(b) in this Act—

(i) section 33(1) (direction and control by Chief Constable);

(ii) section 51 (notifiable memberships).

(2) Any statutory provision (including one amended by Schedule 5) which for any purpose treats a police officer as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police trainee and a police reserve trainee as it applies in relation to a police officer.

(3) The [F1 Department of Justice] may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.

[F2 (3A) Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision—

(a) imposing requirements as to nationality, age, skills, competencies and physical and mental fitness;

(b) as to the grounds on which a person is ineligible for appointment.]

(4) Regulations under subsection (3) may—

(a) provide for the application to police trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 25 of the 1998 Act;

(b) provide for the application to police reserve trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 26 of the 1998 Act.

(5) In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the [F3 Department of Justice], the Board, 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.

(6) The [F4 Department of Justice] shall consult both the Board and the Police Association before making any regulations under subsection (3).

Textual Amendments

F1 Words in s. 41(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 63(a) (with arts. 28-31)

F2 S. 41(3A) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 8(4)

F3 Words in s. 41(5)(a) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 63(b) (with arts. 28-31)

F4 Words in s. 41(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 63(c) (with arts. 28-31)

Modifications etc. (not altering text)

C1 S. 41 restricted by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74(a), Sch. 5 para. 1(4)); S.R. 2001/396, art. 2, Sch.)

S. 41 modified (temp.) (30.7.2001) by S.I. 2001/2513, art. 2