Police (Northern Ireland) Act 1998

25 Regulations for [F1 Police Service of Northern Ireland]. N.I.

(1) Subject to the provisions of this section, the [F2 Department of Justice] may make regulations as to the government, administration and conditions of service of members of [F1 the Police Service of Northern Ireland].

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a) the ranks to be held by members of [F1 the Police Service of Northern Ireland];

(b) the qualifications for appointment and promotion of members of [F1 the Police Service of Northern Ireland];

(c) periods of service on probation;

(d) voluntary retirement of members of [F1 the Police Service of Northern Ireland];

(e) the conduct, efficiency and effectiveness of members of [F1 the Police Service of Northern Ireland] and the maintenance of discipline;

(f) the suspension or dismissal of members of [F1 the Police Service of Northern Ireland] from membership of [F1 the Police Service of Northern Ireland] and from the office of constable;

(g) the maintenance of personal records of members of [F1 the Police Service of Northern Ireland];

(h) the duties which are or are not to be performed by members of [F1 the Police Service of Northern Ireland];

(i) the treatment as occasions of police duty of attendance at meetings of the Police Association and of any body recognised by the [F3 Department of Justice] for the purposes of section 35;

(j) the hours of duty, leave, pay and allowances of members of [F1 the Police Service of Northern Ireland];

(k) the pensions and gratuities in respect of service as a member of [F1 the Police Service of Northern Ireland] (including provision for the recognition for the purposes of such pensions and gratuities of service otherwise than as a member of the police force and for the payment and receipt of transfer values or of other lump sums made for the purpose of creating or restoring rights to such pensions and gratuities); and

(l) the issue, use and return of equipment.

[F4 (2A) Subsection (2)(k) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).]

(3) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or make provision for the establishment of, procedures for cases in which a member of [F1 the Police Service of Northern Ireland] may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

(b) make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) is decided by the [F5 Board].

(4) Without prejudice to the powers conferred by this section, regulations under this section shall provide for appeals to an appeals tribunal by members of [F1 the Police Service of Northern Ireland] who are dismissed, required to resign or reduced in rank—

(a) in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

(b) in a case where there is a right of appeal to another person, by a decision of that person.

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

(a) authorise or require provision to be made by, or confer discretionary powers on, the [F6 Department of Justice], the [F5 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) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except[F7 —

(a) as permitted by section 36A of the Police (Northern Ireland) Act 2000; or

(b)] where the person appointed holds the rank of superintendent or a higher rank.

(7) Where regulations made in accordance with subsection (2)(a) vary the ranks held by members of [F1 the Police Service of Northern Ireland], the regulations may make such amendments as appear to the [F8 Department of Justice] to be necessary or expedient to any statutory provision (including this Act) containing a reference to any rank held by a member of [F1 the Police Service of Northern Ireland].

(8) The [F9 Department of Justice] shall consult both the [F5 Board] and the Police Association before making any regulations under this section F10 ....

[F11 (9) Subsection (8) does not apply to—

(a) regulations made by virtue of subsection (2)(k), as to which the Department of Justice shall invite the views of the Police Advisory Board for England and Wales, or

(b) regulations made by virtue of subsection (2)(j) or (l), as to which section 25A applies.]

Textual Amendments

F1 Words in s. 25 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

F2 Words in s. 25(1) 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. 9 (with arts. 28-31)

F3 Words in s. 25(2)(i) 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. 9 (with arts. 28-31)

F4 S. 25(2A) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2) (N.I.), s. 37(2), Sch. 8 para. 23; S.R. 2014/123, art. 2(1)(r)

F5 Words in s. 25(3)(b)(5)(a)(8) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

F6 Words in s. 25(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. 9 (with arts. 28-31)

F7 S. 25(6)(a)(b) and word inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 24(2)

F8 Words in s. 25(7) 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. 9 (with arts. 28-31)

F9 Words in s. 25(8) 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. 9 (with arts. 28-31)

F10 Words in s. 25(8) omitted (1.9.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 134(1)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(d)

F11 S. 25(9) inserted (1.9.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 134(1)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(d)

Modifications etc. (not altering text)

C1 S. 25 restricted (4.11.2001) by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 5 para. 1(4); S.R. 2001/396, art. 2, Sch.)

C2 S. 25 modified (8.9.2003) by The Police (Northern Ireland) Act 1998 (Modification) Order 2003 (S.R. 2003/376), arts. 1(1), 2

C3 S. 25(8) excluded by 2000 c. 32, s. 49(4) (as substituted (1.9.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 91 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2125, art. 2(f)(iv))

Commencement Information

I1 S. 25 partly in force; s. 25 not in force at Royal Assent see s. 75(1); s. 25(1)-(3)(5)-(8) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4)