Police Reserve Trainee Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 2

POLICE

Police Reserve Trainee Regulations (Northern Ireland) 2004

Made

7th January 2004

To be laid before Parliament

Coming into operation

8th February 2004

The Secretary of State, in exercise of the powers conferred upon him by section 26 of the Police (Northern Ireland) Act 1998(1) and sections 37 and 41 of the Police (Northern Ireland) Act 2000(2), and after consulting the Northern Ireland Policing Board and the Police Association for Northern Ireland, hereby makes the following Regulations:

Citation and commencement N.I.

1.—(1) These regulations may be cited as the Police Reserve Trainee Regulations (Northern Ireland) 2004.

(2) These regulations shall come into operation on 8th February 2004.

Commencement Information

I1 Reg. 1 in operation at 8.2.2004, see reg. 1(2)

[F1 Interpretation N.I.

1A.   In these regulations—

“the code of ethics” means the code of ethics issued by the Northern Ireland Policing Board under section 52 of the Police (Northern Ireland) Act 2000;

“controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;

“police recruitment agent” means the agent appointed under section 43 of the Police (Northern Ireland) Act 2000;

“relevant licence or permit” means a licence or permit granted in pursuance of the law relating to liquor licensing, refreshment houses or betting and gaming or regulating places of entertainment in Northern Ireland.

Textual Amendments

F1 Regs. 1A-1D inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 2

Appointment as a police reserve trainee N.I.

1B.— (1) To be qualified for appointment as a police reserve trainee, an applicant—

(a) must be a national of [F2 the United Kingdom or an EEA State] , or have leave to enter or remain in the United Kingdom for an indefinite period;

(b) must have attained the age of 18 years;

(c) must demonstrate by such tests or assessments as may be determined by the Chief Constable or carried out by the police recruitment agent in accordance with arrangements prescribed under section 44(3)(c) of the Police (Northern Ireland) Act 2000 that—

(i) he is sufficiently competent in written and spoken English, and

(ii) he possesses such other skills as may be necessary to carry out the duties of a member of the Police Service of Northern Ireland Reserve;

(d) must be certified by a registered medical practitioner approved by the Chief Constable to be fitted both physically and mentally to perform the duties of a member of the Police Service of Northern Ireland Reserve;

(e) must pass a test for evidence of controlled drugs;

(f) must not be, as determined in accordance with arrangements prescribed under section 44(3)(d) of the Police (Northern Ireland) Act 2000, unsuitable for appointment as a police reserve trainee within the meaning of regulation 1D; and

(g) if applying for appointment as a police reserve trainee with a view to service in the Police Service of Northern Ireland Reserve in a particular area in Northern Ireland, must be resident in that area.

(2) Where a candidate for appointment as a police reserve trainee with a view to service in the Police Service of Northern Ireland Reserve in a particular area in Northern Ireland satisfies the requirements of paragraph (1)(a) to (f) but does not satisfy the requirement specified in paragraph (1)(g), the Chief Constable may appoint that person as a police reserve trainee if he is satisfied that that person has a connection to that area.

(3) The Chief Constable may specify the matters which he may take into account in determining whether a person has a connection to an area for the purposes of paragraph (2).

[F3 (4) In this regulation—

“EEA state”, in relation to a time, means—

(a)

a state which at that time is a member State, or

(b)

any other state which at that time is a party to the EEA agreement;

“national of the United Kingdom” means—

(a)

a British citizen,

(b)

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom, or

(c)

a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.]

Textual Amendments

F1 Regs. 1A-1D inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 2

F2 Words in reg. 1B(1)(a) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 31(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 1B(4) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 31(b); 2020 c. 1, Sch. 5 para. 1(1)

Testing for evidence of controlled drugs N.I.

1C.— (1) For the purposes of regulation 1B(1)(e), a person passes a test for evidence of controlled drugs—

(a) a sample of his saliva, urine, blood, or hair (other than pubic hair) is taken and tested for evidence of controlled drugs in accordance with such procedures as may be determined by the Secretary of State, and

(b) he is not found to have taken any controlled drugs.

(2) The Chief Constable may specify the circumstances in which a person who provides evidence that he has been subject to drug testing procedures other than those established under paragraph (1) may be deemed to have passed a test for the purposes of regulation 1B(1)(e).

(3) A determination under paragraph (1) may make different provision for different cases and circumstances.

Textual Amendments

F1 Regs. 1A-1D inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 2

Suitability for appointment as police reserve trainee N.I.

1D.— (1) Subject to paragraphs (2) to (5), the Chief Constable may determine the matters which may be taken into account in deciding the suitability of an applicant for appointment as a police reserve trainee in accordance with arrangements prescribed under section 44(3)(d) of the Police (Northern Ireland) Act 2000.

(2) A person is unsuitable for appointment as a police reserve trainee if he has been convicted in Northern Ireland or elsewhere of any offence, and has had passed on him a sentence of imprisonment or detention (whether suspended or not).

(3) The fact that a person—

(a) has been convicted of any offence,

(b) has breached a court order, or

(c) has received a caution as defined by section 126 of the Police Act 1997(3),

may be taken into account, in accordance with any determination made by the Chief Constable under paragraph (1), in deciding his suitability for appointment as a police reserve trainee.

(4) An applicant for appointment as a police reserve trainee is unsuitable for appointment unless he gives—

(a) such satisfactory references as to his character, and

(b) such other information as to his suitability for appointment,

as may be required by the Chief Constable or, in accordance with arrangements prescribed under section 44(3)(b) of the Police (Northern Ireland) Act 2000, by the police recruitment agent.

(5) An applicant for appointment as a police reserve trainee is unsuitable for appointment if—

(a) he—

(i) holds any office or employment for hire or gain, or

(ii) carries on any business, or

(iii) holds, or possesses a pecuniary interest in, a relevant licence or permit,

which, if held, possessed or carried on after his appointment as a reserve constable, could reasonably be regarded as affecting his ability to discharge his duties as a reserve constable in accordance with the code of ethics; or

(b) a relative holds, or possesses a pecuniary interest in, a relevant licence or permit, and the holding of that licence or permit or the possession of that pecuniary interest after his appointment as a reserve constable could reasonably be regarded as affecting his ability to discharge his duties as a reserve constable in accordance with the code of ethics.

(6) In paragraph (5) “relative”, in relation to an applicant, has the same meaning as it has under regulation 4 in relation to a police reserve trainee.]

Textual Amendments

F1 Regs. 1A-1D inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 2

Conditions for appointment as reserve constable N.I.

2.— [F4 (1)]  A person shall not be appointed as a reserve constable unless he has –

(a) completed such period of service as a police reserve trainee as may be specified by the Chief Constable;

(b) completed, to the satisfaction of the Chief Constable, such training for service as a reserve constable as may be specified by the Chief Constable; and

(c) demonstrated during his period of service as a police reserve trainee, by such tests or assessments as may be determined by the Chief Constable, that he possesses the physical competence to perform the duties of a reserve constable.

[F5 (2) Police reserve trainees shall be appointed to serve as part–time members of the Police Service of Northern Ireland Reserve.]

Textual Amendments

F4 Reg. 2(1): reg. 2 words renumbered as reg. 2(1) (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 3(2)

F5 Reg. 2(2) inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 3(3)

Commencement Information

I2 Reg. 2 in operation at 8.2.2004, see reg. 1(2)

Restrictions on the private life of police reserve trainees N.I.

3.—(1) No restriction on the private life of police reserve trainees shall be imposed by the Chief Constable, except such restrictions as are set out in this regulation or as may be necessary in the interests of the safety of police reserve trainees.

(2) Where the Chief Constable imposes a restriction on the private life of police reserve trainees under paragraph (1), he shall report the restriction forthwith to the Board and to the Secretary of State.

(3) A police reserve trainee shall not take any active part in politics.

(4) A police reserve trainee shall not wilfully refuse or neglect to discharge any lawful debt.

Commencement Information

I3 Reg. 3 in operation at 8.2.2004, see reg. 1(2)

Prohibited business interests N.I.

4.— [F6 (1) The Chief Constable may give notice in writing to a police reserve trainee that a business interest is incompatible with him remaining a police reserve trainee if—

(a) the police reserve trainee—

(i) holds any office or employment for hire or gain (otherwise than as a police reserve trainee), or

(ii) carries on any business, or

(iii) holds, or possesses a pecuniary interest in, a relevant licence or permit,

which, if held, possessed or carried on after his appointment as a reserve constable, could reasonably be regarded as affecting his ability to discharge his duties as a reserve constable in accordance with the code of ethics; or

(b) a relative holds, or possesses a pecuniary interest in, a relevant licence or permit, and the holding of that licence or permit or the possession of that pecuniary interest after his appointment as a reserve constable could reasonably be regarded as affecting his ability to discharge his duties as a reserve constable in accordance with the code of ethics.]

(2) The Chief Constable shall not give notice under paragraph (1) before any such procedure as may be specified in standing orders under regulation 10 for the informal resolution of the case has been concluded.

(3) Within 10 days of receiving a notice given under paragraph (1), or within such longer period as the Board may in all the circumstances allow, the police reserve trainee concerned may appeal to the Board against the decision of the Chief Constable as set out in the notice by sending written notice of his appeal to the Board.

(4) On receipt of a notice given under paragraph (3) the Board shall require the Chief Constable to submit to it, within the next following 10 days –

(a) a notice setting out the reasons for his decision, and

(b) copies of any documents on which he relies in support of that decision,

and the Board shall send to the police reserve trainee concerned copies of such notice and documents and shall afford him a reasonable opportunity, being in no case less than 14 days, to comment thereon.

(5) Where a police reserve trainee has appealed to the Board under paragraph (3) the Board shall give him notice of its determination of the appeal within 28 days of –

(a) receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (4), or

(b) the expiration of the period afforded for making comments if none have by then been received.

(6) Where a police reserve trainee has been given notice under paragraph (1) and either –

(a) the police reserve trainee has not appealed against the decision set out in the notice under paragraph (3), or

(b) on such appeal, the Board has upheld the decision of the Chief Constable,

the Chief Constable may terminate the period of service of that police reserve trainee by giving him one week’s notice in writing.

[F7 (7) Any reference in this regulation to a relative, in relation to a police reserve trainee, means—

(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that police reserve trainee or the spouse or former spouse of that police reserve trainee, or

(b) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or the half blood or by affinity) of that police reserve trainee or of the spouse or former spouse of that police reserve trainee,

and includes, in relation to an police reserve trainee who is living or has lived with another person as husband and wife, any person who would fall within sub-paragraph (a) or (b) if the parties were married to each other.]

[F8 (8) The Chief Constable may give guidance to police reserve trainees and applicants for appointment as police reserve trainees in connection with business interests which—

(a) may make a person unsuitable for appointment as a police reserve trainee, and

(b) may be incompatible with a person remaining a police reserve trainee.

(9) The Chief Constable shall publish any guidance issued under paragraph (8).]

Textual Amendments

F6 Reg. 4(1) substituted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 4(2)

F7 Reg. 4(7) substituted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 4(3)

F8 Reg. 4(8)(9) inserted (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 4(4)

Commencement Information

I4 Reg. 4 in operation at 8.2.2004, see reg. 1(2)

[F9 Testing for evidence of drugs and alcohol N.I.

4A.— (1) The Chief Constable may require any police reserve trainee to give a sample of saliva, urine, blood, or hair (other than pubic hair) to be tested for evidence of controlled drugs in accordance with procedures determined by the Secretary of State.

(2) The Chief Constable may require any police reserve trainee to give a sample of breath to be tested for evidence of alcohol in accordance with procedures determined by the Secretary of State.

(3) A police reserve trainee who—

(a) fails to give a sample under paragraph (1) or (2), or

(b) on giving a sample under paragraph (1) is found to have taken a controlled drug, or

(c) who, on giving a sample under paragraph (2), is found to have more than 13 microgrammes of alcohol in 100 millilitres of breath,

shall face such consequences as are specified in regulation 9(3) or in standing orders made under regulation 10.

(4) A determination under paragraph (1) or (2) may make different provision for different cases and circumstances.

F10 (5)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Reg. 4A and heading inserted (1.9.2008) by Police (Testing for Substance Misuse) Regulations (Northern Ireland) 2008 (S.R. 2008/325), regs. 1(2), 6(2)

F10 Reg. 4A(5) revoked (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 5(1)

Pay N.I.

5.—(1) Subject to the following provisions of this regulation, the Secretary of State shall determine the hourly rate at which police reserve trainees are to be paid for participating in training, tests or assessments in accordance with regulation 2.

(2) A determination under paragraph (1) may be made with retrospective effect to any date specified in the determination, but nothing in this paragraph shall be construed as authorising the pay payable to any person to be reduced retrospectively.

(3) A determination under paragraph (1) may make different provision for different cases.

(4) Where a police reserve trainee completes any part of the training specified under regulation 2(b) under arrangements which do not require the presence of other police reserve trainees, police officers or police support staff, standing orders made under regulation 10 may provide for the period for which he is paid for participating in that part of the training to be such period as is determined in accordance with standing orders.

(5) Police reserve trainees shall be paid monthly in arrears, or at such other intervals as the Chief Constable may fix.

(6) The Chief Constable may, if he thinks fit, pay to a police reserve trainee such part of his pay as he may determine in advance of the day on which it would otherwise be due to be paid in accordance with this regulation.

(7) The pay of a police reserve trainee for a quarter of an hour shall be calculated for all purposes at a rate determined by dividing by four the hourly rate determined under paragraph (1).

Commencement Information

I5 Reg. 5 in operation at 8.2.2004, see reg. 1(2)

Allowances: general N.I.

6.—(1) No allowances shall be paid to a police reserve trainee except as provided by these regulations or approved by the Secretary of State, and the amounts and conditions of payment of such allowances shall be as provided by or under these regulations or as approved by the Secretary of State.

(2) A police reserve trainee claiming any allowance under these regulations shall comply with such directions as may be given by the Chief Constable from time to time as to the time and manner of claiming and certification.

(3) Nothing in this regulation shall apply to the reimbursement of expenses incurred by a person in connection with his service as a police reserve trainee, being expenses authorised either generally or specifically by the Chief Constable in respect of which no allowance is payable under these regulations.

Commencement Information

I6 Reg. 6 in operation at 8.2.2004, see reg. 1(2)

Allowance in respect of medical charges N.I.

7.—(1) Where a police reserve trainee –

(a) receives an injury without his default when –

(i) participating in training specified under regulation 2(b) or tests or assessments determined under regulation 2(c) at a place approved for the purposes of this regulation by the Chief Constable, or

(ii) travelling to or from such a place for the purposes of participating in such training, tests or assessments, and

(b) incurs normal standard charges under Article 5, 61, 62, 63 or 98 of the Health and Personal Social Services (Northern Ireland) Order 1972(4) (which Articles relate to charges for certain drugs, medicines and appliances and for dental treatment) by reason of the injury,

he shall be reimbursed the charges.

(2) Where a police reserve trainee –

(a) receives an injury which, in the opinion of the Chief Constable,

(i) would not have been received had he not been known to be a police reserve trainee, or

(ii) is an injury to which sub-paragraph (i) may apply, and should be treated as one to which sub-paragraph (i) does apply, and

(b) incurs normal standard charges under any provision mentioned in paragraph (1)(b) by reason of the injury,

he may be reimbursed the charges.

(3) For the purposes of paragraphs (1) and (2) –

(a) “injury” includes any injury or disease, whether of body or mind; and

(b) an injury shall be treated as received without the default of the police reserve trainee concerned unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

Commencement Information

I7 Reg. 7 in operation at 8.2.2004, see reg. 1(2)

Motor vehicle allowance N.I.

8.—(1) Where the Chief Constable specifies a place as a qualifying site for the purposes of this regulation, and authorises a police reserve trainee to use a motor vehicle for the purposes of attending training, tests or assessments at a qualifying site, the police reserve trainee shall be paid an allowance.

(2) An allowance under paragraph (1) shall be payable on such conditions and at such rate as may be specified in standing orders made under regulation 10.

Commencement Information

I8 Reg. 8 in operation at 8.2.2004, see reg. 1(2)

Termination of service of a police reserve trainee N.I.

9.—(1) A person shall cease to be a police reserve trainee on his appointment as a reserve constable.

(2) Where a person has served as a police reserve trainee for a period of 48 weeks (“the relevant period”), but –

(a) has not completed the training specified under regulation 2(b), or

(b) has not demonstrated physical competence under regulation 2(c),

the Chief Constable may terminate his service as a police reserve trainee by giving him one week’s notice in writing on the expiry of the relevant period.

(3) The Chief Constable may at any time terminate a person’s period of service as a police reserve trainee by giving him one week’s notice in writing –

(a) if he considers that he is not likely to become an efficient or well-conducted reserve constable on completion of his period of service as a police reserve trainee; or

(b) if, following an examination by a medical practitioner appointed or approved by the Chief Constable, the Chief Constable considers that he –

(i) is not fit, physically or mentally, to be a police reserve trainee, or

(ii) is not likely to be fit, physically or mentally, to be a reserve constable on completion of his period of service as a police reserve trainee; or

(c) if the police reserve trainee refuses, without reasonable excuse, to undergo an examination by a medical practitioner appointed or approved by the Chief Constable[F11 ; or

(d) if he is found to have taken a controlled drug under regulation 4A(3)(b), or fails to give a sample as required under regulation 4A(1).]

(4) Any termination of a period of service under paragraph 9(2) or (3) shall be carried out in accordance with any such provision as may be made by standing orders under regulation 10.

(5) A police reserve trainee may end his period of service as a police reserve trainee by giving one week’s notice in writing to the Chief Constable.

Textual Amendments

F11 Reg. 9(3)(d) and word inserted (1.9.2008) by Police (Testing for Substance Misuse) Regulations (Northern Ireland) 2008 (S.R. 2008/325), regs. 1(2), 6(3)

Commencement Information

I9 Reg. 9 in operation at 8.2.2004, see reg. 1(2)

Standing Orders N.I.

10.—(1) The Chief Constable may make provision in standing orders as to the government, administration and conditions of service of police reserve trainees.

(2) Every police reserve trainee shall comply with the requirements of standing orders made under paragraph (1).

(3) The Chief Constable –

(a) shall issue a copy of any standing orders made under paragraph (1) to every police reserve trainee on or before the day on which he begins his period of service as a police reserve trainee, and

(b) shall issue details of any change to such standing orders to every police reserve trainee to whom that change may apply as soon as reasonably practicable.

Commencement Information

I10 Reg. 10 in operation at 8.2.2004, see reg. 1(2)

Functions of the Chief Constable N.I.

11.—(1) Any power conferred on the Chief Constable by these regulations to make provision by –

(a) making standing orders or giving directions,

(b) authorising, designating, approving or specifying any person or anything,

(c) imposing restrictions, or

(d) doing anything else,

includes power to make different provision for different purposes, cases and circumstances.

(2) The Chief Constable may designate a police officer or member of the police support staff for the purposes of this regulation and, subject to paragraph (3), may delegate any function under these regulations to a person so designated.

(3) Any function of the Chief Constable under regulation 4(6) or 9(2) or (3) may be delegated only to –

(a) a police officer of a rank not lower than chief inspector, or

(b) a senior employee (as defined in section 4(7) of the Police (Northern Ireland) Act 2000), or

(c) such member of the police support staff of such class or description as may be specified by the Board for the purposes of this paragraph.

Commencement Information

I11 Reg. 11 in operation at 8.2.2004, see reg. 1(2)

Paul Murphy

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

7th January 2004

Explanatory Note

(This note is not part of the Regulations.)

Section 37(3) of the Police (Northern Ireland) Act 2000 requires a person to serve as a police reserve trainee before he or she can be appointed as a member of the Police Service of Northern Ireland Reserve. These regulations make provision about the government, administration and conditions of service of police reserve trainees.

Regulation 2 prescribes the length of the period which police reserve trainees must serve, and the other conditions with which police trainees must comply, before they can be appointed as reserve constables.

Regulation 3 makes provision about the restrictions which are, or may be, imposed on the private lives of police reserve trainees.

Regulation 4 makes provision about certain business interests which may be prohibited for police reserve trainees.

Regulations 5 to 8 make provision about the pay and allowances of police reserve trainees.

Regulation 9 makes provision for the termination of the period of service of a police trainee.

Regulation 10 confers power on the Chief Constable to make standing orders about police reserve trainees.

Regulation 11 allows the Chief Constable to delegate his functions under the regulations.

(1)

1998 c. 32

(2)

2000 c. 32

(3)

S.R. 2001 No. 140. Regulation 2A was inserted by the Police (Recruitment) (Northern Ireland) (Amendment) Regulations 2004 (S.R. 2004 No. 1). Other amendments have been made by S.R. 2002 No. 385 and S.R. 2003 No. 372

(4)

S.I. 1972/1265 (N.I. 14) as modified by S.I. 1978/1907 (N.I. 26)