Part VIII Miscellaneous

64APolice

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F164APolice Service of Northern Ireland and the Police Service of Northern Ireland Reserve

(1)

For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment –

(a)

by the Chief Constable as respects any act done by him in relation to that office or a holder of it;

(b)

by the Policing Board as respects any act done by it in relation to that office or the holder of it.

(2)

For the purposes of section 58 –

(a)

the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and

(b)

anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3)

There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 F2 –

(a)

any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II F3or III, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)

any sum required by the Chief Constable for the settlement of any claim made against him under Part II F3or III if the settlement is approved by the Policing Board.

(4)

The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay –

(a)

any compensation, damages or costs awarded in proceedings under Part II F3or III against a police officer;

(b)

any costs incurred and not recovered by a police officer in such proceedings; and

(c)

any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board.

(5)

The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in subsection (4).

(6)

This section –

(a)

applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 F4or F5section 23 or 24 of the Serious Organised Crime and Police Act 2005 as it applies in relation to a police officer;

(b)

applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 F6 is under the direction and control of the Police Ombudsman for Northern Ireland as if –

(i)

in subsection (1) the reference to the Chief Constable included a reference to the Ombudsman;

(ii)

in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman.