(1)For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment –
(a)by the chief officer of police as respects any act done by him in relation to that office or a holder of it;
(b)by the police authority 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 otherwise than as a police officer shall be treated as employment by the chief officer of police (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 the police fund –
(a)any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II [F2or 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 a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority.
(4)A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund –
(a)any compensation, damages or costs awarded in proceedings under Part II [F2or III] against a person under the direction and control of the chief officer of police;
(b)any costs incurred and not recovered by such a person 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.
(5)A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4).
[F3(6)Subject to subsection (8), in this section in relation to any body of constables—
(a)“chief officer of police” means the person who has the direction and control of the body;
(b)“police authority” means the authority by which the members of the body are paid; and
(c)“police fund” means money provided by that authority.]
(7)Nothing in subsections (3) to (6) applies in relation to the police.
(8)In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.]
Textual Amendments
F1S. 64A, 64B inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 25
F2Words in s. 64B(3)(4) inserted (9.11.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 6; S.R. 2007/466, art. 2
F3S. 64B(6) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178(8), Sch. 4 para. 67; S.I. 2006/378, art. 4(1) (subject to art. 4(2)-(7))