- Latest available (Revised)
- Point in Time (04/11/2001)
- Original (As enacted)
Version Superseded: 17/06/2002
Point in time view as at 04/11/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Police (Northern Ireland) Act 1998, Section 27 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of this section “relevant service” means—
(a)service in a police force in Great Britain, on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable and the Secretary of State;
(b)temporary service with the National Criminal Intelligence Service on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;
(c)temporary service with the Police Information Technology Organisation on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;
(d)temporary service on which a member of [F1the Police Service of Northern Ireland] is engaged in accordance with arrangements under section 8 of this Act;
(e)temporary service as an inspector of constabulary under section 56 of the M1Police Act 1996 on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;
(f)temporary service under the Crown in connection with the provision by the Secretary of State of such organisations and services as are described in section 57 of the M2Police Act 1996, on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;
(g)service the expenses of which are payable under section 1(1) of the M3Police (Overseas Service) Act 1945, on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable; or
(h)service pursuant to an appointment under section 10 of the M4Overseas Development and Co-operation Act 1980, on which a member of [F1the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable.
(2)In this section “member ofthe Police Service of Northern Ireland” does not include the Chief Constable.
(3)Subject to subsections (4) to (7), a member of [F1the Police Service of Northern Ireland] engaged on relevant service shall be treated as if he were not a member of [F1the Police Service of Northern Ireland] during that service; but, except where a pension, allowance or gratuity becomes payable to him by virtue of regulations under section 25—
(a)he shall be entitled at the end of the period of relevant service to revert to [F1the Police Service of Northern Ireland] in the rank in which he was serving immediately before that period began; and
(b)he shall be treated as if he had been serving in [F1the Police Service of Northern Ireland] during the period of relevant service for the purpose of any scale prescribed by or under regulations made under section 25 fixing his rate of pay by reference to his length of service.
(4)A member of [F1the Police Service of Northern Ireland] may, when engaged on relevant service, be promoted in [F1the Police Service of Northern Ireland], as if he were serving in it; and in any such case—
(a)the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted; and
(b)for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.
(5)A member of [F1the Police Service of Northern Ireland] who—
(a)while engaged on relevant service within subsection (1)(a), is dismissed from that service or is required to resign as an alternative to dismissal; or
(b)has completed a period of relevant service within subsection (1)(b), (c), (d), (e), (f) or (h); or
(c)while engaged on relevant service within subsection (1)(g), is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the M5Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal,
may be dealt with under regulations made in accordance with section 25(3) for anything done or omitted while he was engaged on that service as if that service had been service in [F1the Police Service of Northern Ireland].
(6)For the purposes of subsection (5)(a), a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified if it is given by or on behalf of the chief officer of the police force in which that person was engaged in relevant service.
(7)A member of [F1the Police Service of Northern Ireland] engaged on relevant service within subsection (1)(b) or (c)—
(a)shall continue to be a constable; and
(b)shall be treated for the purposes of sections F2. . ., 32, 33, 35 and 67 of this Act [F3and section 32 of the Police (Northern Ireland) Act 2000] as if he were a member of [F1the Police Service of Northern Ireland].
(8)The Secretary of State shall be liable in respect of torts committed by a member of [F1the Police Service of Northern Ireland] engaged on relevant service within subsection (1)(e) or (f) in the performance or purported performance of his functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
[F4(9)The preceding provisions of this section apply to a police officer serving in the Police Service of Northern Ireland Reserve as they apply to a police officer serving in the Police Service of Northern Ireland, but with the substitution—
(a)for references to the Police Service of Northern Ireland of references to the Police Service of Northern Ireland Reserve;
(b)for the references in subsection (3) to section 25 of references to section 26; and
(c)for the reference in subsection (5) to section 25(3) of a reference to section 26(3).]
Textual Amendments
F1Words in s. 27 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.
F2Words in s. 27(7)(b) omitted (4.11.2001) by virtue of 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(c); S.R. 2001/396, art. 2, Sch.
F3Words in s. 27(7)(b) inserted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(c); S.R. 2001/396, art. 2, Sch.
F4S. 27(9) added (30.3.2001) by 2000 c. 32, s. 50; S.R. 2001/132, art. 2, Sch.
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: