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Police (Northern Ireland) Act 1998
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- 1998 c. 32
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Valid from 01/04/1999
29 Liability for wrongful acts of constables.N.I.
(1)The Chief Constable shall be liable in respect of torts committed by members of the police force under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
(2)There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5)—
(a)any damages or costs awarded against the Chief Constable in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in those proceedings; and
(b)any sum required in connection with the settlement of any claim made against the Chief Constable by virtue of this section, if the settlement is approved by the Police Authority.
(3)The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay—
(a)any damages or costs awarded against a member of the police force in proceedings for a tort committed by that member;
(b)any costs incurred and not recovered by a member of the police force 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 Police Authority.
(4)The Chief Constable may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in subsection (3).
(5)This section applies to persons serving with the Royal Ulster Constabulary by virtue of section 98 of the M1Police Act 1996 or section 23 of the M2Police Act 1997 as it applies to members of the police force.
Modifications etc. (not altering text)
C1S. 29 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(i); S.R. 2001/132, art. 2, Sch.
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