Part VIN.I. The police

Trainees and cadetsN.I.

39 Appointment of police trainees.N.I.

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.

40 Appointment of police reserve trainees.N.I.

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.

41 Status etc. of trainees.N.I.

(1)The following provisions of the Police Acts (and no others) shall apply to a police trainee and a police reserve trainee as they apply to a police officer—

(a)in the 1998 Act—

(i)section 29 (liability of Chief Constable for wrongful acts);

(ii)section 32 (representation by Police Association);

(iii)section 35 (membership of trade unions);

(iv)section 67 (impersonation);

(v)section 68 (causing disaffection);

(b)in this Act—

(i)section 33(1) (direction and control by Chief Constable);

(ii)section 51 (notifiable memberships).

(2)Any statutory provision (including one amended by Schedule 5) which for any purpose treats a police officer as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police trainee and a police reserve trainee as it applies in relation to a police officer.

(3)The [F1Department of Justice] may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.

[F2(3A)Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision—

(a)imposing requirements as to nationality, age, skills, competencies and physical and mental fitness;

(b)as to the grounds on which a person is ineligible for appointment.]

(4)Regulations under subsection (3) may—

(a)provide for the application to police trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 25 of the 1998 Act;

(b)provide for the application to police reserve trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 26 of the 1998 Act.

(5)In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the [F3Department of Justice], the Board, the Chief Constable or other persons; or

(b)authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6)The [F4Department of Justice] shall consult both the Board and the Police Association before making any regulations under subsection (3).

Textual Amendments

Modifications etc. (not altering text)

C1S. 41 restricted by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74(a), Sch. 5 para. 1(4)); S.R. 2001/396, art. 2, Sch.)

S. 41 modified (temp.) (30.7.2001) by S.I. 2001/2513, art. 2

42 Police cadets.N.I.

(1)The Board may, with the approval of the Chief Constable, appoint persons as police cadets to undergo training with a view to becoming police officers.

(2)Police cadets shall be appointed on such terms and conditions as the [F5Department of Justice] may determine.

(3)Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.

Textual Amendments