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Part 1N.I.Policing

Police functions and serviceN.I.

26Protected disclosures by police officersN.I.

(1)After Article 67K of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.16)) insert—

67KAApplication of Part VA and related provisions to police

(1)Paragraph (2) applies for the purposes of—

(a)this Part,

(b)Article 70B and Articles 71 and 72 so far as relating to that Article, and

(c)Article 134A and the other provisions of Part XI so far as they relate to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of Article 134A.

(2)A person who holds, otherwise than under a contract of employment, the office of constable shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly.

(3)In this Article “the relevant officer”—

(a)in relation to a police officer, means the Chief Constable;

(b)in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the NationalCriminal Intelligence Service; and

(c)in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.

(2)In Article 243(1) of that Order (provisions which do not apply to persons engaged in police service under a contract of employment)—

(a)omit the words “Part VA,”;

(b)after “Articles 132” insert “ , 134A ”;

(c)after “Article 132” insert “ or 134A ”

(3)Article 16 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.

(4)Subsections (1) to (3) come into force in accordance with provision made by the Secretary of State by order.

Commencement Information

I1S. 26 partly in force; s. 26(4) in force at Royal Assent, see s. 26(4)

I2S. 26(1)-(3) in force at 15.12.2004 by S.R. 2004/501, art. 2