Anti-social Behaviour, Crime and Policing Act 2014

Valid from 01/09/2014

134 Consultation about regulations: Northern Ireland N.I.

(1) In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the Police Service of Northern Ireland)—

(a) in subsection (8), the words “, other than regulations made by virtue of subsection (2)(j), (k) or (l)” are omitted;

(b) after that subsection there is inserted—

“(9) Subsection (8) does not apply to—

(a) regulations made by virtue of subsection (2)(k), as to which the Department of Justice shall invite the views of the Police Advisory Board for England and Wales, or

(b) regulations made by virtue of subsection (2)(j) or (l), as to which section 25A applies.”

(2) After that section there is inserted—

“25A Regulations about hours, leave, pay or equipment: consultation etc

(1) This section applies where the Department of Justice is proposing to make regulations under section 25 by virtue of subsection (2)(j) or (l) of that section.

(2) In the case of regulations concerning officers of or below the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

(a) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996, and

(b) consider that body's report on the matter.

(3) In the case of regulations concerning officers above the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

(a) consider advice on the matter from the Senior Salaries Review Body, or

(b) where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter.

(4) This subsection applies where—

(a) the regulations would affect officers who are not above the rank of chief superintendent as well as those who are, and

(b) the Department of Justice thinks that it would be preferable for the matter to be considered by the same body.

(5) The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if Department of Justice considers that—

(a) there is not enough time to do so because the need to make the regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the proposed regulations.

(6) In all cases, before making the regulations the Department of Justice shall supply a draft of them to, and consider any representations made by—

(a) the Board,

(b) the Police Association, and

(c) the Chief Constable of the Police Service of Northern Ireland.

(7) The Department of Justice may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).”

(3) In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and police reserve trainees)—

(a) at the end of subsection (6) there is inserted “, other than regulations to which subsection (8) applies”;

(b) after that subsection there is inserted—

“(7) Subsection (8) applies to regulations under subsection (3), concerning police trainees, on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment.

(8) Before making any such regulations the Department of Justice shall—

(a) (subject to subsection (9)) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter, and

(b) supply a draft of the regulations to, and consider any representations made by—

(i) the Board,

(ii) the Police Association, and

(iii) the Chief Constable of the Police Service of Northern Ireland.

(9) The duty in subsection (8)(a) does not apply if the Department of Justice considers that—

(a) there is not enough time to refer to the matter to the Police Remuneration Review Body because the need to make the regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the proposed regulations.”