Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41)

SCHEDULES

SCHEDULE 1 U.K. The ICRIR, the Commissioners and ICRIR officers

PART 5 U.K. ICRIR officers

Seconded ICRIR officers U.K.

17 (1) Seconded ICRIR officers are under the direction and control of the ICRIR in the same way as employed ICRIR officers.

(2) In the case of the secondment of a member of a police force to be a seconded ICRIR officer—

(a) arrangements for the secondment are to be made with the chief officer of that police force; and

(b) the arrangements must provide for the ICRIR to pay the policing body responsible for that police force the amount that is specified in, or determined in accordance with, the arrangements.

(3) If a seconded ICRIR officer is a constable in any police force, the powers and privileges which that person has by virtue of being a constable are not exercisable in Northern Ireland—

(a) from the time when the person becomes an ICRIR officer;

(b) but are revived if the person—

(i) ceases to be an ICRIR officer, and

(ii) returns to service as a constable.

(4) Sub-paragraph (3) ceases to apply to a person who resigns from, or otherwise ceases to hold, the office of constable.

(5) Service as a seconded ICRIR officer is—

(a) relevant service for the purposes of section 27 of the Police (Northern Ireland) Act 1998 (members of the PSNI engaged on other police service), if the person seconded is a member of the PSNI,

(b) relevant service for the purposes of section 97 of the Police Act 1996 (police officers engaged on service outside their force), if the person seconded is a member of a police force as defined in section 101 of that Act), and

(c) temporary service outwith the Police Service of Scotland under section 15(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8), if the person seconded is a constable in the Police Service of Scotland.

(6) If a member of the PSNI is a seconded ICRIR officer, the application of—

(a) section 35 of the Police (Northern Ireland) Act 1998, or

(b) any provision under the law of England and Wales or Scotland that has a corresponding effect,

to the person does not affect the person’s ability, as an ICRIR officer, to be a member of any trade union or association.

(7) In this paragraph—

• “chief officer” means—

  (a)

  the Chief Constable of the PSNI, in the case of the secondment of a member of the PSNI, or

  (b)

  the chief officer of a police force in Great Britain, in the case of the secondment of a member of the force;

• “police force” means—

  (a)

  the PSNI, or

  (b)

  a police force in Great Britain;

• “policing body responsible for” a police force means—

  (a)

  in the case of the PSNI, the Northern Ireland Policing Board;

  (b)

  in the case of a police force maintained under section 2 of the Police Act 1996, the Police and Crime Commissioner for the police area for which that force is maintained;

  (c)

  in the case of the metropolitan police force, the Mayor’s Office for Policing and Crime;

  (d)

  in the case of the City of London police force, the Common Council of the City of London as police authority for the City of London police area;

  (e)

  in the case of the Police Service of Scotland, the Scottish Police Authority;

  (f)

  in the case of the Ministry of Defence Police, the Secretary of State;

  (g)

  in the case of the British Transport Police, the British Transport Police Authority.

Commencement Information

I1 Sch. 1 para. 17 not in force at Royal Assent, see s. 63(4)

I2 Sch. 1 para. 17 in force at 1.12.2023 by S.I. 2023/1293, reg. 2(a)