Sex Discrimination (Northern Ireland) Order 1976

[F1The Police Service of Northern Ireland and the Police Service of Northern Ireland ReserveN.I.

84.—(1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment—

(a)by the Chief Constable as respects any act done by him in relation to that office or a holder of it;

(b)by the Policing Board as respects any act done by it in relation to that office or the holder of it.

(2) Regulations under section 25 or 26 of the Police (Northern Ireland) Act 1998 or section 41 of the Police (Northern Ireland) Act 2000 shall not treat men and women differently except—

(a)as to requirements relating to uniform or equipment or allowances in lieu of uniform or equipment;

(b)so far as special treatment is accorded to women in connection with pregnancy or childbirth; or

(c)in relation to pensions.

(3) Nothing in Part II renders unlawful any discrimination between male and female constables as to matters such as are mentioned in paragraph (2)(a).

(4) For the purposes of Article 42—

(a)the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and

(b)anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(5) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000—

(a)any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him the proceedings; and

(b)any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board.

(6) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay—

(a)any compensation, damages or costs awarded in proceedings under this Order against a police officer;

(b)any costs incurred and not recovered by a police officer 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 Policing Board.

(7) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (6).

(8) Paragraphs (1) and (4) to (7)—

(a)apply in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or[F2section 23 or 24 of the Serious Organised Crime and Police Act 2005] as they apply in relation to a police officer;

(b)apply in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if—

(i)in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman;

(ii)in paragraphs (4), (6) and (7) the references to the Chief Constable were references to the Ombudsman.]