Police Trainee (Amendment) Regulations (Northern Ireland) 2008

Business interests

3.—(1) Regulation 10 of the trainee regulations (business interests incompatible with service as police trainee) shall be amended as follows.

(2) In paragraph (1) omit the words “or a relative included in his family”.

(3) After paragraph (1) insert—

“(1A) If a police trainee is or becomes aware that a relative proposes to have, or has, a business interest within the meaning of that regulation, which in the opinion of that police trainee would interfere, or could be seen as interfering with, the impartial discharge of his duties as a constable on completion of his service as a police trainee, then that police trainee shall forthwith give notice of that interest to the Chief Constable, unless that business interest was disclosed at the time of his appointment as a police trainee.

(1B) In a case where it appears to the Board that—

(a)the police trainee has adduced substantive reasons why he or a relative should be permitted to have the business interest in question and those reasons have not been considered by the Chief Constable, or

(b)in reaching his determination under paragraph (2) the Chief Constable failed to apply fair procedures, then the Board may refer the matter back to the Chief Constable for redetermination under paragraph (2).”

(4) In paragraph (2)—

(a)after “notice given under paragraph (1)” insert “or (1A) or a referral given under paragraph (1B)”; and

(b)after “receipt of the notice” insert “or referral”.

(5) For paragraph (5) (result of appeal under paragraph (3)) substitute—

“(5) Where a police trainee has appealed to the Board under paragraph (3), the Board shall give him notice of its determination of the appeal within 28 days of—

(a)receiving his comments on the notice and any other documents submitted by the Chief Constable under paragraph (4), or

(b)the expiration of the period afforded for making comments if none have by then been received.

(5A) Where, on an appeal by a police trainee under paragraph (3)—

(a)the Board gives notice to the police trainee of its determination to uphold the decision of the Chief Constable, and

(b)within 10 days of being so notified, or within such longer period as the Board may in all the circumstances allow, the police trainee makes written request to the Board for the reference of the matter to the Secretary of State,

the matter shall be so referred and, unless and until the determination of the Board is confirmed by the Secretary of State, it shall be of no effect and in particular, no action in pursuance thereof shall be taken under paragraph (6).”

(6) In paragraph (6)—

(a)omit “included in his family,”; and

(b)for “paragraph (5)” substitute “paragraph (5A)” .

(7) In paragraph (7)—

(a)omit “included in his family”; and

(b)after “paragraph (1)” insert “or (1A)”.

(8) For paragraph (8) (meaning of “relative included in the family”) substitute—

“(8) For the purposes of this regulation, “relative”, in relation to a police trainee, means—

(a)the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that police trainee or that police trainee’s spouse or former spouse, or

(b)the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or the half blood or by affinity) of that police trainee or that police trainee’s spouse or former spouse,

and includes, in relation to a police trainee who is living or has lived with another person as husband and wife, any person who would fall within sub-paragraph (a) or (b) if the parties were married to each other.”