Part VIII Miscellaneous

F464APolice

 

1

For the purposes of Part 2, the holding of the office of constable shall be treated as employment—

a

by the chief officer of police as respects any act done by him in relation to a constable or that office;

b

by the police authority as respects any act done by them in relation to a constable or that office.

2

For the purposes of section 58—

a

the holding of the office of constable shall be treated as employment by the chief officer of police (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.

3

There shall be paid out of the police fund—

a

any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under Part 2, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

b

any sum required by a chief officer of police for the settlement of any claim made against him under Part 2 if the settlement is approved by the police authority.

4

Any proceedings under Part 2 which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against—

a

the chief officer of police for the time being, or

b

in the case of a vacancy in that office, against the person for the time being performing the functions of that office;

and references in subsection (3) to the chief officer of police shall be construed accordingly.

5

A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

a

any compensation, costs or expenses awarded in proceedings under Part 2 of this Act against a person under the direction and control of the chief officer of police;

b

any costs or expenses incurred and not recovered by such a person 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.

6

Subsections (1) and (2) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.

7

Subject to subsection (8), in this section—

  • “chief officer of police”—

    1. a

      in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996 F6,

    2. b

      in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 F7 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,

    3. c

      in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 F8, means the chief constable of the relevant police force,

    4. d

      in relation to any other person or appointment means the officer or other person who has the direction and control of the body of constables or cadets in question;

  • “police authority”—

    1. a

      in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996,

    2. b

      in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997, means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,

    3. c

      in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967, has the meaning given in that Act,

    4. d

      in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;

  • “police cadet” means any person appointed to undergo training with a view to becoming a constable;

  • “police fund”—

    1. a

      in relation to a chief officer of police within paragraph (a) of the above definition of that term, has the same meaning as in the Police Act 1996,

    2. b

      in relation to a chief officer of police within paragraph (b) of that definition, means the service fund established under section 16 or (as the case may be) section 61 of the Police Act 1997, and

    3. c

      in any other case means money provided by the police authority;

  • “specified Act” means the Metropolitan Police Act 1829 F9, the City of London Police Act 1839 F10 or the Police Act 1996.

8

In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.

F564APolice Service of Northern Ireland and the Police Service of Northern Ireland Reserve

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

For the purposes of section 58 –

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.

3

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 F1 –

a

any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

b

any sum required by the Chief Constable for the settlement of any claim made against him under Part II if the settlement is approved by the Policing Board.

4

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 Part II 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.

5

The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in subsection (4).

6

This section –

a

applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 F2 or section 23 of the Police Act 1997 F11 as it applies in relation to a police officer;

b

applies 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 F3 is under the direction and control of the Police Ombudsman for Northern Ireland as if –

i

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

ii

in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman.