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PART III |
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THE POLICE FORCE |
General functions of the police force. |
18. - (1) It shall be the general duty of members of the police force- |
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(a) to protect life and property; |
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(c) to prevent the commission of offences; |
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(d) where an offence has been committed, to take measures to bring the offender to justice. |
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(2) A member of the police force shall have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom waters. |
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(3) In subsection (2)- |
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(a) the reference to the powers and privileges of a constable is a reference to all the powers and privileges for the time being exercisable by a constable whether at common law or under any statutory provision; |
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(b) "United Kingdom waters" means the sea and other waters within the seaward limits of the territorial sea; |
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and that subsection, so far as it relates to the powers under any statutory provision, makes them exercisable throughout the adjacent United Kingdom waters whether or not the statutory provision applies to those waters apart from that subsection. |
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(4) Section 19 of the Northern Ireland Constitution Act 1973 (discrimination by public authorities) shall apply to members of the police force in the discharge of their functions as such. |
General functions of Chief Constable. |
19. - (1) The police force shall be under the direction and control of the Chief Constable. |
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(2) In discharging his functions, the Chief Constable shall have regard to the annual policing plan issued under section 17. |
Exercise of functions of Chief Constable in cases of absence, incapacity, etc. |
20. - (1) The Chief Constable shall, after consulting the Police Authority, designate a senior officer to exercise all the functions of the Chief Constable- |
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(a) during any absence, incapacity or suspension from duty of the Chief Constable; or |
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(b) during any vacancy in the office of Chief Constable. |
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(2) No more than one senior officer shall be authorised to act by virtue of a designation under subsection (1) at any one time; and an officer so authorised shall not have power to act by virtue of that subsection for a continuous period exceeding 3 months except with the consent of the Secretary of State. |
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(3) Subsection (1) is in addition to, and not in substitution for, any other statutory provision which makes provision for the exercise by any other person of functions of the Chief Constable. |
Appointment and removal of senior officers of RUC. |
21. - (1) The Police Authority shall, subject to the approval of the Secretary of State, appoint the Chief Constable. |
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(2) The Police Authority shall, subject to the approval of the Secretary of State and after consultation with the Chief Constable, appoint the other senior officers of the Royal Ulster Constabulary. |
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(3) The Police Authority- |
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(a) may, with the approval of the Secretary of State, call upon any senior officer of the Royal Ulster Constabulary to retire in the interests of efficiency or effectiveness; and |
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(b) without prejudice to the generality of paragraph (a), shall, if required by the Secretary of State, call upon the Chief Constable so to retire. |
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(4) Before granting his approval under subsection (3)(a) or making any requirement under subsection (3)(b) in relation to a senior officer, the Secretary of State shall- |
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(a) give the officer an opportunity to make, either personally or otherwise, representations to him; and |
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(b) where any such representations are made- |
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(i) appoint a person or persons to hold an inquiry and to report to him; and
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(ii) consider any report so made.
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(5) A copy of any report made under subsection (4) shall be made available to the senior officer concerned. |
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(6) The person appointed under subsection (4)(b) (or where two or more persons are so appointed, at least one of those persons) shall be a person who is not a member of the police force or a person employed in the civil service. |
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(7) The costs incurred in respect of an inquiry under this section shall be defrayed by the Secretary of State. |
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(8) A senior officer who is called upon to retire under this section shall retire- |
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(a) in the case of the Chief Constable, on such date as the Secretary of State may specify; and |
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(b) in the case of any other senior officer, on such date as the Police Authority may specify, |
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or (in either case) on such earlier date as may be agreed between the officer and the Police Authority. |
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(9) This section has effect subject to any regulations made under section 25. |
Appointment and promotion of other members of RUC. |
22. Appointments and promotions to any rank in the Royal Ulster Constabulary other than that of a senior officer shall be made, in accordance with regulations under section 25, by the Chief Constable. |
Reserve constables. |
23. The Chief Constable may, in accordance with regulations under section 26, appoint reserve constables and such reserve constables shall be known as the Royal Ulster Constabulary Reserve. |
Attestation of constables. |
24. Every member of the police force shall, on appointment, be attested as a constable by making before a justice of the peace a declaration in the form set out in Schedule 2. |
Regulations for RUC. |
25. - (1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of members of the Royal Ulster Constabulary. |
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(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to- |
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(a) the ranks to be held by members of the Royal Ulster Constabulary; |
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(b) the qualifications for appointment and promotion of members of the Constabulary; |
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(c) periods of service on probation; |
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(d) voluntary retirement of members of the Constabulary; |
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(e) the conduct, efficiency and effectiveness of members of the Constabulary and the maintenance of discipline; |
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(f) the suspension or dismissal of members of the Constabulary from membership of that Constabulary and from the office of constable; |
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(g) the maintenance of personal records of members of the Constabulary; |
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(h) the duties which are or are not to be performed by members of the Constabulary; |
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(i) the treatment as occasions of police duty of attendance at meetings of the Police Association and of any body recognised by the Secretary of State for the purposes of section 35; |
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(j) the hours of duty, leave, pay and allowances of members of the Constabulary; |
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(k) the pensions and gratuities in respect of service as a member of the Constabulary (including provision for the recognition for the purposes of such pensions and gratuities of service otherwise than as a member of the police force and for the payment and receipt of transfer values or of other lump sums made for the purpose of creating or restoring rights to such pensions and gratuities); and |
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(l) the issue, use and return of equipment. |
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(3) Without prejudice to the powers conferred by this section, regulations under this section shall- |
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(a) establish, or make provision for the establishment of, procedures for cases in which a member of the Royal Ulster Constabulary may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and |
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(b) make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) is decided by the Police Authority. |
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(4) Without prejudice to the powers conferred by this section, regulations under this section shall provide for appeals to an appeals tribunal by members of the Royal Ulster Constabulary who are dismissed, required to resign or reduced in rank- |
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(a) in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and |
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(b) in a case where there is a right of appeal to another person, by a decision of that person. |
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(5) In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (3)(b)- |
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(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or |
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(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations. |
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(6) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank. |
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(7) Where regulations made in accordance with subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make such amendments as appear to the Secretary of State to be necessary or expedient to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary. |
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(8) The Secretary of State shall consult both the Police Authority and the Police Association before making any regulations under this section, other than regulations made by virtue of subsection (2)(j), (k) or (l). |