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| Attestation of constables. |
36. 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 following form-
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" I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all individuals; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof according to law.".
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Trainees and cadets |
| Appointment of police service trainees. |
37. The Chief Constable shall, in accordance with regulations under section 39(3), appoint police service trainees.
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| Appointment of police service reserve trainees. |
38. The Chief Constable shall, in accordance with regulations under section 39(3), appoint police service reserve trainees.
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| Status, etc. of trainees. |
39. - (1) The following provisions of the Police Acts (and no others) shall apply to a police service trainee and a police service reserve trainee as they apply to a member of the police force namely-
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(i) section 29 (liability of Chief Constable for wrongful acts);
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(ii) section 32 (representation by Police Association);
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(iii) section 35 (membership of trade unions);
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(iv) section 67 (impersonation);
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(v) section 68 (causing disaffection);
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(i) section 31(1) (direction and control by Chief Constable);
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(ii) section 47 (registration of associations).
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(2) Any statutory provision (including one amended by Schedule 4) which for any purpose treats a member of the police force as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police service trainee and a police service reserve trainee as it applies in relation to a member of the police force.
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(3) The Secretary of State may make regulations as to the government, administration and conditions of service of police service trainees and police service reserve trainees.
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(4) Regulations under subsection (3) may-
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(a) provide for the application to police service trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 25 of the 1998 Act; |
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(b) provide for the application to police service reserve trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 26 of the 1998 Act. |
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(5) In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may-
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(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Board, 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) The Secretary of State shall consult both the Board and the Police Association before making any regulations under subsection (3).
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| Police cadets. |
40. - (1) The Board may, with the approval of the Chief Constable, appoint persons as police cadets to undergo training with a view to becoming members of the police force.
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(2) Police cadets shall be appointed on such terms and conditions as the Secretary of State may determine.
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(3) Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.
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Recruitment arrangements |
| Contracting-out of certain recruitment functions of Chief Constable. |
41. - (1) The Chief Constable may, in accordance with regulations made by the Secretary of State, appoint a person to exercise prescribed functions of the Chief Constable in connection with the recruitment of persons for appointment-
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(a) as police service trainees; |
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(b) as police service reserve trainees; and |
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(c) under section 3(3) to posts in the police support staff. |
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(2) Before making any regulations under subsection (1) the Secretary of State shall consult-
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(b) the Chief Constable; and |
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(c) the Police Association. |
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(3) Regulations under subsection (1)-
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(a) shall provide for the appointment of a person under that subsection to be made on such terms and conditions (including conditions as to payment) as may be determined in accordance with the regulations; |
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(b) may impose on any person appointed under that subsection such duties as appear to the Secretary of State to be necessary or expedient in connection with the exercise by that person of any prescribed functions of the Chief Constable. |
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(4) Anything done or omitted to be done by or in relation to a person appointed under subsection (1) (or an employee of his) in, or in connection with, the exercise or purported exercise of any prescribed functions of the Chief Constable shall be treated for all purposes as done or omitted to be done by or in relation to the Chief Constable.
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(5) Subsection (4) does not apply-
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(a) for the purposes of so much of any contract made between the Chief Constable and the person appointed under subsection (1) as relates to the exercise of any prescribed functions of the Chief Constable; or |
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(b) for the purpose of any criminal proceedings brought in respect of anything done or omitted to be done by the person appointed under subsection (1) (or an employee of his). |
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(6) In this section "prescribed" means prescribed by regulations under subsection (1).
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