POLICE TRAINEE REGULATIONS (NORTHERN
IRELAND) 2001 (S.R. 2001/369)
17.The Committee draws the special attention
of both Houses to these Regulations on the grounds that they fail
to comply with proper drafting practice and are defectively drafted.
18.Regulation 10(5) consists of a single sentence
of 10 lines dealing with two issues: the duty of the Northern
Ireland Policing Board to determine an appeal made to it and notify
the result to the appellant, and the right of an unsuccessful
appellant to refer the matter to the Secretary of State and the
consequences of such a reference being made. The Committee considered
this to be an unnecessarily long and complex provision, and asked
the Northern Ireland Department why these two matters were not
dealt with in separate paragraphs to assist the reader. In a memorandum
printed at Appendix 6, the Department accepts that the provision
could have been drafted in a more digestible manner, but states
that it has sought to make identical provision to that contained
in the Royal Ulster Constabulary Regulations 1996, which it is
19.The present Regulations are also defectively drafted
in six respects.
- Regulation 10(5) requires the Chief Constable
to give "written notice"; but "written" is
redundant as "notice" is defined in regulation 2 as
meaning notice in writing.
- Regulation 10(1) requires disclosure of any existing
or proposed business interest of a police trainee "or a relative
included in his family", and regulation 10(8) defines a relative
as including his spouse, parent, son, daughter, brother or sister,
but does not say who is not included.
- Regulation 14(1) defines "expected date
of birth" for the purposes of that regulation, but the expression
is not used there, although it is used without definition in regulation
- Regulation 14(4) refers to a certificate "produced
under paragraph (3)", but paragraph (3) deals only with the
case where the person requested to produce a certificate fails
to do so.
- Regulation 14(7) states that, subject to specified
provisions, maternity leave shall continue until the last day
of the "maternity leave". This should read "maternity
- Regulation 25(1)(b) provides that a police trainee
who incurs certain medical charges may be reimbursed the charges
if they are incurred by reason of an injury which "in
the opinion of the Chief Constable (i) would not have been received
had the trainee not been known to be a police trainee or (ii)
is an injury to which [sub-]paragraph (i) may apply, and should
be treated as one to which [sub-]paragraph (ii) does apply".
The Department acknowledges that the final reference to sub-paragraph
(ii) is erroneous, but does not acknowledge that sub-paragraph
(ii) fails properly to express the intended meaning. It should
have referred to an injury which may be, and should be, treated
as being one described in sub-paragraph (i).
20.The Department indicates that most of the errors
identified in this report are also to be found in the 1996 Regulations.
With one exception, it undertakes to correct the 1996 Regulations
in the course of its review of them and to correct these Regulations
at the earliest opportunity. But, as regards the definition of
"relative" in regulation 10(8), the Department undertakes
only to consider the Committee's concern. In the Committee's view
the meaning of "relative" in both Regulations needs
to be made clear, and it urges the Department to make appropriate
21.The Committee accordingly reports regulation
10(5) for failing to comply with proper drafting practice, as
acknowledged by the Department, and reports the provisions enumerated
above for defective drafting, in all but one case acknowledged
by the Department.