Police (Recruitment) (Northern Ireland) (Amendment) Regulations 2004

Made: 6th January 2004

To be laid before Parliament

Coming into operation: 8th February 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 25 and 26 of the Police (Northern Ireland) Act 1998[^f00001] and section 44 of the Police (Northern Ireland) Act 2000[^f00002], and after consulting the Northern Ireland Policing Board, the Chief Constable, the Equality Commission for Northern Ireland and the Police Association for Northern Ireland, hereby makes the following Regulations:

Citation and commencement

1

• (1) These regulations may be cited as the Police (Recruitment) (Northern Ireland) (Amendment) Regulations 2004.

• (2) These regulations shall come into operation on 8th February 2004.

Appointment as police reserve trainee: prohibited business interests

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of vetting panel

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In regulation 12 of those regulations (vetting panel) –

• (a) in paragraph (1) (function of panel) for the words from “function” to the end there shall be substituted

• functions shall be to decide, in any case which is referred to it, on his behalf and subject to his direction and control –on the suitability of any candidate for appointment as a police trainee or police reserve trainee;whether a candidate is ineligible for appointment as a police trainee or police reserve trainee by virtue of any of the provisions mentioned in regulation 2(2)(e).

• (b) in paragraph (1A) (decision that candidate is unsuitable must be taken by panel) after “unsuitable” there shall be inserted “or, by virtue of any of the provisions mentioned in regulation 2(2)(e), ineligible,”; and

• (c) in paragraph (5) (right to seek review of decision that candidate not suitable) after “suitable” there shall be inserted “or eligible”.

• (3) In regulation 13 of those regulations (independent assessor) –

• (a) in paragraph (6) (panel to reconsider decision about suitability of candidate) after “suitability” there shall be inserted “or eligibility”; and

• (b) in paragraph (8) (information for candidate following review) for “whether he is suitable for appointment following the review of the Independent Assessor” there shall be substituted –

(a) following the review by the Independent Assessor of a decision about his suitability, whether he is suitable for appointment, or (b) following the review by the Independent Assessor of a decision about his eligibility, whether he is ineligible for appointment by virtue of a provision mentioned in regulation 2(2)(e),

Signed

Paul Murphy — One of Her Majesty’s Principal Secretaries of State — 6th January 2004

Explanatory note

(This note is not part of the Regulations.)

These regulations amend the Police (Recruitment) (Northern Ireland) Regulations 2001 by providing that the holding of a prohibited business interest is a bar on appointment as a police reserve trainee and thus on appointment as a member of the PSNI Reserve. Business interests of the descriptions mentioned in new regulation 2A(2) of the Police (Recruitment) (Northern Ireland) Regulations 2001 are prohibited if they could reasonably be regarded as affecting a person’s ability to discharge his duties as a reserve constable in accordance with the Police Service of Northern Ireland Code of Ethics.

These regulations also amend the functions of the vetting panel established under regulation 12 of the Police (Recruitment) (Northern Ireland) Regulations 2001. The Chief Constable may already refer to the panel the question of the suitability of a candidate for appointment as a police trainee or a police reserve trainee. These regulations clarify the role of the panel on the question of eligibility for appointment under the rules on business interests and criminal convictions.

Footnotes

[^f00001]: 1998 c. 32

[^f00002]: 2000 c. 32

Editorial notes

[^key-53becd5738f461f263296bf3d46f6990]: Reg. 3 in operation at 8.2.2004, see reg. 1(2)

[^key-eb4485874f6660b9b05838e2ed52e758]: Reg. 1 in operation at 8.2.2004, see reg. 1(2)

[^key-d5395f2a0248888389919a9a156b8551]: Reg. 2 revoked (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 7(2)(a)

[^key-8bca8ff5f9b5e8cae25aad79bcb7ccf8]: Reg. 3(1) revoked (31.12.2009) by Police Reserve Trainee (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/391), regs. 1(2), 7(2)(b)