Police (Northern Ireland) Bill - continued        House of Lords
PART VI, THE POLICE - continued
Trainees and cadets - continued

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Appointment of police reserve trainees.     40. The Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.
 
Status etc. of trainees.     41. - (1) The following provisions of the Police Acts (and no others) shall apply to a police trainee and a police reserve trainee as they apply to a police officer-
 
 
    (a) in the 1998 Act-
 
      (i) section 29 (liability of Chief Constable for wrongful acts);
 
      (ii) section 32 (representation by Police Association);
 
      (iii) section 35 (membership of trade unions);
 
      (iv) section 67 (impersonation);
 
      (v) section 68 (causing disaffection);
 
    (b) in this Act-
 
      (i) section 33(1) (direction and control by Chief Constable);
 
      (ii) section 49 (registration of associations).
      (2) Any statutory provision (including one amended by Schedule 5) which for any purpose treats a police officer as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police trainee and a police reserve trainee as it applies in relation to a police officer.
 
      (3) The Secretary of State may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.
 
      (4) Regulations under subsection (3) may-
 
 
    (a) provide for the application to police 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;
 
    (b) provide for the application to police 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.
      (5) In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may-
 
 
    (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
 
    (b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.
      (6) The Secretary of State shall consult both the Board and the Police Association before making any regulations under subsection (3).
 
Police cadets.     42. - (1) The Board may, with the approval of the Chief Constable, appoint persons as police cadets to undergo training with a view to becoming police officers.
 
      (2) Police cadets shall be appointed on such terms and conditions as the Secretary of State may determine.
 
      (3) Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.
 
 
Recruitment arrangements
Contracting-out of certain recruitment functions of Chief Constable.     43. - (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 other than-
 
 
    (a) senior officers, and
 
    (b) members of the police support staff appointed under section 4(2).
      (2) Before making any regulations under subsection (1) the Secretary of State shall consult-
 
 
    (a) the Board;
 
    (b) the Chief Constable;
 
    (c) the Equality Commission for Northern Ireland; and
 
    (d) the Police Association.
      (3) Regulations under subsection (1)-
 
 
    (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;
 
    (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.
      (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.
 
      (5) Subsection (4) does not apply-
 
 
    (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
 
    (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).
      (6) In this section "prescribed" means prescribed by regulations under subsection (1).
 
Recruitment arrangements.     44. - (1) The Secretary of State shall by regulations prescribe the arrangements to be made, by the Chief Constable or a person appointed under section 43(1), for the recruitment of persons for appointment-
 
 
    (a) as police trainees;
 
    (b) as police reserve trainees; and
 
    (c) under section 4(3) to posts in the police support staff.
      (2) Before making any regulations under subsection (1) the Secretary of State shall consult-
 
 
    (a) the Board;
 
    (b) the Chief Constable;
 
    (c) the Equality Commission for Northern Ireland; and
 
    (d) the Police Association.
      (3) The regulations shall include provision for-
 
 
    (a) the advertising of vacancies;
 
    (b) the information to be provided by applicants;
 
    (c) the tests to be undertaken by applicants;
 
    (d) the vetting of applicants;
 
    (e) the review, in prescribed circumstances, of decisions taken under the regulations;
 
    (f) prescribed functions under the regulations to be exercised by persons who are, or include, persons who are not, and have not at any time been-
 
      (i) police officers;
 
      (ii) members of the police support staff; or
 
      (iii) members of the Board.
      (4) In relation to the recruitment of persons for appointment as police trainees, the regulations shall include provision for the selection of qualified applicants to form a pool of applicants for the purposes of section 45(1).
 
      (5) In relation to the recruitment of persons for appointment under section 4(3) to relevant posts in the police support staff, the regulations shall include provision for the selection of qualified applicants to form a pool of applicants for the purposes of section 45(4).
 
      (6) For the purposes of subsection (5) and section 45(4) a post in the police support staff is a relevant post if at the time the vacancy for that post is advertised it appears to the Chief Constable that it is one of at least 6 vacancies for posts in the police support staff which are-
 
 
    (a) at the same level; and
 
    (b) to be filled at or about the same time.
      (7) In this section "prescribed" means prescribed by regulations under subsection (1).
 
 
Temporary provisions concerning composition of the police
Discrimination in appointments.     45. - (1) In making appointments under section 39 on any occasion, the Chief Constable shall appoint from the pool of qualified applicants formed for that purpose by virtue of section 44(4) an even number of persons of whom-
 
 
    (a) one half shall be persons who are treated as Roman Catholic; and
 
    (b) one half shall be persons who are not so treated.
      (2) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend subsection (1) in its application to the making of appointments under section 39 on any occasion specified in the order.
 
      (3) The Secretary of State shall not make an order under subsection (2) in relation to the making of appointments under section 39 on any occasion unless he is satisfied that-
 
 
    (a) were those appointments to be made in compliance with subsection (1) (as originally enacted) the number of police trainees which the Chief Constable requires to be appointed on that occasion could not be appointed; or
 
    (b) one or more orders under subsection (2) have been made in the previous three years and he considers that it is appropriate to make the order for the purpose of redressing, or partially redressing, the imbalance occurring during that period.
      (4) In making appointments to relevant posts in the police support staff under subsection (3) of section 4 on any occasion, the Chief Constable (acting by virtue of subsection (5) of that section) shall appoint from the pool of qualified applicants formed for that purpose by virtue of section 44(5) an even number of persons of whom-
 
 
    (a) one half shall be persons who are treated as Roman Catholic; and
 
    (b) one half shall be persons who are not so treated.
      (5) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend subsection (4) in its application to the making of appointments under section 4 on any occasion specified in the order.
 
      (6) The Secretary of State shall not make an order under subsection (5) in relation to the making of appointments under section 4 on any occasion unless he is satisfied that were those appointments to be made in compliance with subsection (4) (as originally enacted) the number of police support staff which the Chief Constable requires to be appointed on that occasion could not be appointed.
 
      (7) In subsections (1) and (4) "treated as Roman Catholic" means treated by the Chief Constable in accordance with the Monitoring Regulations as belonging to the Roman Catholic community in Northern Ireland.
 
      (8) In subsection (7) "the Monitoring Regulations" means the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 or any regulations replacing those regulations and for the time being in operation.
 
      (9) In Part VIII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (exceptions) after Article 71 there shall be inserted-
 
 
"The police and the police support staff     71A. - (1) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 45(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees).
 
    (2) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 45(4) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff).
 
      (3) The application of any requirement or condition to any person applying for appointment as a police reserve trainee with a view to service in the police reserve on a part-time basis where the requirement or condition is one that the person applying is resident in a particular area is not by virtue of Article 3(2) unlawful under any provision of Part III or V.
 
      (4) In paragraph (3) "police reserve trainee" has the same meaning as in the Police (Northern Ireland) Act 2000."
 
      (10) In Part VI of the Race Relations (Northern Ireland) Order 1997 (exceptions) after Article 40 there shall be inserted-
 
 
"The Police Service of Northern Ireland and the police support staff     40A. - (1) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 45(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees).
 
    (2) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 45(4) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff)."
 
Expiry, renewal and repeal of temporary provisions.     46. - (1) In this section "the temporary provisions" means-
 
 
    (a) Article 40A of the Race Relations (Northern Ireland) Order 1997;
 
    (b) Article71A of the Fair Employment and Treatment (Northern Ireland) Order 1998;
 
    (c) section 44(4) to (6); and
 
    (d) section 45.
      (2) The temporary provisions shall, subject to subsection (3), expire on the third anniversary of the commencement date.
 
      (3) The Secretary of State may by order provide that all or any of the temporary provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding three years from the coming into operation of the order.
 
      (4) In deciding whether and, if so, how to exercise his powers under subsection (3), the Secretary of State shall-
 
 
    (a) have regard to the progress that has been made towards securing that membership of the police force and the police support staff is representative of the community in Northern Ireland; and
 
    (b) consult the Board and take into account any recommendations made to him by the Board.
      (5) In this section "the commencement date" means the day appointed under section 75 for the coming into force of this section.
 
 
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