Police (Northern Ireland) Bill - continued        House of Lords
PART VI, THE POLICE - continued
General functions - continued

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Attestation of constables.     38. - (1) Every police officer shall, on appointment, be attested as a constable by making before a justice of the peace a declaration in the following form-
 
 
" 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 their traditions and beliefs; 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."
 
      (2) The Chief Constable shall take such steps as he considers necessary-
 
 
    (a) to bring the terms of the declaration to the attention of all police officers appointed before the coming into force of this section; and
 
    (b) to ensure that they understand it and understand the need to carry out their duties in accordance with it.
      (3) "Traditions and beliefs" does not include a tradition or belief so far as it is incompatible with the rule of law.
 
 
Trainees and cadets
Appointment of police trainees.     39. The Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.
 
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 51 (notifiable memberships).
      (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).
 
      (7) Nothing in this section affects any other power which the Chief Constable has to enter into arrangements concerning the discharge of functions of his which are not prescribed under subsection (1).
 
 
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