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POLICE ACT (NORTHERN IRELAND) 1970

POLICE ACT (NORTHERN IRELAND) 1970 - LONG TITLE

An Act to provide for the establishment and functions of a Police
Authority for Northern Ireland, of a Police Association for Northern
Ireland and of a Police Advisory Board for Northern Ireland; to
make provision in connection with the giving of assistance to the
police force in Northern Ireland by other United Kingdom police
forces; to enable assistance to be given to other United Kingdom
police forces by the police force in Northern Ireland; to make
provision in relation to a Police Council for the United Kingdom;
to make further or other provision in relation to the police force
in Northern Ireland; and for purposes connected with any of those
matters.{1}
[26th March 1970]
Establishment of a Police Authority for Northern Ireland.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 1

1.(1) There shall be established a body corporate to be called the
Police Authority for Northern Ireland (in this Act referred to as
the "Police Authority") to which section 19 of the Interpretation
Act (Northern Ireland) 1954 shall, subject to the provisions of this
Act, apply.

(2) It shall be the duty of the Police Authority to secure the
maintenance of an adequate and efficient police force in Northern
Ireland and to carry out all such functions as are conferred on
them by this Act.

(3) The constitution of the Police Authority shall be as provided
in that behalf in Part I of Schedule 1 and the supplementary
provisions in Part II of that Schedule shall have effect with
respect to the Authority.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 2
Transfer of property to the Police Authority.

2.(1) There shall, on the appointed day, be transferred to and vest
in the Police Authority by virtue of this Act:

(a)all the estates held immediately before that day by the Ministry
of Home Affairs (in this Act referred to as "the Ministry") or the
Ministry of Finance in land used wholly or mainly for the purposes
of the Royal Ulster Constabulary;

(b)all equipment, furniture or other moveable property then owned by
the Ministry or the Ministry of Finance and used on or in
connection with such land for those purposes; and

(c)all rights and liabilities to which the Ministry or the Ministry
of Finance was entitled or subject immediately before that day,
being rights and liabilities acquired or incurred solely in
connection with any such land, equipment, furniture or other moveable
property.

(2) There shall also, on the appointed day, be transferred to and
vest in the Police Authority by virtue of this Act all vehicles,
apparatus, furniture, fittings, clothing and other equipment owned by
the Ministry and held immediately before that day wholly or mainly
for use for the purposes of the Royal Ulster Constabulary and all
rights and liabilities to which the Ministry was entitled or subject
immediately before that day in connection with the supply of
vehicles, apparatus, furniture, fittings, clothing or other equipment
wholly or mainly for use for those purposes.

(3) Nothing in subsection (1) or (2) shall operate to transfer to
or vest in the Police Authority any estate in land or any
furniture, equipment, or other moveable property held by the Ministry
or the Ministry of Finance for the use of the Ulster Special
Constabulary but notwithstanding anything in section 5 of the
Stormont Regulation and Government Property Act (Northern Ireland)
1933 either Ministry may dispose of any such estate in land or any
such moveable property held by it to such persons and on such
terms as may be jointly agreed by both Ministries.

(4) The Ministry with the approval of the Ministry of Finance may
by regulations make such provision supplementary to or consequential
on the provisions of subsections (1) and (2) as appears to the
Ministry to be necessary or expedient, and in particular, but
without prejudice to the generality of the foregoing may provide by
such regulations

(a)for the determination by arbitration, in default of agreement, of
any question arising as to whether any property, right or liability
will be or has been transferred under those subsections;

(b)where any property, right or liability transferred under this
section or the title to any such property or right is entered on
any register kept in pursuance of any enactment, for the amendment
of the entry by the person keeping the register;

(c)for enabling pending proceedings relating to any property, rights
or liabilities transferred under this section to be continued; and

(d)for substituting, as from the appointed day, for any reference in
any enactment, judgment, decree, order, award, deed, contract,
regulation, rule, byelaw, certificate or other document affecting any
property, right or liability transferred under this section and
passed or made before the appointed day, to the Ministry or to the
Ministry of Finance, or for any reference which is to be construed
as a reference to the Ministry or as a reference to the Ministry
of Finance, a reference to the Police Authority.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 3
Staff of the Police Authority.

3.(1) The following provisions of this section shall have effect
with respect to the powers of the Police Authority under section 19
of the Interpretation Act (Northern Ireland) 1954 to employ staff.

(2) The Police Authority with the approval of the Ministry shall
appoint a chief administrative officer who shall be secretary to the
Authority and who shall carry out such functions as may be assigned
to him by the Authority.

(3) The conditions of service of the officer appointed under
subsection (2) and the numbers and conditions of service of other
staff employed by the Police Authority shall be subject to the
approval of the Ministry.

(4) The Police Authority may make arrangements ... for
administrative, secretarial or other assistance to be provided for
the Authority by officers [of the civil service of the Crown or,
as the case may be,] of the civil service.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 4
Acquisition, disposal and occupation of land by the Police Authority.

4.(1) Subsections (2) to (5) of this section and section 5 shall
have effect with respect to the powers of the Police Authority
under section 19 of the Interpretation Act (Northern Ireland) 1954
to acquire, hold and dispose of real or personal property.

(2) The powers of the Police Authority to acquire and dispose of
land shall not be exercised without the consent of the Ministry
which may be given either generally or in particular cases or
descriptions of case or subject to specified conditions; and the
Authority's power to acquire land shall include power to acquire it
compulsorily in accordance with the provisions of subsections (3) and
(4).

(3) Where the Police Authority propose to acquire any land
compulsorily they may apply to the Ministry for an order vesting
that land in them and the Ministry shall have power to make such
an order.

(4) Section 22(2) of, and Schedule 2 to, the Local Government Act
(Northern Ireland) 1934 shall, subject to the modifications thereof
specified in Schedule 2, have effect in relation to a vesting order
made under subsection (3) as they have effect in relation to a
vesting order made under that Act.

(5) The Police Authority, with the consent of the Ministry, may
provide and maintain such buildings, structures and premises, and
make such alterations in any buildings, structures and premises
already provided, as they may consider necessary for police purposes
or for the purposes of their functions under this Act.

Subs.(6)(7) rep. by 1972 NI16 art.63(3) sch.19

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 5
Provision and maintenance of equipment.

5. The Police Authority shall, subject to any regulations made under
section 27, provide and maintain such vehicles, apparatus, furniture,
fittings, clothing and other equipment as may be required for the
purposes of this Act and may enter into arrangements with any
Government department or public or local authority for the
maintenance and repair, on such terms as the Authority with the
approval of the Ministry may determine, of vehicles, apparatus or
other equipment used by that department or authority.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 6
Strength and operational control of the police force, etc.

6.(1) The Police Authority shall, subject to the approval of the
Minister of Home Affairs (in this Act referred to as "the
Minister") given with the concurrence of the Minister of Finance,
from time to time determine the maximum number of persons of each
rank which is to constitute the establishment of the police force
and the maximum number of persons who may be appointed as police
cadets and traffic wardens respectively.

(2) The police force, police cadets and traffic wardens shall be
under the direction and control of the Inspector General.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 7
Appointment and removal of senior officers of the RUC.

7.(1) As from the appointed day the Police Authority shall, subject
to the approval of the Minister and, in the case of senior
officers other than the Inspector General, after consultation with
the Inspector General, appoint each senior officer of the Royal
Ulster Constabulary and every senior officer holding office
immediately before that day shall be deemed to have been so
appointed by the Police Authority.

(2) The Police Authority with the approval of the Minister may call
upon any senior officer of the Royal Ulster Constabulary to retire
in the interests of efficiency and (without prejudice to the
foregoing) shall, if required by the Minister, call upon the
Inspector General so to retire.

(3) Before approving the exercise of the power conferred by
subsection (2) on the Police Authority or requiring the exercise of
that power, the Minister

(a)shall give the officer an opportunity to make, either personally
or otherwise, representations to him; and

(b)where any such representations are made, shall appoint a person
or persons to hold an inquiry and to report to him and shall
consider any report so made;

(4) Where one person only is appointed under subsection (3) he
shall, and where two or more persons are so appointed one at least
shall be a person who is not a member of the police force or an
officer of a Government department.

(5) The costs incurred in respect of an inquiry under this section
shall be defrayed by the Ministry.

(6) A senior officer who is called upon to retire under this
section shall retire, in the case of the Inspector General, on such
date as the Minister may specify and, in the case of any other
senior officer, on such date as the Police Authority may specify
or, in either case, on such earlier date as may be agreed upon
between the officer and the Authority.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 8
Appointment of other members of the RUC.

8. The power to appoint or promote any person to any rank in the
Royal Ulster Constabulary other than that of a senior officer shall,
as from the appointed day, be exercisable by the Inspector General
subject to and in accordance with regulations made under section 25,
and members of the Royal Ulster Constabulary who, immediately before
that day, held a rank other than that of a senior officer shall
be deemed to have been appointed or promoted by the Inspector
General under this section.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 9
Reserve constables.

9.(1) The Inspector General may, in accordance with regulations made
under section 26, appoint reserve constables and such reserve
constables shall be known as the Royal Ulster Constabulary Reserve.

(2) Every reserve constable shall on appointment be attested as a
constable by taking and subscribing the like oath as is required to
be taken and subscribed by a member of the Royal Ulster
Constabulary and shall when on duty as a reserve constable have the
like powers, privileges and duties as by the law for the time
being in force may be exercised by or are conferred or imposed
upon a member of the Royal Ulster Constabulary.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 10
Police cadets.

10.(1) The Inspector General may, in accordance with regulations made
under subsection (4), appoint persons as police cadets to undergo
training with a view to becoming members of the Royal Ulster
Constabulary.

(2) Subject to regulations made under subsection (4), all police
cadets shall be subject to dismissal by the Inspector General.

(3) Without prejudice to section 6(2) and subsection (2), the Police
Authority shall, for the purposes of any enactment relating to the
functions of employers and of any rule of law with respect to the
vicarious liability of employers, be treated as the employer of each
police cadet undergoing training.

(4) The Ministry may make regulations as to the government,
administration and conditions of service of police cadets and,
without prejudice to the generality of the foregoing, such
regulations may provide for the application to police cadets, subject
to such modifications as may be prescribed by the regulations, of
any provisions made by or under any enactment relating to the
pensions payable to or in respect of members of the Royal Ulster
Constabulary.

(5) Regulations under this section for regulating pay, allowances and
pensions shall require the concurrence of the Ministry of Finance.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 11
Rewards for diligence.

11. The Police Authority may, on the recommendation of the Inspector
General, pay to members of the police force rewards for exceptional
diligence or other specially meritorious conduct.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 12
Information as to manner of dealing with complaints.

12.(1) It shall be the duty of the Police Authority to keep
themselves informed as to the manner in which complaints from
members of the public against members of the police force are dealt
with by the Inspector General.

(2) This section and section 13 shall apply to police cadets and
traffic wardens as they apply to members of the police force.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 13
Investigation of complaints.

13.(1) Where a complaint is made by a member of the public against
a member of the police force, the complaint shall be referred to
the Inspector General who shall (unless the complaint alleges an
offence with which the member of the police force has then been
charged) forthwith record the complaint and cause it to be
investigated.

(2) Where a complaint which is investigated under subsection (1)
relates to a matter affecting or appearing to affect the public
interest, the Inspector General may, and if so required by the
Police Authority or the Minister shall, refer the complaint to a
tribunal constituted in accordance with subsection (3) (in this
section referred to as "the tribunal") to consider and report
thereon.

(3) The tribunal shall consist of a barrister-at-law or solicitor of
not less than ten years' standing appointed by the Lord Chief
Justice and two members of the Royal Ulster Constabulary, or of any
other police force in the United Kingdom, appointed by the Police
Authority to act as assessors.

(4) The proceedings of the tribunal shall be conducted in public
unless the Minister in the interests of security otherwise directs.

(5) On receiving the report of an investigation under subsection (1)
and, if the complaint is referred under subsection (2) to a
tribunal, the report of the tribunal thereon the Inspector General,
unless satisfied that no criminal offence has been committed, shall
send the report or reports to the Attorney-General [and shall send
copies thereof to the Director of Public Prosecutions for Northern
Ireland].

(6) The Ministry shall pay such fees and other allowances to
members of the tribunal and such other expenses of the tribunal as
the Ministry with the approval of the Ministry of Finance may
determine.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 14
Liability for wrongful acts of members of the police force.

14.(1) Proceedings may be brought against the Inspector General for
the recovery of damages in respect of torts committed by members of
the police force under his direction and control in the exercise or
purported exercise of their functions in like manner as proceedings
may be brought against a master for the recovery of damages in
respect of torts committed by his servants in the course of their
employment, and the Inspector General shall in respect of any such
first-mentioned tort be treated for the purposes of such proceedings
as a joint tortfeasor.

(2) There shall be paid by the Police Authority

(a)any damages or costs awarded against the Inspector General in any
proceedings brought against him by virtue of this section and any
costs properly incurred by him in any such proceedings so far as
not recovered by him in the proceedings; and

(b)any sum required in connection with the settlement of any claim
made against the Inspector General by virtue of this section, if
the settlement is approved by the Police Authority.

(3) Without prejudice to subsection (1), the Police Authority may,
in such cases and to such extent as they think fit, pay any
damages or costs awarded against a member of the police force in
proceedings for a tort committed by him, any costs incurred and not
recovered by him in any such proceedings, and any sum required in
connection with the settlement of any claim that has or might have
given rise to such proceedings.

(4) The Police Authority may make arrangements for the legal
representation of the Inspector General or any member of the police
force in any proceedings to which this section applies.

(5) This section shall apply to persons serving with the Royal
Ulster Constabulary under arrangements, or in compliance with
directions, mentioned in section 19 as it applies to members of the
police force.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 15
Annual and other reports by the Inspector General.

15.(1) The Inspector General shall, as soon as possible after the
end of each calendar year, submit to the Police Authority a general
report in writing on the carrying out by the police force of their
functions during that year and the Authority shall transmit that
report or a copy thereof to the Minister who shall lay a copy
before each House of [the Parliament of the United Kingdom].

(2) The Inspector General shall, whenever so required by the
Minister or the Police Authority, submit to him or to them reports
in writing on such matters as may be specified in the requirement.

(3) If it appears to the Inspector General that a report in
compliance with any such requirement of the Police Authority as is
mentioned in subsection (2) would contain information which in the
public interest ought not to be disclosed, or is not needed for
the discharge of the functions of the Police Authority, he shall
request that Authority to refer the requirement to the Minister; and
in any such case the requirement shall be of no effect unless it
is confirmed by the Minister.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 16
Appointment of inspectors of constabulary.

16.(1) The Minister may appoint an inspector of constabulary or such
number of inspectors of constabulary, as he with the approval of
the Minister of Finance may determine, to inspect and report to him
on the efficiency of the police force.

(2) An inspector of constabulary shall carry out such other duties
for the purpose of furthering police efficiency and make such other
reports as the Minister may request.

(3) Any expenditure incurred for the purposes of or in connection
with an inspection by an inspector of constabulary shall be defrayed
by the Ministry.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 17
Police Association.

17.(1) There shall be a Police Association for Northern Ireland (in
this Act referred to as the "Police Association") for the purpose
of representing members of the police force in all matters affecting
their welfare and efficiency, other than questions of promotion and
discipline affecting individuals.

(2) The Police Association shall be entirely independent of, and
[subject to subsection (2A)] unassociated with, any body or person
outside the police services of the United Kingdom but may employ
persons outside those services in an administrative or advisory
capacity.

[(2A) The Secretary of State may authorise the Police Association or
a section thereof to be associated with a person or a body outside
the police services of the United Kingdom in such cases and manner,
and subject to such conditions and restrictions, as he may specify
and may vary or withdraw an authorisation previously given; and
anything for the time being so authorised shall not be precluded by
subsection (2).]

(3) Nothing in section 2 of the Constabulary and Police (Ireland)
Act 1919 shall operate to prevent any member of the police force
becoming a member of the Police Association.

(4) The Minister after consultation with the representative bodies
established under section 1 of the Constabulary and Police (Ireland)
Act 1919 or, after the establishment of the Police Association, with
the Association, may by regulations prescribe the constitution and
proceedings of the Police Association and, without prejudice to the
generality of that power, regulations under this subsection may make
provision

(a)with respect to the membership of the Police Association;

(b)with respect to the raising of funds by the Police Association
by voluntary subscription and the use and management of funds
derived from such subscriptions;

(c)with respect to the manner in which representations may be made
by the Police Association, or any committee thereof, to the Police
Authority, the Inspector General or the Minister;

(d)for the payment by the Ministry of expenses incurred in
connection with the Police Association; and

(e)for modifying any orders made under section 4 of the Constabulary
and Police (Ireland) Act 1919, or regulations made under section 25
or 26, in relation to any member of the police force who is the
secretary or an officer of the Police Association and for requiring
the Association to make contributions in respect of the pay,
pensions or allowances payable to or in respect of any such person.

(5) Regulations under this section may contain such supplementary and
transitional provisions as the Minister thinks fit, including
provisions adapting references in any enactment to a representative
body under section 1 of the Constabulary and Police (Ireland) Act
1919.

(6) This section applies to police cadets as it applies to members
of the police force and references to police services shall be
construed accordingly.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 18
Police Advisory Board.

18.(1) There shall be a Police Advisory Board for Northern Ireland
(in this Act referred to as the "Advisory Board") for the purpose
of advising the Minister on general questions affecting the police
force.

(2) The constitution and proceedings of the Advisory Board shall be
such as the Minister, after consulting the Police Authority and
organisations representing the interests of members of the police
force and police cadets, may by order determine.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 19
Provisions with respect to members of other UK forces sent to aid
RUC.

19.(1) Where, under arrangements authorised by, or in compliance with
directions given under, an enactment of the Parliament of the United
Kingdom, a member of a police force within the meaning of section
62 of the Police Act 1964 or section 50 of the Police (Scotland)
Act 1967 (in this Act referred to as "another United Kingdom police
force") is provided for the purpose of enabling the Royal Ulster
Constabulary to meet a special demand on its resources, he shall,
while serving with that Constabulary

(a)be under the direction and control of the Inspector General; and

(b)have all the powers, protection and privileges of a member of
that Constabulary.

(2) The Police Authority shall pay to the police authority
maintaining the other United Kingdom police force providing the
member or other assistance under such arrangements or in accordance
with such directions as are mentioned in subsection (1), such
contributions as may be agreed between the Police Authority and the
police authority for the other United Kingdom police force or as
may, in default of agreement, be determined jointly by the Secretary
of State....

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 20
Aid by the RUC to other UK police forces.

20.(1) The Inspector General may, on the application of the chief
officer of another United Kingdom police force, provide members of
the Royal Ulster Constabulary or other assistance for the purpose of
enabling the first-mentioned force to meet a special demand on its
resources.

(2) The Minister, if satisfied.... that it is expedient in the
interests of public safety or order that another United Kingdom
police force should be reinforced or should receive other assistance
for the purpose of enabling it to meet a special demand on its
resources and that satisfactory arrangements under the foregoing
subsection cannot be made or cannot be made in time, may, at his
request, direct the Inspector General to provide such members of the
Royal Ulster Constabulary or other assistance for that purpose as
may be specified in the direction.

(3) A member of the Royal Ulster Constabulary shall, during any
period during which he is provided under this section for the
assistance of another United Kingdom police force be under the like
direction and control as a member of that force notwithstanding
anything to the contrary contained in this Act or in section 1 or
7 of the Constabulary Act (Northern Ireland) 1922 or in the
enactments applied by those provisions respecting the government,
direction and superintendence of the Royal Ulster Constabulary.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 21
Provisions for facilitating the engagement of members of the RUC
with other UK police forces.

21.(1) The following provisions shall have effect with respect to a
member (other than the Inspector General) of the Royal Ulster
Constabulary who, with the consent of the Inspector General and the
Minister engages for a period of service in another United Kingdom
police force, namely

(a)during that period (or if, during the course thereof, he is
dismissed from that other force or is required to resign as an
alternative to dismissal, during such part of that period as ends
when he is is dismissed or required to resign) he shall, except
for the purpose of his being promoted in the Royal Ulster
Constabulary, be treated as if he were not a member thereof; and

(b)he shall, when, by virtue of paragraph (a), he ceases (except
for the purpose aforesaid) to be treated as if he were not a
member of the Royal Ulster Constabulary, be entitled to revert to
that Constabulary

(i)if he has not been promoted in that Constabulary during his
period of service in the other United Kingdom police force, in the
rank in which he was serving immediately before he engaged for a
period of service in that force;

(ii)if he has been so promoted, in the rank to which he has been
promoted.

(2) Where, in the case of a person to whom subsection (1) applies,
the period of service in another United Kingdom police force for
which he engages is, with the consent mentioned in that subsection,
extended or curtailed, paragraph (a) of that subsection shall have
effect in relation to him as if, for the references to that
period, there were substituted references, as the case requires, to
the extended period or the curtailed period.

(3) A person to whom subsection (1) applies who is dismissed or
required to resign as mentioned in paragraph (a) of that subsection
shall, for the purposes of the Police (Discipline) Regulations, be
deemed to have committed, as a member of the Royal Ulster
Constabulary an offence against discipline, and may be dealt with
under those Regulations accordingly; and for the purposes of this
subsection a certificate that such a person has been so dismissed
or required to resign, being a certificate given by or on behalf
of the chief officer of the other United Kingdom police force in
which he serves or the police authority maintaining that force shall
be evidence of that fact.

(4) In this section "Police (Discipline) Regulations" means the
rules, orders or regulations for the time being in force with
respect to the discipline of the Royal Ulster Constabulary.

S.22 rep. by 1980 c.10 s.3(3)(b)

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 23
Appointment of traffic wardens by Police Authority.

23.(1) As from the appointed day traffic wardens shall be appointed
by the Police Authority instead of by the Ministry and persons who
are traffic wardens immediately before that day shall be deemed to
have been appointed by the Police Authority.

Subs.(2) rep. by 1981 NI1 art.220 sch.8

(3) The terms and conditions of service of traffic wardens shall be
such as may be determined by the Ministry with the concurrence of
the Ministry of Finance.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 24
Provision of special services.

24. The Inspector General may, at the request of any person,
provide special police services subject to the payment by or on
behalf of that person to the Police Authority of such charges or
of charges on such scales as may be determined by the Authority
with the approval of the Ministry.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 25
Regulations for RUC.

25.(1) Subject to the provisions of this section, the Ministry may
make regulations as to the government, administration and conditions
of service of members of the Royal Ulster Constabulary.

(2) Without prejudice to the generality of subsection (1),
regulations under this section may make provision with respect to
the following matters, that is to say:

(a)the ranks to be held by members of the Royal Ulster
Constabulary;

(b)the qualifications for appointment and promotion of members of the
Constabulary;

(c)periods of service on probation;

(d)voluntary retirement of members of the Constabulary;

(e)the maintenance of discipline in the Constabulary;

(f)the suspension or dismissal of members of the Constabulary from
membership of that force and from the office of constable;

(g)the maintenance of personal records of members of the
Constabulary;

(h)the duties which are or are not to be performed by members of
the Constabulary;

(i)the treatment as occasions of police duty of attendance at
meetings of the Police Association;

(j)the hours of duty, leave, pay and allowances of members of the
Constabulary;

(k)pensions and gratuities in respect of service as a constable and,
subject to such conditions as may be specified in the regulations,
the recognition for the purposes of such pensions and gratuities of
service in the armed forces of the Crown; and

(l)the issue, use and return of police clothing, personal equipment
and accoutrements.

(3) Regulations under subsection (2)(e) shall provide for the
determination by the appropriate disciplinary authority of questions
whether offences against discipline have been committed, for the
punishment by that authority, by way of dismissal, requirement to
resign, reduction in rank, reduction in rate of pay, fine, reprimand
or caution, of any member of the Royal Ulster Constabulary who is
found in the manner so provided to have committed any such offence
and for appeals against any such determination or punishment; and
for the purposes of this subsection the appropriate disciplinary
authority shall, subject to [Article 7 of the Police (Northern
Ireland) Order 1977 and subsections (4) and (4A)], be

(a)in relation to a senior officer of the Royal Ulster Constabulary,
the Police Authority;

(b)in relation to any other member of the Constabulary, the
Inspector General or such other person as may be prescribed by
regulations under subsection (2)(e).

(4) In any case in which the Inspector General is interested
otherwise than in his capacity as such, or in which he is a
material witness, the appropriate disciplinary authority under
subsection (3)(b) shall be such other person or authority as may be
prescribed by regulations made by the Ministry.

[(4A) Without prejudice to subsection (4) the regulations may, as
respects any case within subsection (3)(b), provide

(a)for enabling the Chief Constable, where he considers it
appropriate to do so, to direct that his function under subsection
(3) of determining questions as to whether offences against
discipline have been committed shall be discharged by the Chief
Constable of another police force; and

(b)where such a direction is given, for the function mentioned in
subsection (3) relating to punishment to be discharged by the Chief
Constable after considering any recommendation as to punishment made
by the other Chief Constable.]

(5) Regulations under this section providing for any of the matters
specified in paragraphs (j) and (k) of subsection (2) shall require
the concurrence of the Ministry of Finance.

(6) Where regulations under subsection (2)(a) vary the ranks held by
members of the Royal Ulster Constabulary, the regulations may amend
or repeal Schedule 1 to the Constabulary Act (Northern Ireland) 1922
and may make consequential amendments to any other enactment
(including this Act) containing references to ranks held by members
of that Constabulary.

(7) Regulations under this section which by virtue of subsection (6)
contain any provision amending or repealing an Act of Parliament
shall be subject to affirmative resolution.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 26
Regulations for reserve constables.

26.(1) The Ministry may make regulations as to the government,
administration and conditions of service of reserve constables.

(2) Without prejudice to the generality of subsection (1),
regulations under this section may make provision with respect to
the following matters, that is to say:

(a)the ranks to be held by reserve constables;

(b)the appointment and promotion of reserve constables;

(c)the retirement of reserve constables;

(d)the suspension or dismissal of reserve constables from their
office;

(e)the remuneration and allowances of reserve constables; and

(f)the application to reserve constables, subject to such
modifications as may be prescribed by the regulations, of any
provisions made by or under any enactment relating to pensions
payable to or in respect of members of the Royal Ulster
Constabulary.

(3) Regulations under this section providing for any of the matters
specified in paragraphs (e) and (f) of subsection (2) shall require
the concurrence of the Ministry of Finance.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 27
Regulations as to standard of equipment.

27. The Ministry may make regulations requiring equipment provided or
used for police purposes to satisfy such requirements as to design
and performance as may be prescribed in the regulations.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 28
RUC Fund.

28.(1) Regulations made by the Ministry under this section may
provide for the establishment, maintenance and operation of a Royal
Ulster Constabulary Fund in lieu of the Royal Ulster Constabulary
Reward Fund established under section 4(5) of the Constabulary Act
(Northern Ireland) 1922 and for the payment into such first-mentioned
Fund of fines imposed on members of the police force for
disciplinary offences.

(2) Such regulations may provide for the transfer to the Fund
established under the regulations of any moneys standing to the
credit of the Royal Ulster Constabulary Reward Fund established under
section 4(5) of the Constabulary Act (Northern Ireland) 1922 and for
the winding-up of that Fund.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 29
Estimates of Police Authority's receipts and payments.

29.(1) The Police Authority shall keep, in such form as the
Ministry with the approval of the Ministry of Finance may direct,
accounts of all moneys received and of all moneys paid out by
them.

(2) The accounts of the Police Authority shall be audited by the
Comptroller and Auditor-General and the Authority shall submit to him
periodical statements of account in such form, at such intervals and
accompanied by such vouchers and other information as he may require
and the Comptroller and Auditor-General may inspect such books of
account and other relevant records kept by the Authority as he may
consider necessary for the purposes of audit.

(3) The Police Authority shall prepare and transmit to the Ministry
not later than the 30th June in the year 1971 and each subsequent
year statements of account in respect of the financial year then
last previously occurring in such form and containing such
information as the Ministry with the approval of the Ministry of
Finance may direct, and the Ministry shall, on or before the 31st
July in that year, transmit those statements to the Comptroller and
Auditor-General, who shall certify them and report on them to the
Ministry and the Ministry shall cause copies of the statements so
certified together with the reports of the Comptroller and
Auditor-General thereon to be laid before each House of [the
Parliament of the United Kingdom] not later than the 30th November
in that year.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 30
Expenses and borrowing powers of the Police Authority.

30.(1) The Police Authority shall prepare and submit to the
Ministry, at such times and in such form as the Ministry with the
approval of the Ministry of Finance may direct, estimates of their
receipts and payments during such periods as may be specified in
the direction, and shall submit such other information relating to
those estimates as the Ministry may require.

(2) The Ministry may approve an estimate submitted under subsection
(1) either in whole or in part or subject to such modifications or
conditions as the Ministry may think fit, and expenditure incurred
in accordance with an estimate as so approved shall be approved
expenditure for the purposes of section 31.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 31
Expenses of the Ministry.

31.(1) The Ministry shall pay to the Police Authority at such
times, in such manner and subject to such conditions as the
Ministry with the approval of the Ministry of Finance may think
fit, such sums as are necessary to defray approved expenditure not
defrayed under subsection (2).

(2) The Police Authority shall comply with such directions as the
Ministry, with the approval of the Ministry of Finance, may give as
to the application of moneys which the Authority receive otherwise
than under subsection (1), and to the extent that any statutory
provision or any such direction does not require the moneys to be
applied in a particular manner or for a particular purpose the
Authority shall apply those moneys in the defrayment of approved
expenditure.

(3) The Police Authority may borrow, by way of temporary loan or
overdraft from a bank or otherwise, any sum which they may
temporarily require for the purposes of defraying expenses pending
the receipt of moneys receivable by the Authority:

Provided that

(a)the total amount for the time being outstanding on foot of such
borrowings does not exceed such sum as the Ministry may with the
approval of the Ministry of Finance specify to the Authority in
writing;

(b)all sums so borrowed shall be repaid before the expiration of
the financial year in which such sums are borrowed.

(4) The Police Authority may, with the prior consent of the
Ministry given with the approval of the Ministry of Finance, borrow
or raise money, on such terms and subject to such conditions as
[the Secretary of State] may approve, upon the security of any
property or assets of the Authority for all or any of the
following purposes

(a)meeting expenses incurred in connection with any permanent work
the cost of which is properly chargeable to capital;

(b)redeeming any loan previously borrowed or raised under this
section; or

(c)any other purpose for which capital moneys may properly be
applied.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 32
Minor and consequential amendments and repeals.

32. There may be defrayed out of moneys provided by [the Parliament
of the United Kingdom] any expenses incurred by the Ministry under
or for the purposes of this Act (including payments by the Ministry
under section 31).

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 33
Orders and regulations.

33.Subs.(1), with Schedule 3, effects amendments

(2) The enactments set out in Schedule 4 are hereby repealed to
the extent mentioned in column 3 thereof so, however, that the
repeal of any enactment relating to or affecting superannuation or
other allowances shall not affect the future operation of that
enactment as respects superannuation or allowances payable in respect
of any service completed before the date on which the repeal takes
effect.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 34
1969 c.63

34.(1) Orders and regulations made under the foregoing provisions of
this Act (other than orders made under section 4(3)) shall, except
where otherwise expressly provided, be subject to negative resolution.

(2) Without prejudice to the operation of section 4(4) and (5) of
the Police Act 1969, the Ministry shall consult both the Police
Authority and the Police Association before making any regulations
under sections 10(4), 25, 26, 27 or 28.

[(3) Regulations under sections 10(4), 25 and 26 (making provision
with respect to allowances of members of the Royal Ulster
Constabulary, reserve constables and police cadets) may provide that
the allowances shall be of such amounts as may be determined by
the Secretary of State.]

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 35
1954 c.33

35. In this Act

"Advisory Board" has the meaning assigned to it by section 18(1);

"another United Kingdom police force" has the meaning assigned to it
by section 19(1);

"appointed day", where it occurs in any provision of this Act,
means the day appointed under section 36(2) for the coming into
operation of that provision;

"Minister" has the meaning assigned to it by section 6(1);

"Ministry" has the meaning assigned to it by section 2(1);

"Police Association" has the meaning assigned to it by section
17(1);

"Police Authority" has the meaning assigned to it by section 1(1);

"police force" means the Royal Ulster Constabulary and the Royal
Ulster Constabulary Reserve;

"senior officer", in relation to the Royal Ulster Constabulary, means
an officer above the rank of county inspector;

"statutory provision" has the meaning assigned to it by section 1(f)
of the Interpretation Act (Northern Ireland) 1954.

POLICE ACT (NORTHERN IRELAND) 1970 - SECT 36
Section 1(3).

36.(1) This Act may be cited as the Police Act (Northern Ireland)
1970.

(2)(3) Commencement1. The Police Authority shall consist of a
Chairman, a Vice-Chairman and not less than fourteen nor more than
twenty persons appointed by the Governor to be members of the
Authority.

2.(1) The powers of appointment under paragraph 1 shall be so
exercised as to secure that

(a)as far as practicable the membership of the Police Authority is
representative of the community in Northern Ireland; and

(b)as far as practicable the members appointed include persons
representative of the interests of

(i)local authorities and other public bodies (including universities
and other institutions of higher education);

(ii)the legal profession;

<(iii)trade unions;

<(iv)agriculture, industry and commerce;

(v)voluntary organisations having as their principal object, or one
of their principal objects, the welfare of children or young
persons; and

(c)a person is appointed to represent the Ministry of Home Affairs.

(2) The Minister shall, in connection with the making of
appointments under sub-paragraph (1)(b), consult such organisations and
persons as appear to him to represent the respective interests
mentioned in that sub-paragraph.

3. Subject to the following provisions of this Part, the term of
office of the Chairman, the Vice-Chairman and the other members of
the Police Authority shall be three years.

4. The Governor may appoint a person to fill a casual vacancy in
the membership of the Police Authority and a person so appointed
shall hold office for the residue of the term of the member in
whose place he is so appointed.

5. A member of the Police Authority may resign his membership by
letter or other notice in writing addressed, sent or given to the
Governor.

6. If a member of the Police Authority becomes, in the opinion of
the Governor, unfit to continue as a member or incapable of
performing his duties, the Governor may terminate his membership.

7. On a member of the Police Authority

(a)becoming bankrupt or making a composition with his creditors;

(b)being convicted of an indictable offence or any offence involving
fraud or dishonesty;

(c)being detained in any place for more than seven days under any
enactment relating to persons of unsound mind and in force in any
part of the United Kingdom;

8. A member of the Police Authority whose term expires by effluxion
of time or who has resigned shall be eligible for re-appointment.

9. There shall be paid by the Ministry to the Chairman of the
Police Authority such remuneration and other allowances (including
allowances by way of superannuation) and to the Vice-Chairman and
other members of the Authority such allowances as the Ministry with
the approval of the Ministry of Finance may determine.

10.(1) The quorum for a meeting of the Police Authority shall be
eight.

(2) Every question at a meeting of the Authority shall be
determined by a majority of the votes of the members present and
voting on the question, and in the case of an equal division of
the votes, the chairman of the meeting shall have a second or
casting vote.

(3) If both the Chairman and Vice-Chairman are absent from a
meeting of the Authority, the members present shall elect one of
their number to preside at the meeting.

11. The Police Authority shall have power to act notwithstanding any
vacancy in their numbers.

12. The common seal of the Police Authority shall, when applied to
a document, be attested by the signatures of two members of the
Authority and of the person for the time being acting as secretary
to the Authority, or some person authorised by the Authority to act
in his stead in that behalf.

13.(1) Any contract or instrument which, if entered into or executed
by an individual, would not require to be under seal may be
entered into or executed on behalf of the Police Authority by any
person generally or specially authorised by the Authority to act for
that purpose.

(2) Before entering into contracts for the supply of goods or the
execution of works the Police Authority shall comply with such
requirements as the Ministry with the approval of the Ministry of
Finance may direct.

(3) Any instrument made or executed by or on behalf of the Police
Authority in respect of which the liability for payment of stamp
duty would, but for this sub-paragraph, attach to the Authority
shall be exempt from stamp duty.

[14. Sections 28 to 33, 42, 46, 47 and 146 of the Local
Government Act (Northern Ireland) 1972, and section 148 of that Act
so far as it applies for the interpretation of those sections,
shall apply to the Police Authority and their members and officers
as if

(a)in those sections any reference to a council were a reference to
the Police Authority, any reference to a councillor were a reference
to a member of the Police Authority, and any reference to the
clerk of a council were a reference to the officer for the time
being acting as the secretary of the Police Authority or such other
officer (if any) of the Police Authority as the Ministry may
specify;

(b)in section 28(4) of that Act for the words from "y any local
elector' onwards there were substituted the words "y any person';

(c)in section 29 of that Act any reference to the Ministry were a
reference to the Ministry of Home Affairs.]

15.(1) Subject to the provisions of this paragraph the Police
Authority may constitute committees of such five or more of its
members as the Authority may appoint and may delegate to a
committee so constituted any of the functions of the Authority.

(2) Without prejudice to the generality of sub-paragraph (1) the
Police Authority shall constitute a committee consisting of the
Chairman of the Authority, or in his absence the Vice-Chairman, and
four other members which the Minister shall, wherever practicable,
consult in connection with the making of orders under the Public
Order Act (Northern Ireland) 1951 prohibiting the holding of public
processions or meetings, but nothing in this sub-paragraph shall
affect the validity of any such order.

(3) The quorum for a meeting of the committee constituted under
sub-paragraph (2) shall be three.

(4) Where a member of the committee constituted under sub-paragraph
(2) is not, or is not likely to be, available during any period
for consultation by the Minister, the Chairman of the Police
Authority or in his absence the Vice-Chairman shall nominate another
member of the Authority to act during that period as a member of
that committee in the place of the first-mentioned member.

(5) The powers of any committee of the Police Authority shall be
exercised, and the proceedings of the committee shall be regulated,
in accordance with and subject to any directions given by the
Authority.

16. No defect in the appointment of any person acting as a member
of the Police Authority or of any committee thereof, shall vitiate
any proceedings of the Authority or, as the case may be, of the
committee in which he has taken part.

Para.17 rep. by 1975 c.25 s.5(2) sch.3

1. References to a vesting order made under section 22 of the
Local Government Act (Northern Ireland) 1934 or to the powers
conferred by that section shall be construed as references, as the
case may be, to a vesting order made under, or the powers
conferred by, section 4.

2. References to the local authority shall be construed as
references to the Police Authority.

3. References to the Ministry within the meaning of that Act shall
be construed as references to the Ministry within the meaning of
this Act.

4. References to the compensation fund shall be construed as
references to the moneys out of which the expenditure of the Police
Authority is to be defrayed under this Act.

5. In article 27 of that Schedule, the reference to the area of
the local authority shall be construed as a reference to the
locality where the land is situated.

6. In article 28 of that Schedule, for the definition of "land"
there shall be substituted the definition contained in section
45(1)(a) of the Interpretation Act (Northern Ireland) 1954.

7. In that Schedule, "estate" shall have the meaning assigned to it
by section 45(2) of the Interpretation Act (Northern Ireland) 1954.

Schedule 3Amendments. Schedule 4Repeals