(a) is fitted physically and mentally to perform the duties of a member of the Police Service of Northern Ireland, and

(b) is likely to become an efficient and well-conducted member of the Police Service of Northern Ireland.

(a) that a decision has been taken -


(i) at a hearing under the law and procedure for the time being governing the discipline of members of the Garda Síochána, or

(ii) on appeal against the finding of such a hearing,



that the conduct of the member concerned was a breach of Garda Síochána discipline, and

(b) that -



(i) no appeal lies against the decision, or

(ii) if leave to appeal against the decision is required, leave is refused or the time to apply for leave has expired without leave being granted, or

(iii) if leave to appeal against the decision is granted or is not required, the time to appeal against the finding has expired without any appeal being brought.

    (3) Where the supervising member is informed that a decision has been taken not to refer the case to a hearing under the law and procedure for the time being governing the discipline of members of the Garda Síochána, the supervising member shall not refer the case to a hearing.

    (4) Where the supervising member decides not to refer the case to a hearing, no reference to the case shall be made on the personal record of the member concerned.

    (5) Where the supervising member decides to refer the case to a hearing -

(a) the Garda Síochána investigation, and any steps taken in relation to it, shall be treated as having been carried out by an investigating officer appointed under regulation 8 of the conduct regulations;

(b) any hearing -


(i) to which the case is referred under the law and procedure for the time being governing the discipline of members of the Garda Síochána, or

(ii) on an appeal from such a hearing,



and any steps taken in relation to either such hearing, shall be treated as having been carried out in accordance with regulations 13 to 30 of the conduct regulations; and

(c) any decision of such a hearing that the member concerned did commit a breach of Garda Síochána discipline shall be treated as a decision taken under regulation 23(3) of the conduct regulations that his conduct did not meet the appropriate standard.

(a) regulations 1(1) and (2) (citation and interpretation);

(b) regulation 4 (ranks);

(c) regulation 5(1) to (2) and (4) to (6) (part-time appointments), and Schedule 1 (as modified by the omission of any reference to a provision of the 1996 regulations which, by virtue of this Schedule, does not apply to a member seconded from the Garda Síochána);

(d) regulation 6 and Schedule 2 (restrictions on the private life of members);

(e) regulation 7(1) to (9) (business interests incompatible with membership of the force);

(f) regulation 8(1) (business interests precluding appointment to the force);

(g) regulation 15 (contents of personal records), with the following paragraph substituted for paragraph (2) -

    " (2) The personal record shall contain such particulars as may be specified by the Chief Constable.";

(h) regulation 17 as substituted by the following regulation -

" Retention and destruction of personal record at end of secondment
     17. Where a member ceases to be a member, his personal record shall be kept for such time as the Chief Constable may think fit and shall then be destroyed.";

(i) regulation 18 (fingerprints) with the omission in paragraph (3) (destruction or transfer) of the words from "except" to the end;

(j) regulation 19 (duty to carry out lawful orders);

(k) regulation 20 (normal daily period of duty), with the omission in paragraph (3)(b) of the words "subject to paragraph 4 of Schedule 4";

(l) regulation 21 (meaning of "day" in Part III);

(m) regulation 22 and Schedule 3 (variable shift arrangements), as modified by -


(i) the substitution of -

" for hours of duty equivalent to those resulting from the application of regulations 20(2) and 25(2) to other members seconded from the Garda Síochána"

     in regulation 22(3) for the words from the beginning of sub-paragraph (a) to "to other members",

(ii) the substitution of "and paragraph 2" for "paragraph 2 and paragraph 3" in regulation 22(5), and

(iii) the omission of paragraphs 3, 6, 7 and 10 of Schedule 3;



(n) regulation 23 (rostering of duties);

(o) regulation 25 (public holidays and rest days for ranks below inspector) with the omission of -



(i) in paragraph (2), the words "be allowed a day's leave on each public holiday and",

(ii) paragraphs (3) to (8),

(iii) in paragraph (9), sub-paragraphs (a) to (d), (f) and (g), and

(iv) paragraph (10);



(p) regulation 26 (public holidays and rest days for inspectors and chief inspectors) with the omission of -



(i) in paragraph (2), the words "be allowed a day's leave on each public holiday and", and

(ii) paragraph (3);



(q) regulation 27 (public holidays and monthly leave days for ranks above chief inspector) with the omission of -



(i) in paragraph (2), the words "be allowed a day's leave on each public holiday and", and

(ii) paragraphs (3) and (4);



(r) regulation 28 (travelling time treated as duty) with the omission of -



(i) paragraph (1)(a)(ii),

(ii) in paragraph (2) the words "on a public holiday or", and

(iii) in paragraph (3) the words "any period of overtime for the purposes of regulation 24 or";



(s) regulation 29 (Police Association meetings treated as duty);

(t) regulation 30, as substituted by the following regulation -

" Annual leave
     30. Where a member seconded from the Garda Síochána is, under the terms of any protocols relating to secondments to the Police Service of Northern Ireland signed under Article 3 of the Agreement of 29th April 2002 between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland on police co-operation, entitled to days of annual leave -


(a) the days may be taken, at the discretion of the Chief Constable and subject to the exigencies of duty, as a single period, or as single days, or in periods of more than one day, or as half days;

(b) in the case of a member below the rank of superintendent, not more than three days shall be taken as half days; and

(c) in the case of a member below the rank of superintendent, where days of annual leave are taken as half days, he -


(i) shall do duty on that day for four hours, and

(ii) shall not be entitled to be allowed an interval for refreshment such as is mentioned in regulation 20(3).".



(u) regulations 47, 48, 53, 58, 59 and 61 and paragraphs 2 and 3 of Schedule 7 (allowances);

(v) regulation 56 (allowance in respect of medical charges), with the insertion after paragraph (3) of -

    " (4) Where any provision mentioned in paragraph (1) enables a charge to be made in Northern Ireland for an item or service of any description, and a member, by reason of an injury such as is mentioned in that paragraph, incurs a charge in the Republic of Ireland for an item or service of that description, he shall be reimbursed so much of the charge as does not exceed the amount that would, were the charge incurred in Northern Ireland, be reimbursed under that paragraph."; and

(w) Part VI (uniform and equipment).

(a) regulations 10(2) and 11(3) (special cases);

(b) regulation 14 (limitation on sanctions);

(c) in regulation 23(3) (decisions of officers conducting the hearing), the words "and, if it did not, whether in all the circumstances it would be reasonable to impose any, and if so which, sanction";

(d) in regulation 29(4) (remission of cases) the words "or of the sanction which might be imposed";

(e) regulation 31 (sanctions);

(f) regulation 32 (personal record to be considered before sanction imposed);

(g) in regulation 33 (member to be informed of finding) the words "and of any sanction imposed";

(h) regulation 36(4); and

(i) regulation 39 (special cases).

     5. In regulation 29(2)(b) of the conduct regulations (remission of cases) for the words from the beginning to "available and that" there shall be substituted "the member concerned was not given an opportunity under regulation 16 to elect to be legally represented at the hearing, and it appears to the presiding officer concerned that -

" (i) were the member concerned not seconded from the Garda Síochána, the sanctions referred to in that regulation ought to be available on a finding against him, and

(ii) ".

     6. For regulation 34(1) of the conduct regulations (request for a review) there shall be substituted -

    " (1) The member concerned shall be entitled to request the Chief Constable to review the finding of the hearing".

     7. For regulation 36(2) of the conduct regulations (finding of the review) there shall be substituted -

    " (2) The Chief Constable may confirm the finding of the hearing or reach a different finding".