Section 35 Liability for unlawful conduct

Northern Ireland

(1)

For the purposes of determining liability for the unlawful conduct of members of the police support staff—

(a)

a member of the police support staff must be treated as an employee of the Chief Constable in relation to conduct in reliance or purported reliance on a designation under section 30 F1 or 30A ;

(b)

conduct by a member of the police support staff in reliance or purported reliance on a designation under section 30 or 30A must be taken to be conduct in the course of that employment;

(c)

in the case of a tort, the Chief Constable accordingly falls to be treated as a joint tortfeasor.

(2)

For the purposes of determining liability for the unlawful conduct of employees of a contractor, conduct by such an employee in reliance or purported reliance on a designation under section 31 must be taken to be conduct in the course of his employment by the contractor; and, in the case of a tort, the contractor accordingly falls to be treated as a joint tortfeasor.

(3)

In subsection (2) “contractor” means a person who has entered into a contract with the Board such as is mentioned in section 31(1).

Annotations

Textual amendments

F1: Words in s. 35(1)(a)(b) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(5)