Police Amendment Act 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Acts/Police%20Amendment%20Act%201997.pdf

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Police Amendment Act 1997
POLICE AMENDMENT ACT 1997

1

BERMUDA
1997 : 37

POLICE AMENDMENT ACT 1997

[Date of Assent 23 December 1997]

[Operative Date 6 May 1999]

WHEREAS it is expedient—

(a) to amend the Police Act 1974 and the Bermuda Police
Association Regulations 1968 made under that Act: and

(b) to rename the Bermuda Police Force and the Reserve
Constabulary:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:—

Citation
1 This Act may be cited as the Police Amendment Act 1997.

Renaming of the Bermuda Police Force and Reserve Constabulary
2 (1) With effect from the commencement of this Act, for all
purposes—

(a) the Bermuda Police Force is renamed the Bermuda
Police Service; and

(b) the Reserve Constabulary is renamed the Reserve Police.

POLICE AMENDMENT ACT 1997

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(2) Consequentially upon subsection (1)—

(a) wherever in the Police Act 1974 ("the Act") or in any
statutory instrument made under the Act there is a
reference to the Bermuda Police Force by those words or
any other words, the words "Bermuda Police Service" are
substituted;

(b) wherever in the Act or in any statutory instrument made
under the Act there is a reference to the "Reserve
Constabulary" by those words or any other words, the
words "Reserve Police" are substituted;

(c) the enactments specified in column 1 of the First
Schedule to this Act are amended in the manner
respectively specified in column 2 of that Schedule.

Amends section 1 of the Act
3 Section 1 of the Act is amended—

(a) by deleting from the definition of "appropriate
authority"—

(i) the word "Force" wherever it appears and
substituting the word "Service";

(ii) the word "Constabulary" wherever it appears
and substituting the word "Police";

(b) by deleting the definition of the word "Force" and
substituting the following definition—

""Minister" means the Minister responsible for police
matters;";

(c) by replacing the full stop at the end of subsection (1)
with a semi-colon and adding the following definition—

""Service" means the Bermuda Police Service.".

Amends section 28 of the Act
4 Section 28 of the Act is amended by adding next after subsection
(3) the following subsections—

"(4) The Governor may make regulations under this
subsection for the operation, management, membership and
procedure of the Bermuda Police Association.

(5) Section 6 of the Statutory Instruments Act 1977
shall not apply to regulations made under subsection (4).".

POLICE AMENDMENT ACT 1997

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Inserts Part VA in the Act
5 The Act is amended by inserting next after section 29 the
following—

"PART VA
POLICE CONDITIONS OF SERVICE

Notice to negotiate
29A (1) Where there is no agreement in being, the Bermuda
Police Association ("the Association") may at any time give notice
in writing to the Commissioner of the Association's wish to enter
into negotiations with the Government for the making of such an
agreement.

(2) Where there is an agreement in being, the
Association may, at any time after ninety days or such longer
period as the parties may determine before the agreement would
but for subsection (5) of section 29H expire give notice in writing
to the Commissioner of the Association's wish to enter into
negotiations with the Government for—

(a) the renewal, with or without modifications, of
that agreement; or

(b) the making of a new agreement.

(3) The Government shall meet with the Association
within fifteen days or such longer period as the parties may
determine after receiving a notice under subsection (1) or (2) of
this subsection, and the parties shall thereupon proceed to
negotiate in good faith in relation to the Association's wish set
forth in the notice.

(4) Either of the parties may by instrument in writing
delivered to the Minister appoint at its own expense one or more
persons to act on its behalf for the purpose of anything to be
done or suffered by that party under this Part, and the acts of a
person so appointed done within the scope of his appointment
shall bind the party that appointed him for that purpose.

(5) In this Part—

"agreement" means an agreement in writing
between the Government and the Association
providing for any one or more of the following
matters in relation to the Service, that is to say,
pay, extra duty pay, allowances, hours of work,
leave and any other condition of service, but not

POLICE AMENDMENT ACT 1997

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any question of retirement or pension or
discipline or of command or control of members
of the Service;

"conciliation" means any method or process used,
including mediation, in order to settle a dispute
amicably or to bring about an agreement;

"parties" means the Government and the
Association, and "party" means one of them.

Settlement by conciliation
29B (1) Where a matter which has been the subject of
negotiations under section 29A has not been resolved either
party may refer the matter to the Labour Relations Officer ("the
conciliator") for settlement by conciliation.

(2) The conciliator shall—

(a) endeavour to settle the matter by conciliation a
matter referred to him under subsection (1); and

(b) in any event report the result of his endeavours
to the Minister within fourteen days of the
reference.

(3) The period of fourteen days specified in subsection
(2) may be extended—

(a) by the parties for such period as they may
determine; or

(b) if the conciliator informs the Minister that a
settlement by conciliation seems likely to be
reached within a specified period, by the
Minister for that period.

(4) Where the conciliator determines that a matter
referred to him for settlement by conciliation—

(a) has in fact been so settled; or

(b) cannot be so settled,

he shall report his determination to the Minister in writing, and
the Minister shall forthwith convey the terms of the conciliator's
report to the parties.

POLICE AMENDMENT ACT 1997

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Permanent Police Tribunal
29C (1) There shall be a body called the Permanent Police
Tribunal ("the Tribunal") which shall have power to settle by
arbitration matters referred to it for the purposes of this Part of
the Act.

(2) The Arbitration Act 1986 shall not apply in relation
to anything done by or to the Tribunal under this Act.

Membership of the Tribunal
29D (1) The Tribunal shall consist of three members,
including a chairman, appointed by the Governor by instrument
in writing after consultation with the Minister.

(2) A member of the Tribunal shall be appointed for a
term not exceeding five years and shall be eligible for
reappointment.

(3) Fees shall be paid to members of the Tribunal in
accordance with the provisions of the Government Authorities
(Fees) Act 1971.

Proceedings of the Tribunal
29E (1) Two members of the Tribunal shall constitute a
quorum of the Tribunal.

(2) Notwithstanding subsection (2) of section 29D,
where there is a vacancy in the membership of the Tribunal, the
Governor may appoint a temporary member to fill the vacancy
until such time as—

(a) the member appointed under subsection (1) of
section 29D resumes his duties; or

(b) a new member is appointed under that
subsection.

(3) The proceedings of the Tribunal shall not be open
to the public.

(4) Subject to the provisions of this Part, the Tribunal
shall regulate its proceedings as it thinks fit.

Settlement by arbitration
29F (1) Subject to subsection (2), where the conciliator has
reported under subsection (4) of section 29B that a matter
referred to him under that section has not been settled by
conciliation, the Minister shall within fourteen days refer the

POLICE AMENDMENT ACT 1997

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matter to the Tribunal for arbitration in strict accordance with
terms of reference provided by him.

(2) The Minister shall provide the Minister of Finance
with a copy of the terms of reference in draft, and shall consult
that Minister generally about the terms of reference before he
settles them.

(3) The Tribunal shall—

(a) within thirty days of the reference commence
proceedings for settling a matter referred to it
under subsection (1); and

(b) deliver the award granted by it (the "Tribunal
award") to the Minister within sixty days after
the commencement of those proceedings.

(4) The Minister shall transmit the Tribunal award to
the parties as soon as he receives it.

Awards binding
29G Every Tribunal award shall be binding upon the parties.

Duration of agreements and awards
29H (1) An agreement shall have effect for two years or
such longer or shorter period as the parties may determine.

(2) A Tribunal award shall have effect for such period
as the Tribunal may determine.

(3) An agreement shall have such retroactive effect as
the parties may determine.

(4) A Tribunal award shall have such retroactive effect
as the Tribunal may determine.

(5) Once an agreement or a Tribunal award has taken
effect, it shall by virtue of this subsection continue in force,
notwithstanding its expiry pursuant to subsection (1), until it is
replaced by a new agreement or Tribunal award.".

Amends section 32 of the Act
6 Section 32 of the Act is amended—

(a) by inserting in paragraph (g) of subsection (1) next after
the word "service" the words ", but subject to subsection
(1A)";

(b) by deleting paragraph (k) from subsection (1); and

POLICE AMENDMENT ACT 1997

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(c) by adding next after subsection (1) the following new
subsection—

"(1A) Orders under paragraph (g) of subsection (1)—

(a) may be made with retroactive effect; and

(b) may not be made so as to be at variance with
any agreement or Tribunal award at any time
in force under Part VA of this Act.".

Amends Bermuda Police Association Regulations 1968
7 The Bermuda Police Association Regulations 1968—

(a) are amended in the manner specified in the Second
Schedule to this Act;

(b) as so amended, shall continue in force and may be
amended as if made under section 28(4) of the Act.

Commencement
8 This Act commences on such date as the Minister may appoint
by notice published in the Gazette.

FIRST SCHEDULE (section 2(2)(c))

Consequential Amendments

Column 1
Enactment

Column 2
Amendment

Sections 66(2), 67(1), (3), (4) and
137 of the Bermuda Immigration
and Protection Act 1956:

delete the word "Force" and
substitute "Service".

Paragraph 4 of the Schedule to
the Commissioners for Oaths and
Notaries Public Act 1972:

delete the word "Force" and
substitute "Service".

POLICE AMENDMENT ACT 1997

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Section 3 of the Criminal Code
Act 1907:

delete from the definition of
"police officer" the word "Force"
and substitute "Ser-vice".

Section 12(1)(c) of the Defence Act
1965:

delete the word "Force" and
substitute "Service".

Section 34(5)(b) of the Drug
Trafficking Suppression Act 1988:

delete the word "Force" and
substitute "Service".

Section 24(1)(a) of the Explosive
Substances Act 1974:

delete the words "reserve
constabulary" and substitute
"Reserve Police".

Firearms Act 1973: (a) delete from section 34(2) the
words "police force" and
substitute "Police Service";

(b) delete from section 35(1)(a) the
words "reserve consta-bulary"
and substitute "Reserve
Police".

Section 2 of the Government
Employees (Disability Etc.
Benefits) Act 1953:

delete the words "Reserve
Constabulary" wherever they
appear and substitute "Reserve
Police".

Section 3 of the Interpretation Act
1951:

delete from the definition of
"police officer"—

(a) the word "Force" and
substitute "Service";

(b) the words "Reserve Consta-
bulary" and substitute
"Reserve Police".

POLICE AMENDMENT ACT 1997

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Part I of the First Schedule to the
Jurors Act 1971:

(a) delete the word "Force"
wherever it appears and
substitute "Service";

(b) delete the words "Reserve
Constabulary" and sub-stitute
"Reserve Police".

Section 2(a) of the Labour
Relations Act 1975:

delete the word "Force" and
substitute "Service".

Sections 1 and 10(4)(c) of the
Liquor Licence Act 1974:

delete the word "Force" and
substitute "Service".

Sections 2, 10(1)(b), 24(1) and 92
of the Motor Car Act 1951:

delete the word "Force" and
substitute "Service".

Sections 2, 3, 4, 5, 6, 7, 9, 10, 12,
19, 21, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35 and 36 of
the Police Act 1974:

delete the word "Force" wherever
it appears and substitute
"Service".

Section 1(1) of the Police
Prosecutions Act 1921:

delete the word "Force" and
substitute "Service".

Section 2(c) of the Private
Investigators and Security Guards
Act 1974:

delete the word "Force" and
substitute "Service".

Sections 3 and 8(b) of the
Promissory Oaths Act 1969:

delete the word "Force" and
substitute "Service".

Section 2 of the Revenue Act
1898:

delete from the definition of
"customs officer" the word "Force"
and substitute "Service".

Section 2 of the
Telecommunications Act 1986:

delete from the definition of
"Police" the word "Force" and
substitute "Service".

POLICE AMENDMENT ACT 1997

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Section 2(a) of the Trade Union
Act 1965:

delete the word "Force" and
substitute "Service".

Section 35(1)(a) of the Firearms
Act 1973:

delete the words "Reserve
Constabulary" and substitute
"Reserve Police".

Section 2(1)(a) of the Uniforms
and Decorations Act 1944:

(a) delete the word "Force" and
substitute "Service";

(b) delete the words "Reserve
Constabulary" and substi-tute
"Reserve Police".

Regulations 1 and 5 of the
Regulations for the Award of the
Colonial Special Constabulary
Medal:

delete the words "Reserve
Constabulary" and substitute
"Reserve Police".

Regulations 1 and 5(1) of the
Regulations for the Award of the
Colonial Police Long Service
Medal:

delete the word "Force" and
substitute "Service".

Regulation 1 of the Bermuda
Police Association Regulations
1968:

delete the word "Force" wherever
it appears and substitute
"Service".

Regulation 5 of the Colonial
Prison Service Medal Regulations
1978:

delete the word "Force" and
substitute "Service".

Article 2(1) of the Hamilton Pay
and Display Parking Ordinance
1995:

delete the word "Force" and
substitute "Service".

Article 2 of the Hamilton Traffic
and Sidewalks Ordinance 1988:

delete the word "Force" wherever
it appears and substitute
"Service".

POLICE AMENDMENT ACT 1997

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Regulation 32(2) of the Hotels
(Licensing and Control)
Regulations 1976:

delete the word "Force" and
substitute "Service".

Regulation 3(3A)(c) of the Motor
Car (Control of Design, Colour
and Advertising Matter)
Regulations 1952:

delete the word "Force" and
substitute "Service".

Paragraph 2 of the Police
(Conditions of Service) Order
1995:

delete the word "Force" and
substitute "Service".

Paragraph 1 of the Police
(Discipline) Orders 1975:

delete the word "Force" and
substitute "Service".

Regulation 4(2)(b) of and the
Schedule to the Private
Investigators and Security Guards
Regulations 1974:

delete the word "Force" and
substitute "Service".

Item 1 of the Schedule to the
Public Service (Delegation of
Powers) Regulations 1979:

delete the words "Reserve
Constabulary" and substitute
"Reserve Police".

Reserve Constabulary (General)
Regulations 1951:

(a) delete the word "Force"
wherever it appears and
substitute "Service";

(b) delete the words "Reserve
Constabulary" wherever they
appear and substitute
"Reserve Police".

Criminal Form 12, made in
accordance with Order 3, Rule 15
of the Rules of the Court of
Appeal for Bermuda:

delete the word "FORCE" and
substitute "SERVICE".

POLICE AMENDMENT ACT 1997

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Regulation 5(d) of the Special
Constables (Traffic Wardens)
(Discipline) Regulations 1965:

delete the word "Force" and
substitute "Service".

Article 2 of the St. George's Traffic
Ordinance 1967:

(a) delete the word "Force" where
it first appears in paragraph
(d) and sub-stitute "Service";

(b) delete the word "Force" from
paragraph (f) and substitute
"Service".

Regulations 1; 2; 3 and 5(2) of the
Supply of Information for Civil
Proceedings Regulations 1968:

delete the word "Force" wherever
it appears and substitute
"Service".

Regulation 53(2) of the
Timesharing (Licensing and
Control) Regulations 1982:

delete the word "Force" and
substitute "Service".

SECOND SCHEDULE (section 7)

Amendments to the Bermuda Police Association
Regulations 1968

Column 1
Regulation

Column 2
Amendment

1: delete from the definition of "the Force" the
words "continued under section 2 of the
Police Act 1974 ".

11: delete paragraphs (1), (2) and (3) and
substitute the following paragraphs—

POLICE AMENDMENT ACT 1997

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" (1) The Association may raise funds by
the collection of subscriptions, the
acceptance of donations and the sale of
periodicals and other articles, and from the
proceeds of dances, socials or sporting or
other events held by the Association.

(2) Subject to paragraph (3), every
member shall subscribe either to the
Association or to a charity of his choice
such amount as the Executive Committee
may subject to the approval of the three
joint Branch Boards from time to time
determine.

(3) Paragraph (2) shall not have effect
unless—

(a) a proposal for that purpose
was made by a member to the
Executive Committee in
writing; and

(b) a ballot was taken by an
independent person appointed
by the Minister; and

(c) not fewer than fifty-one per
cent of the members voted in
the ballot in favour of the
proposal.".