Журнал 837-го пленарного заседания Форума по сотрудничеству в области безопасности
The body of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).
The body of constables referred to in subsection (1) shall be styled for operational purposes the “Police Service of Northern Ireland”.
The body of constables known as the Royal Ulster Constabulary Reserve shall continue in being as the Police Service of Northern Ireland Reserve (incorporating the Royal Ulster Constabulary Reserve).
The body of constables referred to in subsection (3) shall be styled for operational purposes “The Police Service of Northern Ireland Reserve”.
There shall be a body corporate to be known as the Northern Ireland Policing Board (in this Act referred to as “the Board”).
Schedule 1 shall have effect in relation to the Board.
The Police Authority for Northern Ireland is hereby dissolved.
Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Police Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect.
The Board shall secure the maintenance of the police in Northern Ireland.
The Board shall secure that— are efficient and effective.
the police,
the police support staff, and
traffic wardens appointed by the Board under section 71,
In carrying out its functions under subsections (1) and (2) the Board shall—
in accordance with the following provisions of this Act, hold the Chief Constable to account for the exercise of his functions and those of the police, the police support staff and traffic wardens;
monitor the performance of the police in—
carrying out the general duty under section 32(1);
complying with section 31A(1);
complying with the Human Rights Act 1998;
carrying out the policing plan;
keep itself informed as to—
the workings of Part VII of the 1998 Act (police complaints and disciplinary proceedings) and trends and patterns in complaints under that Part;
the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 71;
trends and patterns in crimes committed in Northern Ireland;
trends and patterns in recruitment to the police and the police support staff;
the extent to which the membership of the police and the police support staff is representative of the community in Northern Ireland;
assess—
the effectiveness of measures taken to secure that the membership of the police and the police support staff is representative of that community;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the effectiveness of the code of ethics issued under section 52;
make arrangements for obtaining the co-operation of the public with the police in the prevention of crime.
The Board shall—
monitor the exercise of the functions of the National Crime Agency in Northern Ireland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
make arrangements for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime.
In carrying out its functions, the Board shall have regard to—
the principle that the policing of Northern Ireland is to be conducted in an impartial manner;
the policing plan;
any code of practice issued by the Department of Justice under section 27; and
the need—
to co-ordinate its activities with those of other statutory authorities; and
to co-operate with such authorities.
Nothing in subsection (3A) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.
The Board may, subject to the following provisions of this section, employ persons to assist the police.
Senior employees shall be appointed by the Board—
with the approval of the Department of Justice and after consultation with the Chief Constable; and
on such terms and conditions as the Board may, with the approval of the Department of Justice, determine.
Other employees shall be appointed by the Board with the approval of the Department of Justice as to terms and conditions.
Regulations may make provision as to the suitability for appointment under subsection (3) of persons who are so appointed with a view to their being designated under section 30 or 30A of the Police (Northern Ireland) Act 2003.
The Board may make arrangements for administrative, secretarial or other assistance to be provided for the police by persons employed in the civil service.
Before making regulations under subsection (3), the Department of Justice shall consult—
the Board;
the Chief Constable;
the Police Association; and
any other person or body appearing to the Department of Justice to have an interest in the matter.
The following functions of the Board shall be exercised, on behalf of and in the name of the Board, by the Chief Constable—
the power to direct and control senior employees of the Board and all other powers and duties of the Board as employer of such employees, other than the power to appoint and dismiss;
the power to appoint and dismiss other employees, the power to direct and control such employees and all other powers and duties of the Board as employer of such employees;
the power to direct and control persons providing assistance to the police in pursuance of arrangements under subsection (4).
Persons who— are referred to in this Act as the “police support staff”.
are employed by the Board under this section, or
are engaged in pursuance of arrangements under subsection (4) in providing assistance to the police,
In this section and section 5 “senior employee” means an employee of such class or description as may be specified for the purposes of this section by the Board with the approval of the Department of Justice.
The Department of Justice may by regulations provide for the transfer to the employment of the Board of any person to whom this section applies.
Subject to subsection (3), this section applies to any person who immediately before such date as may be prescribed in regulations under subsection (1) (“the prescribed date”) is—
employed in the civil service; and
engaged, in pursuance of arrangements under section 4(4), in providing assistance to the police.
This section does not apply to a person if—
his employment in the civil service terminates on the day immediately before the prescribed date; or
he is withdrawn from work with the Board with effect from the prescribed date.
Subsections (5)(b) and (6) of section 4 shall apply in relation to persons transferred to the employment of the Board under this section as they apply in relation to persons employed by the Board under that section who are not senior employees.
Before making any regulations under this section the Department of Justice shall consult—
the Board;
the Chief Constable; and
such organisations as appear to the Department of Justice to represent the interests of persons affected by the regulations.
The Board may enter into a contract with another person for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
The powers of the Board under this section shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.
The power conferred by this section is subject to any regulations under section 40 of the 1998 Act.
The Board may provide and maintain buildings and equipment for police purposes.
The Board may enter into arrangements with any other person for the maintenance, on such terms as the Board may determine, of equipment used by that person; and maintenance of equipment carried out in pursuance of any such arrangements shall be treated for the purposes of this Act as maintenance of equipment for police purposes.
The powers of the Board under this section shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.
Nothing in this section confers power to acquire or hold land.
The power conferred by this section to provide equipment is subject to any regulations under section 40 of the 1998 Act.
The power conferred by this section to provide buildings or equipment includes power to enter into a contract with another person for the provision or making available of buildings or equipment together with any services relating to such buildings or equipment.
The Board may acquire, hold and dispose of land for police purposes.
The power of the Board to acquire land includes power to acquire it compulsorily in accordance with subsections (3) and (4).
Where the Board proposes to acquire any land compulsorily it may apply to the Department of Justice for an order (“a vesting order”) vesting that land in the Board and the Department of Justice may make such an order.
Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order made under this section as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications—
for any reference to the council there shall be substituted a reference to the Board;
for any reference to the Ministry concerned there shall be substituted a reference to the Department of Justice;
for any reference to that Act there shall be substituted a reference to this Act;
in paragraph 6(2) for the words from “the fund” to the end there shall be substituted the words “ funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments out of the compensation fund ”; and
in paragraph 12(2) for “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the Policing Board ”.
Subject to the provisions of this section, the Board may provide advice and assistance to—
an international organisation or institution; or
any other person or body engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the Board or the Chief Constable.
The power conferred on the Board by subsection (1) includes a power to make arrangements under which a police officer is engaged for a period of temporary service with a body or person within paragraph (a) or (b) of that subsection.
The power conferred by subsection (1) shall not be exercised except with the consent of the Department of Justice which may be given subject to such conditions as appear to the Department of Justice to be appropriate.
Nothing in this section authorises the Board to provide any financial assistance by making a grant or loan or giving a guarantee or indemnity.
The Board may make charges for advice or assistance provided by it under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Department of Justice shall for each financial year make to the Board —
a grant for pension purposes;
a grant for other police purposes.
Grants under this section— as the Department of Justice may determine.
shall be of such amount;
shall be paid at such time, or in instalments of such amounts and at such times; and
shall be made on such conditions,
A time determined under subsection (2)(b) may fall within or after the financial year concerned.
Subject to subsections (5), (6) and (8), the Board may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require for the purpose of defraying expenses pending the receipt of moneys receivable by the Board.
The total amount owing of money borrowed under subsection (4) shall not at any time exceed such sum as the Department of Justice may specify to the Board in writing.
Any sum borrowed under subsection (4) shall be repaid before the end of the financial year in which it is borrowed.
Subject to subsection (8), the Board may, with the consent of the Department of Justice, borrow or raise money on such terms and subject to such conditions as the Department of Justice may approve upon the security of any property or assets of the Board for all or any of the following purposes—
meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;
redeeming any loan previously borrowed or raised under this section; or
any other purpose for which capital moneys may properly be applied.
The Board may not borrow or raise money under this section for any purposes other than police purposes.
The Board shall prepare and submit to the Department of Justice, at such times and in such form as the Department of Justice may direct—
estimates of the receipts and payments of the Board for pension purposes during such period as may be specified in the direction;
estimates of the receipts and payments of the Board for other police purposes during such period as may be specified in the direction.
The Board shall submit to the Department of Justice such other information relating to the estimates submitted under subsection (1) as the Department of Justice may require.
Drafts of the estimates of receipts and payments for pension purposes and other police purposes shall be submitted by the Chief Constable to the Board.
The estimates submitted by the Board under subsection (1) shall be either—
in the form of the drafts submitted under subsection (2); or
in that form with such amendments as the Board may, after consultation with the Chief Constable, determine.
The Board shall comply with such directions as the Department of Justice may give as to the application of moneys received by the Board otherwise than by way of grant under section 9(1) or paragraph 15 of Schedule 1; and to the extent that any statutory provision or any such direction does not require moneys so received to be applied in a particular manner or for a particular purpose, the Board shall apply those moneys for police purposes other than pension purposes.
The Board shall in each financial year put at the disposal of the Chief Constable for other police purposes—
an amount equal to the amount of the grant for other police purposes received in that year by the Board under section 9(1)(b);
any amount received by the Board in that year which is required to be applied for other police purposes by subsection (4) or directions under that subsection or by any other statutory provision.
by subsection (4) or directions under that subsection; or
by any other statutory provision.
The Board shall in each financial year put at the disposal of the Chief Constable for pension purposes—
an amount equal to the amount of the grant for pension purposes received in that year by the Board under section 9(1)(a);
any amount received by the Board in that year which is required to be applied for pension purposes by directions under subsection (4) or by any other statutory provision.
The Chief Constable may, at the request of any person, provide special police services subject to the payment to the Board of such charges, or charges on such scales, as may be determined by the Board.
The Board shall in relation to each of the amounts specified in subsection (1A) —
keep proper accounts and proper records in relation to the accounts; and
prepare a statement of accounts in respect of each financial year.
The amounts are—
the amounts put at the Chief Constable’s disposal under section 10(4A);
any amount received by the Board and paid into the Police Fund in accordance with regulations under section 28(1) of the Police (Northern Ireland) Act 1998;
any amount received by the Board and paid into the Police Property Fund in accordance with regulations under section 31(4) of that Act;
the other amounts put at the Chief Constable’s disposal under section 10(5) of this Act.
The functions of the Board under subsection (1) shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.
Each statement of accounts required under subsection (1) shall contain such information and shall be in such form as the Department of Justice may determine.
The Chief Constable shall submit each statement of accounts to the Board within such period after the end of the financial year to which the accounts relate as the Department of Justice may determine.
The Board shall send copies of each statement of accounts to the Department of Justice and the Comptroller and Auditor General for Northern Ireland within such further period as the Department of Justice may determine.
The Comptroller and Auditor General for Northern Ireland shall—
examine, certify and report on each statement of accounts received by him under this section; and
lay copies of each statement of accounts and of his report on it before the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.
The Board may, on the recommendation of the Chief Constable, pay rewards for exceptional diligence or other specially meritorious conduct to—
police officers;
members of the police support staff; and
traffic wardens.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part—
a member of the Police Service of Northern Ireland; or
“district commander” means a police officer designated under section 20(3); and
“statutory authority” means—
“senior officer”, in relation to the Police Service of Northern Ireland, means an officer above the rank of superintendent;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the Secretary of State is satisfied that a district council has failed to comply with— he may, after consulting the Board, direct the council to take, within such period as is specified in the direction, such action for the purpose of remedying the default as is so specified.
section 14(1), or
any provision of Schedule 3,
If a district council fails to comply with a direction under subsection (1), the Secretary of State may—
declare the council to be in default; and
make an order empowering the Board to exercise the functions of that council to such extent as appears to him necessary or expedient to secure that a district policing partnership is duly established for the district of the council.
An order under subsection (2) may provide for Schedule 3 to have effect in relation to the exercise by the Board of any functions of the district council with such modifications as may be specified in the order.
An order under subsection (2) may confer on the Board power to remove any members of a district policing partnership holding office at the date of the order.
Any costs incurred by the Board under an order under subsection (2) shall in the first instance be defrayed as expenses of the Board, but—
an amount equal to one quarter of those costs as certified by the Board shall on demand be paid to the Board by the council; and
any sums demanded under paragraph (a) may be recovered summarily by the Board as a debt.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The functions of a district policing partnership shall be—
to provide views to the district commander for any police district which is, or is included in, the district and to the Board on any matter concerning the policing of the district;
to monitor the performance of the police in carrying out—
the policing plan in relation to the district; and
the local policing plan applying to the district or any part of the district;
to make arrangements for obtaining—
the views of the public about matters concerning the policing of the district; and
the co-operation of the public with the police in preventing crime;
to act as a general forum for discussion and consultation on matters affecting the policing of the district; and
such other functions as are conferred on it by any other statutory provision.
In exercising its functions, a district policing partnership shall have regard to a code of practice under section 19.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A district policing partnership shall, not later than 3 months after the end of each financial year, submit to the district council a general report on the exercise of its functions during that year.
When a district policing partnership submits its report under subsection (1), it shall at the same time send a copy of the report to the Board.
A report under this section shall include details of the arrangements made under section 16(1)(c).
Before submitting any report under this section, a district policing partnership shall consult the district commander of any police district which is, or is included in, the district.
The district council shall arrange for a report submitted under this section to be published in such manner as appears to the council to be appropriate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A district policing partnership shall, whenever so required by the Board, submit to the Board a report on any such matter connected with the exercise of its functions as may be specified in the requirement.
A report under this section shall be made—
in such form as may be specified in the requirement under subsection (1); and
within the period of three months from the date on which that requirement is made, or within such longer period as may be agreed between the district policing partnership and the Board.
The Board may arrange for a report under this section to be published in such manner as appears to the Board to be appropriate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Board shall issue, and may from time to time revise, a code of practice containing guidance as to the exercise by district policing partnerships of their functions.
The Board shall obtain the agreement of the Secretary of State before issuing a code of practice, or revised code of practice, under this section.
Before issuing or revising a code of practice under this section the Board shall consult—
district councils; and
the Chief Constable.
The code of practice under this section may in particular include provisions concerning—
the procedures for meetings of a district policing partnership;
the holding of public meetings by a district policing partnership;
the arrangements for giving notice of meetings, and in particular for the giving of such notice to district commanders and to the public;
the arrangements for the submission by or to a district policing partnership of reports and other documents;
the arrangements for enabling questions on the discharge by police officers of their functions in the district to be put by members of the district policing partnership for answer by the district commander of any police district which is, or is included in, the district or a police officer nominated by him for the purpose;
the arrangements for the monitoring of the performance of the police in carrying out—
the policing plan in relation to the district; and
the local policing plan applying to the district or any part of the district;
the arrangements to be made by a district policing partnership as a result of section 16(1)(c);
the arrangements for dealings with the Board.
The Board shall arrange for any code of practice issued or revised under this section to be published in such manner as appears to it to be appropriate.
Each district, other than Belfast, shall be a police district.
In the district of Belfast there shall be such number of police districts (not exceeding 4), as may be determined by the Chief Constable; and each such police district shall consist of such area as may be so determined.
For each police district the Chief Constable shall designate as district commander a police officer of the required rank.
In any statutory provision—
for any reference to a police sub-division there shall be substituted a reference to a police district established under this section;
for any reference to a sub-divisional commander there shall be substituted a reference to a district commander designated under this section.
“Required rank” means a rank not less than that of chief inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The district council for Belfast shall establish a sub-group of its district policing partnership for each police district established under section 20(2).
The function of each sub-group shall be to provide views to the district commander of the sub-group’s police district and to the district policing partnership on any matter concerning the policing of that police district.
Each sub-group shall consist of at least six members of the partnership.
The members of a sub-group shall be appointed by the partnership.
The members of a sub-group shall appoint a member to act as chairman of the sub-group.
If they are unable to agree on whom to appoint as chairman, the partnership shall appoint the chairman.
The code issued under section 19 may contain guidance as to the exercise by sub-groups of their functions.
A sub-group established under section 21 shall, not later than 2 months after the end of each financial year, submit to the district policing partnership for Belfast a general report on the exercise of its functions during that year.
A report under subsection (1) shall include details of the arrangements made under section 21(2)(c).
Before submitting any report under subsection (1), a sub-group shall consult the district commander of its police district.
Each district commander shall issue, and may from time to time revise, a plan (“the local policing plan”) setting out the proposed arrangements for the policing of the police district.
The local policing plan may relate to matters to which the policing plan also relates, or to other matters, but in any event shall be so framed as to be consistent with the policing plan.
Before issuing or revising a local policing plan, the district commander shall consult the policing and community safety partnership whose district is, or includes, the police district and take account of any views expressed.
Before issuing or revising a local policing plan for a police district established under section 20(2), the district commander shall also consult the district policing and community safety partnership and take account of any views expressed.
The district commander shall arrange for the local policing plan issued or revised under this section to be published in such manner as appears to him to be appropriate.
The district policing partnership for Belfast shall, not later than 4 months after the end of each financial year, submit to the district council for Belfast a general report on the exercise during that year of—
its functions;
the functions of the sub-groups established under section 21.
When the district policing partnership submits its report under subsection (1) it shall at the same time—
send to the council copies of the sub-group reports for the year;
send copies of its report and the sub-group reports for the year to the Board.
If the district policing partnership has made arrangements under section 16(1)(c) the report under subsection (1) shall include details of the arrangements.
Before submitting any report under subsection (1), the district policing partnership shall consult the district commander of each police district in the district of Belfast.
The district council shall arrange for a report submitted under subsection (1) to be published in such manner as appears to the council to be appropriate.
The district council may arrange for a sub-group report to be published with the report submitted under subsection (1) if—
the council considers publication of the sub-group report to be appropriate, or
the district policing partnership has requested the publication of the sub-group report.
A “sub-group report” is a report submitted to the district policing partnership under section 21A.
A sub-group established under section 21 shall, whenever so required by the district policing partnership for Belfast, submit to the partnership a report on any matter which is specified in the requirement and is connected with the exercise of its functions.
A report under this section shall be made—
in such form as may be specified in the requirement under subsection (1); and
within the period of 2 months from the date on which that requirement is made, or within such longer period as may be agreed between the sub-group and the partnership.
The partnership may arrange for a report submitted under this section to be published in such manner as appears to the partnership to be appropriate.
Subsection (3) does not apply if the partnership has imposed the requirement under subsection (1) to enable it to comply with a requirement imposed on it under section 21D(1).
The district policing partnership for Belfast shall, whenever so required by the Board, submit to the Board a report on any matter which is specified in the requirement and is connected with the exercise of—
its functions, or
the functions of a sub-group established under section 21.
A report under this section shall be made—
in such form as may be specified in the requirement under subsection (1); and
within the required period or such longer period as may be agreed between the district policing partnership and the Board.
The required period is—
4 months from the date on which the requirement under subsection (1) is made, if the requirement relates wholly or in part to the functions of a sub-group;
3 months fromthe date on which the requirement under subsection (1) is made, in any other case.
When the district policing partnership submits its report under subsection (1) it shall at the same time send to the Board copies of any related sub-group report.
The Board may arrange for the publication, in such manner as appears to the Board to be appropriate, of—
a report submitted under subsection (1);
a related sub-group report.
A “sub-group report” is a report submitted to the district policing partnership under section 21C.
A sub-group report is related to a report submitted in pursuance of a requirement under subsection (1) if the district policing partnership imposed the requirement to submit the sub-group report to enable it to comply with the requirement under subsection (1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A district policing partnership may, with the approval of the Board, make arrangements to facilitate consultation by the police with any local community within the district.
Where it appears to the Board that a district policing partnership has not made satisfactory arrangements under subsection (1) in relation to any local community, the Board may, after consultation with the district policing partnership, make arrangements to facilitate consultation by the police with that community.
Arrangements made under subsection (1) or (2) may include the establishment of bodies.
The Board may defray the reasonable expenses of any body established by virtue of subsection (3).
Before making any arrangements under this section a district policing partnership or the Board shall consult the Chief Constable as to the arrangements that would be appropriate.
The Department of Justice may determine, and from time to time revise, long term objectives for the policing of Northern Ireland.
Before determining or revising any objectives under this section, the Department of Justice shall consult the Board with a view to obtaining its agreement to the proposed objectives or revision.
the Board;
the Chief Constable; and
such other persons as he thinks appropriate.
Before determining or revising any objectives under this section, the Department of Justice shall also consult—
the Chief Constable;
the Ombudsman;
the Northern Ireland Human Rights Commission;
the Equality Commission for Northern Ireland; and
such other persons as the Department of Justice considers appropriate.
The Department of Justice shall lay before the Northern Ireland Assembly a statement of any objectives determined or revised under this section.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a statement as it applies in relation to the laying of a statutory document under an enactment.
The Board shall determine, and may from time to time revise, objectives for the policing of Northern Ireland.
Objectives under this section may relate to matters to which objectives under section 24 also relate, or to other matters, ...
Before determining or revising objectives under this section, the Board shall—
consult the Chief Constable and the policing committees of policing and community safety partnerships; and
take account of any objectives under section 24;
consider—
any reports received by the Board under Part 3 of the Justice Act (Northern Ireland) 2011; and
any views of the public obtained under arrangements made under that Part.
The Board shall, before the beginning of each financial year, issue a plan (“the policing plan”) setting out proposed arrangements for the policing of Northern Ireland.
The policing plan shall—
contain an assessment of the requirements for educating and training police officers and members of the police support staff and give particulars of the way in which those requirements are to be met; and
include such other statements and give particulars of such other matters as may be prescribed by regulations made by the Department of Justice.
Before making regulations under subsection (2)(b), the Department of Justice shall consult the Board and the Chief Constable.
A draft of the policing plan shall be submitted by the Chief Constable to the Board for it to consider.
The Board may adopt a policing plan either—
in the form of the draft submitted under subsection (4); or
with such amendments as the Board may, after consultation with the Chief Constable, determine.
Before issuing a policing plan adopted under subsection (5), the Board shall consult the Department of Justice.
The Board shall arrange for the policing plan issued under this section to be published in such manner as appears to the Board to be appropriate.
The Department of Justice may issue, and from time to time revise, codes of practice relating to the discharge—
by the Board of any of its functions;
by the Chief Constable of any functions which he exercises—
on behalf of and in the name of the Board;
in relation to funds put at his disposal under section 10(4A) or (5) ; or
under section 26 or Part V.
Before issuing or revising a code of practice under this section, the Department of Justice shall consult the Board with a view to obtaining its agreement to the proposed code of practice or revision.
the Board;
the Chief Constable; and
such other persons or bodies as the Secretary of State considers appropriate.
Before issuing or revising a code of practice under this section, the Department of Justice shall also consult—
the Chief Constable;
the Ombudsman;
the Northern Ireland Human Rights Commission;
the Equality Commission for Northern Ireland; and
such other persons as the Department of Justice considers appropriate.
The Department of Justice shall publish any code of practice issued or revised under this section in such manner as the Department of Justice thinks appropriate.
The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.
The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.
The Board shall, in making arrangements which relate to the functions of the Chief Constable, involve him in the making of those arrangements.
The Board shall prepare and publish a plan (its “performance plan”) for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.
The performance plan shall—
identify factors (“performance indicators”) by reference to which performance in exercising functions can be measured;
set standards (“performance standards”) to be met in the exercise of particular functions in relation to performance indicators; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
its and the Chief Constable’s performance in the previous financial year measured by reference to performance indicators;
the extent to which any performance standard which applied at any time during that year was met.
The Board shall prepare and publish for each financial year a summary (its “performance summary”) of the Board’s assessment of—
its and the Chief Constable’s performance in the year measured by reference to performance indicators;
the extent to which any performance standard which applied at any time during that year was met.
Before publishing its performance plan or publishing its performance summary , the Board must consult the Department of Justice and the Chief Constable.
The performance summary for a financial year may be published—
with a report issued under section 57(1) for the year, or
with the performance plan for the following year.
In this Part—
“performance indicators” and “performance standards” have the meaning given in subsection (5); and
“performance indicators” and “performance standards” have the meaning given in subsection (5); and
Section 2.
The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Board’s property shall not be regarded as property of, or property held on behalf of, the Crown. Subject to the provisions of this Act, section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply to the Board; and, for the purposes of that section, the Board shall be treated as if it were established by an Act of the Northern Ireland Assembly.
While section 1 of the Northern Ireland Act 2000 (suspension of devolved government in Northern Ireland) is in force, Part II below shall have effect in relation to the membership of the Board (and accordingly Part III below shall not have effect). At any other time, Part III below shall have effect in relation to the membership of the Board (and accordingly Part II below shall not have effect). Where either of those Parts ceases to have effect in relation to the Board, the members of the Board holding office under that Part shall cease to do so, but may again become members of the Board under the other of those Parts.
This paragraph applies if, by virtue of section 2(2) of the Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), the Secretary of State makes a restoration order under section 2(2) of the Northern Ireland Act 2000 providing for section 1 of that Act to cease to have effect on 26 March 2007. Where this paragraph applies, the effect of paragraph 2(1) and (2) is modified as follows. On 26 and 27 March 2007 Part II below shall continue to have effect in relation to the Board (and accordingly Part III below shall not have effect). On 28 March 2007—
The Board shall consist of not less than 14 nor more than 19 members appointed by the Secretary of State. The Secretary of State may by order amend either or both of the numbers for the time being specified in sub-paragraph (1). The Secretary of State shall so exercise his powers of appointment under this paragraph as to secure that as far as is practicable the membership of the Board is representative of the community in Northern Ireland. Before making any appointment under this paragraph, the Secretary of State shall consult— The Secretary of State shall publish, in such manner as he considers appropriate, the names of bodies consulted by him under sub-paragraph (4)(b). Sub-paragraphs (4) and (5) do not apply to the first appointment of members of the Board under this Part following the making by the Secretary of State of an order revoking a restoration order under section 2(2) of the Northern Ireland Act 2000. A person is disqualified for membership of the Board if— There shall be a chairman and a vice-chairman of the Board. The first chairman and vice-chairman of the Board under this Part shall be appointed by the Secretary of State. Subsequent appointments to the office of chairman and vice-chairman shall be made by the Board from among its members.
Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member or as chairman or vice-chairman of the Board in accordance with the terms of his appointment. The chairman, vice-chairman and other members of the Board may not be appointed for a term of more than 4 years at a time, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place he is appointed. A person may at any time resign as a member or as chairman or vice-chairman of the Board by notice in writing to the Secretary of State. A person shall cease to hold office as a member or as chairman or vice-chairman if he becomes disqualified for membership of the Board. The Secretary of State may remove a person from office as a member or as chairman or vice-chairman of the Board if satisfied that— A member of the Board whose term of office expires or who has resigned shall be eligible for re-appointment.
The Board may pay to the chairman, vice-chairman and other members of the Board such remuneration and allowances as the Secretary of State may determine. If a person ceases to be a member of the Board otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may direct the Board to make to the person a payment of such amount as the Secretary of State may determine.
The Board shall consist of 19 members of whom— In this Part—
Where this Part comes into effect in relation to the Board, the political members shall be nominated by applying sub-paragraphs (3) to (8) within the prescribed period. Where at any other time— all political members shall cease to hold office and the political members shall be nominated by applying sub-paragraphs (3) to (8) within the prescribed period. At the request of the Minister of Justice, the nominating officer of the political party for which the formula in sub-paragraph (7) gives the highest figure may nominate a person as a member of the Board who— The nominated person may take up office as a member of the Board by making a statement to that effect to the Minister of Justice. If— that power shall become exercisable by the nominating officer of the political party for which the formula in sub-paragraph (7) gives the next highest figure. Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that all of the offices as political member are filled. The formula is— where— S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election; and M = the number of members of the party (if any) who hold office as a political member of the Board. Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly. A political member shall cease to hold office if— Where a person ceases to hold office as a political member otherwise than by virtue of sub-paragraph (2), the nominating officer of the party on whose behalf that person was nominated may nominate a person to hold the office who— If— the vacancy shall be filled by applying sub-paragraphs (3) to (8) within such further period as may be prescribed. Where— the party shall be disregarded for the purposes of any application of sub-paragraphs (3) to (8). In this paragraph—
The Minister of Justice shall so exercise his powers of appointment under paragraph 6(1)(b) as to secure that as far as is practicable the membership of the Board is representative of the community in Northern Ireland. Before making any appointment under paragraph 6(1)(b), the Minister of Justice shall consult— The Minister of Justice shall publish, in such manner as he considers appropriate, the names of bodies consulted by him under sub-paragraph (2)(c). In relation to the first appointment of members of the Board under this Part following the making of a restoration order by the Secretary of State under section 2(2) of the Northern Ireland Act 2000— In relation to the first appointment of members of the Board following the coming into effect of this Part in accordance with paragraph 2A(4)(b), the Secretary of State may, notwithstanding anything in sub-paragraph (1), so exercise his powers of appointment under paragraph 6(1)(b) as to secure that— Where a vacancy in the membership of the Board arises as a result of— no appointment shall be made to fill the vacancy, and paragraph 6(1)(b) shall have effect subject to this sub-paragraph. Subject to the following provisions of this paragraph, a person shall hold and vacate office as an independent member in accordance with the terms of his appointment. An independent member may not be appointed for a term of more than 4 years at a time. A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place he is appointed. An independent member shall cease to hold office if— A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.
The Minister of Justice may remove a person from office as an independent or political member of the Board if satisfied that— The Minister of Justice may remove a person from office as an independent member of the Board if satisfied that he has failed to comply with the terms of his appointment.
A person is disqualified for membership of the Board if— A person removed from office under paragraph 9(1) is disqualified for membership of the Board until the date of the dissolution of the Assembly next following his removal.
There shall be a chairman and a vice-chairman of the Board. The first chairman and vice-chairman of the Board under this Part shall be appointed by the Secretary of State from among the members of the Board. Before making any appointment under sub-paragraph (2), the Secretary of State shall consult the First Minister and the deputy First Minister. Subsequent appointments to the office of chairman and vice-chairman shall be made by the Board from among its members. Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman or vice-chairman in accordance with the terms of his appointment. A person may at any time resign as chairman or vice-chairman by notice in writing to the Board. A person appointed to fill a casual vacancy as chairman or vice-chairman shall hold office for the remainder of the term of the person in whose place he is appointed. If the chairman or vice-chairman ceases to be a member of the Board, he shall also cease to hold office as chairman or vice-chairman. Any appointment of a chairman or vice-chairman during the transitional period shall be for a term expiring at the end of the transitional period.
The Board may pay to the chairman, vice-chairman and other members of the Board such remuneration and allowances as the Minister of Justice may determine. If a person ceases to be a member of the Board otherwise than on the expiry of his term of office and it appears to the Minister of Justice that there are special circumstances which make it right for that person to receive compensation, the Minister of Justice may direct the Board to make to the person a payment of such amount as the Minister of Justice may determine.
The Board may, with the approval of the Department of Justice as to numbers and terms and conditions of service, employ persons to enable the Board to discharge its functions. The Board may make arrangements for administrative, secretarial or other assistance to be provided for the Board by persons employed in the civil service.
The Department of Justice may by regulations provide for the transfer to the employment of the Board of any person to whom this paragraph applies. Subject to sub-paragraph (3), this paragraph applies to any person who immediately before such date as may be prescribed in regulations under sub-paragraph (1) (“the prescribed date”) is— This paragraph does not apply to a person if— Before making any regulations under this paragraph the Department of Justice shall consult—
The Department of Justice shall for each financial year make to the Board a grant for defraying the expenses of the Board. A grant under this paragraph— as the Department of Justice may, with the approval of the Department of Finance and Personnel, determine. A time determined under sub-paragraph (2)(b) may fall within or after the financial year concerned.
The Board shall in relation to grants received under paragraph 15— The statement of accounts shall contain such information and shall be in such form as the Department of Justice may determine. The Board shall send copies of the statement of accounts to the Department of Justice and the Comptroller and Auditor General for Northern Ireland within such period after the end of the financial year to which the accounts relate as the Department of Justice may determine. The Comptroller and Auditor General for Northern Ireland shall— Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.
Subject to sub-paragraph (2), the quorum for a meeting of the Board shall be seven. The quorum for a meeting of the Board at which any appointment is to be made under paragraph 3(10) or 11(4) shall be— For the purposes of sub-paragraph (2), any vacancy in the membership of the Board is to be disregarded. Subject to paragraphs 17A and 18 and section 23(9) of the Police (Northern Ireland) Act 2003 , every question at a meeting of the Board 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. If the chairman and vice-chairman are absent from a meeting of the Board, the members present shall elect one of their number to act as chairman of the meeting. The Board shall determine the procedures to be followed by it in exercising its power under section 59(1). The Board shall— Subject to sub-paragraphs (1) to (7) the Board may regulate its own procedure.
Sub-paragraph (2) applies if— The chairman shall, no later than three working days after the day on which he receives the request, call such a meeting. The meeting shall be held no earlier than six, and no later than twenty-one, working days after the day on which the chairman calls the meeting . The chairman shall notify each member of the Board of the date and purpose of the meeting. The Board shall not take any of the steps mentioned in sub-paragraph (1)(a) unless a proposal to that effect has been approved by— The required number of members is— For the purposes of sub-paragraph (6), any vacancy in the membership of the Board is to be disregarded.
The Board shall not give an authorisation under section 47A(1) unless a proposal to do so has been approved by each member of the Board present and voting on the question at a meeting of the Board.
This paragraph applies to a meeting held by the Board for the purpose of receiving and considering a report on policing from the Chief Constable prepared for the meeting. There must be at least eight meetings in each year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Board must give such notice of a meeting as it considers appropriate. Members of the public may attend any meeting. But that does not prevent the Board from excluding the public, or particular members of the public, from a meeting, or from part of a meeting, in order to prevent or suppress disorderly conduct or other misbehaviour at, or a disturbance of, the meeting.
The validity of any proceedings of the Board or a committee thereof shall not be affected by—
any defect in the appointment of the chairman or vice-chairman or any other member; or
any vacancy in the office of chairman or vice-chairman or among the other members.
The application of the seal of the Board shall be authenticated by the signatures of—
two members of the Board; and
some other person generally or specially authorised by the Board to act for that purpose.
The Director General of the National Crime Agency must attend a meeting of the Board if the Board gives the Director General a reasonable period of notice of the meeting. The Director General may not be given notice under this paragraph of a meeting that is to be held in accordance with—
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 Board by any person generally or specially authorised by the Board to act for that purpose. Before entering into contracts for the supply of goods or the execution of works, the Board shall comply with such requirements as the Department of Justice may direct. A document purporting to be an instrument made or issued by or on behalf of the Board and— shall be received in evidence and treated (without further proof) as being so made or issued unless the contrary is shown.
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 applying for the interpretation of those sections) shall apply to the Board and its members as if—
in those sections—
any reference to a council were a reference to the Board;
any reference to a councillor were a reference to a member of the Board;
any reference to the clerk of the council were a reference to such officer of the Board as the Department of Justice may specify;
in section 28(4) of that Act for the words from “by any local elector” to the end there were substituted the words “ by any person ”;
in section 29 of that Act any reference to the Ministry were a reference to the Department of Justice.
The Board may , subject to sub-paragraphs (1A) to (1E) — The Board shall constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if— The purposes are— The Board may not constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if a committee of its members has already been constituted for those purposes under sub-paragraph (1) or (1A). A committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B) shall consist of 7 members of the Board. The members of a committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B)— The powers of any committee of the Board shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the Board.
Section 2.
In this Schedule—
“the Authority” means the Police Authority for Northern Ireland;
“the police” means—
“special purposes committee” means a committee constituted by the Board under paragraph 24(1) or (1A) of Schedule 1 for the purposes mentioned in paragraph 24(1B) of that Schedule;
“provide” and “maintain” have the same meaning as, by virtue of section 147 of the Local Government Act (Northern Ireland) 1972, they have for the purposes of that Act;
The functions exercisable by the Authority immediately before the transfer date under— shall as from that date be exercisable by the Board. Sub-paragraph (1) applies only to provisions which have continuing effect.
All property, rights and liabilities to which the Authority is entitled or subject immediately before the transfer date shall on that date be transferred to, and by virtue of this paragraph vest in, the Board. This paragraph does not apply to rights and liabilities under a contract of employment (which are dealt with in paragraph 4). A certificate by the Department of Justice that any property, right or liability has vested in the Board under this paragraph shall be conclusive evidence of that fact for all purposes.
Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the transfer date is employed by the Authority. This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the transfer date. Where a person— he shall be treated as if he were a person to whom this paragraph applies. A contract of employment between a person to whom this paragraph applies and the Authority shall have effect from the transfer date as if originally made between that person and the Board. Without prejudice to sub-paragraph (4)— Sub-paragraphs (4) and (5) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the Authority that he objects to the transfer. Where an employee objects as mentioned in sub-paragraph (6), his contract of employment with the Authority is terminated immediately before the transfer date, but he shall not be treated, for any purpose, as having been dismissed by the Authority. A person transferred to the employment of the Board under this paragraph shall be treated— This paragraph does not prejudice any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change of employer effected by this paragraph unless the employee shows that, in all the circumstances, the change is a significant change and to his detriment.
This paragraph applies to a person who immediately before the transfer date is engaged in pursuance of arrangements under section 3(4) of the 1998 Act in providing assistance to the Authority. If, immediately before the transfer date a person to whom this paragraph applies was a member of the police service staff of the Authority, he shall be treated as a member of the police support staff engaged in pursuance of arrangements made under section 4(4). In any other case, he shall be treated as a person engaged in providing assistance to the Board in pursuance of arrangements under paragraph 13(2) of Schedule 1.
Any reference in any statutory provision or document to the Authority shall, in relation to any time after the transfer date, be construed as a reference to the Board. Nothing in section 2 or this Schedule affects the validity of any document made or issued or any other act done by, or in relation to, the Authority before the transfer date; and any such document or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Board. Anything (including any legal proceedings) in the process of being done by or in relation to the Authority immediately before the transfer date may be continued by or in relation to the Board.
In this paragraph “the relevant period” means the period— The Board shall— The Comptroller and Auditor General shall—
Section 14.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any defect in the appointment of the chairman or vice-chairman or any other member; or
any vacancy in the office of chairman or vice-chairman or among the other members.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in those sections—
any reference to a council were a reference to the DPP;
any reference to a councillor were a reference to a member of the DPP;
any reference to the clerk of the council were a reference to the person acting as secretary to the DPP;
in section 28(4) of that Act for the words from “by any local elector” to the end there were substituted the words “by any person”;
in section 29 of that Act any reference to the Minister were a reference to the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 67.
Subject to the following provisions of this paragraph, a person shall hold and vacate office as the Commissioner in accordance with the terms of his appointment. An appointment as Commissioner may be full-time or part-time. The first appointment as Commissioner shall come to an end on 31 May 2003. Any other appointment as Commissioner shall be for a period not exceeding 3 years. A person may at any time resign his office as Commissioner by notice in writing to the Secretary of State. The Secretary of State may call upon the Commissioner to retire if satisfied that the Commissioner has— Before calling upon the Commissioner to retire, the Secretary of State shall give the Commissioner an opportunity to make, either personally or otherwise, representations to him and shall consider any representations that he makes. A Commissioner who is called upon to retire under sub-paragraph (6) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between him and the Secretary of State.
On appointing the Commissioner, the Secretary of State shall give him written terms of reference. The terms of reference shall, in particular, describe the changes in policing in Northern Ireland the implementation of which it is the general function of the Commissioner to oversee.
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Commissioner as he may determine. Where a person ceases to hold office as Commissioner otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.
The Commissioner may, with the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks fit to enable him to carry out his functions. The Commissioner may make arrangements for administrative, secretarial or other assistance to be provided for him by persons employed in the civil service. Employment by the Commissioner appointed under section 67 of the Police (Northern Ireland) Act 2000.
The Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Commissioner.
Any functions of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for the purpose by the Commissioner. “Officer of the Commissioner” means—
A document purporting to be duly signed by, or on behalf of, the Commissioner shall be received in evidence and, unless the contrary is proved, be taken to be so signed.
The Secretary of State shall pay to the Commissioner such sums as appear to the Secretary of State to be appropriate for defraying the expenses of the Commissioner under this Act.
The Commissioner shall— The Comptroller and Auditor General shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
Section 74.
The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows. Omit Article 19. In Article 82(4) for “Article 19” substitute “ Articles 84 and 85 ”. After Article 83 insert—
The Race Relations (Northern Ireland) Order 1997 shall be amended as follows. Omit Article 17. In Article 71(3) for “Article 17” substitutes “ Articles 72A and 72B ”. After Article 72 insert—
The Fair Employment and Treatment (Northern Ireland) Order 1998 shall be amended as follows. For Article 94 substitute—
Section 78.
In the Interpretation Act (Northern Ireland) 1954 after section 43 insert—
Northern Ireland Policing Board .
The House of Commons Disqualification Act 1975 shall be amended as follows. In section 1(3) in the definition of “police authority” for “Police Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”. Chairman or vice-chairman of the Northern Ireland Policing Board. Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000.
The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows. In section 1(2) in the definition of “police authority” for “Police Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”. Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000.
“Police Service of Northern Ireland” and “Police Service of Northern Ireland Reserve” have the same meaning as in the Police (Northern Ireland) Act 2000;
In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 for sub-paragraph (a) substitute—.
In section 107(3)(k) of the Finance Act 1981 for “the Police Authority for Northern Ireland” substitute “ the Northern Ireland Policing Board ”.
In section 31(3)(c) of the Aviation Security Act 1982 for “Police Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”.
In section 12(1)(e) of the Official Secrets Act 1989 for the words in brackets substitute “ (including the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve) ”.
The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows. In Article 2(2) omit the definition of “police officer”. In Articles 7(1), 50(2) and 56(14) for “section 48(1) of the Police (Northern Ireland) Act 1998” substitute “ section 58(1) of the Police (Northern Ireland) Act 2000 ”. In Article 32(4)(b) for “Police Authority” substitute “ Policing Board ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 22(4)(b) of the Aviation and Maritime Security Act 1990 for sub-paragraph (ii) substitute—.
The Police Act 1996 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 97(1)(f) and (7)(b) for “Royal Ulster Constabulary” substitute “ Police Service of Northern Ireland ”. In section 98(1) to (5) for “Royal Ulster Constabulary” (wherever occurring) substitute “ Police Service of Northern Ireland ”. In section 98 for subsections (8) and (9) substitute—.
Police officers and any other person employed in any capacity by virtue of which he has the powers and privileges of a constable. Members and staff of the Policing Board.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Article 23(5)(a) and (b) of the Proceeds of Crime (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.
In Article 84(2) of the Road Traffic Offenders (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.
The Employment Rights (Northern Ireland) Order 1996 shall be amended as follows. In Article 72A(2) for sub-paragraph (a) substitute—. In Article 169A(2) for sub-paragraph (a) substitute—. In Article 243(3) for sub-paragraph (a) substitute—.
In Article 84(b) of the Licensing (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.
In Article 51 of the Registration of Clubs (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.
The Police Act 1997 shall be amended as follows. In that Act— In that Act for “Police Authority for Northern Ireland” (wherever occurring) substitute “ Northern Ireland Policing Board ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Articles 44(1), 45, 51 and 54(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 for “Police Authority” (wherever occurring) substitute “ Policing Board ”.
In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order 1997—
in the definition of “the relevant authority” for paragraph (a) substitute—;
in the definition of “the relevant fund” for paragraph (aa) substitute—;
in the definition of “the responsible officer” for paragraph (a) substitute—.
The Police (Northern Ireland) Act 1998 shall be amended as follows. In Part III— In section 33(2)(c) for “Police Authority” substitute “ Board ”. In Part V— In Part VII— In Part VIII— In Schedule 3— In Schedule 5, in paragraph 2 for “Royal Ulster Constabulary” substitute “ Police Service of Northern Ireland ”.
The Northern Ireland Act 1998 shall be amended as follows. In section 75(3) after paragraph (c) insert—. In section 76(7) for paragraph (e) substitute—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Freedom of Information Act 2000 shall be amended as follows. In Part V of Schedule 1— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 78.
In relation to any time before the coming into force of section 78(2), any reference in any statutory provision (including this Act)—
to the Chief Constable of the Police Service of Northern Ireland shall be construed as a reference to the Chief Constable of the Royal Ulster Constabulary;
to a person holding any other particular rank, or a rank of any particular description, in the Police Service of Northern Ireland shall be construed as a reference to a person holding that rank, or a rank of that description, in the Royal Ulster Constabulary;
to a police officer serving in the Police Service of Northern Ireland shall be construed as a reference to a member of the Royal Ulster Constabulary;
to a police officer serving in the Police Service of Northern Ireland Reserve shall be construed as a reference to a member of the Royal Ulster Constabulary Reserve;
to the Police Service of Northern Ireland Reserve in any other context shall be construed as a reference to the Royal Ulster Constabulary Reserve;
to the Police Service of Northern Ireland in any other context shall be construed as a reference to the Royal Ulster Constabulary.
At any time before the commencement of section 2, references in sections 43 to 49 to the Board shall be construed as references to the Police Authority for Northern Ireland.
Any body established by arrangements made under section 7(1) of the 1998 Act and in existence immediately before the coming into force of section 23 shall be treated as having been established by arrangements made by the Board under that section.
“nominating officer” means— “registered” means registered under the Registration of Political Parties Act 1998 or the Political Parties, Elections and Referendums Act 2000;
Section 78. Chapter or Number Short title Extent of repeal 1954 c. 33 (N.I.). Interpretation Act (Northern Ireland) 1954. In section 43(2), the definitions of “Chief Constable”, “constable” and “reserve constable”. 1975 c. 24. House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entry relating to Chairman or Vice-chairman of the Police Authority for Northern Ireland. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Police Authority for Northern Ireland. 1976 NI 15. Sex Discrimination (Northern Ireland) Order 1976. Article 19. 1978 NI 9. Health and Safety at Work (Northern Ireland) Order 1978. In Article 47A(3) the words “of the Royal Ulster Constabulary”. 1989 NI 12. Police and Criminal Evidence (Northern Ireland) Order 1989. In Article 2(2) the definitions of “police officer” and “Police Authority”. 1997 c. 50. Police Act 1997. In Schedule 9, paragraphs 32 and 37. 1997 NI 2. Road Traffic Regulation (Northern Ireland) Order 1997. In Article 2(2), the definition of “the Police Authority”. 1997 NI 6. Race Relations (Northern Ireland) Order 1997. Article 17. 1998 c. 32. Police (Northern Ireland) Act 1998. Parts I and II. Sections 18 to 24. Sections 36 to 39. Part VI. Section 61(7). Section 70. Section 72(3). Schedules 1 and 2. In Schedule 4, paragraphs 3, 12, 17, 18(2), (4) and (5), 20(6), 22(6), 24 and 25.
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
“performance summary” means a summary prepared by the Board under subsection (5A).
A performance plan and a performance summary shall be audited by the Comptroller and Auditor General for Northern Ireland.
An audit of a performance plan or a performance summary is an examination for the purpose of establishing whether the plan or summary was prepared and published in accordance with the requirements of section 28.
Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.
In relation to a performance plan, the Comptroller and Auditor General for Northern Ireland shall issue a report—
certifying that he has audited the plan;
stating whether he believes that it was prepared and published in accordance with the requirements of section 28;
stating whether he believes that the performance indicators and performance standards are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;
if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;
recommending whether the Department of Justice should give a direction under section 31(2)(a) or (b).
In relation to a performance summary, the Comptroller and Auditor General for Northern Ireland shall issue a report—
certifying that he has audited the summary;
stating whether he believes that it was prepared and published in accordance with the requirements of section 28;
if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;
recommending whether the Department of Justice should give a direction under section 31(2)(a).
The Comptroller and Auditor General for Northern Ireland shall send a copy of every report under this section to—
the Board;
the Chief Constable; and
the Department of Justice.
The Comptroller and Auditor General for Northern Ireland shall publish any report under this section on the audit of a performance plan or a performance summary.
Subsections (8) to (11) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4) or paragraph (c) or (d) of subsection (4A).
Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.
The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).
The Board shall, without delay, submit the statement it has prepared to the Department of Justice and the Comptroller and Auditor General for Northern Ireland.
The statement shall—
specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;
contain a summary of the result of the consultation required by subsection (9).
The Comptroller and Auditor General for Northern Ireland may carry out an examination of the Board’s compliance with the requirements of section 28.
If the Department of Justice directs the Comptroller and Auditor General for Northern Ireland to carry out an examination of the Board’s compliance with the requirements of section 28 in relation to specified functions, the Comptroller and Auditor General for Northern Ireland shall comply with the direction.
Before giving a direction under subsection (2), the Department of Justice shall consult the Comptroller and Auditor General for Northern Ireland.
Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.
Where the Comptroller and Auditor General for Northern Ireland has carried out an examination under this section he shall issue a report.
A report—
shall mention any matter in respect of which the Comptroller and Auditor General for Northern Ireland believes as a result of the examination that the Board is failing to comply with the requirements of section 28;
may, if it mentions a matter under paragraph (a), recommend that the Department of Justice give a direction under section 31(2)(a) or (b).
The Comptroller and Auditor General for Northern Ireland shall send a copy of every report under this section to—
the Board;
the Chief Constable; and
the Department of Justice.
The Comptroller and Auditor General for Northern Ireland shall lay copies of every report under this section before the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.
In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted—
In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after “under section 41(2) or (3)” there shall be inserted “ and any report of an inspection under section 41(4)(a) ”.
Subsection (2) applies if the Department of Justice has received a report under section 29(4) or (4A) or 30(5) of this Act, or section 41(4) of the 1998 Act, and it is satisfied that—
the Board is failing to comply with the requirements of section 28; or
it is appropriate to change performance indicators or performance standards contained in a performance plan.
Subject to subsection (3), the Department of Justice may direct the Board—
to take any action which the Department of Justice considers necessary or expedient to secure compliance with the requirement of section 28; or
to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as the Department of Justice considers appropriate.
The Department of Justice shall have regard to any relevant statement before—
giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of section 29(4)(c), (d) or (e);
giving a direction under subsection (2)(a) following a recommendation contained in a report by virtue of section 29(4A)(c) or (d).
A relevant statement is a statement submitted to the Department of Justice under section 29(10) before the end of the period mentioned in section 29(8).
Police officers and National Crime Agency officers shall carry out their functions with the aim—
of securing the support of the local community, and
of acting in co-operation with the local community.
In carrying out their functions, police officers and National Crime Agency officers shall be guided by the code of ethics under section 52.
Nothing in this section shall have effect in relation to anything done by a National Crime Agency officer outside Northern Ireland.
It shall be the general duty of police officers—
to protect life and property;
to preserve order;
to prevent the commission of offences;
where an offence has been committed, to take measures to bring the offender to justice.
A police officer shall have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom waters.
In subsection (2)— and that subsection, so far as it relates to the powers under any statutory provision, makes them exercisable throughout the adjacent United Kingdom waters whether or not the statutory provision applies to those waters apart from that subsection.
the reference to the powers and privileges of a constable is a reference to all the powers and privileges for the time being exercisable by a constable whether at common law or under any statutory provision,
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The police shall be under the direction and control of the Chief Constable.
The Chief Constable shall have regard to the policing plan in discharging his functions.
the policing plan; and
any code of practice under section 27.
The Chief Constable shall have regard to any code of practice under section 27 in discharging his functions.
The duty under subsection (3) applies only so far as consistent with the duty under subsection (2).
The Chief Constable shall supply the Board with such information and documents as the Board may require for the purposes of, or in connection with, the exercise of any of its functions.
Subsection (1) does not require the Chief Constable to supply any information to the Board if it appears to the Chief Constable that the information is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).
Subsection (4) applies if the Chief Constable supplies the Board with information which, in his opinion, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
The Chief Constable—
must inform the Secretary of State that the information has been supplied to the Board, and
must inform the Secretary of State and the Board that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
Subsection (6) applies if the Chief Constable supplies the Board with information which, in his opinion, is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
The Chief Constable—
must inform the Minister of Justice that the information has been supplied to the Board, and
must inform the Minister of Justice and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5).
This section applies to the Director General of the National Crime Agency as it applies to the Chief Constable.
In the application of this section to the Director General of the National Crime Agency—
each reference to the Chief Constable is to be read as a reference to the Director General;
the reference in subsection (1) to the exercise of any of the Board’s functions is to be read as a reference to the exercise of any of the Board’s functions in relation to the National Crime Agency;
if subsection (6) applies, the Director General must inform the Secretary of State of the matters set out in subsection (6)(a) and (b) (in addition to informing the Minister of Justice, in the case of subsection (6)(a) and (b), and the Board, in the case of subsection (6)(b));
nothing in this section shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.
There shall be a deputy Chief Constable who may exercise all the functions of the Chief Constable—
during any absence, incapacity or suspension from duty of the Chief Constable; or
during any vacancy in the office of Chief Constable.
The deputy Chief Constable shall not have power to act by virtue of subsection (1) for a continuous period exceeding 3 months except with the consent of the Department of Justice.
Subsection (1) is in addition to, and not in substitution for, any other statutory provision which makes provision for the exercise by any other person of functions of the Chief Constable.
The Board shall, subject to the approval of the Minister of Justice, appoint the Chief Constable.
The Board shall, subject to the approval of the Minister of Justice and after consultation with the Chief Constable, appoint the other senior officers.
The Board—
may, with the approval of the Minister of Justice, call upon any senior officer to retire in the interests of efficiency or effectiveness; and
shall, if required by the Minister of Justice, call upon the Chief Constable so to retire.
Before granting his approval under subsection (3)(a) or making any requirement under subsection (3)(b), the Minister of Justice shall—
give the officer concerned an opportunity to make, either personally or otherwise, representations to him; and
where any such representations are made—
appoint a person or persons to hold an inquiry and to report to him; and
consider any report so made.
A copy of any report made under subsection (4) shall be made available to the officer concerned.
The person appointed under subsection (4)(b) (or where two or more persons are so appointed, at least one of those persons) shall be a person who is not a police officer or a person employed in the civil service.
The costs incurred in respect of an inquiry under this section shall be defrayed by the Department of Justice.
A senior officer who is called upon to retire under this section shall retire— or (in either case) on such earlier date as may be agreed between the officer and the Board.
in the case of the Chief Constable, on such date as the Minister of Justice may specify; and
in the case of any other senior officer, on such date as the Board may specify,
This section has effect subject to any regulations made under section 25 of the 1998 Act.
This section applies to the Police Service of Northern Ireland.
Subject to subsection (3), appointments and promotions to any rank other than that of a senior officer shall be made, in accordance with regulations under section 25 of the 1998 Act, by the Chief Constable.
A person shall not be appointed to the rank of constable unless he has—
completed such period of service as a trainee (a “police trainee”) as may be prescribed by regulations under section 41(3); and
complied with such other conditions relating to training as may be so prescribed.
Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1).
This section applies to the Police Service of Northern Ireland Reserve.
Subject to subsection (3), the Chief Constable shall, in accordance with regulations under section 26 of the 1998 Act, appoint its members.
A person shall not be appointed as a reserve constable unless he has—
completed such period of service as a trainee (a “police reserve trainee”) as may be prescribed by regulations under section 41(3); and
complied with such other conditions relating to training as may be so prescribed.
The Chief Constable may appoint a person to the Police Service of Northern Ireland for a fixed term not exceeding three years.
Appointments under subsection (1) shall be in accordance with regulations under section 25 of the 1998 Act.
A person shall not be appointed under subsection (1) to the rank of constable or the rank of a senior officer.
The Department of Justice may by order make such modifications as it considers necessary or expedient to any provision of the 1998 Act or this Act in its application to persons appointed under subsection (1).
The Department of Justice shall consult the Board and the Police Association before making an order under subsection (4).
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.
The Chief Constable shall take such steps as he considers necessary—
to bring the terms of the declaration to the attention of all police officers appointed before the coming into force of this section; and
to ensure that they understand it and understand the need to carry out their duties in accordance with it.
“Traditions and beliefs” does not include a tradition or belief so far as it is incompatible with the rule of law.
The Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.
The Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.
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—
in the 1998 Act—
section 29 (liability of Chief Constable for wrongful acts);
section 32 (representation by Police Association);
section 35 (membership of trade unions);
section 67 (impersonation);
section 68 (causing disaffection);
in this Act—
section 33(1) (direction and control by Chief Constable);
section 51 (notifiable memberships).
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.
The Department of Justice may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.
Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision—
imposing requirements as to nationality, age, skills, competencies and physical and mental fitness;
as to the grounds on which a person is ineligible for appointment.
Regulations under subsection (3) may—
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;
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.
In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may—
authorise or require provision to be made by, or confer discretionary powers on, the Department of Justice, the Board, the Chief Constable or other persons; or
authorise or require the delegation by any person of functions conferred on him by or under the regulations.
The Department of Justice shall consult both the Board and the Police Association before making any regulations under subsection (3), other than regulations to which subsection (8) applies.
Subsection (8) applies to regulations under subsection (3), concerning police trainees, on a matter that relates to—
hours of duty,
leave,
pay and allowances, or
the issue, use and return of equipment.
Before making any such regulations the Department of Justice shall—
(subject to subsection (9)) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter, and
supply a draft of the regulations to, and consider any representations made by—
the Board,
the Police Association, and
the Chief Constable of the Police Service of Northern Ireland.
The duty in subsection (8)(a) does not apply if the Department of Justice considers that—
there is not enough time to refer to the matter to the Police Remuneration Review Body because the need to make the regulations is so urgent, or
it is unnecessary to do so by reason of the nature of the proposed regulations.
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.
Police cadets shall be appointed on such terms and conditions as the Department of Justice may determine.
Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.
The Chief Constable may, in accordance with regulations made by the Department of Justice, appoint a person to exercise prescribed functions of the Chief Constable in connection with the recruitment of persons other than—
senior officers; and
members of the police support staff appointed under section 4(2).
Before making any regulations under subsection (1), the Department of Justice shall consult—
the Board;
the Chief Constable;
the Equality Commission for Northern Ireland; and
the Police Association.
Regulations under subsection (1)—
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;
may impose on any person appointed under that subsection such duties as appear to the Department of Justice to be necessary or expedient in connection with the exercise by that person of any prescribed functions of the Chief Constable.
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.
Subsection (4) does not apply—
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
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).
In this section “prescribed” means prescribed by regulations under subsection (1).
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).
The Department of Justice shall by regulations prescribe the arrangements to be made, by the Chief Constable or a person appointed under section 43(1), for the recruitment of persons for appointment—
as police trainees;
as police reserve trainees; and
under section 4(3) to posts in the police support staff.
Before making any regulations under subsection (1) the Department of Justice shall consult—
the Board;
the Chief Constable;
the Equality Commission for Northern Ireland; and
the Police Association.
The regulations shall include provision for—
the advertising of vacancies;
the information to be provided by applicants;
the tests to be undertaken by applicants;
the vetting of applicants;
the review, in prescribed circumstances, of decisions taken under the regulations;
prescribed functions under the regulations to be exercised by persons who are, or include, persons who are not, and have not at any time been—
police officers;
members of the police support staff; or
members of the Board.
In making regulations under this section, the Department of Justice shall have regard, in particular, to the need to secure that information is not disclosed contrary to the public interest.
In relation to the recruitment of persons for appointment as police trainees, the regulations shall include provision for the selection of ... applicants to form a pool of applicants for the purposes of section 46(1A) and (1E) .
In relation to the recruitment of persons for appointment under section 4(3) to relevant posts in the police support staff, the regulations shall include provision for the selection of ... applicants to form a pool of applicants for the purposes of section 46(5A) and (5E) .
For the purposes of subsection (6) and section 46(5) a post in the police support staff is a relevant post if at the time the vacancy for that post is advertised it appears to the Chief Constable that it is one of at least 6 vacancies for posts in the police support staff which are—
at the same level; and
to be filled at or about the same time.
In this section “prescribed” means prescribed by regulations under subsection (1).
In exercising its functions in relation to the appointment of senior officers, the Board shall take such steps as it considers necessary to encourage applications for appointment from suitably qualified external candidates.
In exercising his functions in relation to the appointment of police officers (other than senior officers), the Chief Constable shall take such steps as he considers necessary to encourage applications for appointment from suitably qualified external candidates.
In complying with subsections (1) and (2), the Board and the Chief Constable shall have regard to the progress which has been made towards securing that membership of the police is representative of the community in Northern Ireland.
“Suitably qualified external candidates” means candidates who—
are not currently serving in the police; and
satisfy the qualifications for appointment which—
are prescribed in regulations made under section 25 or 26 of the 1998 Act; or
are otherwise determined for the rank in question.
Subject to subsection (2), in making appointments under section 39 on any occasion, the Chief Constable shall proceed as set out in subsections (1A) to (1F).
one half shall be persons who are treated as Roman Catholic; and
one half shall be persons who are not so treated.
He shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) an even number of persons of whom—
one half shall be persons who are treated as Roman Catholic; and
one half shall be persons who are not so treated.
The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of the preceding subsections in their application to the making of appointments under section 39 on any occasion specified in the order.
Where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person— the Chief Constable shall confirm the appointment.
is physically and mentally fitted for appointment; and
is not unsuitable for appointment;
The Secretary of State shall not make an order under subsection (2) in relation to the making of appointments under section 39 on any occasion unless he is satisfied that—
were those appointments to be made in compliance with subsections (1) to (1F) the number of police trainees which the Chief Constable requires to be appointed on that occasion could not be appointed; or
one or more orders under subsection (2) have been made in the previous three years and he considers that it is appropriate to make the order for the purpose of redressing, or partially redressing, the imbalance occurring during that period.
Subsections (1D), (1E) and (1F) apply where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person—
is not physically and mentally fitted for appointment; or
is unsuitable for appointment.
No order may be made under subsection (2) as a result of subsection (3)(b) which has the effect, as respects an occasion specified in the order, of requiring more than three-quarters of the persons appointed on that occasion to be—
the persons who are treated as Roman Catholic; or
the persons who are not so treated.
The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect.
Subject to subsection (6), in making appointments to relevant posts in the police support staff under subsection (3) of section 4 on any occasion, the Chief Constable (acting by virtue of subsection (5) of that section) shall proceed as set out in subsections (5A) to (5F).
one half shall be persons who are treated as Roman Catholic; and
one half shall be persons who are not so treated.
The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) a person to replace the unsuccessful applicant being a person who—
is treated as Roman Catholic, where the unsuccessful applicant was so treated; or
is not so treated, where the unsuccessful applicant was not so treated.
The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of subsections (5) to (5F) in their application to the making of appointments under section 4(3) on any occasion specified in the order.
Subsections (1B) to (1E) apply in relation to a person provisionally appointed under subsection (1E) as they apply in relation to a person provisionally appointed under subsection (1A).
The Secretary of State shall not make an order under subsection (6) in relation to the making of appointments under section 4 on any occasion unless he is satisfied that were those appointments to be made in compliance with subsections (5) to (5F) the number of police support staff which the Chief Constable requires to be appointed on that occasion could not be appointed.
In subsections (1B) and (1C) references to a person being “physically and mentally fitted for appointment” and “unsuitable for appointment” have such meanings as may be prescribed by regulations under section 41(3).
In this section “treated as Roman Catholic” means treated by the Chief Constable in accordance with the Monitoring Regulations as belonging to the Roman Catholic community in Northern Ireland.
In subsection (8) “the Monitoring Regulations” means the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 or any regulations replacing those regulations and for the time being in operation.
In Part VIII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (exceptions) after Article 71 there shall be inserted—
In Part VI of the Race Relations (Northern Ireland) Order 1997 (exceptions) after Article 40 there shall be inserted—
He shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) an even number of persons of whom—
one half shall be persons who are treated as Roman Catholic; and
one half shall be persons who are not so treated.
Where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person— the Chief Constable shall confirm the appointment.
is physically and mentally fitted for appointment; and
is not unsuitable for appointment;
Subsections (5D), (5E) and (5F) apply where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person—
is not physically and mentally fitted for appointment; or
is unsuitable for appointment.
The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect.
The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) a person to replace the unsuccessful applicant being a person who—
is treated as Roman Catholic, where the unsuccessful applicant was so treated; or
is not so treated, where the unsuccessful applicant was not so treated.
Subsections (5B) to (5E) apply in relation to a person provisionally appointed under subsection (5E) as they apply in relation to a person provisionally appointed under subsection (5A).
In this section “the temporary provisions” means—
Article 40A of the Race Relations (Northern Ireland) Order 1997;
Article 71A of the Fair Employment and Treatment (Northern Ireland) Order 1998;
section 44(5) to (7);
section 45; and
section 46.
The temporary provisions shall, subject to subsection (3), expire on the third anniversary of the commencement date.
The Secretary of State may by order provide that all or any of the temporary provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding three years from the coming into operation of the order.
In deciding whether and, if so, how to exercise his powers under subsection (3), the Secretary of State shall—
have regard to the progress that has been made towards securing that membership of the police and the police support staff is representative of the community in Northern Ireland; and
consult the Board and take into account any recommendations made to him by the Board.
In this section “the commencement date” means the day appointed under section 79 for the coming into force of this section.
The Board may if requested to do so by the Chief Constable authorise the appointment to the rank of constable in the Police Service of Northern Ireland of a specified number of persons—
who have a specified policing skill, but
who have not complied with the requirements in paragraphs (a) and (b) of section 36(3).
The Board shall not give an authorisation under subsection (1) in relation to persons who have a particular policing skill unless it is satisfied—
that the requirements of subsection (3) are met;
that any further requirements which are specified by it under subsection (4) and which apply in relation to the giving of the authorisation are met.
The requirements are—
that there is a need for more persons who have the policing skill to be appointed to the rank of constable in the Police Service of Northern Ireland;
that the need cannot be met by the appointment of persons who have complied with the requirements in paragraphs (a) and (b) of section 36(3).
The Board may specify further requirements which apply in relation to the giving of an authorisation under subsection (1).
Any requirements specified under subsection (4) may apply in relation to the giving of all authorisations under subsection (1) or to the giving of aparticular authorisation or description of authorisation.
In this section “specified” means specified by the Board.
The Board shall make, and from time to time revise, a plan (its “action plan”) for monitoring the number of women in— and, if they are under-represented, for increasing that number.
the police,
the police support staff, and
the Board’s staff,
The Chief Constable shall, if requested to do so by the Board, prepare and submit to the Board a draft plan for monitoring the number of women in the police and, if they are under-represented, for increasing that number.
The Board may adopt the draft submitted to it under subsection (2) as part of its action plan, either—
as submitted; or
with such amendments as the Board may determine, after consultation with the Chief Constable.
Before making or revising its action plan, the Board shall consult—
the Equality Commission for Northern Ireland;
the Chief Constable; and
the Department of Justice.
The Board may publish its action plan in such manner as it thinks appropriate.
Regulations under section 25(2)(k) of the 1998 Act (pensions and gratuities in respect of service) may make special provision in respect of persons (“eligible persons”) who—
cease to be police officers serving in the Police Service of Northern Ireland at any time within a period prescribed by the regulations; and
comply with such conditions as may be so prescribed.
The period prescribed under subsection (1)(a) may be a period commencing before the coming into force of this section.
The special provision which may be made by such regulations includes provision modifying the Royal Ulster Constabulary Pensions Regulations 1988 in their application to eligible persons so as to—
increase the amount of any pension or gratuity which would otherwise be payable to such persons under those Regulations;
remove or relax any condition which would otherwise apply as to the entitlement of such persons to any pension or gratuity under those Regulations;
alter the time at or from which any pension or gratuity would otherwise be payable to such persons under those Regulations;
provide for the making of payments to such persons which would otherwise not be made under those Regulations.
Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association before making regulations) shall not apply in relation to regulations made by virtue of this section.
In section 26(2)(g) of the 1998 Act (application to reserve constables of provision with respect to pensions made under section 25 of that Act)—
after “pensions” insert “ or gratuities ”;
the reference to provision made under section 25 of the 1998 Act includes reference to provision made by virtue of this section.
In section 27 of the 1998 Act (engagement on other police service) at the end there shall be added—
For the purposes of this section, a police officer has a notifiable membership if membership of the organisation in question might reasonably be regarded as affecting the officer’s ability to discharge his duties effectively and impartially.
The Chief Constable may give guidance to police officers in connection with notifiable memberships.
Before issuing any guidance under subsection (2), the Chief Constable shall consult—
the Board;
the Department of Justice; and
the Northern Ireland Human Rights Commission.
The Chief Constable shall publish any guidance issued under subsection (2).
The Chief Constable shall require each police officer to inform him—
of any notifiable membership which that police officer believes he has; or
if he believes he has no notifiable memberships, of that belief.
In imposing a requirement on a police officer under subsection (5) the Chief Constable shall—
draw the attention of that officer to the provisions of this section; and
give a general explanation of the purposes for which the information required may lawfully be used.
The Chief Constable—
shall, subject to paragraphs (b) and (c), retain information received under this section for so long as the person to whom it relates remains a police officer;
shall amend that information where the police officer to whom it relates informs the Chief Constable that there has been a change in his notifiable memberships; and
shall destroy the information within one year from the date on which the person to whom it relates ceases to be a police officer.
No information received by the Chief Constable under this section is to be disclosed unless the person making the disclosure is a person to whom this subsection applies and the disclosure is made—
to the Ombudsman or an officer of the Ombudsman or to any other person in connection with the exercise of any function of the Ombudsman;
as permitted by section 63 of the 1998 Act;
to the Board in connection with the exercise of any of its functions;
for the purposes of any criminal, civil or disciplinary proceedings;
in the form of a summary or other general statement which does not identify any person to whom the information relates;
to, or with the consent of, the person to whom the information relates; or
to another person to whom this subsection applies.
Subsection (8) applies to—
the Chief Constable;
a police officer engaged in carrying out on behalf of the Chief Constable his functions under this section;
the Board, each of its members and the members of its staff; and
a member of the police support staff engaged in carrying out on behalf of the Chief Constable his functions under this section.
Any person who discloses information in contravention of subsection (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
It is a defence for a person charged with an offence under subsection (10) to show that, before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom subsection (8) applies.
But subsection (11) does not provide a defence if it is shown that the person concerned used his position as a person to whom subsection (8) applies in order to obtain the information.
The annual report of the Chief Constable under section 58 shall contain statistical information on the notifiable memberships of police officers of which he has been informed under this section.
For the purposes of this section a person is a member of an organisation if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution.
The Board shall issue, and may from time to time revise, a code of ethics for the purpose of—
laying down standards of conduct and practice for police officers;
making police officers aware of the rights and obligations arising out of the Convention rights (within the meaning of the Human Rights Act 1998).
In preparing the code, the Chief Constable and the Board shall have regard to the terms of the declaration set out in section 38(1).
In revising the code the Chief Constable and the Board shall also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.
A draft of the code shall be submitted by the Chief Constable to the Board for it to consider.
The Board may adopt the draft code—
as submitted by the Chief Constable; or
with such amendments as the Board may determine, after consultation with the Chief Constable.
Before issuing or revising the code the Board shall consult—
the Police Association;
the Department of Justice;
the Ombudsman;
the Northern Ireland Human Rights Commission;
the Equality Commission for Northern Ireland; and
any other person or body appearing to the Board to have an interest in the matter.
After consulting under subsection (5), the Board may make such further amendments to the draft code as it may determine, after consultation with the Chief Constable.
The Board shall publish any code of ethics issued or revised under this section in such manner as it thinks appropriate.
The Chief Constable shall take such steps as he considers necessary to ensure—
that all police officers have read and understood the code as currently in force; and
that a record is made and kept of the steps taken in relation to each officer.
In order to enable it to carry out its function under section 3(3)(d)(iv), the Board shall keep under review the steps taken by the Chief Constable under subsection (8).
The Department of Justice shall, so far as practicable, ensure that the provisions of the code currently in force under this section are reflected in the regulations relating to conduct or discipline made under section 25 or 26 of the 1998 Act.
The Director General of the National Crime Agency shall take such steps as the Director General considers necessary to ensure—
that all National Crime Agency officers exercising functions in Northern Ireland have read and understood the code as currently in force; and
that a record is made and kept of the steps taken in relation to each officer.
The Director General of the National Crime Agency shall, so far as practicable, ensure that the provisions of the code currently in force under this section are reflected in the disciplinary procedures applicable to National Crime Agency officers in relation to their exercise of functions in Northern Ireland.
The Department of Justice may issue, and from time to time revise, guidance on the use by police officers of equipment designed for use in maintaining or restoring public order.
Before issuing or revising any guidance under this section, the Department of Justice shall consult—
the Board;
the Chief Constable;
the Ombudsman; and
the Police Association.
The Department of Justice shall publish any guidance issued or revised under this section in such manner as it thinks appropriate.
The Department of Justice may make regulations—
prescribing the design of an emblem for the police; and
regulating the use of that or any other emblem—
on equipment or property used for the purposes of the police; or
otherwise in connection with the police.
The Department of Justice may make regulations—
prescribing the design of a flag for the police; and
regulating the flying or carrying of that or any other flag—
on land or buildings used for the purposes of the police; or
otherwise in connection with the police.
Before making any regulations under this section the Department of Justice shall consult—
the Board;
the Chief Constable;
the Police Association; and
any other person or body appearing to the Department of Justice to have an interest in the matter.
The Chief Constable shall make arrangements for each police officer to be assigned a serial number.
The Chief Constable shall ensure that, as far as practicable, the number assigned under this section to a police officer is so displayed on his uniform as to be clearly visible at all times when he is on duty and in uniform.
The Board and the Chief Constable shall implement any arrangements made in pursuance of an agreement between the Government of the United Kingdom and the Government of Ireland dealing with co-operation on policing matters between the police and the Gárda Sióchána.
The Board shall, not later than 6 months after the end of each financial year, issue a report relating to the policing of Northern Ireland for the year.
A report issued under subsection (1) for any year shall include an assessment of—
the performance of the police in—
carrying out the general duty under section 32(1);
complying with section 31A(1);
complying with the Human Rights Act 1998;
carrying out the policing plan;
the workings of Part VII of the 1998 Act (police complaints and disciplinary proceedings) and trends and patterns in complaints under that Part;
the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 71;
trends and patterns in crimes committed in Northern Ireland;
trends and patterns in recruitment to the police and the police support staff;
the extent to which the membership of the police and the police support staff is representative of the community in Northern Ireland;
the effectiveness of measures taken to secure that the membership of the police and the police support staff is representative of that community;
the level of public satisfaction with the performance of the police;
the level of public satisfaction with the performance of policing and community safety partnerships and district policing and community safety partnerships;
the effectiveness of policing and community safety partnerships and district policing and community safety partnerships in performing their functions and in particular the effectiveness of arrangements made under Part 3 of the Justice Act (Northern Ireland) 2011 in obtaining—
the views of the public about matters concerning policing; and
the co-operation of the public with the police in preventing crime.
the exercise of the functions of the National Crime Agency in Northern Ireland;
the level of public satisfaction with the performance of the National Crime Agency in exercising functions in Northern Ireland;
the effectiveness of arrangements made under section 3(3A)(c) for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime.
Nothing in subsection (2)(k), (l) or (m) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.
The Board shall—
arrange for every report issued under subsection (1) to be published in such manner as appears to it to be appropriate; and
send a copy of the report to the Department of Justice.
The Board shall, whenever required by the Department of Justice, submit to the Department of Justice a report on such matters connected with the discharge of the Board’s functions, or otherwise with the policing of Northern Ireland, as may be specified in the requirement.
A report under subsection (4) shall be made—
in such form as may be specified in the requirement under that subsection; and
within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Board and the Department of Justice.
The Department of Justice may arrange, or require the Board to arrange, for a report under subsection (4) to be published in such manner as appears to the Department of Justice to be appropriate.
The Chief Constable shall, not later than 3 months after the end of each financial year, submit to the Board a general report on the policing of Northern Ireland during that year.
The Chief Constable shall arrange for a report submitted under this section to be published in such manner as appears to him to be appropriate.
The Chief Constable shall, at the same time as he submits a report to the Board under this section, submit the same report to the Department of Justice.
The Department of Justice shall lay before the Northern Ireland Assembly every report submitted to the Department of Justice under subsection (3).
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.
The Chief Constable shall, whenever so required by the Board, submit to the Board a report on any such matter connected with the policing of Northern Ireland as may be specified in the requirement.
A report under this section shall be made—
in such form as may be specified in the requirement under subsection (1); and
within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Chief Constable and the Board.
The Chief Constable may refer to the Secretary of State a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
in the interests of national security,
because it relates to an individual and is of a sensitive personal nature,
because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or
because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders,
The Chief Constable may refer to the Minister of Justice a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
Where a requirement to submit a report is referred to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A), the Secretary of State or (as the case may be) the Minister of Justice may— modify or set aside the requirement, as necessary, for either or both of the purposes mentioned in subsection (4A).
within the period of 30 days from the date of the referral, or
within such longer period as may be agreed between the Board and (as the case may be) the Secretary of State or the Minister of Justice,
Subject to section 74A(7) the Board may arrange, or require the Chief Constable to arrange, for a report under this section to be published in such manner as appears to the Board to be appropriate.
The purposes are—
exempting the Chief Constable from the obligation to report to the Board, as the case may be— ;
information which, in the opinion of the Secretary of State, ought not to be disclosed on the ground mentioned in section 76A(1)(a); or
information which, in the opinion of the Minister of Justice, ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c);
imposing on the Chief Constable an obligation to supply any such information to a special purposes committee.
Subsection (4D) applies if—
a requirement to submit a report has been made under subsection (1);
the Chief Constable has not referred the requirement to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A);
the Chief Constable is of the opinion that a report in compliance with the requirement would include information of a kind mentioned in paragraph (a) or (b) of subsection (4C).
The information is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).
The Chief Constable may, instead of including the information in the report to the Board, supply it to a special purposes committee.
If the Chief Constable supplies information to a committee under subsection (4D) he shall prepare a summary of the information.
The Chief Constable shall try to obtain the agreement of the committee to the terms of the summary.
If the committee agrees to the terms of the summary, the Chief Constable shall include the summary in the report to the Board.
Subsection (4I) applies if—
the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a), or
the Chief Constable includes information in a report to the Board and is of the opinion that the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
The Chief Constable must—
inform the Secretary of State that the information has been included in a report to the Board or supplied to the committee; and
inform the Secretary of State and the recipient of the information that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
Subsection (4K) applies if—
the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c), or
the Chief Constable includes information in a report to the Board and is of the opinion that the information is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
The Chief Constable must—
inform the Minister of Justice that the information has been included in a report to the Board or supplied to the committee; and
inform the Minister of Justice and the recipient of the information that, in his opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (a) or (b) of subsection (4J).
The Director General of the National Crime Agency shall, whenever so required by the Board, submit to the Board a report on any such relevant NCA matter as may be specified in the requirement.
But the Board may not require the Director General to submit such a report before consulting the Secretary of State .
In this section “relevant NCA matter” means a matter which relates to—
how the Director General intends that functions of the National Crime Agency are to be exercised in Northern Ireland; or
whether the exercise of the functions of the National Crime Agency in Northern Ireland is, or was, in accord with their intended exercise.
Subsections (2) to (5) of this section apply to a report under subsection (6) as they apply to a report under subsection (1).
In the application of subsections (2) to (5) to a report under subsection (6), each reference to the Chief Constable is to be read as a reference to the Director General of the National Crime Agency.
Where the Board— the Board may, after consultation with the Chief Constable, cause such an inquiry to be held.
has considered a report on any matter submitted by the Chief Constable under section 59, and
considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances,
The Board shall immediately—
inform the Chief Constable, the Ombudsman and the Minister of Justice of any decision to cause an inquiry to be held under this section and of any matter into which inquiry is to be made; and
send a copy of the relevant report under section 59 to the Minister of Justice.
Where it appears to the Board that an inquiry under this section may relate wholly or in part to— the Board shall immediately inform the Secretary of State of the decision to cause the inquiry to be held and of any matter into which inquiry is to be made, and shall send a copy of the relevant report under section 59 to the Secretary of State.
a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or
an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998),
The Chief Constable may refer to the Secretary of State the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on the ground mentioned in section 76A(2)(a).
in the interests of national security,
because any matter into which inquiry is to be made relates to an individual and is of a sensitive personal nature,
because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or
because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders,
The Secretary of State may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Secretary of State, overrule the decision of the Board.
The Secretary of State may overrule the Board only if, in his opinion, the inquiry ought not to be held on the ground mentioned in section 76A(2)(a).
The Board may request a person mentioned in subsection (8) to conduct an inquiry under this section.
The Chief Constable may refer to the Minister of Justice the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c).
The person mentioned in subsection (8) may comply with the request under subsection (6) and shall do so if so directed by the Minister of Justice.
The Minister of Justice may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Minister of Justice, overrule the decision of the Board.
The persons are—
the Comptroller and Auditor General for Northern Ireland;
the Ombudsman;
an inspector of constabulary for Northern Ireland.
The Minister of Justice may overrule the Board only if, in the opinion of the Minister of Justice, the inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c).
The Board may, with the agreement of the Minister of Justice, appoint any other person to conduct an inquiry under this section.
An inquiry under this section shall be held in public except where the person conducting it decides that it is necessary in the public interest not to do so.
An inquiry under this section may not deal with a pre-commencement matter.
But subsection (11) does not prevent a person conducting an inquiry under this section from considering information relating to a pre-commencement matter if, and only to the extent that, consideration of that information is necessary for him to be able to discharge his functions in relation to the subject matter of the inquiry.
“Pre-commencement matter” means any act or omission which occurred, or is alleged to have occurred, before the coming into force of this section.
“Paragraphs 3 to 6 of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (provisions applicable to inquiries etc. under Northern Ireland legislation) shall apply to an inquiry under this section with the substitution for references to the Department of references to the person conducting the inquiry.”
Subsection (10B) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
The Board shall pay—
any expenses incurred by the person conducting an inquiry under this section; and
any expenses incurred by any parties appearing at such an inquiry.
The Chief Constable must—
inform the Secretary of State and the Board that the information has been supplied to the person conducting the inquiry; and
inform the Secretary of State, the Board and the person conducting the inquiry that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
The Board shall send a copy of the report of any inquiry under this section to—
the Chief Constable;
the Ombudsman;
the Minister of Justice; and
the Secretary of State, but only if the decision to cause the inquiry to be held was notified to the Secretary of State under subsection (2A) or if subsection (10A) applied in relation to the inquiry.
Subsection (10D) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
Where the report of the person conducting an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Board so far as appears to it consistent with the public interest.
The Chief Constable must—
inform the Minister of Justice and the Board that the information has been supplied to the person conducting the inquiry; and
inform the Minister of Justice, the Board and the person conducting the inquiry that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (10C).
Where the Board— the Board may, after consultation with the Director General and with the Secretary of State, cause such an inquiry to be held.
has considered a report on any relevant NCA matter submitted by the Director General of the National Crime Agency under section 59, and
considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances,
Subsections (2) to (17) of this section apply to an inquiry which the Board causes to be held under subsection (18) as they apply to an inquiry caused to be held under subsection (1).
In the application of subsections (2) to (17) to an inquiry which the Board causes to be held under subsection (18)—
each reference to the Chief Constable (except the reference in subsection (16)(a)) is to be read as a reference to the Director General of the National Crime Agency;
subsection (16) is to be read as including a requirement to send a copy of the report of any inquiry to the Director General (as well as to the persons in subsection (16)(a) to (d)).
The Chief Constable shall, whenever so required by the appropriate authority, submit to the appropriate authority a report on such matters connected with the policing of Northern Ireland as may be specified in the requirement.
In this section “the appropriate authority” means, in relation to any matter— and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998.
the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision;
otherwise, the Minister of Justice;
A report under subsection (1) shall be made—
in such form as may be specified in the requirement under that subsection; and
within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the appropriate authority.
The appropriate authority may arrange, or require the Chief Constable to arrange, for a report under subsection (1) to be published in such manner as appears to the appropriate authority to be appropriate.
If it appears to the Chief Constable that a report that the Chief Constable is required to submit under subsection (1) to the Minister of Justice may contain information which, in the opinion of the Chief Constable, ought not to be disclosed on the ground mentioned in section 76A(1)(a), the Chief Constable may refer the report to the Secretary of State.
If it appears to the Secretary of State that— the Secretary of State may require the Chief Constable to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once completed).
the Chief Constable is required to submit a report under subsection (1) to the Minister of Justice, and
the report may contain (or once completed may contain) information which ought not to be disclosed on the ground mentioned in section 76A(1)(a),
The Secretary of State must, within— notify the Chief Constable whether, in the opinion of the Secretary of State, the report contains any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
the period of 30 days from the date on which a report is referred to the Secretary of State under subsection (4) or (5), or
such longer period as may be agreed between the Secretary of State and the Minister of Justice,
Where the Chief Constable has referred a report to the Secretary of State under subsection (4) or the Secretary of State has required that a report be referred to the Secretary of State under subsection (5), the Chief Constable must not disclose the report to anyone apart from the Secretary of State, except—
in accordance with subsection (8), or
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
Where the Secretary of State notifies the Chief Constable under subsection (6) that, in the opinion of the Secretary of State, a report contains information which ought not to be disclosed on the ground mentioned in section 76A(1)(a)—
the Secretary of State may direct the Chief Constable to exclude from the report any information which, in the opinion of the Secretary of State, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a);
the Chief Constable must exclude that information from the report;
the Secretary of State must inform the Minister of Justice that the Secretary of State has given a direction under paragraph (a); and
the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
When the Chief Constable submits a report to the Minister of Justice from which information has been excluded under subsection (8), the Chief Constable must at the same time provide the report to the Secretary of State.
In determining for the purposes of subsection (2)(b) when the period of one month, or the agreed longer period, expires in a case where a report has been referred to the Secretary of State under subsection (4) or (5), the period beginning with the day on which the report is referred to the Secretary of State and ending with the day on which the Secretary of State’s notification is given under subsection (6) is to be disregarded.
Subsection (12) applies if—
a requirement to submit a report has been made under subsection (1) by the Minister of Justice;
the Chief Constable has not referred the report to the Secretary of State under subsection (4) and has not been required to refer the report to the Secretary of State under subsection (5); and
the Chief Constable includes in the report submitted to the Minister of Justice information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
The Chief Constable must—
inform the Secretary of State that the information has been included in the report to the Minister of Justice;
inform the Secretary of State and the Minister of Justice that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
After section 58 of the 1998 Act there shall be inserted—
For subsection (1) of section 59 of the 1998 Act (disciplinary proceedings) there shall be substituted—
After subsection (2) of that section, there shall be inserted—
In section 64(2) of the 1998 Act (regulations)—
in paragraph (b), after “resolution” insert “ or mediation ”;
in paragraph (c), after “informally” insert “ or through mediation ”; and
in sub-paragraph (i) of paragraph (d), after “informally” insert “ or through mediation ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 63 of the 1998 Act (restriction on disclosure of information), after subsection (2) there shall be inserted—
After section 61A of the 1998 Act there shall be inserted—
In section 64 of the 1998 Act (regulations) after subsection (2) there shall be inserted—
The Chief Constable and the Board shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of his functions.
Subsection (3) applies if—
the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and
the person supplying the information is of the opinion that it is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
The person supplying the information must—
inform the Secretary of State that the information has been supplied to the Ombudsman; and
inform the Secretary of State and the Ombudsman that, in his or its opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
Subsection (5) applies if—
the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and
the person supplying the information is of the opinion that it is—
information the disclosure of which would be likely to put an individual in danger, or
information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).
The person supplying the information must—
inform the Minister of Justice that the information has been supplied to the Ombudsman; and
inform the Minister of Justice and the Ombudsman that, in his or its opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (4).
The Secretary of State may appoint a Commissioner to discharge the general function mentioned in subsection (3).
A person for the time being holding the office of Commissioner under subsection (1) is referred to in this Act as “the Commissioner”.
The Commissioner’s general function is to oversee the implementation of changes in the policing of Northern Ireland (including, in particular, those resulting from this Act) described in his terms of reference.
Schedule 4, which makes further provision about the Commissioner, shall have effect.
The office of Commissioner shall cease to exist on 31st May 2003, unless before that date an order is made under subsection (6).
The Secretary of State may by order provide that the office of Commissioner (whether or not it then exists as a result of a previous order under this subsection) shall continue to exist for a period not exceeding three years from the date on which the order comes into operation.
The Commissioner shall make periodic reports to the Secretary of State on the implementation of the changes described in his terms of reference.
There shall be at least three periodic reports in each year.
The Commissioner may at any time make a report to the Secretary of State on matters arising in the course of his performance of his general function.
The Secretary of State—
shall lay each report made to him under this section before each House of Parliament; and
arrange for the report to be published in such manner as appears to him to be appropriate.
A Minister with functions under the Police Acts shall exercise those functions in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of—
the police;
the police support staff; and
traffic wardens.
In carrying out those functions, the Minister shall have regard to the principle that the policing of Northern Ireland is to be conducted in an impartial manner.
In this section “Minister” means—
the Secretary of State,
the Minister of Justice,
the Department of Justice,
the First Minister and deputy First Minister, or
the Office of the First Minister and deputy First Minister.
The Department of Justice may by regulations establish a foundation to be known as “The Royal Ulster Constabulary GC Foundation” for the purpose of marking the sacrifices and honouring the achievements of the Royal Ulster Constabulary.
Regulations under this section—
shall provide for the status and constitution of the foundation;
shall provide for the foundation to have power to support the professional development of police officers and innovations in policing;
shall enable the foundation to undertake joint initiatives with the Royal Ulster Constabulary Widows Association, the Royal Ulster Constabulary Disabled Police Officers Association or any other organisation or person within the Royal Ulster Constabulary family, as may be appropriate in matters of common interest;
may provide for the foundation to have such other functions as are prescribed by the regulations;
may provide for the procedures of the foundation; and
make such other provision concerning the foundation as the Department of Justice thinks necessary or expedient for the proper functioning of the foundation.
The Department of Justice may make payments to, or for the purposes of, the foundation.
The Board shall appoint traffic wardens on such terms and conditions as the Department of Justice may determine.
Traffic wardens shall be under the direction and control of the Chief Constable.
Where a complaint is made by a member of the public against a traffic warden, the complaint shall be referred to the Chief Constable who shall (unless the complaint alleges an offence with which the traffic warden has then been charged) forthwith record the complaint and cause it to be investigated.
The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.
After Article 60 there shall be inserted the following Article—.
In Article 66(2) (codes of practice – supplementary) after “Article 60” there shall be inserted “ , 60A ”.
In Article 89 (orders and regulations) after “Articles 60” there shall be inserted “ , 60A ”.
The Board shall make, and keep under review, arrangements for ... places of detention to be visited by persons appointed under the arrangements (“lay visitors”).
The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.
The report shall deal with—
the conditions under which persons are held in the ... place of detention concerned and with their welfare and treatment;
the adequacy of facilities at that place of detention;
such other matters as may be specified in an order made by the Department of Justice.
The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to—
require access to be given to each ... place of detention;
examine records relating to the holding of persons there;
interview persons who are being held there;
inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.
A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.
Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.
The arrangements shall provide that a person may not be appointed as a lay visitor if—
he is a member of the Board; or
he is, or has been, a police officer.
The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.
In this section “place of detention” means a police station at which persons are detained
The Secretary of State may by order specify as designated places of detention for the purposes of this section—
a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000,
any other place which is designated under any enactment as a place in which persons may be detained.
Schedule 5, which amends in their application to the police and other bodies of constables— shall have effect.
the Sex Discrimination (Northern Ireland) Order 1976,
the Race Relations (Northern Ireland) Order 1997, and
the Fair Employment and Treatment (Northern Ireland) Order 1998,
This section applies if information is supplied in the circumstances mentioned in subsection (2), (3), (4) or (5).
The circumstances are that—
the information is supplied by the Chief Constable to a person conducting an inquiry under section 60;
the person has been appointed under section 60(9) to conduct the inquiry;
in relation to the information, the Chief Constable informs the person as required by section 60(10B)(b) or (10D)(b).
The circumstances are that—
the information is supplied by the Chief Constable under section 33A to the Board;
in relation to the information, the Chief Constable informs the Board as required by section 33A(4)(b) or (6)(b).
The circumstances are that—
the information is supplied by the Chief Constable under section 59 to the Board or a special purposes committee;
in relation to the information, the Chief Constable informs the Board or the committee as required by section 59(4I)(b) or (4K)(b).
The circumstances are that—
the information is supplied by a person conducting an inquiry under section 60 or by a person who is assisting or has assisted in the conduct of such an inquiry to a special purposes committee;
the information was supplied to the person conducting the inquiry in the circumstances mentioned in subsection (2).
If information is supplied in the circumstances mentioned in subsection (2), the information must not be disclosed by the person who is conducting or has conducted the inquiry or by a person who is assisting or has assisted in the conduct of the inquiry except—
to a person who is assisting in the conduct of the inquiry;
to the Secretary of State;
to the Chief Constable;
to the Ombudsman, or an officer of the Ombudsman, in connection with any function of the Ombudsman;
to a special purposes committee;
for the purposes of any criminal, civil or disciplinary proceedings;
in the form of a summary or other general statement made by the person the terms of which have been agreed with the Chief Constable.
to the Minister of Justice or the Department of Justice.
If information is supplied in the circumstances mentioned in subsection (3), (4) or (5), the information must not be disclosed by a person who is or has been a member of the Board or a member of the staff of the Board except—
in the case of information supplied to the Board, to a member of the Board or a member of the staff of the Board;
in the case of information supplied to a special purposes committee, to a member of the committee or a member of the staff of the Board who provides services to the committee;
to the Secretary of State;
to the Chief Constable;
to the Ombudsman, or an officer of the Ombudsman, in connection with any function of the Ombudsman;
for the purposes of any criminal, civil or disciplinary proceedings;
in the form of a summary or other general statement made by the Board the terms of which have been agreed with the Chief Constable.
to the Minister of Justice or the Department of Justice.
In subsections (7B) to (7D) “protected information” means information in relation to which the Chief Constable has given an opinion under section 33A(4)(b), 59(4I)(b) or 60(10B)(b).
Subsection (6)(h) does not authorise the disclosure of any protected information.
In the case of protected information supplied to a special purposes committee, subsection (7)(h) does not authorise the disclosure of the information.
In the case of protected information supplied to the Board, a person disclosing the information by virtue of subsection (7)(h) must inform the Minister of Justice or the Department of Justice that the information is protected information.
Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section—
“member of the staff of the Board” means—
“officer of the Ombudsman” has the meaning given by section 50(1) of the 1998 Act.
a body constituted under a statutory provision; or
There shall be defrayed out of money provided by Parliament—
any expenditure of the Secretary of State under this Act; and
any increase attributable to this Act in the sums so payable under any other statutory provision.
Any power of the Secretary of State, the Minister of Justice or the Department of Justice to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
An order or regulations under this Act—
may make different provision for different purposes, cases and circumstances;
may contain such consequential, supplementary and transitional provisions as appear to the person making the order or regulations to be appropriate.
Subsections (1), (2) and (6) do not apply to vesting orders made under section 7.
No statutory rule may be made under section 47(3) ... unless a draft of the rule has been laid before and approved by resolution of each House of Parliament.
No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
A statutory rule made by the Secretary of State under this Act (other than one made under a provision mentioned in subsection (4) or containing an order under section 79) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
An order or regulations made by the Minister of Justice or the Department of Justice under this Act (other than regulations under section 54) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
For the purposes of sections 33A, 59, 60, 61 and 66, the grounds on which information ought not to be disclosed are that—
it is in the interests of national security;
the information is sensitive personnel information;
the information would, or would be likely to, prejudice proceedings which have been commenced in a court of law.
For the purposes of section 60, the grounds on which an inquiry ought not to be held are that—
it is in the interests of national security;
any matter into which inquiry is to be made is a sensitive personnel matter;
the inquiry would, or would be likely to, prejudice proceedings which have been commenced in a court of law.
“Personnel information” means information which relates to an individual’s holding of, application for or appointment to a relevant office or employment.
“Personnel matter” means a matter which relates to an individual’s holding of, application for or appointment to a relevant office or employment.
An office or employment is a relevant office or employment for the purposes of subsections (3) and (4) if the holder of it is under the direction and control of the Chief Constable.
It is immaterial for the purposes of subsections (3) and (4) that the individual no longer holds the office or employment.
In this Act—
“the police” means—
a body constituted under a statutory provision; or
“the Authority” means the Police Authority for Northern Ireland;
“the policing plan” has the meaning given by section 26(1);
“the transfer date” means the date on which section 2(3) comes into force.
“building” includes any structure;
“senior officer”, in relation to the Police Service of Northern Ireland, means an officer above the rank of superintendent;
Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.
The statutory provisions mentioned in Schedule 6 shall be amended as provided in that Schedule.
In relation to any time after the coming into force of this subsection, any reference in any statutory provision or other document—
to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the Police Service of Northern Ireland;
to a person holding any other particular rank, or a rank of a particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description, in the Police Service of Northern Ireland;
to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland;
to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the Police Service of Northern Ireland Reserve;
to the Royal Ulster Constabulary Reserve shall be construed as a reference to the Police Service of Northern Ireland Reserve;
to the Royal Ulster Constabulary in any other context shall be construed as a reference to the Police Service of Northern Ireland.
Schedule 7 (which contains transitional and transitory provisions) shall have effect.
The statutory provisions mentioned in Schedule 8 are repealed to the extent specified in the third column of that Schedule.
Except as provided by subsection (2), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.
The following provisions come into force on the day on which this Act is passed—
section 49;
sections 67 and 68;
sections 75, 76 and 77;
Part III of Schedule 1 and section 2(2) so far as relating thereto;
Schedule 4;
paragraphs 3(4) and 4(3) of Schedule 6 and section 78(1) so far as relating thereto;
paragraph 1 of Schedule 7 and section 78(3) so far as relating thereto.
An order under this section may appoint different days for different purposes and for different provisions.
An order under this section may contain such transitional provisions or savings (including provisions modifying this Act or any other statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.
Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.
Section 78(2) extends also to England and Wales and Scotland.
The amendments and repeals in Schedules 6 and 8 have the same extent as the statutory provisions to which they relate.
This Act may be cited as the Police (Northern Ireland) Act 2000.
In this Schedule— In this Schedule, in relation to a sub-group and the holding of a local general election— For the purposes of this Schedule an independent member of the council shall be treated as a party.
A sub-group shall consist of 11 members. The members of a sub-group need not be members of the partnership. Six of the members of a sub-group shall be appointed by the council from among members of the council in accordance with paragraph 3. Five of the members of a sub-group shall be appointed in accordance with paragraph 4.
The council shall exercise its power to appoint political members of a sub-group so as to ensure that, so far as practicable, the political members of all the sub-groups, taken together, reflect the balance of parties prevailing among the members of the council immediately after the last local general election. Subject to the following provisions of this paragraph, a person shall hold and vacate office as a political member in accordance with the terms of his appointment. A political member shall hold office until the date of the local general election next following his appointment. A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place he is appointed. A political member shall cease to hold office if— A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment. Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph.
Appointments of independent members shall be made by the Board from among In appointing independent members of a sub-group the Board shall so far as practicable secure that the members of the sub-group (taken together) are representative of the community in the sub-group’s police district. Where, following a local general election, the Board has completed the appointment of the independent members of the sub-group for a police district, it shall publish notice of the date which is to be the reconstitution date in relation to the sub-group for that police district. Notice under sub-paragraph (2A) shall be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons. Subject to the following provisions of this paragraph, a person shall hold and vacate office as an independent member in accordance with the terms of his appointment. An independent member shall hold office until the date of the local general election next following his appointment. A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place he is appointed. An independent member shall cease to hold office if— A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment. Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraphs (1) and (2) of this paragraph shall have effect subject to this sub-paragraph.
Where appointments are to be made of independent members of a sub-group, the council shall nominate persons willing to be candidates for appointment. Unless otherwise agreed with the Board, the number of persons to be nominated under sub-paragraph (1) on any occasion shall be twice the number of appointments to be made of independent members. The council shall notify the Board of— In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Board of— A person shall not be nominated under sub-paragraph (1) if— Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Board may itself nominate such number of candidates as when added to the number nominated by the council equals twice the number of appointments to be made. If the Board does so, paragraph 4(1) shall have effect as if those persons had been nominated by the council.
In exercising functions under paragraphs 4 and 5, the council and the Board shall have regard to any code of practice under this paragraph. The Department of Justice may issue, and from time to time revise, a code of practice containing guidance as to the exercise by the council and the Board of their functions under paragraphs 4 and 5. Before issuing or revising a code of practice under this paragraph, the Department of Justice shall consult— The Department of Justice shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to the Department of Justice to be appropriate.
The Board, or the council with the approval of the Board, may remove a person from office as a political or independent member of a sub-group if satisfied that— “The necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it— Section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration. As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—
A person is disqualified for membership of a sub-group if he is— A person removed from office under paragraph 7(1) is disqualified for membership of a sub-group until the date of the next local general election following his removal. A person is disqualified for being an independent member of a sub-group if— The relevant period is the period of five years beginning with the person’s discharge in respect of the offence. For the purposes of sub-paragraph (4) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)— Sub-paragraph (5) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence. Subject to sub-paragraph (8), the reference in sub-paragraph (3) to a sentence of imprisonment or detention does not include a suspended sentence. Sub-paragraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect. In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.
For each sub-group there shall be a chairman appointed by the council from among the political members. In making appointments to the office of chairman, the council shall ensure that, so far as is practicable— Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman in accordance with the terms of his appointment. A person may at any time resign as chairman by notice in writing to the council. If the chairman ceases to be a member of the sub-group, he shall also cease to hold office as chairman.
The council may pay to the chairman, vice-chairman and other members of a sub-group such allowances as the council, with the approval of the Board, may determine.
The council may indemnify a member of a sub-group in respect of liability incurred by him in connection with the business of the sub-group.
The council may insure against risks of a member of a sub-group meeting with a personal accident, whether fatal or not, while he is engaged on the business of the sub-group. Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the sub-group. The council shall pay the sum to the member or his personal representatives, after deducting any expenses incurred in its recovery. The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 do not apply to any insurance under this paragraph.
The Board shall for each financial year make to the council a grant equal to three-quarters of the expenses reasonably incurred by the council in that year in connection with the establishment of, or the exercise of functions by, sub-groups.
The quorum for a meeting of a sub-group shall be 5. Every question at a meeting of a sub-group 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. If the chairman and vice-chairman are absent from a meeting of a sub-group, the members present shall elect one of their number to act as chairman of the meeting. Subject to sub-paragraphs (1) to (3) and to section 19 and to any directions given by the partnership, a sub-group may regulate its own procedure.
The validity of any proceedings of a sub-group or a committee thereof shall not be affected by—
any defect in the appointment of the chairman or vice-chairman or any other member; or
any vacancy in the office of chairman or vice-chairman or among the other members.
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 applying for the interpretation of those sections) apply to a sub-group and its members as if—
in those sections—
any reference to a council were a reference to the sub-group;
any reference to a councillor were a reference to a member of the sub-group;
any reference to the clerk of the council were a reference to the person acting as secretary of the sub-group;
in section 28(4) of that Act for the words from “by any local elector” to the end there were substituted the words “ by any person ”;
in section 29 of that Act any reference to the Ministry were a reference to the Department of Justice.
A sub-group may constitute a committee of its members. A sub-group shall constitute a committee of its members if directed to do so by the partnership. A committee of a sub-group shall consist of 5 or more members of the sub-group. The members of a committee of a sub-group shall be appointed by the sub-group. A sub-group may delegate any of its functions to a committee constituted by it. The powers of a committee of a sub-group shall be exercised in accordance with and subject to directions given by the sub-group. The proceedings of a committee of a sub-group shall be regulated in accordance with and subject to directions given by the sub-group. The approval of the partnership is required to—