Statement by H.E. Sergey Lavrov, Minister for Foreign and European Affairs (Short Version)
In section 24 of the Police (Northern Ireland) Act 2000 (c. 32) (Secretary of State’s long term policing objectives) for subsection (2) substitute—
In section 27 of the Police (Northern Ireland) Act 2000 (c. 32) (codes of practice on exercise of functions) for subsection (2) substitute—
Section 25 of the Police (Northern Ireland) Act 2000 (Board’s policing objectives) is amended as follows.
In subsection (2) omit the words from “but” to the end.
In subsection (3) before paragraph (a) insert—.
In paragraph 19(2) of Schedule 1 to the Police (Northern Ireland) Act 2000 (public meetings of the Board) for “ten” substitute “ eight ”
Paragraph 19(3) of Schedule 1 to that Act shall cease to have effect.
Subsection (1) has effect in relation to years ending on or after the day on which this Act is passed.
After section 5 of the Police (Northern Ireland) Act 2000 insert—
The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in subsections (2) to (11).
In section 9(1) (grants to the Board) for “a grant for police purposes” substitute——
In section 9(2) for “A grant” substitute “ Grants ”
In section 10 (funding for police purposes: ancillary provisions) for subsection (1) substitute—
In section 10(2)—
for “A draft” substitute “ Drafts ”
after “payments for” insert “ pension purposes and other ”
In section 10(3)(a) for “draft” substitute “ drafts ”
In section 10(4) after “police purposes” insert “ other than pension purposes ”
In section 10 after subsection (4) insert—
In section 10 for subsection (5) substitute—
In section 27(1)(b) (codes of practice on exercise of functions by Chief Constable) for “section 10(5)” substitute “ section 10(4A) or (5) ”
“pension purposes” means the purposes of the pension scheme established by regulations under section 25 of the Police (Northern Ireland) Act 1998;
Subsections (1) to (11) have effect in relation to financial years ending on or after 31st March 2004.
Section 12 of the Police (Northern Ireland) Act 2000 (c. 32) (accounts and audit) is amended as set out in subsections (2) to (7).
In subsection (1) for “all amounts put at the Chief Constable’s disposal under section 10(5)” substitute “ each of the amounts specified in subsection (1A) ”
After subsection (1) insert—
In subsection (3) for “The statement of accounts” substitute “ Each statement of accounts required under subsection (1) ”
In subsection (4) for “the statement” substitute “ each statement ”and for “they” substitute “ the accounts ”
In subsection (5) for “the statement” substitute “ each statement ”
In subsection (6)(b) for “the statement” substitute “ each statement ”and after “his report” insert “ on it ”
Subsections (1) to (7) have effect in relation to financial years ending on or after 31st March 2004.
Section 28 of the Police (Northern Ireland) Act 2000 (arrangements relating to economy, efficiency and effectiveness) is amended as set out in subsections (2) to (5).
In subsection (5) omit paragraph (c) and the word “and” immediately preceding it.
After subsection (5) insert—
In subsection (6) after “performance plan” insert “ or publishing its performance summary ”
“performance summary” means a summary prepared by the Board under subsection (5A)
Subsections (1) to (5) have effect in relation to financial years ending on or after 31st March 2004.
Part 5 of the Police (Northern Ireland) Act 2000 (c. 32) (economy, efficiency and effectiveness) is amended as set out in subsections (2) to (8).
In section 29 (audit of performance plans) in subsection (1) after “performance plan” insert “ and a performance summary ”
or summary
In section 29 after subsection (4) insert—
In section 29(6) after “performance plan” insert “ or a performance summary ”
In section 29(7) after “subsection (4)” insert “ or paragraph (c) or (d) of subsection (4A) ”
In section 31 (enforcement of duties under section 28) in subsection (1) after “section 29(4)” insert “ or (4A) ”
In section 31 for subsection (3) substitute—
Subsections (1) to (8) have effect in relation to financial years ending on or after 31st March 2004.
Section 59 of the Police (Northern Ireland) Act 2000 (c. 32) (general duty of Chief Constable to report to Board) is amended as set out in subsections (2) to (4).
For subsection (3) substitute—
In subsection (4) for the words from “in order to” to the end substitute “ for either or both of the purposes mentioned in subsection (4A).”
After subsection (4) insert—
Subsections (1) to (4) have effect in relation to a requirement to submit a report under section 59(1) of the Police (Northern Ireland) Act 2000 (c. 32) if—
the Chief Constable has not referred the requirement to the Secretary of State under section 59(3) of that Act before the day on which this Act is passed;
the Chief Constable has referred the requirement to the Secretary of State under section 59(3) of that Act before that day but the Secretary of State has not before that day decided whether to modify or set aside the requirement under section 59(4) of that Act.
Section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board following report by Chief Constable) is amended as set out in subsections (2) to (4).
For subsection (3) substitute—
In subsection (5) for “should not be held on a ground mentioned in subsection (3)” substitute “ ought not to be held on any of the grounds mentioned in section 76A(2) ”
After subsection (10) insert—
Subsections (1) to (4) have effect in relation to a decision of the Board to cause an inquiry to be held under section 60 of the Police (Northern Ireland) Act 2000 (c. 32) if—
the Chief Constable has not referred the decision to the Secretary of State under section 60(3) of that Act before the day on which this Act is passed;
the Chief Constable has referred the decision to the Secretary of State under section 60(3) of that Act before that day but the Secretary of State has not before that day decided whether to overrule the decision under section 60(4) of that Act.
Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 (procedure for decisions of Board relating to inquiries under section 60) is amended as set out in subsections (2) to (4).
In sub-paragraph (3) for “that day” substitute “ the day on which the chairman calls the meeting ”
In sub-paragraph (5) after “by” insert—— .
In sub-paragraph (6)—
for “10” substitute “ 8 ”;
for “9” substitute “ 7 ”;
for “8” substitute “ 6 ”
Subsections (1) to (4) have effect in relation to meetings under paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 called on or after the day on which this Act is passed.
After section 60 of the Police (Northern Ireland) Act 1998 (c. 32) insert—
Section 61A of the Police (Northern Ireland) Act 1998 shall cease to have effect.
In section 63(2A) of the Police (Northern Ireland) Act 1998 for “report under section 61A” substitute “ report of an investigation under section 60A ”
In section 66 of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning insert “ (1) ” and at the end insert—
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Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing partnerships) is amended as follows.
In this Schedule a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words “if appointed” for the words “if elected”.
In paragraph 5 (council’s nominations of independent members) in sub-paragraph (4) after “if” insert “(a)” and after “the DPP” insert—, or.
In paragraph 7 (removal of members from office) in sub-paragraph (1) after paragraph (a) insert—.
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—
Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.
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A person is disqualified for being an independent member of a DPP 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 (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)— Sub-paragraph (4) 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 (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence. Sub-paragraph (6) 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.
Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.
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Schedule 1 makes provision in relation to Belfast.
Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.
In Part 6 of the Police (Northern Ireland) Act 2000 (the police) at the beginning insert—
In section 3 of that Act (general functions of Board), in subsection (3)(b) before sub-paragraph (i) insert—.
In section 57 of that Act (annual reports by Board), in subsection (2)(a) before sub-paragraph (i) insert—.
In section 32 of that Act (general functions of the police) subsections (4) and (5) shall cease to have effect.
In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of the Police Service of Northern Ireland engaged on other police service), in subsection (7)(b) for “section 32” substitute “ sections 31A and 32 ”
In section 33 of the Police (Northern Ireland) Act 2000 (c. 32) (general functions of Chief Constable) for subsection (2) substitute—
After section 33 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in subsections (2) to (5).
In section 36 (appointments to the Police Service of Northern Ireland) after subsection (3) (training requirements for persons appointed to rank of constable) insert—
After section 47 insert—
In paragraph 17(4) of Schedule 1 (procedure for Board decisions) for “paragraph 18” substitute “ paragraphs 17A and 18 ”
After paragraph 17 of Schedule 1 insert—
The preceding provisions of this section expire at the end of a period of two years starting on the day on which Article 10 of the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 comes into operation .
The Secretary of State may by order amend subsection (6) by substituting “four years” for “two years”.
An order under subsection (7) may be made only with the prior authorisation of the Board.
The Board shall not give an authorisation under subsection (8) 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.
In paragraph 17(4) of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32) (procedure for Board decisions) after “18” insert “ and section 23(9) of the Police (Northern Ireland) Act 2003 ”
An order under subsection (7) may not be made after the end of the period of two years specified in subsection (6).
After section 36 of the Police (Northern Ireland) Act 2000 insert—
In section 25(6) of the Police (Northern Ireland) Act 1998 (c. 32) (regulations as to conditions of service of members of Police Service of Northern Ireland) after “except” insert—— .
In section 27 of the Police (Northern Ireland) Act 1998 (members of Police Service of Northern Ireland engaged on other police service) after subsection (6) insert—
After Article 67K of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.16)) insert—
In Article 243(1) of that Order (provisions which do not apply to persons engaged in police service under a contract of employment)—
omit the words “Part VA,”;
after “Articles 132” insert “ , 134A ”;
after “Article 132” insert “ or 134A ”
Article 16 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.
Subsections (1) to (3) come into force in accordance with provision made by the Secretary of State by order.
After section 74 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
In section 59(5) of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning insert “ Subject to section 74A(7) ”
Paragraph 24 of Schedule 1 to the Police (Northern Ireland) Act 2000 (committees of the Board) is amended as set out in subsections (2) and (3).
In sub-paragraph (1) after “The Board may” insert “ , subject to sub-paragraphs (1A) to (1E) ”
After sub-paragraph (1) insert—
“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;
After section 76 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
Subsection (1) has effect for the purposes of section 59 of the Police (Northern Ireland) Act 2000 in accordance with section 10(5) of this Act.
Subsection (1) has effect for the purposes of section 60 of the Police (Northern Ireland) Act 2000 in accordance with section 11(5) of this Act.
The Chief Constable may designate a member of the police support staff as an officer of one or more of these descriptions—
investigating officer;
detention officer;
escort officer.
The Chief Constable may designate a person under this section only if he is satisfied that these requirements are met—
the person is a suitable person to carry out the functions for the purposes of which he is to be designated;
the person is capable of effectively carrying out those functions;
the person has received adequate training in the carrying out of those functions and in the exercise of the powers and performance of the duties to be conferred or imposed on him by his designation.
A person designated under this section has—
the powers conferred on him by his designation;
the duties imposed on him by his designation.
A designation under this section may confer powers or impose duties on a person only by applying the powers or duties to him.
The powers and duties that may be applied to a person designated under this section by his designation are any or all of those specified in the applicable Part of Schedule 2.
The applicable Part of Schedule 2 is—
Part 1, in the case of a person designated under this section as an investigating officer;
Part 2, in the case of a person designated under this section as a detention officer;
Part 3, in the case of a person designated under this section as an escort officer.
If a power is conferred or a duty imposed on a person designated under this section by his designation—
the power or duty does not authorise or require him to engage in any conduct otherwise than in the course of his employment as a member of the police support staff;
the power may be conferred or the duty imposed subject to restrictions or conditions specified in the designation.
Subsection (9) applies in relation to the exercise of a power by a person designated under this section in reliance on his designation if the power is one which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force.
The designated person has the same entitlement to use reasonable force as a police officer would have if the power were exercised by him.
If a power exercisable by a person designated under this section in reliance on his designation includes power to use force to enter any premises, the power is exercisable by the person only—
in the company of a police officer and under the supervision of a police officer, or
for the purpose of saving life or limb or preventing serious damage to property.
The Chief Constable may designate a member of the police support staff as a community support officer.
The Chief Constable may designate a person under this section only if he is satisfied that—
the person is a suitable person to carry out the functions of a community support officer;
the person is capable of effectively carrying out those functions; and
the person has received adequate training in the carrying out of those functions.
A person designated under this section has, by virtue of the designation, the powers and duties set out in Schedule 2A (and references in any statutory provision to the powers and duties conferred or imposed on him by his designation shall be construed accordingly).
A person designated under this section is not authorised or required by virtue of his designation to engage in any conduct otherwise than in the course of his employment as a member of the police support staff.
Where any power conferred on a person by his designation under this section is a power which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force, the designated person has the same entitlement to use reasonable force in exercising that power as a police officer would have if the power were exercised by him.
Where any power conferred on a person by his designation under this section includes power to use force to enter any premises, that power is exercisable by the person only—
in the company of a police officer and under the supervision of a police officer; or
for the purpose of saving life or limb or preventing serious damage to property.
A power exercisable by any person in reliance on his designation under this section shall be exercisable only when he is wearing such uniform as may be—
determined or approved for the purposes of this section by the Chief Constable; and
identified or described in the designation.
The Department of Justice may by order amend Schedule 2A.
This section applies if the Board has entered into a contract with a person (“the contractor”) for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
The Chief Constable may designate an employee of the contractor as an officer of either or both of these descriptions—
detention officer;
escort officer.
The Chief Constable may designate a person under this section only if he is satisfied that these requirements are met—
the person is a suitable person to carry out the functions for the purposes of which he is to be designated;
the person is capable of effectively carrying out those functions;
the person has received adequate training in the carrying out of those functions and in the exercise of the powers and performance of the duties to be conferred or imposed on him by his designation;
the contractor is a fit and proper person to supervise the carrying out of the functions for the purposes of which the person is to be designated.
A person designated under this section has—
the powers conferred on him by his designation;
the duties imposed on him by his designation.
A designation under this section may confer powers or impose duties on a person only by applying the powers or duties to him.
The powers and duties that may be applied to a person designated under this section by his designation are any or all of those specified in the applicable Part of Schedule 2.
The applicable Part of Schedule 2 is—
Part 2, in the case of a person designated under this section as a detention officer;
Part 3, in the case of a person designated under this section as an escort officer.
If a power is conferred or a duty imposed on a person designated under this section by his designation—
the power or duty does not authorise or require him to engage in any conduct otherwise than in the course of his employment as an employee of the contractor;
the power may be conferred or the duty imposed subject to restrictions or conditions specified in the designation.
Subsection (10) applies in relation to the exercise of a power by a person designated under this section in reliance on his designation if the power is one which, if exercised by a police officer, includes or is supplemented by a power to use reasonable force.
The designated person has the same entitlement to use reasonable force as a police officer would have if the power were exercised by him.
A designation under this section, unless it is previously withdrawn or ceases to have effect under subsection (12), shall remain in force for such period as may be specified in the designation; but it may be renewed at any time with effect from the time when it would otherwise expire.
A designation under this section shall cease to have effect—
if the designated person ceases to be an employee of the contractor; or
if the contract between the Board and the contractor is terminated or expires.
Schedule 3 contains amendments consequential on sections 30 and 31.
In Schedule 3 “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
Subsection (2) applies if, in reliance on his designation under section 30, 30A or 31, a person exercises or performs a power or duty in relation to another or purports to do so.
The designated person must produce his designation to the other if requested to do so.
A failure to comply with subsection (2) does not make the exercise or performance of the power or duty invalid.
The Chief Constable may at any time modify or withdraw a person’s designation under section 30, 30A or 31 by notice to him.
If the Chief Constable modifies or withdraws a person’s designation under section 31, he must send a copy of the notice of the modification or withdrawal to the contractor responsible for supervising the designated person in the carrying out of the functions for the purposes of which the designation was granted.
In subsection (5) “contractor” means a person who has entered into a contract with the Board such as is mentioned in section 31(1).
The Department of Justice may by regulations make provision for the handling of—
complaints relating to the carrying out by a person designated under section 30 , 30A or 31 of any of the functions mentioned in subsection (2);
instances of misconduct involving the carrying out by such a person of any of those functions.
The functions are those for the purposes of which any power or duty is conferred or imposed on the person by his designation.
Regulations under subsection (1) may in particular provide that any provision of Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) is to apply, with such modifications as may be prescribed by the regulations, with respect to persons designated under section 30 , 30A or 31.
Before making regulations under subsection (1), the Department of Justice must consult—
the Ombudsman;
the Board;
the Chief Constable;
the Police Association;
any other person or body appearing to the Department of Justice to have an interest in the matter.
For the purposes of determining liability for the unlawful conduct of members of the police support staff—
a member of the police support staff must be treated as an employee of the Chief Constable in relation to conduct in reliance or purported reliance on a designation under section 30 or 30A ;
conduct by a member of the police support staff in reliance or purported reliance on a designation under section 30 or 30A must be taken to be conduct in the course of that employment;
in the case of a tort, the Chief Constable accordingly falls to be treated as a joint tortfeasor.
For the purposes of determining liability for the unlawful conduct of employees of a contractor, conduct by such an employee in reliance or purported reliance on a designation under section 31 must be taken to be conduct in the course of his employment by the contractor; and, in the case of a tort, the contractor accordingly falls to be treated as a joint tortfeasor.
In subsection (2) “contractor” means a person who has entered into a contract with the Board such as is mentioned in section 31(1).
The Secretary of State may make regulations containing provision of any kind within section 34(1) to (3) for purposes connected with—
excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998);
matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision (within the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954).
Before making regulations under this section the Secretary of State must consult the Department of Justice, the persons mentioned in section 34(4)(a) to (d) and any other person or body appearing to the Secretary of State to have an interest in the matter.
Regulations made by the Department of Justice under section 34 have effect subject to regulations made by the Secretary of State under this section.
Section 51 of the Police (Northern Ireland) Act 2000 (c. 32) (notifiable memberships of police officers) applies in relation to persons designated under section 30, 30A or 31 as it applies in relation to police officers.
As so applied, that section has effect as if the reference in subsection (1) to the duties of a police officer were to the functions for the purposes of which any power or duty is conferred or imposed on a person by his designation under section 30, 30A or 31.
The Department of Justice may by order apply the code of ethics issued by the Board under section 52 of the Police (Northern Ireland) Act 2000 (c. 32) to persons designated under section 30 , 30A or 31.
An order under subsection (1) may apply the code with such modifications as are specified in the order.
If an order is made under subsection (1) applying the code to a person designated under section 30 , 30A or 31 he must be guided by the code as it applies to him in carrying out the functions for the purposes of which any power or duty is conferred or imposed on him by his designation.
Section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on, and obstruction of, constables etc.) is amended as follows.
After subsection (1) insert—
In subsection (2) after “subsection (1)” insert “ or (1A) ”
In subsection (3) after “subsection (1)” insert “ or (1A) ”
After subsection (3) insert—
Section 67 of the Police (Northern Ireland) Act 1998 (impersonation etc.) is amended as follows.
After subsection (1) insert—
In subsection (3) after “subsection (1)” insert “ , (1A) ”
After subsection (5) insert—
This section applies for the interpretation of sections 30 to 39.
“Conduct” includes omissions and statements.
Expressions used in those sections and in the Police (Northern Ireland) Act 2000 (c. 32) have the same meanings in those sections as they have in that Act.
In Article 56 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (intimate searches) after paragraph (5) insert—
Subsection (1) comes into force in accordance with provision made by the Department of Justice by order.
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as set out in subsections (2) to (5).
In Article 62 (intimate samples) for paragraph (9) substitute—
“registered health care professional” means a person (other than a medical practitioner) who is one of the following—
In Article 53 at the beginning insert “ (1) ” and at the end insert—
In Article 89 (orders and regulations) after “Articles” insert “ 53, ”
Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.
In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (codes of practice under Articles 60, 60A and 65: supplementary) after paragraph (6) insert—
Any power of the Secretary of State or the Department of Justice to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Orders or regulations under this Act—
may make different provision for different purposes;
may include supplementary, incidental, saving or transitional provisions.
No order may be made under section ... 23(7) unless a draft of the statutory rule containing the order to be made has been laid before Parliament and approved by a resolution of each House.
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A statutory rule made by the Secretary of State under this Act (other than one containing an order under section ... 23(7), 26(4) ... or 42(6)) is 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 (c. 36) applies accordingly.
An order or regulations made by the Department of Justice under this Act (other than an order under section 41(2)) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Schedule 4 contains repeals and revocations.
This Act extends to Northern Ireland only.
This Act may be cited as the Police (Northern Ireland) Act 2003.
Section 19
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Sections 30 and 31
Where a designation applies this paragraph to a person—
he may apply as if he were a constable for a warrant under section 42 of the Terrorism Act 2000 (c. 11) (warrants for entry and search for purposes of arrest);
the persons authorised by a warrant issued under section 42 of that Act to enter and search premises include the designated person;
Article 17 of the 1989 Order (safeguards) has effect in relation to the issue of a warrant under section 42 of that Act to the designated person as it has effect in relation to the issue of a warrant under that section to a constable;
Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under section 42 of that Act (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person.
Where a designation applies this paragraph to a person, he has the powers of a constable under Article 55A of the 1989 Order (searches and examinations to ascertain identity)—
to carry out a search or examination at a police station;
to take a photograph at a police station of an identifying mark.
Where a designation applies this paragraph to a person—
he has the power of a constable under Article 63 of the 1989 Order (non-intimate samples), in the case of a person in a police station, to take a non-intimate sample without the appropriate consent;
the requirement by virtue of paragraph (6) of that Article (information about authorisation) that a person must be informed by an officer of the matters mentioned in that paragraph may be discharged, in the case of an authorisation in relation to a person in a police station, by his being so informed by the designated person;
the requirement by virtue of paragraph (8B)(a) of that Article that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search may be discharged, in the case of a person in a police station, by his being so informed by the designated person.
Where a designation applies this paragraph to a person—
when lawfully on any premises, he has the same powers as a constable under Article 21 of the 1989 Order (general powers of seizure) to seize things;
he has the powers of a constable to impose a requirement by virtue of paragraph (4) of that Article in relation to information accessible from premises;
paragraph (6) of that Article (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything under Article 21 of that Order by a constable;
Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable included references to the designated person;
Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) or taken away by him following the imposition of a requirement by virtue of sub-paragraph (b)—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by Article 21(2) or (3) of that Order or taken away by a constable following the imposition of a requirement by virtue of Article 21(4) of that Order;
as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to a person, the custody officer for a designated police station may— A person falls within this sub-paragraph if— If a person is transferred under sub-paragraph (1) into the custody of the designated person, the designated person— If a person is transferred under sub-paragraph (1) into the custody of the designated person, paragraphs (2) and (3) of Article 40 of the 1989 Order have effect as if—
Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 10(3) of Schedule 8 to the Terrorism Act 2000 (c. 11) (non-intimate samples from persons detained under the terrorism provisions) to take a non-intimate sample from a person detained under the terrorism provisions.
Where a designation applies this paragraph to a person, he has the powers of a constable under Article 55 of the 1989 Order (non-intimate searches of detained persons)— Paragraphs (9) and (12) of Article 55 of that Order (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this paragraph as they apply to the exercise of the power in question by a constable.
Where a designation applies this paragraph to a person—
he may apply as if he were a constable for a warrant under Article 10 of the 1989 Order (warrants for entry and search for evidence etc.);
the persons authorised by a warrant issued under Article 10 of that Order to enter and search premises include the designated person;
the designated person has the power of a constable under Article 10(2) of that Order to seize and retain things for which a search has been authorised under paragraph (1) of that Article;
Article 17 of that Order (safeguards) has effect in relation to the issue of a warrant under Article 10 of that Order to the designated person as it has effect in relation to the issue of a warrant under that Article to a constable;
Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under Article 10 of that Order (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person;
Article 21(6) of that Order (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person by virtue of sub-paragraph (c) as it has effect in relation to the seizure of anything under Article 10(2) of that Order by a constable;
Article 22 of that Order (extension of powers of seizure to computerised information) applies to the power of seizure conferred on the designated person by virtue of sub-paragraph (c) as it applies to the power of seizure conferred on a constable by Article 10(2) of that Order;
Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (c) as if the references to a constable included references to the designated person;
Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (c) or taken away by him following the imposition of a requirement by virtue of sub-paragraph (g)—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by Article 10(2) of that Order or taken away by a constable following the imposition of a requirement by virtue of Article 22 of that Order;
as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to a person, Article 23 of the 1989 Order (access and copying) has effect in relation to anything seized by a constable or by a person authorised to accompany him under Article 18(2) of that Order as if the second reference to a constable in paragraph (3) of Article 23 and the references to a constable in paragraphs (4) and (5) of that Article (supervision of access and photographing of seized items) included references to the designated person.
Where a designation applies this paragraph to a person—
he has the powers of a constable under Articles 5(1)(c) and 6(1)(c) of the Criminal Evidence (Northern Ireland) Order 1988 to request a person who has been arrested by a constable or by a person to whom paragraph 7 applies to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and
the references to a constable in Articles 5(1)(b) and (c) and (4) and 6(1)(b) and (c) and (3) of that Order accordingly include references to the person to whom this paragraph is applied.
Where a designation applies this paragraph to any person—
the persons to whom a warrant may be addressed under section 25 of the Theft Act (Northern Ireland) 1969 (search for stolen goods) shall include that person; and
in relation to such a warrant addressed to him, that person shall have the powers under subsection (3) of that section.
Where a designation applies this paragraph to any person, subsection (3), and (to the extent that it applies subsection (3)) subsection (3A), of section 23 of the Misuse of Drugs Act 1971 (powers to search and obtain evidence) shall have effect as if the reference to a constable included a reference to that person.
Where a designation applies this paragraph to a person—
he has the powers of a constable under Article 11(1) of the 1989 Order (special provisions for access) to obtain access to excluded material and special procedure material, in accordance with Schedule 1 to that Order and the following provisions of this paragraph;
Schedule 1 to that Order has effect as if the references in paragraphs 1, 4, 5, 9 and 10 of that Schedule to a constable were references to the designated person;
Article 17 of that Order (safeguards) has effect in relation to the issue of a warrant under paragraph 9 of Schedule 1 to that Order to the designated person as it has effect in relation to the issue of a warrant under that paragraph to a constable;
Article 18 of that Order (execution of warrants) has effect in relation to a warrant issued under paragraph 9 of Schedule 1 to that Order (whether to the designated person or to any other person) as if references in that Article to a constable included references to the designated person;
Article 21(6) of that Order (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by paragraph 10 of Schedule 1 to that Order as it has effect in relation to the seizure of anything under that paragraph by a constable;
Article 22 of that Order (extension of powers of seizure to computerised information) applies to the power of seizure conferred on the designated person by paragraph 10 of Schedule 1 to that Order as it applies to the power of seizure conferred on a constable by that paragraph;
Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by paragraph 10 of Schedule 1 to that Order as if the references to a constable included references to the designated person;
Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by paragraph 10 of Schedule 1 to that Order or taken away by him following the imposition of a requirement by virtue of sub-paragraph (f), and to anything produced to him under paragraph 4(a) of Schedule 1 to that Order—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by paragraph 10 of Schedule 1 to that Order or taken away by a constable following the imposition of a requirement by virtue of Article 22 of that Order or, as the case may be, to anything produced to a constable under paragraph 4(a) of that Schedule;
as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.
Section 101 of the Terrorism Act 2000 (c. 11) (codes of practice: supplementary) is amended as follows. After subsection (5) insert— After subsection (7) insert—
Where a designation applies this paragraph to a person— A relevant power is a power of a constable that is conferred on the designated person by virtue of the provisions of this Part of this Schedule.
Where a designation applies this paragraph to a person—
he has the powers of a constable under Article 20 of the 1989 Order (entry and search after arrest) to enter and search premises and to seize and retain anything for which a constable may search under that Article;
paragraphs (5) and (6) of that Article (power to carry out search before arrested person taken to police station and duty to inform senior officer) have effect in relation to any exercise by the designated person of those powers as if the references in those paragraphs to a constable were references to the designated person;
Article 21(6) of that Order (protection for legally privileged material from seizure) has effect in relation to the seizure of anything by the designated person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything under Article 20(2) of that Order by a constable;
Article 22 of that Order (extension of powers of seizure to computerised information) applies to the power of seizure conferred on the designated person by virtue of sub-paragraph (a) as it applies to the power of seizure conferred on a constable by Article 20(2) of that Order;
Article 23(1) and (2) of that Order (provision of record of seizure) has effect in relation to the seizure of anything by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable included references to the designated person;
Articles 23(3) to (8) and 24 of that Order (access, copying and retention) have effect in relation to anything seized by the designated person in exercise of the power conferred on him by virtue of sub-paragraph (a) or taken away by him following the imposition of a requirement by virtue of sub-paragraph (d)—
as they have effect in relation to anything seized in exercise of the power conferred on a constable by Article 20(2) of that Order or taken away by a constable following the imposition of a requirement by virtue of Article 22 of that Order;
as if the second reference to a constable in paragraph (3) of Article 23 of that Order and the references to a constable in paragraphs (4) and (5) of that Article included references to a person to whom this paragraph applies.
Where a designation applies this paragraph to a person, he has the power to make an arrest at a police station in any case where an arrest— Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/ 1987 (N.I. 20)) (consequences of failure by arrested person to account for objects etc.) applies (without prejudice to the effect of any designation applying paragraph 9) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable.
Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station— and for those purposes shall be entitled to use reasonable force.
to assist any officer or other designated person to keep any person detained at the police station under control; and
to prevent the escape of any such person,
This paragraph applies where a person (“an authorised person”) is authorised by virtue of Article 18(2) of the 1989 Order to accompany an investigating officer designated for the purposes of paragraph 2 (or 3) in the execution of a warrant. The reference in paragraph 2(h) (or 3(g)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order. In relation to any such seizure, paragraph 2(h) (or 3(g)) is to be read as if it provided for the references to a constable in Article 23(1) and (2) of the 1989 Order to include references to the authorised person. The reference in paragraph 2(i) (or 3(h)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of Article 18(2A) of the 1989 Order. In relation to anything so seized, paragraph 2(i)(ii) (or 3(h)(ii)) is to be read as if it provided for— Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 10, the references in sub-paragraphs (1)(a) and (b) of that paragraph to the designated person include references to the authorised person.
Where a designation applies this paragraph to a person, he has the power of a constable under Article 29(1) of the 1989 Order (fingerprinting of offenders) to require a person to attend a police station in order to have his fingerprints taken.
Where a designation applies this paragraph to a person—
he has the power of a constable under Article 61 of the 1989 Order (fingerprinting) to take fingerprints at a police station without the appropriate consent;
the requirement by virtue of paragraph (7A)(a) of that Article that a person must be informed by an officer that his fingerprints may be the subject of a speculative search may be discharged, in the case of a person at a police station, by his being so informed by the designated person.
Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 10(2) of Schedule 8 to the Terrorism Act 2000 (c. 11) (fingerprinting persons detained under the terrorism provisions) to take fingerprints from a person detained under the terrorism provisions.
Where a designation applies this paragraph to a person, the requirement by virtue of Article 62(7A)(a) of the 1989 Order (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search may be discharged, in the case of a person in a police station, by his being so informed by the designated person.
Where a designation applies this paragraph to a person, he has the power of a constable under Article 64A of the 1989 Order (photographing of suspects etc.) to take a photograph of a person detained at a police station.
Where a designation applies this paragraph to a person, he has the power of a constable under paragraph 2 of Schedule 8 to the Terrorism Act 2000 (identification of persons detained under the terrorism provisions) to photograph a person detained under the terrorism provisions.
Where a designation applies this paragraph to a person, he has the power of a constable under paragraph (4) of Article 63A of the 1989 Order (supplementary provisions relating to fingerprints and samples) to require a person to attend a police station in order to have a sample taken.
Where a designation applies this paragraph to a person, he may be authorised by the custody officer for any designated police station to escort a person in police detention— A person who is escorting another in accordance with an authorisation under sub-paragraph (1)— Without prejudice to any designation applying paragraph 12 to a person, where a person has another in his lawful custody by virtue of sub-paragraph (2) of this paragraph— Article 40(2) of that Order (responsibilities of custody officer where person transferred to escort) has effect where the custody officer for any police station transfers or permits the transfer of any person to the custody of a person who by virtue of this paragraph has lawful custody outside the police station of the person transferred as it would apply if the designated person were a police officer.
Where a designation applies this paragraph to any person—
he shall, at any police station, have the powers of a constable under Article 61A of the 1989 Order (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and
the requirement by virtue of Article 61A(5)(a) of the 1989 Order that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.
Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station— and for those purposes shall be entitled to use reasonable force.
to keep under control any person detained at the police station and for whom he is for the time being responsible;
to assist any officer or other designated person to keep any other person detained at the police station under control; and
to prevent the escape of any such person as is mentioned in sub-paragraph (a) or (b),
Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—
securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station, or
escorting within a police station, or assisting an officer or another designated person to escort within a police station, a person detained there.
Where a designation applies this paragraph to a person— Without prejudice to any designation applying paragraph 12 to a person, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—
In this Schedule— Expressions used in this Schedule and in the 1989 Order have the same meanings in this Schedule as they have in that Order.
Section 32
In Article 2 of the 1989 Order (general interpretation) after paragraph (4) insert—
In Article 20(5) of the 1989 Order (power of constable to conduct search of arrested person’s premises before taking him to a police station) for “taking the person” substitute “the person is taken”.
In Article 55A(6) of the 1989 Order (persons entitled to carry out search or examination or to take photographs) for sub-paragraphs (a) and (b) and the words after sub-paragraph (b) substitute “constables”.
In Article 61 of the 1989 Order (fingerprinting) after paragraph (8) insert—
In Article 63 of the 1989 Order (non-intimate samples) after paragraph (9) insert—
In Article 64A(3) of the 1989 Order (persons entitled to photograph detainees) for sub-paragraphs (a) and (b) and the words after sub-paragraph (b) substitute “constables”.
Article 66 of the 1989 Order (codes of practice: supplementary) is amended as follows. After paragraph (8) insert— In paragraph (9) after sub-paragraph (b) insert—; or.
Section 45 Short title and chapter or title Extent of repeal or revocation Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) In Article 243(1), the words “Part VA,”. Police (Northern Ireland) Act 1998 (c. 32) Section 61A. Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)) Article 16. Police (Northern Ireland) Act 2000 (c. 32) In section 25(2), the words from “but” to the end. Section 28(5)(c) and the word “and” immediately preceding it. Section 32(4) and (5). Section 63(1). In Schedule 1: in paragraph 3(7)(b), the word “or” immediately preceding sub-paragraph (iii), in paragraph 10(1)(b), the word “or” immediately preceding sub-paragraph (iii), and paragraph 19(3). The repeals in section 28(5) of the Police (Northern Ireland) Act 2000 have effect in accordance with section 8(6) above. The revocations in the Employment Rights (Northern Ireland) Order 1996 and the Public Interest Disclosure (Northern Ireland) Order 1998 have effect in accordance with section 26(4) above.