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Justice Act (Northern Ireland) 2011

Type Act of the Northern Ireland Assembly

Publication 2011-05-04

Last updated 2018-06-01

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(118) (1) Where in any proceedings other than criminal proceedings a magistrates' court is satisfied that any person is able to give material evidence or produce any document or thing before the court, the court may issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing. (2) Where a person fails to attend before a magistrates' court in answer to a summons under paragraph (1), if— (a) the court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings; and (b) it is proved on oath or by affidavit or in such other manner as may be prescribed that the summons was duly served on that person or that he is evading service and that he is able to give material evidence; and (c) no just excuse has been shown for the failure to attend, the court may issue a warrant to arrest that person and bring him before the court to testify and to produce such documents or things as may be required. (3) Where a person is arrested on a warrant issued under this Article he shall be brought, as soon as practicable, before a magistrates' court which may, if desirable, discharge that person on his entering a recognizance to appear before that or any other magistrates' court at the time and place specified in the recognizance and, if necessary, to appear at every time and place to which during the proceedings the hearing may be adjourned. (118A) (1) This Article applies where a magistrates' court is satisfied that— (a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the court, and (b) it is in the interests of justice to issue a summons under this Article to secure the attendance of that person to give evidence or to produce the document or thing. (2) In such a case the magistrates' court shall, subject to the following provisions of this Article, issue a summons (a witness summons) directed to the person concerned and requiring him to— (a) attend before the magistrates' court at the time and place stated in the summons, and (b) give the evidence or produce the document or thing. (3) A witness summons may only be issued under this Article on an application; and the magistrates' court may refuse to issue the summons if any requirement relating to the application is not fulfilled. (4) An application must be made as soon as is reasonably practicable. (5) An application must be made in accordance with magistrates' courts rules. (6) Magistrates' courts rules— (a) may, in such cases as the rules may specify, require an application to be made by a party to the case; (b) may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed; (c) may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate; (d) may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons. (7) Provision contained in magistrates' courts rules by virtue of paragraph (6)(c) may in particular require an affidavit to— (a) set out any charge on which the proceedings concerned are based; (b) specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it; (c) specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing; (d) specify grounds for believing that any stipulated evidence is likely to be material evidence; (e) specify grounds for believing that any stipulated document or thing is likely to be material evidence. (8) In paragraph (7)— (a) references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons; (b) references to the directed person are to the person to whom the witness summons is proposed to be directed. (118B) (1) A witness summons which is issued under Article 118A and which requires a person to produce a document or thing as mentioned in Article 118A(2) may also require him to produce the document or thing— (a) at a place stated in the summons, and (b) at a time which is so stated and precedes that stated under Article 118A(2), for inspection by the person applying for the summons. (2) If— (a) a document or thing is produced in pursuance of a requirement imposed by a witness summons under paragraph (1), (b) the person applying for the summons concludes that a requirement imposed by the summons under Article 118A(2) is no longer needed, and (c) he accordingly applies to the magistrates' court for a direction that the summons shall be of no further effect, the court may direct accordingly. (3) An application under paragraph (2) must be made in accordance with magistrates' courts rules. (4) Magistrates' courts rules may, in such cases as the rules may specify, require the effect of a direction under paragraph (2) to be notified to the person to whom the summons is directed. (118C) (1) If a witness summons issued under Article 118A is directed to a person who— (a) applies to the magistrates' court, (b) satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and (c) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence, the court may direct that the summons shall be of no effect. (2) For the purposes of paragraph (1) it is immaterial— (a) whether or not magistrates' courts rules require the person to be served with notice of the application to issue the summons; (b) whether or not magistrates' courts rules enable the person to be present or represented at the hearing of the application. (3) In paragraph (1)(b) “served” means— (a) served in accordance with magistrates' courts rules, in a case where such rules require the person to be served with notice of the application to issue the summons; (b) served in such way as appears reasonable to the magistrates' court, in any other case. (4) The magistrates' court may refuse to make a direction under this Article if any requirement relating to the application under this Article is not fulfilled. (5) An application under this Article must be made in accordance with magistrates' courts rules. (6) Magistrates' courts rules may, in such cases as the rules may specify, require the service of notice of an application under this Article on the person on whose application the witness summons was issued. (7) Magistrates' courts rules may, in such cases as the rules may specify, require that where— (a) a person applying under this Article can produce a particular document or thing, but (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence, he must arrange for the document or thing to be available at the hearing of the application. (8) Where a direction is made under this Article that a witness summons shall be of no effect, the person on whose application the summons was issued may be ordered to pay the whole or any part of the costs of the application under this Article. (118D) (1) For the purpose of any criminal proceedings before it, a magistrates' court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to— (a) attend before the court at the time and place stated in the summons; and (b) give evidence or produce any document or thing specified in the summons. (2) If a witness summons issued under this Article is directed to a person who— (a) applies to the magistrates' court, and (b) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence, the court may direct that the summons shall be of no effect. (3) The magistrates' court may refuse to make a direction under paragraph (2) if any requirement relating to the application under that paragraph is not fulfilled. (4) An application under paragraph (2) must be made in accordance with magistrates' courts rules. (5) Magistrates' courts rules may, in such cases as the rules may specify, require that where— (a) a person applying under paragraph (2) can produce a particular document or thing, but (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence, he must arrange for the document or thing to be available at the hearing of the application. (118E) (1) If a magistrates' court is satisfied by evidence on oath that— (a) a witness in respect of whom a witness summons is in force is unlikely to comply with the summons; and (b) the witness is likely to be able to give evidence likely to be material evidence or produce any document or thing likely to be material evidence in the proceedings, the magistrates' court may issue a warrant to arrest the witness and bring him before the court. (2) Where a witness who is required to attend before a magistrates' court by virtue of a witness summons fails to attend in compliance with the summons, the magistrates' court may— (a) in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice; (b) if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under sub-paragraph (a), issue a warrant to arrest him and bring him before the court. (3) A witness brought before a magistrates' court in pursuance of a warrant under this Article may be remanded by that court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence. (4) Where a witness attends a magistrates' court in pursuance of a notice under this Article, the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence.

(2) In Article 119(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (penalty for person served with summons under Article 118 who fails to appear)—

(a) in sub-paragraph (a) after “118” insert “ , 118A or 118D ”;

(b) after sub-paragraph (a) insert—

(aa) disobeys a requirement made by a magistrates' court under Article 118B(1); or

Criminal conviction certificates to be given to employers

101

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Accounts of the Law Commission

102

In paragraph 6 of Schedule 9 to the Justice (Northern Ireland) Act 2002 (c. 26) (accounts of the Northern Ireland Law Commission) omit the following provisions (which require the Comptroller and Auditor General for Northern Ireland to report on the accounts)—

(a) sub-paragraph (3)(b); and

(b) sub-paragraphs (4) and (4A).

Variation of firearms certificate

103

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Restrictions on use of shotguns by young persons

104

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Restrictions on possession of air guns by young persons

105

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PART 10 — SUPPLEMENTARY PROVISIONS

Supplementary, incidental, consequential and transitional provision, etc

106

(1) The Department may by order make—

(a) such supplementary, incidental or consequential provision,

(b) such transitory, transitional or saving provision,

as it considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).

(3) In subsection (2) “modify” includes the making of additions, omissions, exceptions and amendments.

(4) Nothing in this Act affects the generality of the power conferred by this section.

(5) No order may be made under subsection (1) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

Regulations and orders

107

(1) Regulations made by the Department under this Act are subject to negative resolution.

(2) Subject to subsection (3), orders made by the Department under this Act are subject to negative resolution.

(3) Subsection (2) does not apply to—

(a) an order under section 1(7), 5(1)(c), 6(3), 40(8), 59(2), 77(5) or 111(3), paragraph 7(3) of Schedule 1 or paragraph 7(3) of Schedule 2;

(b) an order under subsection (1) of section 106 to which subsection (5) of that section applies.

(4) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.

Interpretation

108

In this Act—

“the Department” means the Department of Justice;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

Transitional provisions and savings

109

Schedule 6 (which contains transitional provisions and savings) has effect.

Minor and consequential amendments and repeals

110

(1) The statutory provisions set out in Schedule 7 have effect subject to the minor and consequential amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 8 are repealed to the extent specified in the second column of that Schedule.

Commencement

111

(1) The following provisions of this Act come into operation on the day after this Act receives Royal Assent—

(a) section 52;

(b) section 57;

(d) section 102 and 106 to 108;

(e) section 109 and Schedule 6;

(f) this section;

(g) section 112;

(h) paragraphs 1, 3, 5 and 11 of Schedule 7 (and section 110(1) so far as relating to those paragraphs);

(i) in Part 5 of Schedule 8, the repeals in the Vagrancy Act 1824 (c. 83), the Criminal Justice Act 1988 (c. 33), the Justice (Northern Ireland) Act 2002 (c. 26) and the Criminal Justice (Northern Ireland) Order 2008 (NI 1) (and section 110(2) so far as relating to those repeals).

(2) The following provisions of this Act come into operation two months after the day on which this Act receives Royal Assent—

(a) section 51;

(b) section 53;

(d) in Part 5 of Schedule 8, the repeals in the Offences against the Person Act 1861 (c. 100), the Sexual Offences Act 2003 (c. 42) and the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 (NI 14) (and section 110(2) so far as relating to those repeals).

(3) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(4) Without prejudice to section 107(4), an order under subsection (3) may contain such transitional or transitory modifications of this Act as appear to the Department to be necessary or expedient in connection with any provision brought into operation by the order.

Short title

112

This Act may be cited as the Justice Act (Northern Ireland) 2011.

SCHEDULE 1

Interpretation

1

(1) In this Schedule, in relation to a PCSP—

“independent member” means a member appointed under paragraph 4;

“political member” means a member appointed under paragraph 3.

(2) In this Schedule “local general election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (c. 14).

(3) 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 (c. 3), with the substitution of the words “if appointed” for the words “if elected”.

(4) In this Schedule, in relation to a PCSP and the holding of a local general election—

“the transitional period” means the period—beginning with the election day; andending with the day before the reconstitution date;

“reconstitution date” means the date published by notice of the Policing Board under paragraph 4(4).

(5) For the purposes of this Schedule an independent member of a council shall be treated as a party.

Composition

2

A PCSP shall consist of—

(a) political members appointed under paragraph 3;

(b) independent members appointed under paragraph 4; and

Political members

3

(1) There shall be 8, 9 or 10 political members, as the council may determine.

(2) In making a determination under sub-paragraph (1), the council shall have regard to—

(a) the number of members constituting the council; and

(b) the duty imposed by sub-paragraph (3).

(3) A council shall exercise its power to appoint political members so as to ensure that, so far as practicable, the political members reflect the balance of parties prevailing among the members of the council immediately after the last local general election.

(4) 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 that person's appointment.

(5) A political member shall hold office until the day before the reconstitution date next following that member's appointment.

(6) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place that person is appointed.

(7) A political member (“P”) shall cease to hold office if—

(a) P resigns by notice in writing to the council;

(b) P becomes disqualified for membership of the PCSP; or

(8) A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.

(9) 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 sub-paragraphs (1) and (3) shall have effect subject to this sub-paragraph.

Independent members

4

(1) The number of independent members shall be one less than the number of political members.

(2) Appointments of independent members shall be made by the Policing Board from among persons nominated by the council in accordance with paragraph 5.

(3) In appointing independent members the Policing Board shall so far as practicable secure that the members of the PCSP (taken together) are representative of the community in the district.

(4) Where following a local general election the Policing Board has completed the arrangements for the appointment of the independent members of the PCSP for a district, it shall publish notice of the date which is to be the reconstitution date in relation to the PCSP for that district.

(5) Notice under sub-paragraph (4) shall be published in such manner as appears to the Policing Board appropriate for bringing it to the attention of interested persons.

(6) 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 that person's appointment.

(7) An independent member shall hold office until the day before the reconstitution date next following the member's appointment.

(8) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place that person is appointed.

(9) An independent member shall cease to hold office if that member—

(a) resigns by notice in writing to the council; or

(b) becomes disqualified for membership of the PCSP.

(10) A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.

(11) 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 sub-paragraphs (1) and (3) shall have effect subject to this sub-paragraph.

5

(1) Where appointments are to be made of independent members, the council shall nominate persons willing to be candidates for appointment.

(2) Unless otherwise agreed with the Policing 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.

(3) The council shall notify the Policing Board of—

(a) the name of each person nominated by it under sub-paragraph (1); and

(b) such other information regarding those persons as it considers appropriate.

(4) A person shall not be nominated under sub-paragraph (1) if that person—

(a) is disqualified for membership of the PCSP; or

(b) has not made a declaration against terrorism.

(5) Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Policing 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.

(6) If the Policing Board does so, paragraph 4(2) shall have effect as if those persons had been nominated by the council.

6

(1) In exercising functions under paragraphs 4 and 5, a council and the Policing Board shall have regard to any code of practice under this paragraph.

(2) The Department may issue, and from time to time revise, a code of practice containing guidance as to the exercise by councils and the Policing Board of their functions under paragraphs 4 and 5.

(3) Before issuing, or revising, a code of practice under this paragraph, the Department shall consult—

(a) the Policing Board;

(b) district councils; and

(4) The Department shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to the Department to be appropriate.

Representatives of designated organisations

7

(1) A PCSP must designate at least 4 organisations for the purposes of this paragraph.

(2) A PCSP may at any time revoke a designation under sub-paragraph (1).

(3) The Department may by order designate organisations for the purposes of this paragraph.

(4) No order may be made under sub-paragraph (3) unless—

(a) the Department has consulted each PCSP; and

(b) a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(5) An organisation for the time being designated by a PCSP or by an order under sub-paragraph (3) must nominate a person to attend a meeting of the PCSP or a committee appointed under paragraph 14.

(6) A person who is so nominated and attends a meeting is to be treated as a member of the PCSP or the committee.

Removal of members

8

(1) The Policing Board, or the council with the approval of the Policing Board, may remove a person (“P”) from office as a political or independent member of a PCSP if satisfied that—

(a) in the case of an independent member, P failed to make the necessary disclosure in relation to P's conviction for a criminal offence in Northern Ireland or elsewhere;

(b) in the case of an independent member, P has acted in breach of the terms of a declaration against terrorism;

(c) P has been convicted in Northern Ireland or elsewhere after the date of P's appointment of a criminal offence (whether committed before or after that date);

(d) P has become bankrupt or P is the subject of a bankruptcy restrictions order or P has had a debt relief order made in respect of him or is the subject of a debt relief restrictions order, or has made a composition or arrangement with P's creditors;

(e) P has failed to comply with the terms of P's appointment; or

(f) P is otherwise unable or unfit to discharge P's functions as a member of the PCSP.

(2) The “necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—

(a) before the nomination of that member, to the council which nominated that member; and

(b) before the appointment of that member, to the Policing Board.

(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) 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.

(4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—

(a) in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a PCSP ”;

(b) omit subsection (4);

(d) any meeting of a PCSP or a DPCSP or a committee of a PCSP or DPCSP (whether or not a meeting which the public is permitted to attend), and

Disqualification

9

(1) A person is disqualified for being a political or independent member if that person is—

(a) a police officer;

(b) a member of the police support staff;

(d) an employee of the council.

(2) A person removed from office under paragraph 8(1) is disqualified for membership of a PCSP until the date of the next local general election following that person's removal.

(2A) A person is disqualified for being an independent member of a PCSP if that person is a councillor.

(3) A person is disqualified for being an independent member of a PCSP if—

(a) that person has been convicted in Northern Ireland or elsewhere of any offence and a sentence of imprisonment or detention has been passed on that person, and

(b) the relevant period has not ended.

(4) The relevant period is the period of 5 years beginning with the person's discharge in respect of the offence.

(5) For the purposes of sub-paragraph (4) the following are to be treated as the discharge of a person (whether or not the release of that person is subject to conditions)—

(a) release on licence;

(b) release in pursuance of a grant of remission.

(6) Sub-paragraph (5) does not apply in relation to the release of a person in respect of an offence if that person is required to return to prison or detention for a further period in respect of the offence.

(7) Subject to sub-paragraph (8), the reference in sub-paragraph (3) to a sentence of imprisonment or detention does not include a suspended sentence.

(8) Sub-paragraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect.

(9) 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.

Chair and vice-chair

10

(1) For each PCSP there shall be—

(a) a chair appointed by the council from among the political members; and

(b) a vice-chair elected by the independent members from among such members.

(2) In appointing to the office of chair, the council shall ensure that, so far as practicable—

(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's appointment;

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.

(3) A person may at any time resign as chair or vice-chair by notice in writing to the PCSP.

(4) If the person holding office as chair or vice-chair ceases to be a member of the PCSP, that person shall also cease to hold that office.

Procedure of PCSP

11

(1) The quorum for a meeting of a PCSP shall be one-quarter of the total number of members.

(2) Every question at a meeting of a PCSP 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 chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a PCSP, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a PCSP may regulate its own procedure.

Policing committee: constitution

12

(1) For each PCSP there shall be a policing committee consisting of—

(a) the political members; and

(b) the independent members.

(2) For each policing committee there shall be—

(a) a chair who shall be the person who is for the time being chair of the PCSP; and

(b) a vice-chair elected by the independent members from among such members.

(3) The election of the vice-chair shall be conducted in accordance with procedures determined by the policing committee under paragraph 13(4).

(4) Subject to the following provisions of this paragraph, a person shall hold and vacate office as vice-chair in accordance with such terms as the Policing Board may determine.

(5) In determining terms under sub-paragraph (4), the Policing Board shall ensure that, so far as practicable, a person holds office as vice-chair for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's election to that office.

(6) A person may at any time resign as vice-chair by notice in writing to the Policing Board.

(7) If the person holding office as chair or vice-chair ceases to be a member of the policing committee, that person shall also cease to hold that office.

Policing committee: procedure

13

(1) The quorum for a meeting of a policing committee shall be 5.

(2) Every question at a meeting of a policing committee 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 chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a policing committee, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a policing committee may regulate its own procedure.

(5) A policing committee may—

(a) constitute sub-committees of such 5 or more of its members as the policing committee may appoint; and

(b) delegate to a sub-committee so constituted any of the functions exercisable by the policing committee.

(6) The powers of any sub-committee of a policing committee shall be exercised, and the proceedings of the sub-committee shall be regulated, in accordance with and subject to directions given by the policing committee.

Other committees

14

(1) A PCSP may—

(a) constitute other committees of such 5 or more of its members as the PCSP may appoint; and

(b) delegate to a committee so constituted any of the functions of the PCSP (other than a restricted function).

(2) A committee appointed under this paragraph may co-opt to the committee persons who are not members of the committee or the PCSP.

(3) A person co-opted under sub-paragraph (2) may not vote on any matter, but otherwise is to be treated as a member of the committee.

(4) The powers of any committee appointed under this paragraph shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the PCSP.

Indemnities

15

The council may indemnify a member of a PCSP in respect of liability incurred by that member in connection with the business of the PCSP.

Insurance against accidents

16

(1) The council may insure against risks of a member of the PCSP meeting with a personal accident, whether fatal or not, while engaged on the business of the PCSP.

(2) Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the PCSP.

(3) The council shall pay the sum to the member or the member's personal representatives, after deducting any expenses incurred in its recovery.

(4) The provisions of the Life Assurance Act 1774 (c. 48) as extended by the Life Insurance (Ireland) Act 1866 (c. 42) do not apply to any insurance under this paragraph.

Expenses

17

The council may pay to members of a PCSP such expenses as the council may determine.

Finance

18

(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with PCSPs.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a) shall be paid at such time, or in instalments of such amounts and at such times, and

(b) shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.

Validity of proceedings

19

The validity of any proceedings of a PCSP or a committee of a PCSP shall not be affected by—

(a) any defect in the appointment of any member or in the appointment or election of the chair or vice-chair; or

(b) any vacancy in the office of chair or vice-chair or among the other members.

Disclosure of pecuniary interests, family connections, etc.

20

Sections 28 to 33, 42, 46, 47 and 146 of the Local Government Act (Northern Ireland) 1972 (c. 9) (and section 148 of that Act so far as applying for the interpretation of those sections) apply to a PCSP and its members as if—

(a) in those sections—

(i) any reference to a council were a reference to the PCSP;

(ii) any reference to a councillor were a reference to a member of the PCSP;

(iii) any reference to the clerk of the council were a reference to the person acting as secretary of the PCSP;

(b) 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 ”;

Joint PCSPs

21

(1) The Department may by order provide that two or more councils may by agreement establish a single PCSP for their districts.

(2) An order under this paragraph may—

(a) provide for Part 3, this Schedule and Schedule 2 to have effect in relation to—

(i) the councils in question and their districts, and

(ii) any PCSP established by virtue of this paragraph,

with such modifications as the Department thinks necessary or expedient;

(b) make such other provision as the Department thinks necessary or expedient for the proper functioning of any such PCSP.

(3) Before making an order under this paragraph, the Department shall consult—

(a) the Policing Board; and

(b) any council affected by the order.

Belfast PCSP

22

(1) The preceding paragraphs of this Schedule have effect in relation to the PCSP for the district of Belfast with the following modifications.

(2) In paragraph 3 after sub-paragraph (3) insert—

(3A) The members of the PCSP who are appointed by the council in accordance with this paragraph shall include the persons who hold the office of chair of each of the DPCSPs.

(3) In paragraph 5 after sub-paragraph (3) insert—

(3A) In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Policing Board of— (a) whether the person is also willing to be a candidate for appointment as an independent member of a DPCSP; (b) if the person is so willing, the DPCSP or DPCSPs concerned.

SCHEDULE 2

Interpretation

1

(1) In this Schedule, in relation to a DPCSP—

“independent member” means a member appointed under paragraph 4;

“political member” means a member appointed under paragraph 3.

(2) In this Schedule “local general election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (c. 14).

(3) 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 (c. 3), with the substitution of the words “if appointed” for the words “if elected”.

(4) In this Schedule, in relation to a DPCSP and the holding of a local general election—

“the transitional period” means the period—beginning with the election day; andending with the day before the reconstitution date;

“reconstitution date” means the date published by notice of the Policing Board under paragraph 4(3).

(5) For the purposes of this Schedule an independent member of a council shall be treated as a party.

Composition

2

(1) A DPCSP shall consist of—

(a) 6 political members appointed under paragraph 3;

(b) 5 independent members appointed under paragraph 4; and

(2) The members of a DPCSP need not be members of the principal PCSP.

Political members

3

(1) The council shall exercise its power to appoint political members so as to ensure that, so far as practicable, the political members of all the DPCSPs, taken together, reflect the balance of parties prevailing among the members of the council immediately after the last local general election.

(2) 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 that person's appointment.

(3) A political member shall hold office until the day before the reconstitution date next following that member's appointment.

(4) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place that person is appointed.

(5) A political member (“P”) shall cease to hold office if—

(a) P resigns by notice in writing to the council;

(b) P becomes disqualified for membership of the DPCSP; or

(6) A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.

(7) 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(1) and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph.

Independent members

4

(1) Appointments of independent members shall be made by the Policing Board from among persons nominated by the council in accordance with paragraph 5.

(2) In appointing independent members the Policing Board shall so far as practicable secure that the members of the DPCSP (taken together) are representative of the community in the DPCSP's police district.

(3) Where, following a local general election, the Policing Board has completed the arrangements for the appointment of the independent members of the DPCSP for a police district, it shall publish notice of the date which is to be the reconstitution date in relation to the DPCSP for that police district.

(4) Notice under sub-paragraph (3) shall be published in such manner as appears to the Policing Board appropriate for bringing it to the attention of interested persons.

(5) 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 that person's appointment.

(6) An independent member shall hold office until the day before the reconstitution date next following the member's appointment.

(7) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place that person is appointed.

(8) An independent member shall cease to hold office if that member—

(a) resigns by notice in writing to the council; or

(b) becomes disqualified for membership of the DPCSP.

(9) A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.

(10) 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(1) and sub-paragraphs (1) and (2) of this paragraph shall have effect subject to this sub-paragraph.

5

(1) Where appointments are to be made of independent members of a DPCSP, the council shall nominate persons willing to be candidates for appointment.

(2) Unless otherwise agreed with the Policing 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.

(3) The council shall notify the Policing Board of—

(a) the name of each person nominated by it under sub-paragraph (1); and

(b) such other information regarding those persons as it considers appropriate.

(4) In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Policing Board of—

(a) whether the person is also willing to be a candidate for appointment as an independent member of any other DPCSP;

(b) if the person is so willing, the DPCSP or DPCSPs concerned;

(5) A person shall not be nominated under sub-paragraph (1) if that person—

(a) is disqualified for membership of the DPCSP, or

(b) has not made a declaration against terrorism.

(6) Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Policing 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.

(7) If the Policing Board does so, paragraph 4(1) shall have effect as if those persons had been nominated by the council.

6

(1) In exercising functions under paragraphs 4 and 5, the council and the Policing Board shall have regard to any code of practice under this paragraph.

(2) The Department may issue, and from time to time revise, a code of practice containing guidance as to the exercise by the council and the Policing Board of their functions under paragraphs 4 and 5.

(3) Before issuing or revising a code of practice under this paragraph, the Department shall consult—

(a) the Policing Board;

(b) the council; and

(4) The Department shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to the Department to be appropriate.

Representatives of designated organisations

7

(1) A DPCSP must designate at least 4 organisations for the purposes of this paragraph.

(2) A DPCSP may at any time revoke a designation under sub-paragraph (1).

(3) The Department may by order designate organisations for the purposes of this paragraph.

(4) No order may be made under sub-paragraph (3) unless—

(a) the Department has consulted each DPCSP; and

(b) a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(5) An organisation for the time being designated by a DPCSP or by an order under sub-paragraph (3) must nominate a person to attend a meeting of the DPCSP or a committee appointed under paragraph 14.

(6) A person who is so nominated and attends a meeting is to be treated as a member of the DPCSP or the committee.

Removal of members

8

(1) The Policing Board, or the council with the approval of the Policing Board, may remove a person (“P”) from office as a political or independent member of a DPCSP if satisfied that—

(a) in the case of an independent member, P failed to make the necessary disclosure in relation to P's conviction for a criminal offence in Northern Ireland or elsewhere;

(b) in the case of an independent member, P has acted in breach of the terms of a declaration against terrorism;

(c) P has been convicted in Northern Ireland or elsewhere after the date of P's appointment of a criminal offence (whether committed before or after that date);

(d) P has become bankrupt or P is the subject of a bankruptcy restrictions order or P has had a debt relief order made in respect of him or is the subject of a debt relief restrictions order, or has made a composition or arrangement with P's creditors;

(e) P has failed to comply with the terms of P's appointment; or

(f) P is otherwise unable or unfit to discharge P's functions as a member of the DPCSP.

(2) The “necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—

(a) before the nomination of that member, to the council which nominated that member; and

(b) before the appointment of that member, to the Policing Board.

(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) 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.

(4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—

(a) in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a DPCSP ”;

(b) omit subsection (4);

(d) any meeting of a PCSP or a DPCSP or a committee of a PCSP or DPCSP (whether or not a meeting which the public is permitted to attend), and

Disqualification

9

(1) A person is disqualified for being a political or independent member of a DPCSP if that person is—

(a) a police officer;

(b) a member of the police support staff;

(d) an employee of the council.

(2) A person removed from office under paragraph 8(1) is disqualified for membership of a DPCSP until the date of the next local general election following that person's removal.

(2A) A person is disqualified for being an independent member of a DPCSP if that person is a councillor.

(3) A person is disqualified for being an independent member of a DPCSP if—

(a) that person has been convicted in Northern Ireland or elsewhere of any offence and a sentence of imprisonment or detention has been passed on that person, and

(b) the relevant period has not ended.

(4) The relevant period is the period of 5 years beginning with the person's discharge in respect of the offence.

(5) For the purposes of sub-paragraph (4) the following are to be treated as the discharge of a person (whether or not the release of that person is subject to conditions)—

(a) release on licence;

(b) release in pursuance of a grant of remission.

(6) Sub-paragraph (5) does not apply in relation to the release of a person in respect of an offence if that person is required to return to prison or detention for a further period in respect of the offence.

(7) Subject to sub-paragraph (8), the reference in sub-paragraph (3) to a sentence of imprisonment or detention does not include a suspended sentence.

(8) Sub-paragraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect.

(9) 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.

Chair and vice-chair

10

(1) For each DPCSP there shall be—

(a) a chair appointed by the council from among the political members; and

(b) a vice-chair elected by the independent members from among such members.

(2) In appointing to the office of chair, the council shall ensure that, so far as is practicable—

(a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's appointment;

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.

(3) A person may at any time resign as chair or vice-chair by notice in writing to the DPCSP.

(4) If the person holding office as chair or vice-chair ceases to be a member of the DPCSP, that person shall also cease to hold that office.

Procedure of DPCSP

11

(1) The quorum for a meeting of a DPCSP shall be one-quarter of the total number of members.

(2) Every question at a meeting of a DPCSP 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 chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a DPCSP, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a DPCSP may regulate its own procedure.

Policing committee: constitution

12

(1) For each DPCSP there shall be a policing committee consisting of—

(a) the political members; and

(b) the independent members.

(2) For each policing committee there shall be—

(a) a chair who shall be the person who is for the time being chair of the DPCSP; and

(b) a vice-chair elected by the independent members from among such members.

(3) The election of the vice-chair shall be conducted in accordance with procedures determined by the policing committee under paragraph 13(4).

(4) Subject to the following provisions of this paragraph, a person shall hold and vacate office as vice-chair in accordance with such terms as the Policing Board may determine.

(5) In determining terms under sub-paragraph (4), the Policing Board shall ensure that, so far as practicable, a person holds office as vice-chair for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's election to that office.

(6) A person may at any time resign as vice-chair by notice in writing to the Policing Board.

(7) If the person holding office as chair or vice-chair ceases to be a member of the policing committee, that person shall also cease to hold that office.

Policing committee: procedure

13

(1) The quorum for a meeting of a policing committee shall be 5.

(2) Every question at a meeting of a policing committee 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 chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a policing committee, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a policing committee may regulate its own procedure.

(5) A policing committee may—

(a) constitute committees of such 5 or more of its members as the policing committee may appoint; and

(b) delegate to a committee so constituted any of the functions exercisable by the policing committee.

(6) The powers of any sub-committee of a policing committee shall be exercised, and the proceedings of the sub-committee shall be regulated, in accordance with and subject to directions given by the policing committee.

Other committees

14

(1) A DPCSP may constitute other committees of its members; and references in this paragraph to a committee are to a committee so constituted.

(2) A DPCSP shall constitute a committee of its members if directed to do so by the principal PCSP.

(3) A committee of a DPCSP shall consist of 5 or more members of the DPCSP.

(4) The members of a committee of a DPCSP shall be appointed by the DPCSP.

(5) A DPCSP may delegate any of its functions (other than restricted functions) to a committee constituted by it.

(6) The powers of a committee of a DPCSP shall be exercised in accordance with and subject to directions given by the DPCSP.

(7) The proceedings of a committee of a DPCSP shall be regulated in accordance with and subject to directions given by the DPCSP.

(8) The approval of the principal PCSP is required to—

(a) the constitution of a committee under sub-paragraph (1);

(b) the members of a committee of a DPCSP to be appointed under sub-paragraph (4);

(d) the exercise by a committee of any functions delegated to it under sub-paragraph (5);

(e) the directions to be given to a committee under sub-paragraphs (6) and (7).

Indemnities

15

The council may indemnify a member of a DPCSP in respect of liability incurred by that member in connection with the business of the DPCSP.

Insurance against accidents

16

(1) The council may insure against risks of a member of the DPCSP meeting with a personal accident, whether fatal or not, while engaged on the business of the DPCSP.

(2) Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the DPCSP.

(3) The council shall pay the sum to the member or the member's personal representatives, after deducting any expenses incurred in its recovery.

(4) The provisions of the Life Assurance Act 1774 (c. 48) as extended by the Life Insurance (Ireland) Act 1866 (c. 42) do not apply to any insurance under this paragraph.

Expenses

17

The council may pay to members of a DPCSP such expenses as the council may determine.

Finance

18

(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with DPCSPs.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a) shall be paid at such time, or in instalments of such amounts and at such times, and

(b) shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.

Validity of proceedings

19

The validity of any proceedings of a DPCSP or a committee of a DPCSP shall not be affected by—

(a) any defect in the appointment of any member or in the appointment or election of the chair or vice-chair; or

(b) any vacancy in the office of chair or vice-chair or among the other members.

Disclosure of pecuniary interests, family connections, etc.

20

(a) in those sections—

(i) any reference to a council were a reference to the DPCSP;

(ii) any reference to a councillor were a reference to a member of the DPCSP;

(iii) anyreference to the clerk of the council were a reference to the person acting as secretary of the DPCSP;

(b) 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 ”;

SCHEDULE 3

1

In this Schedule—

“the IFA” means the Irish Football Association;

“the FAI” means the Football Association of Ireland;

“FIFA” means the Fédération Internationale de Football Association;

“the IRFU” means the Irish Rugby Football Union;

“gaelic game” means gaelic football (including international rules football), hurling or camogie;

“member” includes a full or associate member;

“UEFA” means Union des Associations Européennes de Football.

Association football

2

This paragraph applies to an association football match in which one or both participating teams represents a country or territory.

3

This paragraph applies to an association football match in which one or both participating teams represents a club which is for the time being a member of—

(a) the IFA Premiership,

(b) the IFA Championship,

(d) the FAI First Division.

4

This paragraph applies to an association football match in which one or both participating teams represents a club which is for the time being a member of—

(a) the Football League,

(b) the Football Association Premier League,

(d) the Welsh Premier League,

(e) the Scottish Premier League, or

(f) the Scottish Football League.

5

This paragraph applies to an association football match—

(a) in which one or both participating teams is a member of, or affiliated to, a national football association which is a member of FIFA; and

(b) which is part of a competition or tournament organised by, or under the authority of—

(i) FIFA, or

(ii) UEFA.

Gaelic games

6

This paragraph applies to a match in a gaelic game which is played at a sports ground which is designated as requiring a safety certificate under Part 2 of the Safety of Sports Grounds (Northern Ireland) Order 2006 (NI 2).

7

This paragraph applies to a match in a gaelic game which is played outside Northern Ireland and—

(a) in which one or both participating teams represents a county; or

(b) which is an international rules football match.

Rugby union

8

This paragraph applies to a rugby union match which—

(a) is subject to regulation by the IRFU, and

(b) is played at a sports ground which is designated as requiring a safety certificate under Part 2 of the Safety of Sports Grounds (Northern Ireland) Order 2006.

9

This paragraph applies to a rugby union match—

(a) which is subject to regulation by the IRFU,

(b) which is played outside Northern Ireland, and

SCHEDULE 4

SCHEDULE 5

Power to provide for enhanced fee

1

(1) Regulations under Article 22 or 36 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) or an order under Schedule 2 to that Order may provide for the payment of an enhanced fee to a solicitor who—

(a) exercises a right of audience in a court or tribunal to which this Schedule applies;

(b) has been accredited by the Law Society under paragraph 2 in relation to that court or tribunal; and

(2) This Schedule applies to—

(a) the Crown Court;

(b) a county court;

(d) a tribunal to which sub-paragraph (3) applies.

(3) This sub-paragraph applies to a tribunal if—

(a) it is a tribunal mentioned in Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8); or

(b) assistance by way of representation may be approved under Article 5 of that Order in respect of proceedings before the tribunal.

Accreditation of solicitors

2

(1) The Law Society shall make regulations with respect to the education, training and experience to be undergone by solicitors seeking accreditation for the purposes of this paragraph in relation to a court or tribunal to which this Schedule applies.

(2) A person who is qualified to act as a solicitor may apply to the Law Society for accreditation under this paragraph in relation to a court or tribunal to which this Schedule applies.

(3) An application under sub-paragraph (2)—

(a) shall be made in such manner as may be prescribed;

(b) shall be accompanied by such information as the Law Society may reasonably require for the purpose of determining the application; and

(4) At any time after receiving the application and before determining it the Law Society may require the applicant to provide it with further information.

(5) The Law Society shall grant accreditation under this paragraph in relation to a court or tribunal if it appears to the Law Society, from the information furnished by the applicant and any other information it may have, that the applicant has complied with the requirements applicable to the applicant in relation to that court or tribunal by virtue of regulations under sub-paragraph (1).

(6) Accreditation granted to a person under this paragraph ceases to have effect if, and for so long as, that person is not qualified to act as a solicitor.

(7) The Law Society may by regulations provide that any person who has completed such education, training or experience as may be prescribed, before such date as may be prescribed shall be taken to be accredited under this paragraph in relation to a prescribed court or tribunal.

(8) Every entry in the register kept under Article 10 of the Solicitors (Northern Ireland) Order 1976 (NI 12) shall include details of any accreditation granted under this paragraph to the solicitor to whom the entry relates.

Duties of solicitor

3

(1) Sub-paragraph (2) applies where—

(a) either—

(i) a criminal aid certificate or civil aid certificate is granted under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 to a person in any proceedings in a court or tribunal to which this Schedule applies; or

(ii) assistance by way of representation is approved in respect of a person under Article 5 of that Order in relation to proceedings in such a court or tribunal;

(b) that certificate or approval entitles that person (“the client”) to be represented by counsel or by a solicitor accredited under paragraph 2 in relation to that court or tribunal; and

(i) the client's solicitor is minded to arrange for another solicitor who is accredited in relation to that court or tribunal to provide that representation; or

(ii) the client's solicitor is accredited in relation to that court or tribunal and is minded to provide that representation.

(2) The client's solicitor must advise the client in writing—

(a) of the advantages and disadvantages of representation by an accredited solicitor and by counsel, respectively; and

(b) that the decision as to whether an accredited solicitor or counsel is to represent the client is entirely that of the client.

(3) The Law Society shall make regulations with respect to the giving of advice under sub-paragraph (2).

(4) A solicitor shall—

(a) in advising a client under sub-paragraph (2), act in the best interest of the client; and

(b) give effect to any decision of the client referred to in sub-paragraph (2)(b).

(5) Where—

(a) a solicitor has complied with sub-paragraph (2) in relation to the representation of a client in any proceedings in a court or tribunal, and

(b) that client is to be represented in those proceedings by an accredited solicitor,

the solicitor shall inform the court or tribunal of the fact mentioned in paragraph (a) in such manner and before such time as the relevant rules may require.

(6) For the purposes of this paragraph compliance with sub-paragraph (2) or (5) in relation to any proceedings in a court or tribunal in any cause or matter is to be taken to be compliance with that sub-paragraph in relation to any other proceedings in that court in the same cause or matter.

(7) If a solicitor contravenes this paragraph, any person may make a complaint in respect of the contravention to the Solicitors Disciplinary Tribunal.

Regulations

4

(1) Regulations under this Schedule require the concurrence of—

(a) the Lord Chief Justice; and

(b) the Department, given after consultation with the Attorney General.

(2) The Department shall not grant its concurrence to any regulations under paragraph 2(1) or 2(7) unless regulations have been made under paragraph 3(3) and are in operation.

Consequential amendments

5

The Department may by order make such amendments to—

(a) the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8); or

(b) Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 (NI 10),

as appear to the Department to be necessary or expedient in consequence of, or for giving full effect to, the provisions of this Schedule.

Interpretation

6

In this Schedule—

“accredited solicitor”, in relation to any court or tribunal, means a solicitor who is accredited under paragraph 2 in relation to that court or tribunal;

“the client” has the meaning given in paragraph 3(1)(b);

“the Law Society” means the Incorporated Law Society of Northern Ireland;

“prescribed” means prescribed by regulations made by the Law Society;

“relevant rules” means—in relation to the Crown Court, Crown Court rules,in relation to a county court, county court rules or family proceedings rules,in relation to a magistrates' court, magistrates' courts rules,in relation to a tribunal, the rules regulating the practice and procedure of the tribunal.

SCHEDULE 6

Offender levy

1

A provision in Chapter 1 of Part 1 does not apply in relation to an offence committed before the commencement of that provision.

Vulnerable and intimidated witnesses

2

(1) The amendments made by sections 7 to 11 apply to proceedings instituted before the commencement of the amendment in question.

(2) But the amendments made by sections 7 to 11 do not affect the continued operation of a special measures direction given before the commencement of the amendment in question.

(3) Sub-paragraph (2) does not prevent an amendment made by sections 7 to 11 from applying after its commencement to—

(a) the variation under Article 8 of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) of a special measures direction that was given in relation to a witness before the commencement of the amendment, and

(b) the giving of a new special measures direction in relation to a witness (including the giving of a new direction in a case where a special measures direction given in relation to the witness in question has been discharged under Article 8 of that Order after the commencement of the amendment).

(4) In this paragraph “special measures direction” means a direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999.

Banning orders

3

A banning order may not be made under section 41 where the offence mentioned in subsection (1) of that section was committed before the commencement of that section.

Increase in penalties

4

(1) Section 51(2) does not apply in relation to an offence committed before the commencement of that subsection.

(2) Section 52 does not apply in relation to an offence committed before the commencement of that section.

Conditions of sex offender licence

5

Section 54 applies in relation to offenders released on licence under Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) before the commencement of that section, but does not apply in relation to a failure to comply with a condition of a licence which occurs before that commencement.

Serious and specified offences

6

Section 57 does not apply in relation to an offence committed before the commencement of that section.

Alternatives to prosecution

7

A provision in Chapter 1 or 2 of Part 6 does not apply in relation to an offence committed before the commencement of that provision.

Witness summonses

8

Section 100 applies in relation to any criminal proceedings before a magistrates' court for the purposes of which no summons requiring the attendance of a witness has been issued before the commencement of that section.

Accounts of the Law Commission

9

Section 102 applies in relation to accounts for the financial year in which that section comes into operation and subsequent financial years.

SCHEDULE 7

The Vagrancy Act 1824 (c. 83)

1

In section 4(i) of the Vagrancy Act 1824 for “arrestable offence” substitute “ indictable offence ”.

The Judicature (Northern Ireland) Act 1978 (c. 23)

2

In section 82(1) (rules as to funds in court)—

(a) in paragraphs (c) and (d) for “81(b)(ii)” substitute “ 81(1)(b)(ii) ”; and

(b) in paragraph (k) for “81(a)(iv)” substitute “ 81(1)(a)(iv) ”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

3

(1) In Article 29(1)(l) (right to claim trial by jury for certain offences) after “139A(1)” insert “ or (2) ”.

(2) In Article 29(1) after sub-paragraph (n) insert—

(o) section 93 of the Justice (Northern Ireland) Act 2010.

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)

4

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