Police (Northern Ireland) Act 1998

• (b) the Agency.

• (5) Nothing in any other statutory provision shall prevent the Agency from carrying into effect procedures established by virtue of this section.

• (6) No such procedures shall have effect in relation to anything done by a National Crime Agency officer outside Northern Ireland.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The Director General of the National Crime Agency shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of the Ombudsman’s functions under procedures established by virtue of this section.

Reports to Chief Constable and Board.

Constabularies not maintained by Board.

Impersonation, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints – receipt and initial classification of complaints.

Formal investigation by a police officer.

Serious Organised Crime Agency

Supply of information by Ombudsman to Board.

Assaults on, and obstruction of, constables, etc.

Impersonation, etc.

Impersonation, etc.

Obtaining pension by self-inflicted injury, etc.

Protection of members of the police force in executing warrants.

Membership of trade unions.

41A

• (1) For the purposes of subsections (2) to (8) information is “protected information” if the inclusion of the information in a report of the inspectors under section 41 would be against the interests of national security.

• (2) If it appears to the Secretary of State that—

• (a) the inspectors are required to prepare a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)), and

• (b) the report might contain (or once completed might contain) protected information,

the Secretary of State may require the inspectors to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

• (3) The Secretary of State must, within—

• (a) the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or

• (b) such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.

• (4) If—

• (a) it appears to the inspectors that a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)) might contain protected information, and

• (b) the inspectors have not been required to refer the report to the Secretary of State under subsection (2),

the inspectors must refer the report to the Secretary of State.

• (5) The Secretary of State must, within—

• (a) the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or

• (b) such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.

• (6) Where the Secretary of State has required that a report be referred to the Secretary of State under subsection (2), or the inspectors are required under subsection (4) to refer a report to the Secretary of State, the inspectors must not disclose the report to anyone apart from the Secretary of State, except—

• (a) in accordance with subsection (7),

• (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

• (c) after the period mentioned in subsection (3) or (5) has expired without any notification being given by the Secretary of State.

• (7) Where the Secretary of State notifies the inspectors under subsection (3) or (5) that, in the opinion of the Secretary of State, a report contains protected information—

• (a) the Secretary of State may direct the inspectors to exclude from the report any information that, in the opinion of the Secretary of State, is protected information,

• (b) the inspectors must exclude that information from the report,

• (c) the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a), and

• (d) the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

• (8) When the inspectors provide to anyone a report from which information has been excluded under subsection (7), they must at the same time provide the report to the Secretary of State.

• (9) For the purposes of subsections (10) to (14) information is “protected information” if it is information that, in the interests of national security, ought not to be disclosed by the inspectors.

• (10) If it appears to the Secretary of State that any requirement imposed on the inspectors by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, the Secretary of State may require the inspectors to refer the matter to the Secretary of State.

• (11) If it appears to the inspectors that any requirement imposed on them by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, they must refer the matter to the Secretary of State.

• (12) The Secretary of State must, within—

• (a) the period of 30 days after the date on which the inspectors refer a matter to the Secretary of State under subsection (10) or (11), or

• (b) such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the inspectors whether, in the opinion of the Secretary of State, the information in question is or includes protected information.

• (13) Where the inspectors are required under subsection (10) or (11) to refer a matter to the Secretary of State, they must not disclose the information in question to anyone apart from the Secretary of State, except—

• (a) in accordance with subsection (14),

• (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the information in question is not or does not include protected information, or

• (c) after the period mentioned in subsection (12) has expired without any notification being given by the Secretary of State.

• (14) Where the Secretary of State notifies the inspectors under subsection (12) that, in the opinion of the Secretary of State, the information in question is or includes protected information—

• (a) the Secretary of State may set aside or modify the requirement imposed by the Department of Justice as the Secretary of State thinks appropriate so that the inspectors are not required to disclose any information that, in the opinion of the Secretary of State, is protected information;

• (b) the inspectors must proceed accordingly;

• (c) the Secretary of State must inform the Department of Justice that the Secretary of State has taken action under paragraph (a); and

• (d) the Secretary of State must lay before Parliament a statement that the Secretary of State has taken action under paragraph (a).

The Police Ombudsman for Northern Ireland.

Formal investigation by the Ombudsman.

64A

• (1) The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—

• (a) excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998);

• (b) matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

• (2) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—

• (a) the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000, or

• (b) a person appointed under Part 4 of that Act,

the Ombudsman shall not investigate it.

• (3) Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

• (4) Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).

• (5) Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.

Amendments, transitional provisions, repeals, etc.

The Police Fund.

Protection of members of the police force in executing warrants.

Formal investigation by the Ombudsman.

Reports to Chief Constable and Board.

Impersonation, etc.

Causing disaffection.

Amendments, transitional provisions, repeals, etc.

25A

• (1) This section applies where the Department of Justice is proposing to make regulations under section 25 by virtue of subsection (2)(j) or (l) of that section.

• (2) In the case of regulations concerning officers of or below the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

• (a) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996, and

• (b) consider that body's report on the matter.

• (3) In the case of regulations concerning officers above the rank of chief superintendent, before making the regulations the Department of Justice shall (subject to subsection (5))—

• (a) consider advice on the matter from the Senior Salaries Review Body, or

• (b) where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter.

• (4) This subsection applies where—

• (a) the regulations would affect officers who are not above the rank of chief superintendent as well as those who are, and

• (b) the Department of Justice thinks that it would be preferable for the matter to be considered by the same body.

• (5) The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if Department of Justice considers that—

• (a) there is not enough time to do so because the need to make the regulations is so urgent, or

• (b) it is unnecessary to do so by reason of the nature of the proposed regulations.

• (6) In all cases, before making the regulations the Department of Justice shall supply a draft of them to, and consider any representations made by—

• (a) the Board,

• (b) the Police Association, and

• (c) the Chief Constable of the Police Service of Northern Ireland.

• (7) The Department of Justice may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).

The Police Ombudsman for Northern Ireland.

Formal investigation by a police officer.

The National Crime Agency

60ZB

• (1) The Ombudsman and the Secretary of State may enter into an agreement to establish, in relation to the exercise of specified enforcement functions by relevant officials, procedures which correspond to or are similar to any of those established by virtue of this Part.

• (2) Where no such procedures are in force in relation to a particular kind of relevant official, the Secretary of State may by order establish such procedures in relation to the exercise of specified enforcement functions by that kind of relevant official.

• (3) “ Relevant officials ” means—

• (a) immigration officers and other officials of the Secretary of State exercising functions relating to immigration or asylum;

• (b) designated customs officials, and officials of the Secretary of State, exercising customs functions (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009);

• (c) the Director of Border Revenue exercising customs revenue functions (within the meaning of that Part of that Act), and persons exercising such functions of the Director;

• (d) persons providing services pursuant to arrangements relating to the discharge of a function within paragraph (a), (b), or (c).

• (4) “ Enforcement functions ” includes, in particular—

• (a) powers of entry,

• (b) powers to search persons or property,

• (c) powers to seize or detain property,

• (d) powers to arrest persons,

• (e) powers to detain persons, and

• (f) powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data).

• (5) “ Specified ” means specified in an agreement under subsection (1) or an order under subsection (2).

• (6) “ Immigration officer ” means a person appointed under paragraph 1(1) of Schedule 2 to the Immigration Act 1971.

The Independent Commission for Reconciliation and Information Recovery

60ZC

• (1) An agreement under section 60ZB may at any time be varied or terminated—

• (a) by the Secretary of State, or

• (b) by the Ombudsman, with the consent of the Secretary of State.

• (2) Before making an order under section 60ZB the Secretary of State must consult the Ombudsman and such persons as the Secretary of State thinks appropriate.

• (3) An agreement or order under section 60ZB may provide for payment by the Secretary of State to or in respect of the Ombudsman.

• (4) An agreement or order under section 60ZB must relate only to the exercise of enforcement functions—

• (a) wholly in Northern Ireland, or

• (b) partly in Northern Ireland and partly in another part of the United Kingdom.

• (5) An agreement or order under section 60ZB must relate only to the exercise of enforcement functions on or after the day on which the agreement or order is made.

• (6) An agreement or order under section 60ZB must not provide for procedures in relation to so much of any complaint or matter as relates to functions conferred by or under Part 8 of the Immigration and Asylum Act 1999 (detained persons & removal centres etc.).

Supply of information by Ombudsman to Board.

Impersonation, etc.

Obtaining pension by self-inflicted injury, etc.

Commencement.

50A

• (1) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part—

• (a) ceases to apply to a complaint (if made before that day), or

• (b) does not apply to a complaint (if made on or after that day),

insofar as the complaint relates to conduct forming part of the Troubles.

• (2) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Chief Constable, the Board, the Director or the Department of Justice is to cease to deal with any complaint referred before that day under section 52(6) insofar as the complaint relates to conduct forming part of the Troubles.

• (3) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Ombudsman—

• (a) is not to begin any formal investigation of a matter, and

• (b) is to cease any formal investigation of a matter begun before that day,

insofar as the matter relates to conduct forming part of the Troubles.

• (4) This section does not prevent the Ombudsman from carrying out a criminal investigation of a Troubles-related offence if—

• (a) a public prosecution of a person for the offence had been begun before the day on which section 38 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, and

• (b) the criminal investigation is carried out for the purposes of that prosecution.

• (5) For the purposes of subsection (4)—

• (a) “public prosecution” means any prosecution other than a private prosecution;

• (b) a public prosecution of a person for an offence is “begun” when a prosecutor makes the decision to prosecute that person for that offence.

• (6) In this section—

• “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act);

• “formal investigation” means an investigation under section 56 (whether resulting from a referral to the Ombudsman, or a decision by the Ombudsman, under section 55).

60ZD

• (1) An agreement for the establishment in relation to ICRIR officers of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the ICRIR.

• (2) Where no such procedures are in force in relation to the ICRIR, the Secretary of State may by order establish such procedures.

• (3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

• (4) Before making an order under this section the Secretary of State must consult—

• (a) the Ombudsman; and

• (b) the ICRIR.

• (5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

• (6) No such procedures shall have effect in relation to anything done by an ICRIR officer outside Northern Ireland.

• (7) In this section—

• “ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

• “ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.