Legalize / United Kingdom / Public General Act

Police (Northern Ireland) Act 2000

Type Public General Act

Publication 2000-11-23

Last updated 2016-05-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Name of the Police in Northern Ireland

Places of detention: lay visitors.

1

(1) The body of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).

(2) The body of constables referred to in subsection (1) shall be styled for operational purposes the “Police Service of Northern Ireland”.

(3) The body of constables known as the Royal Ulster Constabulary Reserve shall continue in being as the Police Service of Northern Ireland Reserve (incorporating the Royal Ulster Constabulary Reserve).

(4) The body of constables referred to in subsection (3) shall be styled for operational purposes “The Police Service of Northern Ireland Reserve”.

Part II — The Northern Ireland Policing Board

The Northern Ireland Policing Board

2

(1) There shall be a body corporate to be known as the Northern Ireland Policing Board (in this Act referred to as “the Board”).

(2) Schedule 1 shall have effect in relation to the Board.

(3) The Police Authority for Northern Ireland is hereby dissolved.

(4) Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Police Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect.

General functions of the Board

3

(1) The Board shall secure the maintenance of the police in Northern Ireland.

(2) The Board shall secure that—

(a) the police,

(b) the police support staff, and

are efficient and effective.

(3) In carrying out its functions under subsections (1) and (2) the Board shall—

(a) in accordance with the following provisions of this Act, hold the Chief Constable to account for the exercise of his functions and those of the police, the police support staff and traffic wardens;

(b) monitor the performance of the police in—

(ia) complying with section 31A(1);

(i) carrying out the general duty under section 32(1);

(ii) complying with the Human Rights Act 1998;

(iii) carrying out the policing plan;

(i) the workings of Part VII of the 1998 Act (police complaints and disciplinary proceedings) and trends and patterns in complaints under that Part;

(ii) the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 71;

(iii) trends and patterns in crimes committed in Northern Ireland;

(iv) trends and patterns in recruitment to the police and the police support staff;

(v) the extent to which the membership of the police and the police support staff is representative of the community in Northern Ireland;

(d) assess—

(i) the effectiveness of measures taken to secure that the membership of the police and the police support staff is representative of that community;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the effectiveness of the code of ethics issued under section 52;

(e) make arrangements for obtaining the co-operation of the public with the police in the prevention of crime.

(3A) The Board shall—

(a) monitor the exercise of the functions of the National Crime Agency in Northern Ireland;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) make arrangements for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime.

(3B) Nothing in subsection (3A) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.

(4) In carrying out its functions, the Board shall have regard to—

(a) the principle that the policing of Northern Ireland is to be conducted in an impartial manner;

(b) the policing plan;

(d) the need—

(i) to co-ordinate its activities with those of other statutory authorities; and

(ii) to co-operate with such authorities.

Police support staff

4

(1) The Board may, subject to the following provisions of this section, employ persons to assist the police.

(2) Senior employees shall be appointed by the Board—

(a) with the approval of the Department of Justice and after consultation with the Chief Constable; and

(b) on such terms and conditions as the Board may, with the approval of the Department of Justice, determine.

(3) Other employees shall be appointed by the Board with the approval of the Department of Justice as to terms and conditions.

(3A) Regulations may make provision as to the suitability for appointment under subsection (3) of persons who are so appointed with a view to their being designated under section 30 or 30A of the Police (Northern Ireland) Act 2003.

(3B) Before making regulations under subsection (3), the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable;

(d) any other person or body appearing to the Department of Justice to have an interest in the matter.

(4) The Board may make arrangements for administrative, secretarial or other assistance to be provided for the police by persons employed in the civil service.

(5) The following functions of the Board shall be exercised, on behalf of and in the name of the Board, by the Chief Constable—

(a) the power to direct and control senior employees of the Board and all other powers and duties of the Board as employer of such employees, other than the power to appoint and dismiss;

(b) the power to appoint and dismiss other employees, the power to direct and control such employees and all other powers and duties of the Board as employer of such employees;

(c) the power to direct and control persons providing assistance to the police in pursuance of arrangements under subsection (4).

(6) Persons who—

(a) are employed by the Board under this section, or

(b) are engaged in pursuance of arrangements under subsection (4) in providing assistance to the police,

are referred to in this Act as the “police support staff”.

(7) In this section and section 5 “senior employee” means an employee of such class or description as may be specified for the purposes of this section by the Board with the approval of the Department of Justice.

Power to transfer certain staff to employment of Board

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(1) The Department of Justice may by regulations provide for the transfer to the employment of the Board of any person to whom this section applies.

(2) Subject to subsection (3), this section applies to any person who immediately before such date as may be prescribed in regulations under subsection (1) (“the prescribed date”) is—

(a) employed in the civil service; and

(b) engaged, in pursuance of arrangements under section 4(4), in providing assistance to the police.

(3) This section does not apply to a person if—

(a) his employment in the civil service terminates on the day immediately before the prescribed date; or

(b) he is withdrawn from work with the Board with effect from the prescribed date.

(4) Subsections (5)(b) and (6) of section 4 shall apply in relation to persons transferred to the employment of the Board under this section as they apply in relation to persons employed by the Board under that section who are not senior employees.

(5) Before making any regulations under this section the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable; and

(c) such organisations as appear to the Department of Justice to represent the interests of persons affected by the regulations.

Provision and maintenance of buildings and equipment

6

(1) The Board may provide and maintain buildings and equipment for police purposes.

(2) The Board may enter into arrangements with any other person for the maintenance, on such terms as the Board may determine, of equipment used by that person; and maintenance of equipment carried out in pursuance of any such arrangements shall be treated for the purposes of this Act as maintenance of equipment for police purposes.

(3) The powers of the Board under this section shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.

(4) Nothing in this section confers power to acquire or hold land.

(5) The power conferred by this section to provide equipment is subject to any regulations under section 40 of the 1998 Act.

(6) The power conferred by this section to provide buildings or equipment includes power to enter into a contract with another person for the provision or making available of buildings or equipment together with any services relating to such buildings or equipment.

Acquisition and disposal of land by Board

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(1) The Board may acquire, hold and dispose of land for police purposes.

(2) The power of the Board to acquire land includes power to acquire it compulsorily in accordance with subsections (3) and (4).

(3) Where the Board proposes to acquire any land compulsorily it may apply to the Department of Justice for an order (“a vesting order”) vesting that land in the Board and the Department of Justice may make such an order.

(4) Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order made under this section as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications—

(a) for any reference to the council there shall be substituted a reference to the Board;

(b) for any reference to the Ministry concerned there shall be substituted a reference to the Department of Justice;

(d) in paragraph 6(2) for the words from “the fund” to the end there shall be substituted the words “ funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments out of the compensation fund ”; and

(e) in paragraph 12(2) for “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the Policing Board ”.

Provision of advice and assistance to international organisations, etc

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(1) Subject to the provisions of this section, the Board may provide advice and assistance to—

(a) an international organisation or institution; or

(b) any other person or body engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the Board or the Chief Constable.

(2) The power conferred on the Board by subsection (1) includes a power to make arrangements under which a police officer is engaged for a period of temporary service with a body or person within paragraph (a) or (b) of that subsection.

(3) The power conferred by subsection (1) shall not be exercised except with the consent of the Department of Justice which may be given subject to such conditions as appear to the Department of Justice to be appropriate.

(4) Nothing in this section authorises the Board to provide any financial assistance by making a grant or loan or giving a guarantee or indemnity.

(5) The Board may make charges for advice or assistance provided by it under this section.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants to, and borrowing by, the Board

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(1) The Department of Justice shall for each financial year make to the Board —

(a) a grant for pension purposes;

(b) a grant for other police purposes.

(2) Grants under this section—

(a) shall be of such amount;

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

as the Department of Justice may determine.

(3) A time determined under subsection (2)(b) may fall within or after the financial year concerned.

(4) Subject to subsections (5), (6) and (8), the Board may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require for the purpose of defraying expenses pending the receipt of moneys receivable by the Board.

(5) The total amount owing of money borrowed under subsection (4) shall not at any time exceed such sum as the Department of Justice may specify to the Board in writing.

(6) Any sum borrowed under subsection (4) shall be repaid before the end of the financial year in which it is borrowed.

(7) Subject to subsection (8), the Board may, with the consent of the Department of Justice, borrow or raise money on such terms and subject to such conditions as the Department of Justice may approve upon the security of any property or assets of the Board for all or any of the following purposes—

(a) meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;

(b) redeeming any loan previously borrowed or raised under this section; or

(8) The Board may not borrow or raise money under this section for any purposes other than police purposes.

Funding for police purposes – ancillary provisions

10

(1) The Board shall prepare and submit to the Department of Justice, at such times and in such form as the Department of Justice may direct—

(a) estimates of the receipts and payments of the Board for pension purposes during such period as may be specified in the direction;

(b) estimates of the receipts and payments of the Board for other police purposes during such period as may be specified in the direction.

(1A) The Board shall submit to the Department of Justice such other information relating to the estimates submitted under subsection (1) as the Department of Justice may require.

(2) Drafts of the estimates of receipts and payments for pension purposes and other police purposes shall be submitted by the Chief Constable to the Board.

(3) The estimates submitted by the Board under subsection (1) shall be either—

(a) in the form of the drafts submitted under subsection (2); or

(b) in that form with such amendments as the Board may, after consultation with the Chief Constable, determine.

(4) The Board shall comply with such directions as the Department of Justice may give as to the application of moneys received by the Board otherwise than by way of grant under section 9(1) or paragraph 15 of Schedule 1; and to the extent that any statutory provision or any such direction does not require moneys so received to be applied in a particular manner or for a particular purpose, the Board shall apply those moneys for police purposes other than pension purposes.

(4A) The Board shall in each financial year put at the disposal of the Chief Constable for pension purposes—

(a) an amount equal to the amount of the grant for pension purposes received in that year by the Board under section 9(1)(a);

(b) any amount received by the Board in that year which is required to be applied for pension purposes by directions under subsection (4) or by any other statutory provision.

(5) The Board shall in each financial year put at the disposal of the Chief Constable for other police purposes—

(a) an amount equal to the amount of the grant for other police purposes received in that year by the Board under section 9(1)(b);

(b) any amount received by the Board in that year which is required to be applied for other police purposes by subsection (4) or directions under that subsection or by any other statutory provision.

Charges for special services

11

The Chief Constable may, at the request of any person, provide special police services subject to the payment to the Board of such charges, or charges on such scales, as may be determined by the Board.

Accounts and audit

12

(1) The Board shall in relation to each of the amounts specified in subsection (1A) —

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(1A) The amounts are—

(a) the amounts put at the Chief Constable’s disposal under section 10(4A);

(b) any amount received by the Board and paid into the Police Fund in accordance with regulations under section 28(1) of the Police (Northern Ireland) Act 1998;

(c) any amount received by the Board and paid into the Police Property Fund in accordance with regulations under section 31(4) of that Act;

(d) the other amounts put at the Chief Constable’s disposal under section 10(5) of this Act.

(2) The functions of the Board under subsection (1) shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.

(3) Each statement of accounts required under subsection (1) shall contain such information and shall be in such form as the Department of Justice may determine.

(4) The Chief Constable shall submit each statement of accounts to the Board within such period after the end of the financial year to which the accounts relate as the Department of Justice may determine.

(5) The Board shall send copies of each statement of accounts to the Department of Justice and the Comptroller and Auditor General for Northern Ireland within such further period as the Department of Justice may determine.

(6) The Comptroller and Auditor General for Northern Ireland shall—

(a) examine, certify and report on each statement of accounts received by him under this section; and

(b) lay copies of each statement of accounts and of his report on it before the Northern Ireland Assembly.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

Rewards for diligence

13

The Board may, on the recommendation of the Chief Constable, pay rewards for exceptional diligence or other specially meritorious conduct to—

(a) police officers;

(b) members of the police support staff; and

Part III — District and community policing arrangements

District policing partnerships

Establishment of district policing partnerships

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part—

“district commander” means a police officer designated under section 20(3); and

“local policing plan” has the meaning given in section 22(1).

Default of council

15

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General functions of district policing partnerships

16

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Annual report by district policing partnership to council

17

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Reports by district policing partnership to Board

18

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Code of practice for district policing partnerships

19

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Police districts

20

(1) Each district, other than Belfast, shall be a police district.

(2) In the district of Belfast there shall be such number of police districts (not exceeding 4), as may be determined by the Chief Constable; and each such police district shall consist of such area as may be so determined.

(3) For each police district the Chief Constable shall designate as district commander a police officer of the required rank.

(4) In any statutory provision—

(a) for any reference to a police sub-division there shall be substituted a reference to a police district established under this section;

(b) for any reference to a sub-divisional commander there shall be substituted a reference to a district commander designated under this section.

(5) “Required rank” means a rank not less than that of chief inspector.

District policing partnership sub-groups for Belfast

21

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The local policing plan

22

(1) Each district commander shall issue, and may from time to time revise, a plan (“the local policing plan”) setting out the proposed arrangements for the policing of the police district.

(2) The local policing plan may relate to matters to which the policing plan also relates, or to other matters, but in any event shall be so framed as to be consistent with the policing plan.

(3) Before issuing or revising a local policing plan, the district commander shall consult the policing and community safety partnership whose district is, or includes, the police district and take account of any views expressed.

(3A) Before issuing or revising a local policing plan for a police district established under section 20(2), the district commander shall also consult the district policing and community safety partnership and take account of any views expressed.

(4) The district commander shall arrange for the local policing plan issued or revised under this section to be published in such manner as appears to him to be appropriate.

Other community policing arrangements

23

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Part IV — Policing objectives, plans and codes of practice

The Secretary of State’s long term policing objectives

24

(1) The Department of Justice may determine, and from time to time revise, long term objectives for the policing of Northern Ireland.

(2) Before determining or revising any objectives under this section, the Department of Justice shall consult the Board with a view to obtaining its agreement to the proposed objectives or revision.

(2A) Before determining or revising any objectives under this section, the Department of Justice shall also consult—

(a) the Chief Constable;

(b) the Ombudsman;

(d) the Equality Commission for Northern Ireland; and

(e) such other persons as the Department of Justice considers appropriate.

(3) The Department of Justice shall lay before the Northern Ireland Assembly a statement of any objectives determined or revised under this section.

(4) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a statement as it applies in relation to the laying of a statutory document under an enactment.

The Board’s policing objectives

25

(1) The Board shall determine, and may from time to time revise, objectives for the policing of Northern Ireland.

(2) Objectives under this section may relate to matters to which objectives under section 24 also relate, or to other matters, ...

(3) Before determining or revising objectives under this section, the Board shall—

(aa) take account of any objectives under section 24;

(a) consult the Chief Constable and the policing committees of policing and community safety partnerships; and

(b) consider—

(i) any reports received by the Board under Part 3 of the Justice Act (Northern Ireland) 2011; and

(ii) any views of the public obtained under arrangements made under that Part.

The Board’s policing plan

26

(1) The Board shall, before the beginning of each financial year, issue a plan (“the policing plan”) setting out proposed arrangements for the policing of Northern Ireland.

(2) The policing plan shall—

(a) contain an assessment of the requirements for educating and training police officers and members of the police support staff and give particulars of the way in which those requirements are to be met; and

(b) include such other statements and give particulars of such other matters as may be prescribed by regulations made by the Department of Justice.

(3) Before making regulations under subsection (2)(b), the Department of Justice shall consult the Board and the Chief Constable.

(4) A draft of the policing plan shall be submitted by the Chief Constable to the Board for it to consider.

(5) The Board may adopt a policing plan either—

(a) in the form of the draft submitted under subsection (4); or

(b) with such amendments as the Board may, after consultation with the Chief Constable, determine.

(6) Before issuing a policing plan adopted under subsection (5), the Board shall consult the Department of Justice.

(7) The Board shall arrange for the policing plan issued under this section to be published in such manner as appears to the Board to be appropriate.

Codes of practice on exercise of functions

27

(1) The Department of Justice may issue, and from time to time revise, codes of practice relating to the discharge—

(a) by the Board of any of its functions;

(b) by the Chief Constable of any functions which he exercises—

(i) on behalf of and in the name of the Board;

(ii) in relation to funds put at his disposal under section 10(4A) or (5) ; or

(iii) under section 26 or Part V.

(2) Before issuing or revising a code of practice under this section, the Department of Justice shall consult the Board with a view to obtaining its agreement to the proposed code of practice or revision.

(2A) Before issuing or revising a code of practice under this section, the Department of Justice shall also consult—

(a) the Chief Constable;

(b) the Ombudsman;

(d) the Equality Commission for Northern Ireland; and

(e) such other persons as the Department of Justice considers appropriate.

(3) The Department of Justice shall publish any code of practice issued or revised under this section in such manner as the Department of Justice thinks appropriate.

Part V — Economy, efficiency and effectiveness

Arrangements relating to economy, efficiency and effectiveness

28

(1) The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2) The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.

(3) The Board shall, in making arrangements which relate to the functions of the Chief Constable, involve him in the making of those arrangements.

(4) The Board shall prepare and publish a plan (its “performance plan”) for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.

(5) The performance plan shall—

(a) identify factors (“performance indicators”) by reference to which performance in exercising functions can be measured;

(b) set standards (“performance standards”) to be met in the exercise of particular functions in relation to performance indicators; ...

(5A) The Board shall prepare and publish for each financial year a summary (its “performance summary”) of the Board’s assessment of—

(a) its and the Chief Constable’s performance in the year measured by reference to performance indicators;

(b) the extent to which any performance standard which applied at any time during that year was met.

(5B) The performance summary for a financial year may be published—

(a) with a report issued under section 57(1) for the year, or

(b) with the performance plan for the following year.

(6) Before publishing its performance plan or publishing its performance summary , the Board must consult the Department of Justice and the Chief Constable.

(7) In this Part—

“performance indicators” and “performance standards” have the meaning given in subsection (5); and

“performance plan” means a plan published by the Board under subsection (4) ; and

“performance summary” means a summary prepared by the Board under subsection (5A).

Audit of performance plans

29

(1) A performance plan and a performance summary shall be audited by the Comptroller and Auditor General for Northern Ireland.

(2) An audit of a performance plan or a performance summary is an examination for the purpose of establishing whether the plan or summary was prepared and published in accordance with the requirements of section 28.

(3) Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.

(4) In relation to a performance plan, the Comptroller and Auditor General for Northern Ireland shall issue a report—

(a) certifying that he has audited the plan;

(b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c) stating whether he believes that the performance indicators and performance standards are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;

(d) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(e) recommending whether the Department of Justice should give a direction under section 31(2)(a) or (b).

(4A) In relation to a performance summary, the Comptroller and Auditor General for Northern Ireland shall issue a report—

(a) certifying that he has audited the summary;

(b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(d) recommending whether the Department of Justice should give a direction under section 31(2)(a).

(5) The Comptroller and Auditor General for Northern Ireland shall send a copy of every report under this section to—

(a) the Board;

(b) the Chief Constable; and

(6) The Comptroller and Auditor General for Northern Ireland shall publish any report under this section on the audit of a performance plan or a performance summary.

(7) Subsections (8) to (11) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4) or paragraph (c) or (d) of subsection (4A).

(8) Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.

(9) The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).

(10) The Board shall, without delay, submit the statement it has prepared to the Department of Justice and the Comptroller and Auditor General for Northern Ireland.

(11) The statement shall—

(a) specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;

(b) contain a summary of the result of the consultation required by subsection (9).

Examinations

30

(1) The Comptroller and Auditor General for Northern Ireland may carry out an examination of the Board’s compliance with the requirements of section 28.

(2) If the Department of Justice directs the Comptroller and Auditor General for Northern Ireland to carry out an examination of the Board’s compliance with the requirements of section 28 in relation to specified functions, the Comptroller and Auditor General for Northern Ireland shall comply with the direction.

(3) Before giving a direction under subsection (2), the Department of Justice shall consult the Comptroller and Auditor General for Northern Ireland.

(4) Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.

(5) Where the Comptroller and Auditor General for Northern Ireland has carried out an examination under this section he shall issue a report.

(6) A report—

(a) shall mention any matter in respect of which the Comptroller and Auditor General for Northern Ireland believes as a result of the examination that the Board is failing to comply with the requirements of section 28;

(b) may, if it mentions a matter under paragraph (a), recommend that the Department of Justice give a direction under section 31(2)(a) or (b).

(7) The Comptroller and Auditor General for Northern Ireland shall send a copy of every report under this section to—

(a) the Board;

(b) the Chief Constable; and

(8) The Comptroller and Auditor General for Northern Ireland shall lay copies of every report under this section before the Northern Ireland Assembly.

(8A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

(9) In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted—

(4) The inspectors shall— (a) if the Secretary of State so directs, carry out an inspection of the Board’s compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000; (b) carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the Secretary of State may from time to time direct; (c) make such reports as the Secretary of State may from time to time direct.

(10) In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after “under section 41(2) or (3)” there shall be inserted “ and any report of an inspection under section 41(4)(a) ”.

Enforcement of duties under section 28

31

(1) Subsection (2) applies if the Department of Justice has received a report under section 29(4) or (4A) or 30(5) of this Act, or section 41(4) of the 1998 Act, and it is satisfied that—

(a) the Board is failing to comply with the requirements of section 28; or

(b) it is appropriate to change performance indicators or performance standards contained in a performance plan.

(2) Subject to subsection (3), the Department of Justice may direct the Board—

(a) to take any action which the Department of Justice considers necessary or expedient to secure compliance with the requirement of section 28; or

(b) to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as the Department of Justice considers appropriate.

(3) The Department of Justice shall have regard to any relevant statement before—

(a) giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of section 29(4)(c), (d) or (e);

(b) giving a direction under subsection (2)(a) following a recommendation contained in a report by virtue of section 29(4A)(c) or (d).

(4) A relevant statement is a statement submitted to the Department of Justice under section 29(10) before the end of the period mentioned in section 29(8).

Part VI — The police

General functions

General functions of the police

32

(1) It shall be the general duty of police officers—

(a) to protect life and property;

(b) to preserve order;

(d) where an offence has been committed, to take measures to bring the offender to justice.

(2) A police officer shall have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom waters.

(3) In subsection (2)—

(a) the reference to the powers and privileges of a constable is a reference to all the powers and privileges for the time being exercisable by a constable whether at common law or under any statutory provision,

(b) “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea,

and that subsection, so far as it relates to the powers under any statutory provision, makes them exercisable throughout the adjacent United Kingdom waters whether or not the statutory provision applies to those waters apart from that subsection.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions of Chief Constable

33

(1) The police shall be under the direction and control of the Chief Constable.

(2) The Chief Constable shall have regard to the policing plan in discharging his functions.

(3) The Chief Constable shall have regard to any code of practice under section 27 in discharging his functions.

(4) The duty under subsection (3) applies only so far as consistent with the duty under subsection (2).

Exercise of functions of Chief Constable in cases of absence, incapacity, etc

34

(1) There shall be a deputy Chief Constable who may exercise all the functions of the Chief Constable—

(a) during any absence, incapacity or suspension from duty of the Chief Constable; or

(b) during any vacancy in the office of Chief Constable.

(2) The deputy Chief Constable shall not have power to act by virtue of subsection (1) for a continuous period exceeding 3 months except with the consent of the Department of Justice.

(3) Subsection (1) is in addition to, and not in substitution for, any other statutory provision which makes provision for the exercise by any other person of functions of the Chief Constable.

Appointment and removal of senior officers

35

(1) The Board shall, subject to the approval of the Minister of Justice, appoint the Chief Constable.

(2) The Board shall, subject to the approval of the Minister of Justice and after consultation with the Chief Constable, appoint the other senior officers.

(3) The Board—

(a) may, with the approval of the Minister of Justice, call upon any senior officer to retire in the interests of efficiency or effectiveness; and

(b) shall, if required by the Minister of Justice, call upon the Chief Constable so to retire.

(4) Before granting his approval under subsection (3)(a) or making any requirement under subsection (3)(b), the Minister of Justice shall—

(a) give the officer concerned an opportunity to make, either personally or otherwise, representations to him; and

(b) where any such representations are made—

(i) appoint a person or persons to hold an inquiry and to report to him; and

(ii) consider any report so made.

(5) A copy of any report made under subsection (4) shall be made available to the officer concerned.

(6) The person appointed under subsection (4)(b) (or where two or more persons are so appointed, at least one of those persons) shall be a person who is not a police officer or a person employed in the civil service.

(7) The costs incurred in respect of an inquiry under this section shall be defrayed by the Department of Justice.

(8) A senior officer who is called upon to retire under this section shall retire—

(a) in the case of the Chief Constable, on such date as the Minister of Justice may specify; and

(b) in the case of any other senior officer, on such date as the Board may specify,

or (in either case) on such earlier date as may be agreed between the officer and the Board.

(9) This section has effect subject to any regulations made under section 25 of the 1998 Act.

Appointment and promotion of other police officers in the Police Service of Northern Ireland

36

(1) This section applies to the Police Service of Northern Ireland.

(2) Subject to subsection (3), appointments and promotions to any rank other than that of a senior officer shall be made, in accordance with regulations under section 25 of the 1998 Act, by the Chief Constable.

(3) A person shall not be appointed to the rank of constable unless he has—

(a) completed such period of service as a trainee (a “police trainee”) as may be prescribed by regulations under section 41(3); and

(b) complied with such other conditions relating to training as may be so prescribed.

(4) Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1).

Appointments to the Police Service of Northern Ireland Reserve

37

(1) This section applies to the Police Service of Northern Ireland Reserve.

(2) Subject to subsection (3), the Chief Constable shall, in accordance with regulations under section 26 of the 1998 Act, appoint its members.

(3) A person shall not be appointed as a reserve constable unless he has—

(a) completed such period of service as a trainee (a “police reserve trainee”) as may be prescribed by regulations under section 41(3); and

(b) complied with such other conditions relating to training as may be so prescribed.

Attestation of constables

38

(1) Every police officer shall, on appointment, be attested as a constable by making before a justice of the peace a declaration in the following form—

I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all individuals and their traditions and beliefs; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof according to law.

(2) The Chief Constable shall take such steps as he considers necessary—

(a) to bring the terms of the declaration to the attention of all police officers appointed before the coming into force of this section; and

(b) to ensure that they understand it and understand the need to carry out their duties in accordance with it.

(3) “Traditions and beliefs” does not include a tradition or belief so far as it is incompatible with the rule of law.

Trainees and cadets

Appointment of police trainees

39

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.

Appointment of police reserve trainees

40

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.

Status etc. of trainees

41

(1) The following provisions of the Police Acts (and no others) shall apply to a police trainee and a police reserve trainee as they apply to a police officer—

(a) in the 1998 Act—

(i) section 29 (liability of Chief Constable for wrongful acts);

(ii) section 32 (representation by Police Association);

(iii) section 35 (membership of trade unions);

(iv) section 67 (impersonation);

(v) section 68 (causing disaffection);

(b) in this Act—

(i) section 33(1) (direction and control by Chief Constable);

(ii) section 51 (notifiable memberships).

(2) Any statutory provision (including one amended by Schedule 5) which for any purpose treats a police officer as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police trainee and a police reserve trainee as it applies in relation to a police officer.

(3) The Department of Justice may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.

(3A) Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision—

(a) imposing requirements as to nationality, age, skills, competencies and physical and mental fitness;

(b) as to the grounds on which a person is ineligible for appointment.

(4) Regulations under subsection (3) may—

(a) provide for the application to police trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 25 of the 1998 Act;

(b) provide for the application to police reserve trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 26 of the 1998 Act.

(5) In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Department of Justice, the Board, the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6) The Department of Justice shall consult both the Board and the Police Association before making any regulations under subsection (3), other than regulations to which subsection (8) applies.

(7) Subsection (8) applies to regulations under subsection (3), concerning police trainees, on a matter that relates to—

(a) hours of duty,

(b) leave,

(d) the issue, use and return of equipment.

(8) Before making any such regulations the Department of Justice shall—

(a) (subject to subsection (9)) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter, and

(b) supply a draft of the regulations to, and consider any representations made by—

(i) the Board,

(ii) the Police Association, and

(iii) the Chief Constable of the Police Service of Northern Ireland.

(9) The duty in subsection (8)(a) does not apply if the Department of Justice considers that—

(a) there is not enough time to refer to the matter to the Police Remuneration Review Body because the need to make the regulations is so urgent, or

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

Police cadets

42

(1) The Board may, with the approval of the Chief Constable, appoint persons as police cadets to undergo training with a view to becoming police officers.

(2) Police cadets shall be appointed on such terms and conditions as the Department of Justice may determine.

(3) Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.

Recruitment arrangements

Contracting-out of certain recruitment functions of Chief Constable

43

(1) The Chief Constable may, in accordance with regulations made by the Department of Justice, appoint a person to exercise prescribed functions of the Chief Constable in connection with the recruitment of persons other than—

(a) senior officers; and

(b) members of the police support staff appointed under section 4(2).

(2) Before making any regulations under subsection (1), the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable;

(d) the Police Association.

(3) Regulations under subsection (1)—

(a) shall provide for the appointment of a person under that subsection to be made on such terms and conditions (including conditions as to payment) as may be determined in accordance with the regulations;

(b) may impose on any person appointed under that subsection such duties as appear to the Department of Justice to be necessary or expedient in connection with the exercise by that person of any prescribed functions of the Chief Constable.

(4) Anything done or omitted to be done by or in relation to a person appointed under subsection (1) (or an employee of his) in, or in connection with, the exercise or purported exercise of any prescribed functions of the Chief Constable shall be treated for all purposes as done or omitted to be done by or in relation to the Chief Constable.

(5) Subsection (4) does not apply—

(a) for the purposes of so much of any contract made between the Chief Constable and the person appointed under subsection (1) as relates to the exercise of any prescribed functions of the Chief Constable; or

(b) for the purpose of any criminal proceedings brought in respect of anything done or omitted to be done by the person appointed under subsection (1) (or an employee of his).

(6) In this section “prescribed” means prescribed by regulations under subsection (1).

(7) Nothing in this section affects any other power which the Chief Constable has to enter into arrangements concerning the discharge of functions of his which are not prescribed under subsection (1).

Recruitment arrangements: trainees and support staff

44

(1) The Department of Justice shall by regulations prescribe the arrangements to be made, by the Chief Constable or a person appointed under section 43(1), for the recruitment of persons for appointment—

(a) as police trainees;

(b) as police reserve trainees; and

(2) Before making any regulations under subsection (1) the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable;

(d) the Police Association.

(3) The regulations shall include provision for—

(a) the advertising of vacancies;

(b) the information to be provided by applicants;

(d) the vetting of applicants;

(e) the review, in prescribed circumstances, of decisions taken under the regulations;

(f) prescribed functions under the regulations to be exercised by persons who are, or include, persons who are not, and have not at any time been—

(i) police officers;

(ii) members of the police support staff; or

(iii) members of the Board.

(4) In making regulations under this section, the Department of Justice shall have regard, in particular, to the need to secure that information is not disclosed contrary to the public interest.

(5) In relation to the recruitment of persons for appointment as police trainees, the regulations shall include provision for the selection of ... applicants to form a pool of applicants for the purposes of section 46(1A) and (1E) .

(6) In relation to the recruitment of persons for appointment under section 4(3) to relevant posts in the police support staff, the regulations shall include provision for the selection of ... applicants to form a pool of applicants for the purposes of section 46(5A) and (5E) .

(7) For the purposes of subsection (6) and section 46(5) a post in the police support staff is a relevant post if at the time the vacancy for that post is advertised it appears to the Chief Constable that it is one of at least 6 vacancies for posts in the police support staff which are—

(a) at the same level; and

(b) to be filled at or about the same time.

(8) In this section “prescribed” means prescribed by regulations under subsection (1).

Recruitment arrangements: other ranks

45

(1) In exercising its functions in relation to the appointment of senior officers, the Board shall take such steps as it considers necessary to encourage applications for appointment from suitably qualified external candidates.

(2) In exercising his functions in relation to the appointment of police officers (other than senior officers), the Chief Constable shall take such steps as he considers necessary to encourage applications for appointment from suitably qualified external candidates.

(3) In complying with subsections (1) and (2), the Board and the Chief Constable shall have regard to the progress which has been made towards securing that membership of the police is representative of the community in Northern Ireland.

(4) “Suitably qualified external candidates” means candidates who—

(a) are not currently serving in the police; and

(b) satisfy the qualifications for appointment which—

(i) are prescribed in regulations made under section 25 or 26 of the 1998 Act; or

(ii) are otherwise determined for the rank in question.

Temporary provisions concerning composition of the police

Discrimination in appointments

46

(1) Subject to subsection (2), in making appointments under section 39 on any occasion, the Chief Constable shall proceed as set out in subsections (1A) to (1F).

(1A) He shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) an even number of persons of whom—

(a) one half shall be persons who are treated as Roman Catholic; and

(b) one half shall be persons who are not so treated.

(1B) Where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person—

(a) is physically and mentally fitted for appointment; and

(b) is not unsuitable for appointment;

the Chief Constable shall confirm the appointment.

(1C) Subsections (1D), (1E) and (1F) apply where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person—

(a) is not physically and mentally fitted for appointment; or

(b) is unsuitable for appointment.

(1D) The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect.

(1E) The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) a person to replace the unsuccessful applicant being a person who—

(a) is treated as Roman Catholic, where the unsuccessful applicant was so treated; or

(b) is not so treated, where the unsuccessful applicant was not so treated.

(1F) Subsections (1B) to (1E) apply in relation to a person provisionally appointed under subsection (1E) as they apply in relation to a person provisionally appointed under subsection (1A).

(1G) In subsections (1B) and (1C) references to a person being “physically and mentally fitted for appointment” and “unsuitable for appointment” have such meanings as may be prescribed by regulations under section 41(3).

(2) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of the preceding subsections in their application to the making of appointments under section 39 on any occasion specified in the order.

(3) The Secretary of State shall not make an order under subsection (2) in relation to the making of appointments under section 39 on any occasion unless he is satisfied that—

(a) were those appointments to be made in compliance with subsections (1) to (1F) the number of police trainees which the Chief Constable requires to be appointed on that occasion could not be appointed; or

(b) one or more orders under subsection (2) have been made in the previous three years and he considers that it is appropriate to make the order for the purpose of redressing, or partially redressing, the imbalance occurring during that period.

(4) No order may be made under subsection (2) as a result of subsection (3)(b) which has the effect, as respects an occasion specified in the order, of requiring more than three-quarters of the persons appointed on that occasion to be—

(a) the persons who are treated as Roman Catholic; or

(b) the persons who are not so treated.

(5) Subject to subsection (6), in making appointments to relevant posts in the police support staff under subsection (3) of section 4 on any occasion, the Chief Constable (acting by virtue of subsection (5) of that section) shall proceed as set out in subsections (5A) to (5F).

(5A) He shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) an even number of persons of whom—

(a) one half shall be persons who are treated as Roman Catholic; and

(b) one half shall be persons who are not so treated.

(5B) Where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person—

(a) is physically and mentally fitted for appointment; and

(b) is not unsuitable for appointment;

the Chief Constable shall confirm the appointment.

(5C) Subsections (5D), (5E) and (5F) apply where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person—

(a) is not physically and mentally fitted for appointment; or

(b) is unsuitable for appointment.

(5D) The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect.

(5E) The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) a person to replace the unsuccessful applicant being a person who—

(a) is treated as Roman Catholic, where the unsuccessful applicant was so treated; or

(b) is not so treated, where the unsuccessful applicant was not so treated.

(5F) Subsections (5B) to (5E) apply in relation to a person provisionally appointed under subsection (5E) as they apply in relation to a person provisionally appointed under subsection (5A).

(6) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of subsections (5) to (5F) in their application to the making of appointments under section 4(3) on any occasion specified in the order.

(7) The Secretary of State shall not make an order under subsection (6) in relation to the making of appointments under section 4 on any occasion unless he is satisfied that were those appointments to be made in compliance with subsections (5) to (5F) the number of police support staff which the Chief Constable requires to be appointed on that occasion could not be appointed.

(8) In this section “treated as Roman Catholic” means treated by the Chief Constable in accordance with the Monitoring Regulations as belonging to the Roman Catholic community in Northern Ireland.

(9) In subsection (8) “the Monitoring Regulations” means the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 or any regulations replacing those regulations and for the time being in operation.

(10) In Part VIII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (exceptions) after Article 71 there shall be inserted—

(71A) (1) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 46(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees). (2) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 46(5) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff). (3) The application of any requirement or condition to any person applying for appointment as a police reserve trainee with a view to service in the Police Service of Northern Ireland Reserve on a part-time basis where the requirement or condition is one that the person applying is resident in a particular area is not by virtue of Article 3(2) unlawful under any provision of Part III or V.

(11) In Part VI of the Race Relations (Northern Ireland) Order 1997 (exceptions) after Article 40 there shall be inserted—

(40A) (1) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 46(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees). (2) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 46(5) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff).

Expiry, renewal and repeal of temporary provisions

47

(1) In this section “the temporary provisions” means—

(a) Article 40A of the Race Relations (Northern Ireland) Order 1997;

(b) Article 71A of the Fair Employment and Treatment (Northern Ireland) Order 1998;

(d) section 45; and

(e) section 46.

(2) The temporary provisions shall, subject to subsection (3), expire on the third anniversary of the commencement date.

(3) The Secretary of State may by order provide that all or any of the temporary provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding three years from the coming into operation of the order.

(4) In deciding whether and, if so, how to exercise his powers under subsection (3), the Secretary of State shall—

(a) have regard to the progress that has been made towards securing that membership of the police and the police support staff is representative of the community in Northern Ireland; and

(b) consult the Board and take into account any recommendations made to him by the Board.

(5) In this section “the commencement date” means the day appointed under section 79 for the coming into force of this section.

Action plans

48

(1) The Board shall make, and from time to time revise, a plan (its “action plan”) for monitoring the number of women in—

(a) the police,

(b) the police support staff, and

and, if they are under-represented, for increasing that number.

(2) The Chief Constable shall, if requested to do so by the Board, prepare and submit to the Board a draft plan for monitoring the number of women in the police and, if they are under-represented, for increasing that number.

(3) The Board may adopt the draft submitted to it under subsection (2) as part of its action plan, either—

(a) as submitted; or

(b) with such amendments as the Board may determine, after consultation with the Chief Constable.

(4) Before making or revising its action plan, the Board shall consult—

(a) the Equality Commission for Northern Ireland;

(b) the Chief Constable; and

(5) The Board may publish its action plan in such manner as it thinks appropriate.

Severance arrangements

49

(1) Regulations under section 25(2)(k) of the 1998 Act (pensions and gratuities in respect of service) may make special provision in respect of persons (“eligible persons”) who—

(a) cease to be police officers serving in the Police Service of Northern Ireland at any time within a period prescribed by the regulations; and

(b) comply with such conditions as may be so prescribed.

(2) The period prescribed under subsection (1)(a) may be a period commencing before the coming into force of this section.

(3) The special provision which may be made by such regulations includes provision modifying the Royal Ulster Constabulary Pensions Regulations 1988 in their application to eligible persons so as to—

(a) increase the amount of any pension or gratuity which would otherwise be payable to such persons under those Regulations;

(b) remove or relax any condition which would otherwise apply as to the entitlement of such persons to any pension or gratuity under those Regulations;

(c) alter the time at or from which any pension or gratuity would otherwise be payable to such persons under those Regulations;

(d) provide for the making of payments to such persons which would otherwise not be made under those Regulations.

(4) Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association before making regulations) shall not apply in relation to regulations made by virtue of this section.

(5) In section 26(2)(g) of the 1998 Act (application to reserve constables of provision with respect to pensions made under section 25 of that Act)—

(a) after “pensions” insert “ or gratuities ”;

(b) the reference to provision made under section 25 of the 1998 Act includes reference to provision made by virtue of this section.

General

Service by members of the Police Service of Northern Ireland Reserve with other police services

50

In section 27 of the 1998 Act (engagement on other police service) at the end there shall be added—

(9) The preceding provisions of this section apply to a police officer serving in the Police Service of Northern Ireland Reserve as they apply to a police officer serving in the Police Service of Northern Ireland, but with the substitution— (a) for references to the Police Service of Northern Ireland of references to the Police Service of Northern Ireland Reserve; (b) for the references in subsection (3) to section 25 of references to section 26; and (c) for the reference in subsection (5) to section 25(3) of a reference to section 26(3).

Notifiable memberships

51

(1) For the purposes of this section, a police officer has a notifiable membership if membership of the organisation in question might reasonably be regarded as affecting the officer’s ability to discharge his duties effectively and impartially.

(2) The Chief Constable may give guidance to police officers in connection with notifiable memberships.

(3) Before issuing any guidance under subsection (2), the Chief Constable shall consult—

(a) the Board;

(b) the Department of Justice; and

(4) The Chief Constable shall publish any guidance issued under subsection (2).

(5) The Chief Constable shall require each police officer to inform him—

(a) of any notifiable membership which that police officer believes he has; or

(b) if he believes he has no notifiable memberships, of that belief.

(6) In imposing a requirement on a police officer under subsection (5) the Chief Constable shall—

(a) draw the attention of that officer to the provisions of this section; and

(b) give a general explanation of the purposes for which the information required may lawfully be used.

(7) The Chief Constable—

(a) shall, subject to paragraphs (b) and (c), retain information received under this section for so long as the person to whom it relates remains a police officer;

(b) shall amend that information where the police officer to whom it relates informs the Chief Constable that there has been a change in his notifiable memberships; and

(c) shall destroy the information within one year from the date on which the person to whom it relates ceases to be a police officer.

(8) No information received by the Chief Constable under this section is to be disclosed unless the person making the disclosure is a person to whom this subsection applies and the disclosure is made—

(a) to the Ombudsman or an officer of the Ombudsman or to any other person in connection with the exercise of any function of the Ombudsman;

(b) as permitted by section 63 of the 1998 Act;

(d) for the purposes of any criminal, civil or disciplinary proceedings;

(e) in the form of a summary or other general statement which does not identify any person to whom the information relates;

(f) to, or with the consent of, the person to whom the information relates; or

(g) to another person to whom this subsection applies.

(9) Subsection (8) applies to—

(a) the Chief Constable;

(b) a police officer engaged in carrying out on behalf of the Chief Constable his functions under this section;

(d) a member of the police support staff engaged in carrying out on behalf of the Chief Constable his functions under this section.

(10) Any person who discloses information in contravention of subsection (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) It is a defence for a person charged with an offence under subsection (10) to show that, before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom subsection (8) applies.

(12) But subsection (11) does not provide a defence if it is shown that the person concerned used his position as a person to whom subsection (8) applies in order to obtain the information.

(13) The annual report of the Chief Constable under section 58 shall contain statistical information on the notifiable memberships of police officers of which he has been informed under this section.

(14) For the purposes of this section a person is a member of an organisation if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution.

Code of ethics

52

(1) The Board shall issue, and may from time to time revise, a code of ethics for the purpose of—

(a) laying down standards of conduct and practice for police officers;

(b) making police officers aware of the rights and obligations arising out of the Convention rights (within the meaning of the Human Rights Act 1998).

(2) In preparing the code, the Chief Constable and the Board shall have regard to the terms of the declaration set out in section 38(1).

(2A) In revising the code the Chief Constable and the Board shall also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.

(3) A draft of the code shall be submitted by the Chief Constable to the Board for it to consider.

(4) The Board may adopt the draft code—

(a) as submitted by the Chief Constable; or

(b) with such amendments as the Board may determine, after consultation with the Chief Constable.

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