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

(5) Before issuing or revising the code the Board shall consult—

(a) the Police Association;

(b) the Department of Justice;

(d) the Northern Ireland Human Rights Commission;

(e) the Equality Commission for Northern Ireland; and

(f) any other person or body appearing to the Board to have an interest in the matter.

(6) After consulting under subsection (5), the Board may make such further amendments to the draft code as it may determine, after consultation with the Chief Constable.

(7) The Board shall publish any code of ethics issued or revised under this section in such manner as it thinks appropriate.

(8) The Chief Constable shall take such steps as he considers necessary to ensure—

(a) that all police officers have read and understood the code as currently in force; and

(b) that a record is made and kept of the steps taken in relation to each officer.

(9) In order to enable it to carry out its function under section 3(3)(d)(iv), the Board shall keep under review the steps taken by the Chief Constable under subsection (8).

(10) The Department of Justice shall, so far as practicable, ensure that the provisions of the code currently in force under this section are reflected in the regulations relating to conduct or discipline made under section 25 or 26 of the 1998 Act.

(10A) The Director General of the National Crime Agency shall take such steps as the Director General considers necessary to ensure—

(a) that all National Crime Agency officers exercising functions in Northern Ireland have read and understood the code as currently in force; and

(b) that a record is made and kept of the steps taken in relation to each officer.

(10B) The Director General of the National Crime Agency shall, so far as practicable, ensure that the provisions of the code currently in force under this section are reflected in the disciplinary procedures applicable to National Crime Agency officers in relation to their exercise of functions in Northern Ireland.

Guidance as to use of equipment for maintaining or restoring public order

53

(1) The Department of Justice may issue, and from time to time revise, guidance on the use by police officers of equipment designed for use in maintaining or restoring public order.

(2) Before issuing or revising any guidance under this section, the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable;

(d) the Police Association.

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

Regulations as to emblems and flags

54

(1) The Department of Justice may make regulations—

(a) prescribing the design of an emblem for the police; and

(b) regulating the use of that or any other emblem—

(i) on equipment or property used for the purposes of the police; or

(ii) otherwise in connection with the police.

(2) The Department of Justice may make regulations—

(a) prescribing the design of a flag for the police; and

(b) regulating the flying or carrying of that or any other flag—

(i) on land or buildings used for the purposes of the police; or

(ii) otherwise in connection with the police.

(3) Before making any regulations under this section 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.

Identification of police officers

55

(1) The Chief Constable shall make arrangements for each police officer to be assigned a serial number.

(2) The Chief Constable shall ensure that, as far as practicable, the number assigned under this section to a police officer is so displayed on his uniform as to be clearly visible at all times when he is on duty and in uniform.

Co-operation with Garda Siochana

56

The Board and the Chief Constable shall implement any arrangements made in pursuance of an agreement between the Government of the United Kingdom and the Government of Ireland dealing with co-operation on policing matters between the police and the Gárda Sióchána.

Part VII — Reports and inquiries

Annual and other reports by the Board

57

(1) The Board shall, not later than 6 months after the end of each financial year, issue a report relating to the policing of Northern Ireland for the year.

(2) A report issued under subsection (1) for any year shall include an assessment of—

(a) 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;

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

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

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

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

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

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

(h) the level of public satisfaction with the performance of the police;

(i) the level of public satisfaction with the performance of policing and community safety partnerships and district policing and community safety partnerships;

(j) the effectiveness of policing and community safety partnerships and district policing and community safety partnerships in performing their functions and in particular the effectiveness of arrangements made under Part 3 of the Justice Act (Northern Ireland) 2011 in obtaining—

(i) the views of the public about matters concerning policing; and

(ii) the co-operation of the public with the police in preventing crime.

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

(l) the level of public satisfaction with the performance of the National Crime Agency in exercising functions in Northern Ireland;

(m) the effectiveness of arrangements made under section 3(3A)(c) for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime.

(2A) Nothing in subsection (2)(k), (l) or (m) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.

(3) The Board shall—

(a) arrange for every report issued under subsection (1) to be published in such manner as appears to it to be appropriate; and

(b) send a copy of the report to the Department of Justice.

(4) The Board shall, whenever required by the Department of Justice, submit to the Department of Justice a report on such matters connected with the discharge of the Board’s functions, or otherwise with the policing of Northern Ireland, as may be specified in the requirement.

(5) A report under subsection (4) shall be made—

(a) in such form as may be specified in the requirement under that subsection; and

(b) within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Board and the Department of Justice.

(6) The Department of Justice may arrange, or require the Board to arrange, for a report under subsection (4) to be published in such manner as appears to the Department of Justice to be appropriate.

Annual report by Chief Constable to Board

58

(1) The Chief Constable shall, not later than 3 months after the end of each financial year, submit to the Board a general report on the policing of Northern Ireland during that year.

(2) The Chief Constable shall arrange for a report submitted under this section to be published in such manner as appears to him to be appropriate.

(3) The Chief Constable shall, at the same time as he submits a report to the Board under this section, submit the same report to the Department of Justice.

(4) The Department of Justice shall lay before the Northern Ireland Assembly every report submitted to the Department of Justice under subsection (3).

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

General duty of Chief Constable to report to Board

59

(1) The Chief Constable shall, whenever so required by the Board, submit to the Board a report on any such matter connected with the policing of Northern Ireland as may be specified in the requirement.

(2) A report under this section shall be made—

(a) in such form as may be specified in the requirement under subsection (1); and

(b) within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Chief Constable and the Board.

(3) The Chief Constable may refer to the Secretary of State a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(3A) The Chief Constable may refer to the Minister of Justice a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

(4) Where a requirement to submit a report is referred to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A), the Secretary of State or (as the case may be) the Minister of Justice may—

(a) within the period of 30 days from the date of the referral, or

(b) within such longer period as may be agreed between the Board and (as the case may be) the Secretary of State or the Minister of Justice,

modify or set aside the requirement, as necessary, for either or both of the purposes mentioned in subsection (4A).

(4A) The purposes are—

(a) exempting the Chief Constable from the obligation to report to the Board, as the case may be— ;

(i) information which, in the opinion of the Secretary of State, ought not to be disclosed on the ground mentioned in section 76A(1)(a); or

(ii) information which, in the opinion of the Minister of Justice, ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c);

(b) imposing on the Chief Constable an obligation to supply any such information to a special purposes committee.

(4B) Subsection (4D) applies if—

(a) a requirement to submit a report has been made under subsection (1);

(b) the Chief Constable has not referred the requirement to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A);

(c) the Chief Constable is of the opinion that a report in compliance with the requirement would include information of a kind mentioned in paragraph (a) or (b) of subsection (4C).

(4C) The information is—

(a) information the disclosure of which would be likely to put an individual in danger, or

(b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).

(4D) The Chief Constable may, instead of including the information in the report to the Board, supply it to a special purposes committee.

(4E) If the Chief Constable supplies information to a committee under subsection (4D) he shall prepare a summary of the information.

(4F) The Chief Constable shall try to obtain the agreement of the committee to the terms of the summary.

(4G) If the committee agrees to the terms of the summary, the Chief Constable shall include the summary in the report to the Board.

(4H) Subsection (4I) applies if—

(a) the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a), or

(b) the Chief Constable includes information in a report to the Board and is of the opinion that the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(4I) The Chief Constable must—

(a) inform the Secretary of State that the information has been included in a report to the Board or supplied to the committee; and

(b) inform the Secretary of State and the recipient of the information that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(4J) Subsection (4K) applies if—

(a) the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is—

(i) information the disclosure of which would be likely to put an individual in danger, or

(ii) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c), or

(b) the Chief Constable includes information in a report to the Board and is of the opinion that the information is—

(i) information the disclosure of which would be likely to put an individual in danger, or

(ii) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

(4K) The Chief Constable must—

(a) inform the Minister of Justice that the information has been included in a report to the Board or supplied to the committee; and

(b) inform the Minister of Justice and the recipient of the information that, in his opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (a) or (b) of subsection (4J).

(5) Subject to section 74A(7) the Board may arrange, or require the Chief Constable to arrange, for a report under this section to be published in such manner as appears to the Board to be appropriate.

(6) The Director General of the National Crime Agency shall, whenever so required by the Board, submit to the Board a report on any such relevant NCA matter as may be specified in the requirement.

(7) But the Board may not require the Director General to submit such a report before consulting the Secretary of State .

(8) In this section “relevant NCA matter” means a matter which relates to—

(a) how the Director General intends that functions of the National Crime Agency are to be exercised in Northern Ireland; or

(b) whether the exercise of the functions of the National Crime Agency in Northern Ireland is, or was, in accord with their intended exercise.

(9) Subsections (2) to (5) of this section apply to a report under subsection (6) as they apply to a report under subsection (1).

(10) In the application of subsections (2) to (5) to a report under subsection (6), each reference to the Chief Constable is to be read as a reference to the Director General of the National Crime Agency.

Inquiry by Board following report by Chief Constable

60

(1) Where the Board—

(a) has considered a report on any matter submitted by the Chief Constable under section 59, and

(b) considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances,

the Board may, after consultation with the Chief Constable, cause such an inquiry to be held.

(2) The Board shall immediately—

(a) inform the Chief Constable, the Ombudsman and the Minister of Justice of any decision to cause an inquiry to be held under this section and of any matter into which inquiry is to be made; and

(b) send a copy of the relevant report under section 59 to the Minister of Justice.

(2A) Where it appears to the Board that an inquiry under this section may relate wholly or in part to—

(a) a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or

(b) an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998),

the Board shall immediately inform the Secretary of State of the decision to cause the inquiry to be held and of any matter into which inquiry is to be made, and shall send a copy of the relevant report under section 59 to the Secretary of State.

(3) The Chief Constable may refer to the Secretary of State the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on the ground mentioned in section 76A(2)(a).

(4) The Secretary of State may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Secretary of State, overrule the decision of the Board.

(5) The Secretary of State may overrule the Board only if, in his opinion, the inquiry ought not to be held on the ground mentioned in section 76A(2)(a).

(5A) The Chief Constable may refer to the Minister of Justice the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c).

(5B) The Minister of Justice may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Minister of Justice, overrule the decision of the Board.

(5C) The Minister of Justice may overrule the Board only if, in the opinion of the Minister of Justice, the inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c).

(6) The Board may request a person mentioned in subsection (8) to conduct an inquiry under this section.

(7) The person mentioned in subsection (8) may comply with the request under subsection (6) and shall do so if so directed by the Minister of Justice.

(8) The persons are—

(a) the Comptroller and Auditor General for Northern Ireland;

(b) the Ombudsman;

(9) The Board may, with the agreement of the Minister of Justice, appoint any other person to conduct an inquiry under this section.

(10) An inquiry under this section shall be held in public except where the person conducting it decides that it is necessary in the public interest not to do so.

(10A) Subsection (10B) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(10B) The Chief Constable must—

(a) inform the Secretary of State and the Board that the information has been supplied to the person conducting the inquiry; and

(b) inform the Secretary of State, the Board and the person conducting the inquiry that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(10C) Subsection (10D) applies if the Chief Constable supplies to a person conducting an inquiry under this section any information which, in the opinion of the Chief Constable, is—

(a) information the disclosure of which would be likely to put an individual in danger, or

(b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

(10D) The Chief Constable must—

(a) inform the Minister of Justice and the Board that the information has been supplied to the person conducting the inquiry; and

(b) inform the Minister of Justice, the Board and the person conducting the inquiry that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (10C).

(11) An inquiry under this section may not deal with a pre-commencement matter.

(12) But subsection (11) does not prevent a person conducting an inquiry under this section from considering information relating to a pre-commencement matter if, and only to the extent that, consideration of that information is necessary for him to be able to discharge his functions in relation to the subject matter of the inquiry.

(13) “Pre-commencement matter” means any act or omission which occurred, or is alleged to have occurred, before the coming into force of this section.

(14) “Paragraphs 3 to 6 of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (provisions applicable to inquiries etc. under Northern Ireland legislation) shall apply to an inquiry under this section with the substitution for references to the Department of references to the person conducting the inquiry.”

(15) The Board shall pay—

(a) any expenses incurred by the person conducting an inquiry under this section; and

(b) any expenses incurred by any parties appearing at such an inquiry.

(16) The Board shall send a copy of the report of any inquiry under this section to—

(a) the Chief Constable;

(b) the Ombudsman;

(d) the Secretary of State, but only if the decision to cause the inquiry to be held was notified to the Secretary of State under subsection (2A) or if subsection (10A) applied in relation to the inquiry.

(17) Where the report of the person conducting an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Board so far as appears to it consistent with the public interest.

(18) Where the Board—

(a) has considered a report on any relevant NCA matter submitted by the Director General of the National Crime Agency under section 59, and

(b) considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances,

the Board may, after consultation with the Director General and with the Secretary of State, cause such an inquiry to be held.

(19) Subsections (2) to (17) of this section apply to an inquiry which the Board causes to be held under subsection (18) as they apply to an inquiry caused to be held under subsection (1).

(20) In the application of subsections (2) to (17) to an inquiry which the Board causes to be held under subsection (18)—

(a) each reference to the Chief Constable (except the reference in subsection (16)(a)) is to be read as a reference to the Director General of the National Crime Agency;

(b) subsection (16) is to be read as including a requirement to send a copy of the report of any inquiry to the Director General (as well as to the persons in subsection (16)(a) to (d)).

Reports by Chief Constable to Secretary of State

61

(1) The Chief Constable shall, whenever so required by the appropriate authority, submit to the appropriate authority a report on such matters connected with the policing of Northern Ireland as may be specified in the requirement.

(1A) In this section “the appropriate authority” means, in relation to any matter—

(a) the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision;

(b) otherwise, the Minister of Justice;

and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

(2) A report under subsection (1) shall be made—

(a) in such form as may be specified in the requirement under that subsection; and

(b) within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the appropriate authority.

(3) The appropriate authority may arrange, or require the Chief Constable to arrange, for a report under subsection (1) to be published in such manner as appears to the appropriate authority to be appropriate.

(4) If it appears to the Chief Constable that a report that the Chief Constable is required to submit under subsection (1) to the Minister of Justice may contain information which, in the opinion of the Chief Constable, ought not to be disclosed on the ground mentioned in section 76A(1)(a), the Chief Constable may refer the report to the Secretary of State.

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

(a) the Chief Constable is required to submit a report under subsection (1) to the Minister of Justice, and

(b) the report may contain (or once completed may contain) information which ought not to be disclosed on the ground mentioned in section 76A(1)(a),

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

(6) The Secretary of State must, within—

(a) the period of 30 days from the date on which a report is referred to the Secretary of State under subsection (4) or (5), or

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

notify the Chief Constable whether, in the opinion of the Secretary of State, the report contains any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(7) Where the Chief Constable has referred a report to the Secretary of State under subsection (4) or the Secretary of State has required that a report be referred to the Secretary of State under subsection (5), the Chief Constable must not disclose the report to anyone apart from the Secretary of State, except—

(a) in accordance with subsection (8), or

(b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(8) Where the Secretary of State notifies the Chief Constable under subsection (6) that, in the opinion of the Secretary of State, a report contains information which ought not to be disclosed on the ground mentioned in section 76A(1)(a)—

(a) the Secretary of State may direct the Chief Constable to exclude from the report any information which, in the opinion of the Secretary of State, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a);

(b) the Chief Constable must exclude that information from the report;

(c) the Secretary of State must inform the Minister 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).

(9) When the Chief Constable submits a report to the Minister of Justice from which information has been excluded under subsection (8), the Chief Constable must at the same time provide the report to the Secretary of State.

(10) In determining for the purposes of subsection (2)(b) when the period of one month, or the agreed longer period, expires in a case where a report has been referred to the Secretary of State under subsection (4) or (5), the period beginning with the day on which the report is referred to the Secretary of State and ending with the day on which the Secretary of State’s notification is given under subsection (6) is to be disregarded.

(11) Subsection (12) applies if—

(a) a requirement to submit a report has been made under subsection (1) by the Minister of Justice;

(b) the Chief Constable has not referred the report to the Secretary of State under subsection (4) and has not been required to refer the report to the Secretary of State under subsection (5); and

(c) the Chief Constable includes in the report submitted to the Minister of Justice information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(12) The Chief Constable must—

(a) inform the Secretary of State that the information has been included in the report to the Minister of Justice;

(b) inform the Secretary of State and the Minister of Justice that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

Part VIII — The police ombudsman

Mediation

62

(1) After section 58 of the 1998 Act there shall be inserted—

(58A) (1) If the Ombudsman— (a) determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and (b) considers that the complaint is not a serious one, he may determine that the complaint is suitable for resolution through mediation. (2) If he does so, he must inform the complainant and the member of the police force concerned. (3) If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator. (4) Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings. (5) But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation. (6) If a complaint is resolved through mediation under this section, no further proceedings under this Act shall be taken against the member of the police force concerned in respect of the subject matter of the complaint.

(2) For subsection (1) of section 59 of the 1998 Act (disciplinary proceedings) there shall be substituted—

(1) Subsection (1B) applies if— (a) the Director decides not to initiate criminal proceedings in relation to the subject matter of a report under section 56(6) or 57(8) sent to him under section 58(2); or (b) criminal proceedings initiated by the Director in relation to the subject matter of such a report have been concluded. (1A) Subsection (1B) also applies if the Ombudsman determines that a report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force and— (a) he determines that the complaint is not suitable for resolution through mediation under section 58A; or (b) he determines that the complaint is suitable for resolution through mediation under that section but— (i) the complainant or the member of the police force concerned does not agree to attempt to resolve it in that way; or (ii) attempts to resolve the complaint in that way have been unsuccessful. (1B) The Ombudsman shall consider the question of disciplinary proceedings.

(3) After subsection (2) of that section, there shall be inserted—

(2A) In a case mentioned in subsection (1A)(b), the Ombudsman shall, in considering the recommendation to be made in his memorandum, take into account the conduct of the member of the police force concerned in relation to the proposed resolution of the complaint through mediation.

(4) In section 64(2) of the 1998 Act (regulations)—

(a) in paragraph (b), after “resolution” insert “ or mediation ”;

(b) in paragraph (c), after “informally” insert “ or through mediation ”; and

Reports by Ombudsman to Chief Constable and Board

63

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

(2) In section 63 of the 1998 Act (restriction on disclosure of information), after subsection (2) there shall be inserted—

(2A) Subsection (1) does not prevent the Ombudsman, to such extent as he thinks it necessary to do so in the public interest, from disclosing in a report under section 61A— (a) the identity of an individual, or (b) information from which the identity of an individual may be established.

Supply of information by Ombudsman to Board

64

After section 61A of the 1998 Act there shall be inserted—

(61AA) (1) The Ombudsman shall compile, and supply the Board with, such statistical information as is required to enable the Board to carry out its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000. (2) The Ombudsman shall consult the Board as to— (a) the information to be supplied under subsection (1); and (b) the form in which such information is to be supplied. (3) The Ombudsman shall supply the Board with any other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.

Limits on complaints and references to Ombudsman

65

In section 64 of the 1998 Act (regulations) after subsection (2) there shall be inserted—

(2A) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed— (a) this Part shall not apply to a complaint about the conduct of a police officer which took place more than the prescribed period before the date on which the complaint is made or referred to the Ombudsman under section 52(1); (b) the Ombudsman shall not investigate any matter referred to him under section 55(1), (2) or (4) if the actions, behaviour or conduct to which the matter relates took place more than the prescribed period before the date on which the reference is made; (c) the Ombudsman shall not at any time commence a formal investigation under section 55(6) of any matter if the actions or behaviour to which the matter relates took place more than the prescribed period before that time; (d) to the extent that the subject matter of a complaint falls within the jurisdiction of — (i) the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000, or (ii) a person appointed under Part IV of that Act, the Ombudsman shall not investigate it.

Access by Ombudsman to information and documents

66

(1) The Chief Constable and the Board shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of his functions.

(2) Subsection (3) applies if—

(a) the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and

(b) the person supplying the information is of the opinion that it is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(3) The person supplying the information must—

(a) inform the Secretary of State that the information has been supplied to the Ombudsman; and

(b) inform the Secretary of State and the Ombudsman that, in his or its opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(4) Subsection (5) applies if—

(a) the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and

(b) the person supplying the information is of the opinion that it is—

(i) information the disclosure of which would be likely to put an individual in danger, or

(ii) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

(5) The person supplying the information must—

(a) inform the Minister of Justice that the information has been supplied to the Ombudsman; and

(b) inform the Minister of Justice and the Ombudsman that, in his or its opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (4).

Part IX — Miscellaneous and supplementary

Miscellaneous

The Commissioner

67

(1) The Secretary of State may appoint a Commissioner to discharge the general function mentioned in subsection (3).

(2) A person for the time being holding the office of Commissioner under subsection (1) is referred to in this Act as “the Commissioner”.

(3) The Commissioner’s general function is to oversee the implementation of changes in the policing of Northern Ireland (including, in particular, those resulting from this Act) described in his terms of reference.

(4) Schedule 4, which makes further provision about the Commissioner, shall have effect.

(5) The office of Commissioner shall cease to exist on 31st May 2003, unless before that date an order is made under subsection (6).

(6) The Secretary of State may by order provide that the office of Commissioner (whether or not it then exists as a result of a previous order under this subsection) shall continue to exist for a period not exceeding three years from the date on which the order comes into operation.

Reports by the Commissioner

68

(1) The Commissioner shall make periodic reports to the Secretary of State on the implementation of the changes described in his terms of reference.

(2) There shall be at least three periodic reports in each year.

(3) The Commissioner may at any time make a report to the Secretary of State on matters arising in the course of his performance of his general function.

(4) The Secretary of State—

(a) shall lay each report made to him under this section before each House of Parliament; and

(b) arrange for the report to be published in such manner as appears to him to be appropriate.

General duty of Secretary of State

69

(1) A Minister with functions under the Police Acts shall exercise those functions in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of—

(a) the police;

(b) the police support staff; and

(2) In carrying out those functions, the Minister shall have regard to the principle that the policing of Northern Ireland is to be conducted in an impartial manner.

(3) In this section “Minister” means—

(a) the Secretary of State,

(b) the Minister of Justice,

(d) the First Minister and deputy First Minister, or

(e) the Office of the First Minister and deputy First Minister.

The Royal Ulster Constabulary GC Foundation

70

(1) The Department of Justice may by regulations establish a foundation to be known as “The Royal Ulster Constabulary GC Foundation” for the purpose of marking the sacrifices and honouring the achievements of the Royal Ulster Constabulary.

(2) Regulations under this section—

(a) shall provide for the status and constitution of the foundation;

(b) shall provide for the foundation to have power to support the professional development of police officers and innovations in policing;

(c) shall enable the foundation to undertake joint initiatives with the Royal Ulster Constabulary Widows Association, the Royal Ulster Constabulary Disabled Police Officers Association or any other organisation or person within the Royal Ulster Constabulary family, as may be appropriate in matters of common interest;

(d) may provide for the foundation to have such other functions as are prescribed by the regulations;

(e) may provide for the procedures of the foundation; and

(f) make such other provision concerning the foundation as the Department of Justice thinks necessary or expedient for the proper functioning of the foundation.

(3) The Department of Justice may make payments to, or for the purposes of, the foundation.

Traffic wardens

71

(1) The Board shall appoint traffic wardens on such terms and conditions as the Department of Justice may determine.

(2) Traffic wardens shall be under the direction and control of the Chief Constable.

(3) Where a complaint is made by a member of the public against a traffic warden, the complaint shall be referred to the Chief Constable who shall (unless the complaint alleges an offence with which the traffic warden has then been charged) forthwith record the complaint and cause it to be investigated.

Video recording of interviews

72

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

(2) After Article 60 there shall be inserted the following Article—

(60A) It shall be the duty of the Secretary of State— (a) to issue a code of practice in connection with the video-recording with sound of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations; (b) to make an order (subject to Article 89) requiring the video-recording with sound of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being.

(3) In Article 66(2) (codes of practice – supplementary) after “Article 60” there shall be inserted “ , 60A ”.

(4) In Article 89 (orders and regulations) after “Articles 60” there shall be inserted “ , 60A ”.

Places of detention: lay visitors

73

(1) The Board shall make, and keep under review, arrangements for ... places of detention to be visited by persons appointed under the arrangements (“lay visitors”).

(2) The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.

(3) The report shall deal with—

(a) the conditions under which persons are held in the ... place of detention concerned and with their welfare and treatment;

(b) the adequacy of facilities at that place of detention;

(4) The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to—

(a) require access to be given to each ... place of detention;

(b) examine records relating to the holding of persons there;

(d) inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.

(5) A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.

(6) Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.

(7) The arrangements shall provide that a person may not be appointed as a lay visitor if—

(a) he is a member of the Board; or

(b) he is, or has been, a police officer.

(8) The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.

(9) In this section “place of detention” means a police station at which persons are detained

Application to police of anti-discrimination legislation

74

Schedule 5, which amends in their application to the police and other bodies of constables—

(a) the Sex Discrimination (Northern Ireland) Order 1976,

(b) the Race Relations (Northern Ireland) Order 1997, and

shall have effect.

Supplementary

Expenses of Secretary of State

75

There shall be defrayed out of money provided by Parliament—

(a) any expenditure of the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums so payable under any other statutory provision.

Orders and regulations

76

(1) Any power of the Secretary of State, the Minister of Justice or the Department of Justice to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(2) An order or regulations under this Act—

(a) may make different provision for different purposes, cases and circumstances;

(b) may contain such consequential, supplementary and transitional provisions as appear to the person making the order or regulations to be appropriate.

(3) Subsections (1), (2) and (6) do not apply to vesting orders made under section 7.

(4) No statutory rule may be made under section 47(3) ... unless a draft of the rule has been laid before and approved by resolution of each House of Parliament.

(4A) No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

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

(5) A statutory rule made by the Secretary of State under this Act (other than one made under a provision mentioned in subsection (4) or containing an order under section 79) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(6) An order or regulations made by the Minister of Justice or the Department of Justice under this Act (other than regulations under section 54) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Interpretation

77

(1) In this Act—

“the 1998 Act” means the Police (Northern Ireland) Act 1998;

“the Board” means the Northern Ireland Policing Board;

“building” includes any structure;

“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

“civil service” means the civil service of Northern Ireland or the civil service of the United Kingdom;

“equipment” includes vehicles, apparatus, furniture, fittings, accoutrements and clothing;

“financial year” means the period of 12 months ending with 31st March;

“functions” includes powers and duties;

“the Minister of Justice” means the Minister in charge of the Department of Justice;

“the Ombudsman” means the Police Ombudsman for Northern Ireland;

“pension purposes” means the purposes of the pension scheme established by regulations under section 25 of the Police (Northern Ireland) Act 1998;

“the police” means—the Police Service of Northern Ireland; andthe Police Service of Northern Ireland Reserve;

“Police Association” means the Police Association for Northern Ireland;

“the Police Acts” means this Act and the 1998 Act;

“police officer” means a person who is—a member of the Police Service of Northern Ireland; ora member of the Police Service of Northern Ireland Reserve;

“police purposes” means the purposes of the police, the police support staff, police trainees, police reserve trainees, police cadets and traffic wardens;

“Police Service of Northern Ireland” means the body of constables mentioned in section 1(1);

“Police Service of Northern Ireland Reserve” means the body of constables mentioned in section 1(3);

“police reserve trainee” has the meaning given by section 37(3);

“police trainee” has the meaning given by section 36(3);

“police support staff” has the meaning given by section 4(6);

“the policing plan” has the meaning given by section 26(1);

“provide” and “maintain” have the same meaning as, by virtue of section 147 of the Local Government Act (Northern Ireland) 1972, they have for the purposes of that Act;

“senior officer”, in relation to the Police Service of Northern Ireland, means an officer above the rank of superintendent;

“special purposes committee” means a committee constituted by the Board under paragraph 24(1) or (1A) of Schedule 1 for the purposes mentioned in paragraph 24(1B) of that Schedule;

“statutory authority” means—a body constituted under a statutory provision; ora person holding office under a statutory provision;

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

(2) Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.

Amendments, transitional and transitory provisions and repeals

78

(1) The statutory provisions mentioned in Schedule 6 shall be amended as provided in that Schedule.

(2) In relation to any time after the coming into force of this subsection, any reference in any statutory provision or other document—

(a) to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the Police Service of Northern Ireland;

(b) to a person holding any other particular rank, or a rank of a particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description, in the Police Service of Northern Ireland;

(c) to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland;

(d) to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the Police Service of Northern Ireland Reserve;

(e) to the Royal Ulster Constabulary Reserve shall be construed as a reference to the Police Service of Northern Ireland Reserve;

(f) to the Royal Ulster Constabulary in any other context shall be construed as a reference to the Police Service of Northern Ireland.

(3) Schedule 7 (which contains transitional and transitory provisions) shall have effect.

(4) The statutory provisions mentioned in Schedule 8 are repealed to the extent specified in the third column of that Schedule.

Commencement

79

(1) Except as provided by subsection (2), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

(2) The following provisions come into force on the day on which this Act is passed—

(a) section 49;

(b) sections 67 and 68;

(d) Part III of Schedule 1 and section 2(2) so far as relating thereto;

(e) Schedule 4;

(f) paragraphs 3(4) and 4(3) of Schedule 6 and section 78(1) so far as relating thereto;

(g) paragraph 1 of Schedule 7 and section 78(3) so far as relating thereto.

(3) An order under this section may appoint different days for different purposes and for different provisions.

(4) An order under this section may contain such transitional provisions or savings (including provisions modifying this Act or any other statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.

Extent

80

(1) Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

(2) Section 78(2) extends also to England and Wales and Scotland.

(3) The amendments and repeals in Schedules 6 and 8 have the same extent as the statutory provisions to which they relate.

Short title

81

This Act may be cited as the Police (Northern Ireland) Act 2000.

SCHEDULE 1

Part I — Status and membership

Status

1

(1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Board’s property shall not be regarded as property of, or property held on behalf of, the Crown.

(2) Subject to the provisions of this Act, section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply to the Board; and, for the purposes of that section, the Board shall be treated as if it were established by an Act of the Northern Ireland Assembly.

Membership: application of Parts II and III

2

(1) While section 1 of the Northern Ireland Act 2000 (suspension of devolved government in Northern Ireland) is in force, Part II below shall have effect in relation to the membership of the Board (and accordingly Part III below shall not have effect).

(2) At any other time, Part III below shall have effect in relation to the membership of the Board (and accordingly Part II below shall not have effect).

(3) Where either of those Parts ceases to have effect in relation to the Board, the members of the Board holding office under that Part shall cease to do so, but may again become members of the Board under the other of those Parts.

Part II — Membership during suspension of devolved government

Constitution

3

(1) The Board shall consist of not less than 14 nor more than 19 members appointed by the Secretary of State.

(2) The Secretary of State may by order amend either or both of the numbers for the time being specified in sub-paragraph (1).

(3) The Secretary of State shall so exercise his powers of appointment under this paragraph as to secure that as far as is practicable the membership of the Board is representative of the community in Northern Ireland.

(4) Before making any appointment under this paragraph, the Secretary of State shall consult—

(a) district councils; and

(b) such other bodies as he considers appropriate.

(5) The Secretary of State shall publish, in such manner as he considers appropriate, the names of bodies consulted by him under sub-paragraph (4)(b).

(6) Sub-paragraphs (4) and (5) do not apply to the first appointment of members of the Board under this Part following the making by the Secretary of State of an order revoking a restoration order under section 2(2) of the Northern Ireland Act 2000.

(7) A person is disqualified for membership of the Board if—

(a) he holds the office of Ombudsman, or

(b) he is—

(i) a member of the police support staff;

(ii) a police officer; ...

(iii) a member of a policing and community safety partnership or a district policing and community safety partnership.

(8) There shall be a chairman and a vice-chairman of the Board.

(9) The first chairman and vice-chairman of the Board under this Part shall be appointed by the Secretary of State.

(10) Subsequent appointments to the office of chairman and vice-chairman shall be made by the Board from among its members.

Term of office

4

(1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member or as chairman or vice-chairman of the Board in accordance with the terms of his appointment.

(2) The chairman, vice-chairman and other members of the Board may not be appointed for a term of more than 4 years at a time, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place he is appointed.

(3) A person may at any time resign as a member or as chairman or vice-chairman of the Board by notice in writing to the Secretary of State.

(4) A person shall cease to hold office as a member or as chairman or vice-chairman if he becomes disqualified for membership of the Board.

(5) The Secretary of State may remove a person from office as a member or as chairman or vice-chairman of the Board if satisfied that—

(a) before his appointment he failed to disclose to the Secretary of State his conviction of a criminal offence in Northern Ireland or elsewhere;

(b) he has been convicted of a criminal offence committed after the date of his appointment;

(d) he is not committed to non-violence and exclusively peaceful and democratic means;

(e) he has failed to comply with the terms of his appointment; or

(f) he is otherwise unable or unfit to discharge his functions.

(6) A member of the Board whose term of office expires or who has resigned shall be eligible for re-appointment.

Remuneration and allowances of members

5

(1) The Board may pay to the chairman, vice-chairman and other members of the Board such remuneration and allowances as the Secretary of State may determine.

(2) If a person ceases to be a member of the Board otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may direct the Board to make to the person a payment of such amount as the Secretary of State may determine.

Part III — Membership during devolved government

Constitution

6

(1) The Board shall consist of 19 members of whom—

(a) 10 shall be nominated from among members of the Assembly in accordance with paragraph 7; and

(b) 9 shall be appointed by the Minister of Justice in accordance with paragraph 8.

(2) In this Part—

“independent member” means a member of the Board appointed under sub-paragraph (1)(b);

“political member” means a member of the Board nominated under sub-paragraph (1)(a).

“transitional period” means the period for which independent members of the Board are appointed in accordance with paragraph 8(4A).

Political members

7

(1) Where this Part comes into effect in relation to the Board, the political members shall be nominated by applying sub-paragraphs (3) to (8) within the prescribed period.

(2) Where at any other time—

(a) an Assembly is elected under section 31 or 32 of the Northern Ireland Act 1998;

(b) a resolution which causes one or more Ministerial offices to become vacant is passed under section 30(2) of that Act; or

all political members shall cease to hold office and the political members shall be nominated by applying sub-paragraphs (3) to (8) within the prescribed period.

(3) At the request of the Minister of Justice, the nominating officer of the political party for which the formula in sub-paragraph (7) gives the highest figure may nominate a person as a member of the Board who—

(a) is a member of that party and of the Assembly; and

(b) is not disqualified for membership of the Board.

(4) The nominated person may take up office as a member of the Board by making a statement to that effect to the Minister of Justice.

(5) If—

(a) the nominating officer does not exercise the power conferred by sub-paragraph (3) within the prescribed period; or

(b) the nominated person does not take up office as a member of the Board within that period,

that power shall become exercisable by the nominating officer of the political party for which the formula in sub-paragraph (7) gives the next highest figure.

(6) Sub-paragraphs (3) to (5) shall be applied as many times as may be necessary to secure that all of the offices as political member are filled.

(7) The formula is—

where—

S = the number of seats in the Assembly which were held by members of the party on the day on which the Assembly first met following its election; and

M = the number of members of the party (if any) who hold office as a political member of the Board.

(8) Where the figures given by the formula for two or more political parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last general election of members of the Assembly.

(9) A political member shall cease to hold office if—

(a) he resigns by notice in writing to the Board;

(b) he becomes disqualified for membership of the Board; or

(10) Where a person ceases to hold office as a political member otherwise than by virtue of sub-paragraph (2), the nominating officer of the party on whose behalf that person was nominated may nominate a person to hold the office who—

(a) is a member of that party and of the Assembly; and

(b) is not disqualified for membership of the Board.

(11) If—

(a) the nominating officer does not exercise the power conferred by sub-paragraph (10) within the prescribed period; or

(b) the nominated person does not take up the office within that period,

the vacancy shall be filled by applying sub-paragraphs (3) to (8) within such further period as may be prescribed.

(12) Where—

(a) the Assembly has resolved under section 30(2) of the Northern Ireland Act 1998 that a political party does not enjoy its confidence; and

(b) the party’s period of exclusion has not come to an end,

the party shall be disregarded for the purposes of any application of sub-paragraphs (3) to (8).

(13) In this paragraph—

“nominating officer”, in relation to a party, means the person registered under Part II of the Political Parties, Elections and Referendums Act 2000 as the party’s nominating officer or a member of the Assembly nominated by him for the purpose;

“prescribed” means prescribed by regulations made by the Minister of Justice.

Independent members

8

(1) The Minister of Justice shall so exercise his powers of appointment under paragraph 6(1)(b) as to secure that as far as is practicable the membership of the Board is representative of the community in Northern Ireland.

(2) Before making any appointment under paragraph 6(1)(b), the Minister of Justice shall consult—

(a) the First Minister and deputy First Minister;

(b) district councils; and

(3) The Minister of Justice shall publish, in such manner as he considers appropriate, the names of bodies consulted by him under sub-paragraph (2)(c).

(4) In relation to the first appointment of members of the Board under this Part following the making of a restoration order by the Secretary of State under section 2(2) of the Northern Ireland Act 2000—

(a) sub-paragraph (2) applies as if paragraphs (b) and (c) were omitted; and

(b) sub-paragraph (3) does not apply.

(4A) In relation to the first appointment of members of the Board following the coming into effect of this Part in accordance with paragraph 2A(4)(b), the Secretary of State may, notwithstanding anything in sub-paragraph (1), so exercise his powers of appointment under paragraph 6(1)(b) as to secure that—

(a) he appoints independent members of the Board only from among persons holding office as members of the Board immediately before the making of the restoration order mentioned in paragraph 2A(1), and

(b) all appointments made in accordance with paragraph (a) are for the same term of office (the “transitional period”), which must not exceed four months.

(4B) Where a vacancy in the membership of the Board arises as a result of—

(a) a person holding office as a member of the Board immediately before the making of the restoration order mentioned in paragraph 2A(1) being unavailable to take up office under sub-paragraph (4A), or

(b) an independent member of the Board appointed in accordance with sub-paragraph (4A) ceasing to hold office before the end of the transitional period,

no appointment shall be made to fill the vacancy, and paragraph 6(1)(b) shall have effect subject to this sub-paragraph.

(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 his appointment.

(6) An independent member may not be appointed for a term of more than 4 years at a time.

(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 he is appointed.

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

(a) he resigns by notice in writing to the Minister of Justice; or

(b) he becomes disqualified for membership of the Board.

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

Removal of members from office

9

(1) The Minister of Justice may remove a person from office as an independent or political member of the Board if satisfied that—

(a) in the case of an independent member, he failed, before his appointment, to make to the Minister of Justice full disclosure of a conviction of his for a criminal offence in Northern Ireland or elsewhere;

(b) he has been convicted of a criminal offence in Northern Ireland or elsewhere committed after the date of his appointment;

(d) he is not committed to non-violence and exclusively peaceful and democratic means;

(e) he is otherwise unable or unfit to discharge his functions as a member of the Board.

(2) The Minister of Justice may remove a person from office as an independent member of the Board if satisfied that he has failed to comply with the terms of his appointment.

Disqualification

10

(1) A person is disqualified for membership of the Board if—

(a) he holds office as—

(i) First Minister or deputy First Minister;

(ii) a Northern Ireland Minister;

(iii) a junior Minister; or

(iv) the Ombudsman;

(b) he is—

(i) a member of the police support staff;

(ii) a police officer; ...

(iii) a member of a policing and community safety partnership or a district policing and community safety partnership.

(c) he is for the time being excluded under section 30(1) of the Northern Ireland Act 1998 from holding office as a Minister or junior Minister.

(2) A person removed from office under paragraph 9(1) is disqualified for membership of the Board until the date of the dissolution of the Assembly next following his removal.

Chairman and vice-chairman

11

(1) There shall be a chairman and a vice-chairman of the Board.

(2) The first chairman and vice-chairman of the Board under this Part shall be appointed by the Secretary of State from among the members of the Board.

(3) Before making any appointment under sub-paragraph (2), the Secretary of State shall consult the First Minister and the deputy First Minister.

(4) Subsequent appointments to the office of chairman and vice-chairman shall be made by the Board from among its members.

(5) Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman or vice-chairman in accordance with the terms of his appointment.

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

(7) A person appointed to fill a casual vacancy as chairman or vice-chairman shall hold office for the remainder of the term of the person in whose place he is appointed.

(8) If the chairman or vice-chairman ceases to be a member of the Board, he shall also cease to hold office as chairman or vice-chairman.

(9) Any appointment of a chairman or vice-chairman during the transitional period shall be for a term expiring at the end of the transitional period.

Remuneration and allowances of members

12

(1) The Board may pay to the chairman, vice-chairman and other members of the Board such remuneration and allowances as the Minister of Justice may determine.

(2) If a person ceases to be a member of the Board otherwise than on the expiry of his term of office and it appears to the Minister of Justice that there are special circumstances which make it right for that person to receive compensation, the Minister of Justice may direct the Board to make to the person a payment of such amount as the Minister of Justice may determine.

Part IV — Staff

Staff of the Board

13

(1) The Board may, with the approval of the Department of Justice as to numbers and terms and conditions of service, employ persons to enable the Board to discharge its functions.

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

Power to transfer staff to employment of Board

14

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

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

(a) employed in the civil service; and

(b) engaged, in pursuance of arrangements under paragraph 13(2), in providing assistance to the Board.

(3) This paragraph 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) Before making any regulations under this paragraph the Department of Justice shall consult—

(a) the Board; and

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

Part V — Funding

Grants to the Board

15

(1) The Department of Justice shall for each financial year make to the Board a grant for defraying the expenses of the Board.

(2) A grant under this paragraph—

(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, with the approval of the Department of Finance and Personnel, determine.

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

Accounts and audit

16

(1) The Board shall in relation to grants received under paragraph 15—

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