Police (Northern Ireland) Act 2000

• (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.

• (2) The statement of accounts shall contain such information and shall be in such form as the Department of Justice may determine.

• (3) The Board shall send copies of the statement of accounts to the Department of Justice and the Comptroller and Auditor General for Northern Ireland within such period after the end of the financial year to which the accounts relate as the Department of Justice may determine.

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

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

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

• (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(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.

Part VI — Procedure

Procedure

17

• (1) Subject to sub-paragraph (2), the quorum for a meeting of the Board shall be seven.

• (2) The quorum for a meeting of the Board at which any appointment is to be made under paragraph 3(10) or 11(4) shall be—

• (a) 12, if the Board consists of 19 members;

• (b) 11, if it consists of 16, 17 or 18 members;

• (c) 10, if it consists of less than 16 members.

• (3) For the purposes of sub-paragraph (2), any vacancy in the membership of the Board is to be disregarded.

• (4) Subject to paragraphs 17A and 18 and section 23(9) of the Police (Northern Ireland) Act 2003 , every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote.

• (5) If the chairman and vice-chairman are absent from a meeting of the Board, the members present shall elect one of their number to act as chairman of the meeting.

• (6) The Board shall determine the procedures to be followed by it in exercising its power under section 59(1).

• (7) The Board shall—

• (a) publish the procedures determined by it under sub-paragraph (6); and

• (b) not exercise its power under section 59(1) otherwise than in accordance with those procedures.

• (8) Subject to sub-paragraphs (1) to (7) the Board may regulate its own procedure.

Inquiries under section 60

18

• (1) Sub-paragraph (2) applies if—

• (a) the Board is considering—

• (i) causing an inquiry to be held under section 60;

• (ii) making a request under section 60(6); or

• (iii) appointing a person under section 60(9); and

• (b) at least three members of the Board have made a written request to the chairman, asking him to call a meeting of the Board to consider the matter.

• (2) The chairman shall, no later than three working days after the day on which he receives the request, call such a meeting.

• (3) The meeting shall be held no earlier than six, and no later than twenty-one, working days after the day on which the chairman calls the meeting .

• (4) The chairman shall notify each member of the Board of the date and purpose of the meeting.

• (5) The Board shall not take any of the steps mentioned in sub-paragraph (1)(a) unless a proposal to that effect has been approved by—

• (a) a majority of members of the Board present and voting on the proposal, and

• (b) the required number of members of the Board present and voting on the proposal.

• (6) The required number of members is—

• (a) 8 , if the Board consists of 18 or 19 members;

• (b) 7 , if it consists of 16 or 17 members;

• (c) 6 , if it consists of less than 16 members.

• (7) For the purposes of sub-paragraph (6), any vacancy in the membership of the Board is to be disregarded.

Public meetings

19

• (1) This paragraph applies to a meeting held by the Board for the purpose of receiving and considering a report on policing from the Chief Constable prepared for the meeting.

• (2) There must be at least eight meetings in each year.

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

• (4) The Board must give such notice of a meeting as it considers appropriate.

• (5) Members of the public may attend any meeting.

• (6) But that does not prevent the Board from excluding the public, or particular members of the public, from a meeting, or from part of a meeting, in order to prevent or suppress disorderly conduct or other misbehaviour at, or a disturbance of, the meeting.

Validity of proceedings

20

The validity of any proceedings of the Board or a committee thereof shall not be affected by—

• (a) any defect in the appointment of the chairman or vice-chairman or any other member; or

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

Seal

21

The application of the seal of the Board shall be authenticated by the signatures of—

• (a) two members of the Board; and

• (b) some other person generally or specially authorised by the Board to act for that purpose.

Execution and proof of instruments

22

• (1) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board to act for that purpose.

• (2) Before entering into contracts for the supply of goods or the execution of works, the Board shall comply with such requirements as the Department of Justice may direct.

• (3) A document purporting to be an instrument made or issued by or on behalf of the Board and—

• (a) to be duly executed under the seal of the Board, or

• (b) to be signed or executed by a person generally or specially authorised by the Board to act for that purpose,

shall be received in evidence and treated (without further proof) as being so made or issued unless the contrary is shown.

Disclosure of pecuniary interests, family connections, etc.

23

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

• (a) in those sections—

• (i) any reference to a council were a reference to the Board;

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

• (iii) any reference to the clerk of the council were a reference to such officer of the Board as the Department of Justice may specify;

• (b) in section 28(4) of that Act for the words from “by any local elector” to the end there were substituted the words “ by any person ”;

• (c) in section 29 of that Act any reference to the Ministry were a reference to the Department of Justice.

Committees

24

• (1) The Board may , subject to sub-paragraphs (1A) to (1E) —

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

• (b) delegate to a committee so constituted any of the functions of the Board.

• (1A) The Board shall constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if—

• (a) the Chief Constable informs the Board that he wishes to supply information to a committee of the Board under section 59(4D),

• (b) the Secretary of State or the Minister of Justice informs the Board that he proposes to modify a requirement to submit a report under section 59(1) for the purpose mentioned in section 59(4A)(b), or

• (c) a person who is conducting or has conducted an inquiry under section 60, or who is assisting or has assisted in the conduct of such an inquiry, informs the Board that he wishes to disclose information to a committee of the Board under section 74A(6).

• (1B) The purposes are—

• (a) handling information supplied to the committee by the Chief Constable under section 59;

• (b) handling information supplied to it by a person who is conducting or has conducted an inquiry under section 60 or by a person who is assisting or has assisted in the conduct of such an inquiry.

• (1C) The Board may not constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if a committee of its members has already been constituted for those purposes under sub-paragraph (1) or (1A).

• (1D) A committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B) shall consist of 7 members of the Board.

• (1E) The members of a committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B)—

• (a) shall be appointed by the Board;

• (b) shall include the chairman or vice-chairman of the Board (or both of them);

• (c) shall as far as practicable be representative of the Board.

• (2) The powers of any committee of the Board shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the Board.

SCHEDULE 2

Interpretation

1

In this Schedule—

• “the Authority” means the Police Authority for Northern Ireland;

• “the transfer date” means the date on which section 2(3) comes into force.

Transfer of functions

2

• (1) The functions exercisable by the Authority immediately before the transfer date under—

• (a) any provision of the 1998 Act, or

• (b) any other statutory provision,

shall as from that date be exercisable by the Board.

• (2) Sub-paragraph (1) applies only to provisions which have continuing effect.

Transfer of assets and liabilities

3

• (1) All property, rights and liabilities to which the Authority is entitled or subject immediately before the transfer date shall on that date be transferred to, and by virtue of this paragraph vest in, the Board.

• (2) This paragraph does not apply to rights and liabilities under a contract of employment (which are dealt with in paragraph 4).

• (3) A certificate by the Department of Justice that any property, right or liability has vested in the Board under this paragraph shall be conclusive evidence of that fact for all purposes.

Transfer of employed staff

4

• (1) Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the transfer date is employed by the Authority.

• (2) This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the transfer date.

• (3) Where a person—

• (a) has, prior to the transfer date, entered into a contract of employment with the Authority which is to come into effect on or after that date, and

• (b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

he shall be treated as if he were a person to whom this paragraph applies.

• (4) A contract of employment between a person to whom this paragraph applies and the Authority shall have effect from the transfer date as if originally made between that person and the Board.

• (5) Without prejudice to sub-paragraph (4)—

• (a) all the Authority’s rights, powers, duties and liabilities under or in connection with the contract shall by virtue of this paragraph be transferred to the Board on the transfer date; and

• (b) anything done before that date by or in relation to the Authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Board.

• (6) Sub-paragraphs (4) and (5) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the Authority that he objects to the transfer.

• (7) Where an employee objects as mentioned in sub-paragraph (6), his contract of employment with the Authority is terminated immediately before the transfer date, but he shall not be treated, for any purpose, as having been dismissed by the Authority.

• (8) A person transferred to the employment of the Board under this paragraph shall be treated—

• (a) as a member of the police support staff employed under section 4(3), if immediately before the transfer date he was a member of the police service staff of the Authority;

• (b) as a member of the staff of the Board appointed under paragraph 13(1) of Schedule 1 in any other case.

• (9) This paragraph does not prejudice any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change of employer effected by this paragraph unless the employee shows that, in all the circumstances, the change is a significant change and to his detriment.

Transfer of seconded staff

5

• (1) This paragraph applies to a person who immediately before the transfer date is engaged in pursuance of arrangements under section 3(4) of the 1998 Act in providing assistance to the Authority.

• (2) If, immediately before the transfer date a person to whom this paragraph applies was a member of the police service staff of the Authority, he shall be treated as a member of the police support staff engaged in pursuance of arrangements made under section 4(4).

• (3) In any other case, he shall be treated as a person engaged in providing assistance to the Board in pursuance of arrangements under paragraph 13(2) of Schedule 1.

References to, and acts, etc. done by, or in relation to, the Authority

6

• (1) Any reference in any statutory provision or document to the Authority shall, in relation to any time after the transfer date, be construed as a reference to the Board.

• (2) Nothing in section 2 or this Schedule affects the validity of any document made or issued or any other act done by, or in relation to, the Authority before the transfer date; and any such document or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Board.

• (3) Anything (including any legal proceedings) in the process of being done by or in relation to the Authority immediately before the transfer date may be continued by or in relation to the Board.

Accounts

7

• (1) In this paragraph “the relevant period” means the period—

• (a) beginning on 1st April 2000; and

• (b) ending immediately before the transfer date.

• (2) The Board shall—

• (a) prepare a statement of accounts for the Authority in respect of the relevant period in such form and containing such information as the Secretary of State may determine;

• (b) send copies of that statement to the Secretary of State and the Comptroller and Auditor General within such period after the end of the relevant period as the Secretary of State may direct.

• (3) The Comptroller and Auditor General shall—

• (a) examine, certify and report on the statement of accounts received by him under sub-paragraph (2)(b); and

• (b) lay a copy of the statement of accounts and of his report before each House of Parliament.

SCHEDULE 3

Interpretation

1

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

Size and composition

2

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

Political members

3

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

Independent members

4

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

The council’s nominations

5

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

Code of practice on appointment of independent members

6

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

Removal of members from office

7

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

Disqualification

8

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

Chairman and vice-chairman

9

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

Allowances

10

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

Finance

11

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

Procedure

12

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

Validity of proceedings

13

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

Disclosure of pecuniary interests, family connections, et ceteralaetc.

14

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

Committees

15

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

Joint partnerships

16

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

SCHEDULE 4

Appointment etc. of the Commissioner

1

• (1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as the Commissioner in accordance with the terms of his appointment.

• (2) An appointment as Commissioner may be full-time or part-time.

• (3) The first appointment as Commissioner shall come to an end on 31 May 2003.

• (4) Any other appointment as Commissioner shall be for a period not exceeding 3 years.

• (5) A person may at any time resign his office as Commissioner by notice in writing to the Secretary of State.

• (6) The Secretary of State may call upon the Commissioner to retire if satisfied that the Commissioner has—

• (a) been convicted of a criminal offence;

• (b) become bankrupt or made a composition or arrangement with his creditors; or

• (c) become unfit or unable to discharge his functions.

• (7) Before calling upon the Commissioner to retire, the Secretary of State shall give the Commissioner an opportunity to make, either personally or otherwise, representations to him and shall consider any representations that he makes.

• (8) A Commissioner who is called upon to retire under sub-paragraph (6) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between him and the Secretary of State.

Terms of reference

2

• (1) On appointing the Commissioner, the Secretary of State shall give him written terms of reference.

• (2) The terms of reference shall, in particular, describe the changes in policing in Northern Ireland the implementation of which it is the general function of the Commissioner to oversee.

Remuneration, pensions, allowances, etc.

3

• (1) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Commissioner as he may determine.

• (2) Where a person ceases to hold office as Commissioner 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 make to that person a payment of such amount as the Secretary of State may determine.

Staff

4

• (1) The Commissioner may, with the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks fit to enable him to carry out his functions.

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

• (3) Employment by the Commissioner shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply and accordingly in Schedule 1 to that Act, at the appropriate place in the list of “Other Bodies” there shall be inserted—

Employment by the Commissioner appointed under section 67 of the Police (Northern Ireland) Act 2000.

5

The Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Commissioner.

Exercise of functions

6

• (1) Any functions of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for the purpose by the Commissioner.

• (2) “Officer of the Commissioner” means—

• (a) a person employed by the Commissioner under paragraph 4(1);

• (b) a person providing assistance to the Commissioner in pursuance of arrangements made under paragraph 4(2).

Evidence

7

A document purporting to be duly signed by, or on behalf of, the Commissioner shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

Finance

8

The Secretary of State shall pay to the Commissioner such sums as appear to the Secretary of State to be appropriate for defraying the expenses of the Commissioner under this Act.

9

• (1) The Commissioner shall—

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

• (b) prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct; and

• (c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

• (2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

SCHEDULE 5

Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

1

• (1) The Sex Discrimination (Northern Ireland) Order 1976 shall be amended as follows.

• (2) Omit Article 19.

• (3) In Article 82(4) for “Article 19” substitute “ Articles 84 and 85 ”.

• (4) After Article 83 insert—

(84) (1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment— (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) Regulations under section 25 or 26 of the Police (Northern Ireland) Act 1998 or section 41 of the Police (Northern Ireland) Act 2000 shall not treat men and women differently except— (a) as to requirements relating to uniform or equipment or allowances in lieu of uniform or equipment; (b) so far as special treatment is accorded to women in connection with pregnancy or childbirth; or (c) in relation to pensions. (3) Nothing in Part II renders unlawful any discrimination between male and female constables as to matters such as are mentioned in paragraph (2)(a). (4) For the purposes of Article 42— (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (5) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000— (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him the proceedings; and (b) any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board. (6) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay— (a) any compensation, damages or costs awarded in proceedings under this Order against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (7) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (6). (8) Paragraphs (1) and (4) to (7)— (a) apply in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 of the Police Act 1997 as they apply in relation to a police officer; (b) apply in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if— (i) in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in paragraphs (4), (6) and (7) the references to the Chief Constable were references to the Ombudsman. (85) (1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment— (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 42— (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund— (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by a chief officer of police for the settlement of any claim made against him under this Order if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund— (a) any compensation, damages or costs awarded in proceedings under this Order against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4). (6) In this Article— - “chief officer of police” means— 1. in relation to the National Criminal Intelligence Service, the Director General of that Service; 2. in relation to any other body of constables, the person who has the direction and control of the body in question; - “police authority” means— 1. in relation to the National Criminal Intelligence Service, the Service Authority for the National Criminal Intelligence Service; 2. in relation to any other body of constables, the authority by which the members of the body are paid; - “police fund” means— 1. in relation to the National Criminal Intelligence Service, the Service fund under section 16 of the Police Act 1997; 2. in relation to any other body of constables, money provided by the authority by which the members of the body are paid. (7) Nothing in paragraphs (3) to (6) applies in relation to the police.

Race Relations (Northern Ireland) Order 1997 (NI 6)

2

• (1) The Race Relations (Northern Ireland) Order 1997 shall be amended as follows.

• (2) Omit Article 17.

• (3) In Article 71(3) for “Article 17” substitutes “ Articles 72A and 72B ”.

• (4) After Article 72 insert—

(72A) (1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment— (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 32— (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000— (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board. (4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay— (a) any compensation, damages or costs awarded in proceedings under this Order against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (4). (6) This Article— (a) applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 of the Police Act 1997 as it applies in relation to a police officer; (b) applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if— (i) in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in paragraphs (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman. (72B) (1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment— (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 32— (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund— (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by a chief officer of police for the settlement of any claim made against him under this Order if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund— (a) any compensation, damages or costs awarded in proceedings under this Order against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4). (6) In this Article— - “chief officer of police” means— 1. in relation to the National Criminal Intelligence Service, the Director General of that Service; 2. in relation to any other body of constables, the person who has the direction and control of the body in question; - “police authority” means— 1. in relation to the National Criminal Intelligence Service, the Service Authority for the National Criminal Intelligence Service; 2. in relation to any other body of constables, the authority by which the members of the body are paid; - “police fund” means— 1. in relation to the National Criminal Intelligence Service, the service fund under section 16 of the Police Act 1997; 2. in relation to any other body of constables, money provided by the authority by which the members of the body are paid. (7) Nothing in paragraphs (3) to (6) applies in relation to the police.

Fair Employment and Treatment (Northern Ireland) Order 1998 (NI 21)

3

• (1) The Fair Employment and Treatment (Northern Ireland) Order 1998 shall be amended as follows.

• (2) For Article 94 substitute—

(94) (1) For the purposes of this Order (except Article 36 and Part VII), the holding of the office of constable as a police officer shall be treated as employment— (a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it; (b) by the Policing Board as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 36— (a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000— (a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; (b) costs incurred by him in connection with any investigation under Part II so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 2; and (c) any sum required by the Chief Constable for the settlement of any claim made against him under this Order if the settlement is approved by the Policing Board. (4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay— (a) any compensation, damages or costs awarded in proceedings under this Order against a police officer; (b) any costs incurred and not recovered by a police officer in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board. (5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in paragraph (4). (6) This Article— (a) applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 of the Police Act 1997 as it applies in relation to a police officer; (b) applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if— (i) in paragraph (1) the reference to the Chief Constable included a reference to the Ombudsman; (ii) in paragraphs (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman. (94A) (1) For the purposes of this Order (except Article 36 and Part VII), the holding of the office of constable otherwise than as a police officer shall be treated as employment— (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it. (2) For the purposes of Article 36— (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund— (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under this Order, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; (b) costs incurred by him in connection with any investigation under Part II so far as not defrayed by sums paid by the Commission under paragraph 10 of Schedule 2; and (c) any sum required by a chief officer of police for the settlement of any claim made against him under this Order if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund— (a) any compensation, damages or costs awarded in proceedings under this Order against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in paragraph (4). (6) In this Article— - “chief officer of police” means— 1. in relation to the National Criminal Intelligence Service, the Director General of that Service; 2. in relation to any other body of constables, the person who has the direction and control of the body in question; - “police authority” means— 1. in relation to the National Criminal Intelligence Service, the Service Authority for the National Criminal Intelligence Service; 2. in relation to any other body of constables, the authority by which the members of the body are paid; - “police fund” means— 1. in relation to the National Criminal Intelligence Service, the service fund under section 16 of the Police Act 1997; 2. in relation to any other body of constables, money provided by the authority by which the members of the body are paid. (7) Nothing in paragraphs (3) to (6) applies in relation to the police.

SCHEDULE 6

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1

In the Interpretation Act (Northern Ireland) 1954 after section 43 insert—

(43A) In an enactment— - “Chief Constable” means the Chief Constable of the Police Service of Northern Ireland; - “constable”, except when used in enactments relating to the pay or pensions of, or the general administration of, the police, includes— 1. any police officer; 2. any member of any Harbour or Airport Police; 3. any member of the Naval, Military or Royal Air Force Police or of the Ministry of Defence Police; 4. any other person having for the time being the powers of a constable; - “Policing Board” means the Northern Ireland Policing Board; - “police district” and “district commander” have the meanings assigned by section 20 of the Police (Northern Ireland) Act 2000; - “the police”, “police officer”, “Police Service of Northern Ireland”, “Police Service of Northern Ireland Reserve” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000; - “reserve constable” means a person appointed as a reserve constable under section 37 of the Police (Northern Ireland) Act 2000.

Parliamentary Commissioner Act 1967 (1967 c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 at the appropriate place in alphabetical order insert the following entry—

Northern Ireland Policing Board .

House of Commons Disqualification Act 1975 (c. 24)

3

• (1) The House of Commons Disqualification Act 1975 shall be amended as follows.

• (2) In section 1(3) in the definition of “police authority” for “Police Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”.

• (3) In Part III of Schedule 1 at the appropriate place in alphabetical order insert the following entry—

Chairman or vice-chairman of the Northern Ireland Policing Board.

• (4) In that Part of that Schedule, at the appropriate place in alphabetical order insert the following entry—

Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4

• (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.

• (2) In section 1(2) in the definition of “police authority” for “Police Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”.

• (3) In Part III of Schedule 1, at the appropriate place in alphabetical order insert the following entry—

Commissioner appointed under section 67(1) of the Police (Northern Ireland) Act 2000.

Interpretation Act 1978 (c. 30)

5

In Schedule 1 to the Interpretation Act 1978 (defined words and expressions), insert at the appropriate place—

“Police Service of Northern Ireland” and “Police Service of Northern Ireland Reserve” have the same meaning as in the Police (Northern Ireland) Act 2000;

.

Health and Safety at Work (Northern Ireland) Order 1978 (NI 9)

6

In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 for sub-paragraph (a) substitute—

(a) in relation to a police officer, means the Chief Constable;

.

Finance Act 1981 (c. 35)

7

In section 107(3)(k) of the Finance Act 1981 for “the Police Authority for Northern Ireland” substitute “ the Northern Ireland Policing Board ”.

Aviation Security Act 1982 (c. 36)

8

In section 31(3)(c) of the Aviation Security Act 1982 for “Police Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”.

Official Secrets Act 1989 (c. 6)

9

In section 12(1)(e) of the Official Secrets Act 1989 for the words in brackets substitute “ (including the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve) ”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

10

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

• (2) In Article 2(2) omit the definition of “police officer”.

• (3) In Articles 7(1), 50(2) and 56(14) for “section 48(1) of the Police (Northern Ireland) Act 1998” substitute “ section 58(1) of the Police (Northern Ireland) Act 2000 ”.

• (4) In Article 32(4)(b) for “Police Authority” substitute “ Policing Board ”.

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

Aviation and Maritime Security Act 1990 (c. 31)

11

In section 22(4)(b) of the Aviation and Maritime Security Act 1990 for sub-paragraph (ii) substitute—

(ii) in Northern Ireland, by the Northern Ireland Policing Board or an authority which has entered into an agreement with the Police Ombudsman for Northern Ireland under section 60 of the Police (Northern Ireland) Act 1998;

.

Police Act 1996 (c. 16)

12

• (1) The Police Act 1996 shall be amended as follows.

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

• (3) In section 97(1)(f) and (7)(b) for “Royal Ulster Constabulary” substitute “ Police Service of Northern Ireland ”.

• (4) In section 98(1) to (5) for “Royal Ulster Constabulary” (wherever occurring) substitute “ Police Service of Northern Ireland ”.

• (5) In section 98 for subsections (8) and (9) substitute—

(8) “Constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000.

.

Juries (Northern Ireland) Order 1996 (NI 6)

13

In Schedule 2 to the Juries (Northern Ireland) Order 1996 for the entries beginning “Members of the Royal Ulster Constabulary” and “Members and staff of the Police Authority” substitute—

• Police officers and any other person employed in any capacity by virtue of which he has the powers and privileges of a constable.
• Members and staff of the Policing Board.

.

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

14

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

Proceeds of Crime (Northern Ireland) Order 1996 (NI 9)

15

In Article 23(5)(a) and (b) of the Proceeds of Crime (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.

Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

16

In Article 84(2) of the Road Traffic Offenders (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.

Employment Rights (Northern Ireland) Order 1996 (NI 16)

17

• (1) The Employment Rights (Northern Ireland) Order 1996 shall be amended as follows.

• (2) In Article 72A(2) for sub-paragraph (a) substitute—

(a) in relation to a police officer, means the Chief Constable;

.

• (3) In Article 169A(2) for sub-paragraph (a) substitute—

(a) in relation to a police officer, means the Chief Constable;

.

• (4) In Article 243(3) for sub-paragraph (a) substitute—

(a) service as a police officer;

.

Licensing (Northern Ireland) Order 1996 (NI 22)

18

In Article 84(b) of the Licensing (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.

Registration of Clubs (Northern Ireland) Order 1996 (NI 23)

19

In Article 51 of the Registration of Clubs (Northern Ireland) Order 1996 for “Police Authority for Northern Ireland” substitute “ Policing Board ”.

Police Act 1997 (c. 50)

20

• (1) The Police Act 1997 shall be amended as follows.

• (2) In that Act—

• (a) for “Royal Ulster Constabulary Reserve” (wherever occurring) substitute “ Police Service of Northern Ireland Reserve ”; and

• (b) for “Royal Ulster Constabulary” (wherever occurring) substitute “ Police Service of Northern Ireland ”.

• (3) In that Act for “Police Authority for Northern Ireland” (wherever occurring) substitute “ Northern Ireland Policing Board ”.

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

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

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

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

Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

21

In Articles 44(1), 45, 51 and 54(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 for “Police Authority” (wherever occurring) substitute “ Policing Board ”.

Police (Health and Safety) (Northern Ireland) Order 1997 (NI 16)

22

In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order 1997—

• (a) in the definition of “the relevant authority” for paragraph (a) substitute—

(a) in relation to the Chief Constable, the Policing Board;

;

• (b) in the definition of “the relevant fund” for paragraph (aa) substitute—

(aa) in relation to the police, funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000; and

;

• (c) in the definition of “the responsible officer” for paragraph (a) substitute—

(a) in relation to the police, the Chief Constable;

.

Police (Northern Ireland) Act 1998 (c. 32)

23

• (1) The Police (Northern Ireland) Act 1998 shall be amended as follows.

• (2) In Part III—

• (a) for “Police Authority” (wherever occurring) substitute “ Board ”;

• (b) in sections 25, 26 and 27 for “the Royal Ulster Constabulary”, “the Constabulary” and “that Constabulary” (wherever occurring) substitute “ the Police Service of Northern Ireland ”;

• (c) in section 27(7)(b) omit “18” and after “this Act” insert “ and section 32 of the Police (Northern Ireland) Act 2000 ”;

• (d) in section 28(1) for “Royal Ulster Constabulary Fund” substitute “ Police Fund ”;

• (e) in section 29(2) for “section 10(5)” substitute “ section 10(5) of the Police (Northern Ireland) Act 2000 ”;

• (f) in section 29(5) for “Royal Ulster Constabulary” substitute “ the Police Service of Northern Ireland ”;

• (g) in section 31(5)(c)(iv) for “the Authority” substitute “ the Board ”.

• (3) In section 33(2)(c) for “Police Authority” substitute “ Board ”.

• (4) In Part V—

• (a) omit sections 37 and 39;

• (b) for “Police Authority” (wherever occurring) substitute “ Board ”;

• (c) in sections 41(2), 45(1) and (2) and 46 for “the Northern Ireland Police Service” substitute

— (a) the Police Service of Northern Ireland; (b) the Police Service of Northern Ireland Reserve; (c) the police support staff; and (d) traffic wardens.

;

• (e) in subsection (4) of section 42, and in both places where it occurs in subsection (5) of that section, for “the Authority” substitute “ the Board ”.

• (5) In Part VII—

• (a) for “Police Authority” (wherever occurring) substitute “ Board ”;

• (b) in section 50(1) for “Royal Ulster Constabulary” substitute “ Police Service of Northern Ireland ”;

• (c) in section 55(1) for “the Authority” (wherever occurring) substitute “ the Board ”;

• (d) in sections 56(3) and 57(6) for “section 18” substitute “ section 32 of the Police (Northern Ireland) Act 2000 ”.

• (6) In Part VIII—

• (a) in section 72 after subsection (2) insert—

(2A) Regulations shall not be made under section 25(2)(k) or 26(2)(g) except with the consent of the Treasury.

;

• (b) for section 73 substitute—

(73) (1) This Act shall be construed as one with the Police (Northern Ireland) Act 2000; and accordingly any word or expression to which a meaning is given by section 77 of that Act has the same meaning in this Act as in that Act. (2) References in this Act to a member of the police force are to be construed as references to a police officer. (3) References in this Act in any other context to the police force are to be construed as references to the police. (4) In this Act “a police force in Great Britain” means a police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967 .

• (7) In Schedule 3—

• (a) in paragraph 5(2) for “Police Authority” substitute “ Board ”;

• (b) in paragraph 7(2)(a), for “section 19” substitute “ section 33 of the Police (Northern Ireland) Act 2000 ”;

• (c) in paragraph 8(4), for “section 18” substitute “ section 32 of the Police (Northern Ireland) Act 2000 ”.

• (8) In Schedule 5, in paragraph 2 for “Royal Ulster Constabulary” substitute “ Police Service of Northern Ireland ”.

Northern Ireland Act 1998 (c. 47)

24

• (1) The Northern Ireland Act 1998 shall be amended as follows.

• (2) In section 75(3) after paragraph (c) insert—

(cc) the Northern Ireland Policing Board, the Chief Constable of the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland;

.

• (3) In section 76(7) for paragraph (e) substitute—

(e) the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve and the Police Ombudsman for Northern Ireland;

.

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

Freedom of Information Act 2000 (c. )

25

• (1) The Freedom of Information Act 2000 shall be amended as follows.

• (2) In Part V of Schedule 1—

• (a) for “Policing Authority for Northern Ireland” substitute “ Northern Ireland Policing Board ”; and

• (b) for “Royal Ulster Constabulary” substitute “ Police Service of Northern Ireland ”.

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

SCHEDULE 7

Statutory references to the police service and the police service reserve

1

In relation to any time before the coming into force of section 78(2), any reference in any statutory provision (including this Act)—

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

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

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

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

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

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

Recruitment arrangements: references to the Board

2

At any time before the commencement of section 2, references in sections 43 to 49 to the Board shall be construed as references to the Police Authority for Northern Ireland.

Section 23

3

Any body established by arrangements made under section 7(1) of the 1998 Act and in existence immediately before the coming into force of section 23 shall be treated as having been established by arrangements made by the Board under that section.

Registration of Political Parties Act 1998

4

In relation to any time before the coming into force of section 21 of the Political Parties, Elections and Referendums Act 2000, paragraph 7(13) of Schedule 1 shall have effect as if for the definition of “nominating officer” there were substituted—

“nominating officer” means— (a) in relation to a registered party, the registered nominating officer or a member of the Assembly nominated by him for the purpose; (b) in relation to any other political party, the person who appears to the Secretary of State to be the leader of the party, or a member of the Assembly nominated by that person for the purpose; “registered” means registered under the Registration of Political Parties Act 1998 or the Political Parties, Elections and Referendums Act 2000;

.

SCHEDULE 8

The Northern Ireland Policing Board.

Grants to, and borrowing by, the Board.

Default of council.

Enforcement of duties under section 28.

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

Reports by Ombudsman to Chief Constable and Board.

Editorial notes