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
articles Not indexed
Reform history JSON API
371

Sch. 1 para. 3(7)(b)(iii) substituted for Sch. 1 para. 3(7)(b)(iii)(iv) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 7 para. 8(7); S.R. 2012/142, art. 2(d)

372

Sch. 1 para. 10(1)(b)(iii) substituted for Sch. 1 para. 10(1)(b)(iii)(iv) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 7 para. 8(7); S.R. 2012/142, art. 2(d)

394

Word in s. 73(1) omitted (13.5.2016) by virtue of Justice Act (NorthernIreland) 2016 (c. 21), ss. 49(a), 61(1)

395

Word in s. 73(3)(a) omitted (13.5.2016) by virtue of Justice Act (NorthernIreland) 2016 (c. 21), ss. 49(a), 61(1)

396

Word in s. 73(4)(a) omitted (13.5.2016) by virtue of Justice Act (NorthernIreland) 2016 (c. 21), ss. 49(a), 61(1)

5A
  • (1) The Board may enter into a contract with another person for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.
  • (2) The powers of the Board under this section shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.
  • (3) The power conferred by this section is subject to any regulations under section 40 of the 1998 Act.

Enforcement of duties under section 28.

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

Core policing principles

31A
  • (1) Police officers and National Crime Agency officers shall carry out their functions with the aim—
  • (a) of securing the support of the local community, and
  • (b) of acting in co-operation with the local community.
  • (2) In carrying out their functions, police officers and National Crime Agency officers shall be guided by the code of ethics under section 52.
  • (3) Nothing in this section shall have effect in relation to anything done by a National Crime Agency officer outside Northern Ireland.
33A
  • (1) The Chief Constable shall supply the Board with such information and documents as the Board may require for the purposes of, or in connection with, the exercise of any of its functions.
  • (2) Subsection (1) does not require the Chief Constable to supply any information to the Board if it appears to the Chief Constable that 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).
  • (3) Subsection (4) applies if the Chief Constable supplies the Board with information which, in his opinion, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
  • (4) The Chief Constable—
  • (a) must inform the Secretary of State that the information has been supplied to the Board, and
  • (b) must inform the Secretary of State and the Board that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
  • (5) Subsection (6) applies if the Chief Constable supplies the Board with information which, in his opinion, 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).
  • (6) The Chief Constable—
  • (a) must inform the Minister of Justice that the information has been supplied to the Board, and
  • (b) must inform the Minister of Justice and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5).
  • (7) This section applies to the Director General of the National Crime Agency as it applies to the Chief Constable.
  • (8) In the application of this section to the Director General of the National Crime Agency—
  • (a) each reference to the Chief Constable is to be read as a reference to the Director General;
  • (b) the reference in subsection (1) to the exercise of any of the Board’s functions is to be read as a reference to the exercise of any of the Board’s functions in relation to the National Crime Agency;
  • (c) if subsection (6) applies, the Director General must inform the Secretary of State of the matters set out in subsection (6)(a) and (b) (in addition to informing the Minister of Justice, in the case of subsection (6)(a) and (b), and the Board, in the case of subsection (6)(b));
  • (d) nothing in this section shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.
36A
  • (1) The Chief Constable may appoint a person to the Police Service of Northern Ireland for a fixed term not exceeding three years.
  • (2) Appointments under subsection (1) shall be in accordance with regulations under section 25 of the 1998 Act.
  • (3) A person shall not be appointed under subsection (1) to the rank of constable or the rank of a senior officer.
  • (4) The Department of Justice may by order make such modifications as it considers necessary or expedient to any provision of the 1998 Act or this Act in its application to persons appointed under subsection (1).
  • (5) The Department of Justice shall consult the Board and the Police Association before making an order under subsection (4).
47A
  • (1) The Board may if requested to do so by the Chief Constable authorise the appointment to the rank of constable in the Police Service of Northern Ireland of a specified number of persons—
  • (a) who have a specified policing skill, but
  • (b) who have not complied with the requirements in paragraphs (a) and (b) of section 36(3).
  • (2) The Board shall not give an authorisation under subsection (1) in relation to persons who have a particular policing skill unless it is satisfied—
  • (a) that the requirements of subsection (3) are met;
  • (b) that any further requirements which are specified by it under subsection (4) and which apply in relation to the giving of the authorisation are met.
  • (3) The requirements are—
  • (a) that there is a need for more persons who have the policing skill to be appointed to the rank of constable in the Police Service of Northern Ireland;
  • (b) that the need cannot be met by the appointment of persons who have complied with the requirements in paragraphs (a) and (b) of section 36(3).
  • (4) The Board may specify further requirements which apply in relation to the giving of an authorisation under subsection (1).
  • (5) Any requirements specified under subsection (4) may apply in relation to the giving of all authorisations under subsection (1) or to the giving of aparticular authorisation or description of authorisation.
  • (6) In this section “specified” means specified by the Board.

Notifiable memberships.

Supply of information by Ombudsman to Board.

Application to police of anti-discrimination legislation.

74A
  • (1) This section applies if information is supplied in the circumstances mentioned in subsection (2), (3), (4) or (5).
  • (2) The circumstances are that—
  • (a) the information is supplied by the Chief Constable to a person conducting an inquiry under section 60;
  • (b) the person has been appointed under section 60(9) to conduct the inquiry;
  • (c) in relation to the information, the Chief Constable informs the person as required by section 60(10B)(b) or (10D)(b).
  • (3) The circumstances are that—
  • (a) the information is supplied by the Chief Constable under section 33A to the Board;
  • (b) in relation to the information, the Chief Constable informs the Board as required by section 33A(4)(b) or (6)(b).
  • (4) The circumstances are that—
  • (a) the information is supplied by the Chief Constable under section 59 to the Board or a special purposes committee;
  • (b) in relation to the information, the Chief Constable informs the Board or the committee as required by section 59(4I)(b) or (4K)(b).
  • (5) The circumstances are that—
  • (a) the information is supplied by a person conducting an inquiry under section 60 or by a person who is assisting or has assisted in the conduct of such an inquiry to a special purposes committee;
  • (b) the information was supplied to the person conducting the inquiry in the circumstances mentioned in subsection (2).
  • (6) If information is supplied in the circumstances mentioned in subsection (2), the information must not be disclosed by the person who is conducting or has conducted the inquiry or by a person who is assisting or has assisted in the conduct of the inquiry except—
  • (a) to a person who is assisting in the conduct of the inquiry;
  • (b) to the Secretary of State;
  • (c) to the Chief Constable;
  • (d) to the Ombudsman, or an officer of the Ombudsman, in connection with any function of the Ombudsman;
  • (e) to a special purposes committee;
  • (f) for the purposes of any criminal, civil or disciplinary proceedings;
  • (g) in the form of a summary or other general statement made by the person the terms of which have been agreed with the Chief Constable.
  • (h) to the Minister of Justice or the Department of Justice.
  • (7) If information is supplied in the circumstances mentioned in subsection (3), (4) or (5), the information must not be disclosed by a person who is or has been a member of the Board or a member of the staff of the Board except—
  • (a) in the case of information supplied to the Board, to a member of the Board or a member of the staff of the Board;
  • (b) in the case of information supplied to a special purposes committee, to a member of the committee or a member of the staff of the Board who provides services to the committee;
  • (c) to the Secretary of State;
  • (d) to the Chief Constable;
  • (e) to the Ombudsman, or an officer of the Ombudsman, in connection with any function of the Ombudsman;
  • (f) for the purposes of any criminal, civil or disciplinary proceedings;
  • (g) in the form of a summary or other general statement made by the Board the terms of which have been agreed with the Chief Constable.
  • (h) to the Minister of Justice or the Department of Justice.
  • (7A) In subsections (7B) to (7D) “protected information” means information in relation to which the Chief Constable has given an opinion under section 33A(4)(b), 59(4I)(b) or 60(10B)(b).
  • (7B) Subsection (6)(h) does not authorise the disclosure of any protected information.
  • (7C) In the case of protected information supplied to a special purposes committee, subsection (7)(h) does not authorise the disclosure of the information.
  • (7D) In the case of protected information supplied to the Board, a person disclosing the information by virtue of subsection (7)(h) must inform the Minister of Justice or the Department of Justice that the information is protected information.
  • (8) Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
  • (9) In this section—
  • “member of the staff of the Board” means—a person employed by the Board under paragraph 13(1) of Schedule 1;a person employed in the civil service who provides assistance for the Board in pursuance of arrangements made under paragraph 13(2) of Schedule 1; and
  • “officer of the Ombudsman” has the meaning given by section 50(1) of the 1998 Act.
76A
  • (1) For the purposes of sections 33A, 59, 60, 61 and 66, the grounds on which information ought not to be disclosed are that—
  • (a) it is in the interests of national security;
  • (b) the information is sensitive personnel information;
  • (c) the information would, or would be likely to, prejudice proceedings which have been commenced in a court of law.
  • (2) For the purposes of section 60, the grounds on which an inquiry ought not to be held are that—
  • (a) it is in the interests of national security;
  • (b) any matter into which inquiry is to be made is a sensitive personnel matter;
  • (c) the inquiry would, or would be likely to, prejudice proceedings which have been commenced in a court of law.
  • (3) “Personnel information” means information which relates to an individual’s holding of, application for or appointment to a relevant office or employment.
  • (4) “Personnel matter” means a matter which relates to an individual’s holding of, application for or appointment to a relevant office or employment.
  • (5) An office or employment is a relevant office or employment for the purposes of subsections (3) and (4) if the holder of it is under the direction and control of the Chief Constable.
  • (6) It is immaterial for the purposes of subsections (3) and (4) that the individual no longer holds the office or employment.

Authorisations under section 47A(1)

17A

The Board shall not give an authorisation under section 47A(1) unless a proposal to do so has been approved by each member of the Board present and voting on the question at a meeting of the Board.

Idemnities

10A

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Insurance against accidents

10B

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9A

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Restoration of devolved government under Northern Ireland (St Andrews Agreement) Act 2006

2A
  • (1) This paragraph applies if, by virtue of section 2(2) of the Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), the Secretary of State makes a restoration order under section 2(2) of the Northern Ireland Act 2000 providing for section 1 of that Act to cease to have effect on 26 March 2007.
  • (2) Where this paragraph applies, the effect of paragraph 2(1) and (2) is modified as follows.
  • (3) On 26 and 27 March 2007 Part II below shall continue to have effect in relation to the Board (and accordingly Part III below shall not have effect).
  • (4) On 28 March 2007—
  • (a) if the Secretary of State has made an order by virtue of section 2(3) of the Northern Ireland (St Andrews Agreement) Act 2006 revoking the restoration order with effect from that date, Part II below shall continue to have effect in relation to the Board;
  • (b) if he has not made such an order, Part III below shall come into effect on that date in relation to the Board (and accordingly Part II below shall cease to have effect).
15A

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21A
  • (1) A sub-group established under section 21 shall, not later than 2 months after the end of each financial year, submit to the district policing partnership for Belfast a general report on the exercise of its functions during that year.
  • (2) A report under subsection (1) shall include details of the arrangements made under section 21(2)(c).
  • (3) Before submitting any report under subsection (1), a sub-group shall consult the district commander of its police district.
21B
  • (1) The district policing partnership for Belfast shall, not later than 4 months after the end of each financial year, submit to the district council for Belfast a general report on the exercise during that year of—
  • (a) its functions;
  • (b) the functions of the sub-groups established under section 21.
  • (2) When the district policing partnership submits its report under subsection (1) it shall at the same time—
  • (a) send to the council copies of the sub-group reports for the year;
  • (b) send copies of its report and the sub-group reports for the year to the Board.
  • (3) If the district policing partnership has made arrangements under section 16(1)(c) the report under subsection (1) shall include details of the arrangements.
  • (4) Before submitting any report under subsection (1), the district policing partnership shall consult the district commander of each police district in the district of Belfast.
  • (5) The district council shall arrange for a report submitted under subsection (1) to be published in such manner as appears to the council to be appropriate.
  • (6) The district council may arrange for a sub-group report to be published with the report submitted under subsection (1) if—
  • (a) the council considers publication of the sub-group report to be appropriate, or
  • (b) the district policing partnership has requested the publication of the sub-group report.
  • (7) A “sub-group report” is a report submitted to the district policing partnership under section 21A.
21C
  • (1) A sub-group established under section 21 shall, whenever so required by the district policing partnership for Belfast, submit to the partnership a report on any matter which is specified in the requirement and is connected with the exercise of its functions.
  • (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 2 months from the date on which that requirement is made, or within such longer period as may be agreed between the sub-group and the partnership.
  • (3) The partnership may arrange for a report submitted under this section to be published in such manner as appears to the partnership to be appropriate.
  • (4) Subsection (3) does not apply if the partnership has imposed the requirement under subsection (1) to enable it to comply with a requirement imposed on it under section 21D(1).
21D
  • (1) The district policing partnership for Belfast shall, whenever so required by the Board, submit to the Board a report on any matter which is specified in the requirement and is connected with the exercise of—
  • (a) its functions, or
  • (b) the functions of a sub-group established under section 21.
  • (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 required period or such longer period as may be agreed between the district policing partnership and the Board.
  • (3) The required period is—
  • (a) 4 months from the date on which the requirement under subsection (1) is made, if the requirement relates wholly or in part to the functions of a sub-group;
  • (b) 3 months fromthe date on which the requirement under subsection (1) is made, in any other case.
  • (4) When the district policing partnership submits its report under subsection (1) it shall at the same time send to the Board copies of any related sub-group report.
  • (5) The Board may arrange for the publication, in such manner as appears to the Board to be appropriate, of—
  • (a) a report submitted under subsection (1);
  • (b) a related sub-group report.
  • (6) A “sub-group report” is a report submitted to the district policing partnership under section 21C.
  • (7) A sub-group report is related to a report submitted in pursuance of a requirement under subsection (1) if the district policing partnership imposed the requirement to submit the sub-group report to enable it to comply with the requirement under subsection (1).

Belfast district policing partnership

17

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SCHEDULE 3A

Interpretation

1
  • (1) In this Schedule—
  • “the council” means the district council for Belfast;
  • a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words “if appointed” for the words “if elected”;
  • “independent member”, in relation to a sub-group, means a member appointed under paragraph 2(4);
  • “local general election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962;
  • “the partnership” means the district policing partnership for Belfast;
  • “political member”, in relation to a sub-group, means a member appointed under paragraph 2(3);
  • “sub-group” means a sub-group established under section 21.
  • (1A) In this Schedule, in relation to a sub-group and the holding of a local general election—
  • “the transitional period” means the period—beginning with the election day; andending with the day before the reconstitution date;
  • “reconstitution date” means the date published by notice of the Board under paragraph 4(2A).
  • (2) For the purposes of this Schedule an independent member of the council shall be treated as a party.

Size and composition

2
  • (1) A sub-group shall consist of 11 members.
  • (2) The members of a sub-group need not be members of the partnership.
  • (3) Six of the members of a sub-group shall be appointed by the council from among members of the council in accordance with paragraph 3.
  • (4) Five of the members of a sub-group shall be appointed in accordance with paragraph 4.

Political members

3
  • (1) The council shall exercise its power to appoint political members of a sub-group so as to ensure that, so far as practicable, the political members of all the sub-groups, taken together, reflect the balance of parties prevailing among the members of the council immediately after the last local general election.
  • (2) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a political member in accordance with the terms of his appointment.
  • (3) A political member shall hold office until the date of the local general election next following his appointment.
  • (4) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place he is appointed.
  • (5) A political member shall cease to hold office if—
  • (a) he resigns by notice in writing to the council;
  • (b) he becomes disqualified for membership of a sub-group; or
  • (c) he ceases to be a member of the council.
  • (6) A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.
  • (7) Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph.

Independent members

4
  • (1) Appointments of independent members shall be made by the Board from among
  • (a) persons nominated by the council in accordance with paragraph 5; and
  • (b) persons who hold office as independent members of the partnership
  • (2) In appointing independent members of a sub-group the Board shall so far as practicable secure that the members of the sub-group (taken together) are representative of the community in the sub-group’s police district.
  • (2A) Where, following a local general election, the Board has completed the appointment of the independent members of the sub-group for a police district, it shall publish notice of the date which is to be the reconstitution date in relation to the sub-group for that police district.
  • (2B) Notice under sub-paragraph (2A) shall be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons.
  • (3) 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.
  • (4) An independent member shall hold office until the date of the local general election next following his appointment.
  • (5) 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.
  • (6) An independent member shall cease to hold office if—
  • (a) he resigns by notice in writing to the council; or
  • (b) he becomes disqualified for membership of a sub-group.
  • (7) A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.
  • (8) Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraphs (1) and (2) of this paragraph shall have effect subject to this sub-paragraph.

The council’s nominations

5
  • (1) Where appointments are to be made of independent members of a sub-group, the council shall nominate persons willing to be candidates for appointment.
  • (2) Unless otherwise agreed with the Board, the number of persons to be nominated under sub-paragraph (1) on any occasion shall be twice the number of appointments to be made of independent members.
  • (3) The council shall notify the Board of—
  • (a) the name of each person nominated by it under sub-paragraph (1); and
  • (b) such other information regarding those persons as it considers appropriate.
  • (4) In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Board of—
  • (a) whether the person is also willing to be a candidate for appointment as an independent member of any other sub-group;
  • (b) the sub-group or sub-groups concerned, if he is so willing;
  • (c) whether the person is also willing to be a candidate for appointment as an independent member of the partnership.
  • (5) A person shall not be nominated under sub-paragraph (1) if—
  • (a) he is disqualified for membership of a sub-group, or
  • (b) he has not made a declaration against terrorism.
  • (6) Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Board may itself nominate such number of candidates as when added to the number nominated by the council equals twice the number of appointments to be made.
  • (7) If the Board does so, paragraph 4(1) shall have effect as if those persons had been nominated by the council.

Code of practice on appointment of independent members

6
  • (1) In exercising functions under paragraphs 4 and 5, the council and the Board shall have regard to any code of practice under this paragraph.
  • (2) The Department of Justice may issue, and from time to time revise, a code of practice containing guidance as to the exercise by the council and the Board of their functions under paragraphs 4 and 5.
  • (3) Before issuing or revising a code of practice under this paragraph, the Department of Justice shall consult—
  • (a) the Board;
  • (b) the council; and
  • (c) the Equality Commission for Northern Ireland.
  • (4) The Department of Justice shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to the Department of Justice to be appropriate.

Removal of members from office

7
  • (1) The Board, or the council with the approval of the Board, may remove a person from office as a political or independent member of a sub-group if satisfied that—
  • (a) in the case of an independent member, he failed to make the necessary disclosure in relation to a conviction of his for a criminal offence in Northern Ireland or elsewhere;
  • (b) in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;
  • (c) he has been convicted in Northern Ireland or elsewhere after the date of his appointment of a criminal offence (whether committed before or after that date);
  • (d) he has become bankrupt or made a composition or arrangement with his creditors;
  • (e) he has failed to comply with the terms of his appointment; or
  • (f) he is otherwise unable or unfit to discharge his functions as a member of the sub-group.
  • (2) “The necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—
  • (a) before his nomination, to the council;
  • (b) before his appointment, to the Board.
  • (3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.
  • (4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—
  • (a) in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 ”;
  • (b) omit subsection (4);
  • (c) in subsection (5), in the definition of “public meeting” after paragraph (c) insert—

(d) any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and (e) any meeting of a district policing partnership or a committee of a district policing partnership (whether or not a meeting which the public is permitted to attend),

.

Disqualification

8
  • (1) A person is disqualified for membership of a sub-group if he is—
  • (a) a police officer;
  • (b) a member of the police support staff;
  • (c) a member of the Board; or
  • (d) an employee of the council.
  • (2) A person removed from office under paragraph 7(1) is disqualified for membership of a sub-group until the date of the next local general election following his removal.
  • (3) A person is disqualified for being an independent member of a sub-group if—
  • (a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and
  • (b) the relevant period has not ended.
  • (4) The relevant period is the period of five years beginning with the person’s discharge in respect of the offence.
  • (5) For the purposes of sub-paragraph (4) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—
  • (a) his release on licence;
  • (b) his release in pursuance of a grant of remission.
  • (6) Sub-paragraph (5) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.
  • (7) Subject to sub-paragraph (8), the reference in sub-paragraph (3) to a sentence of imprisonment or detention does not include a suspended sentence.
  • (8) Sub-paragraph (7) does not apply in relation to a suspended sentence that has been ordered to take effect.
  • (9) In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.

Chairman and vice-chairman

9
  • (1) For each sub-group there shall be a chairman appointed by the council from among the political members.
  • (2) In making appointments to the office of chairman, the council shall ensure that, so far as is practicable—
  • (a) a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following his appointment;
  • (b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.
  • (3) Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman in accordance with the terms of his appointment.
  • (4) A person may at any time resign as chairman by notice in writing to the council.
  • (5) If the chairman ceases to be a member of the sub-group, he shall also cease to hold office as chairman.

Allowances

10

The council may pay to the chairman, vice-chairman and other members of a sub-group such allowances as the council, with the approval of the Board, may determine.

Indemnities

11

The council may indemnify a member of a sub-group in respect of liability incurred by him in connection with the business of the sub-group.

Insurance against accidents

12
  • (1) The council may insure against risks of a member of a sub-group meeting with a personal accident, whether fatal or not, while he is engaged on the business of the sub-group.
  • (2) Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the sub-group.
  • (3) The council shall pay the sum to the member or his personal representatives, after deducting any expenses incurred in its recovery.
  • (4) The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 do not apply to any insurance under this paragraph.

Finance

13

The Board shall for each financial year make to the council a grant equal to three-quarters of the expenses reasonably incurred by the council in that year in connection with the establishment of, or the exercise of functions by, sub-groups.

Procedure

14
  • (1) The quorum for a meeting of a sub-group shall be 5.
  • (2) Every question at a meeting of a sub-group 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.
  • (3) If the chairman and vice-chairman are absent from a meeting of a sub-group, the members present shall elect one of their number to act as chairman of the meeting.
  • (4) Subject to sub-paragraphs (1) to (3) and to section 19 and to any directions given by the partnership, a sub-group may regulate its own procedure.

Validity of proceedings

15

The validity of any proceedings of a sub-group 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.

Disclosure of pecuniary interests, family connections, etc.

16

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) apply to a sub-group and its members as if—

  • (a) in those sections—
  • (i) any reference to a council were a reference to the sub-group;
  • (ii) any reference to a councillor were a reference to a member of the sub-group;
  • (iii) any reference to the clerk of the council were a reference to the person acting as secretary of the sub-group;
  • (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

17
  • (1) A sub-group may constitute a committee of its members.
  • (2) A sub-group shall constitute a committee of its members if directed to do so by the partnership.
  • (3) A committee of a sub-group shall consist of 5 or more members of the sub-group.
  • (4) The members of a committee of a sub-group shall be appointed by the sub-group.
  • (5) A sub-group may delegate any of its functions to a committee constituted by it.
  • (6) The powers of a committee of a sub-group shall be exercised in accordance with and subject to directions given by the sub-group.
  • (7) The proceedings of a committee of a sub-group shall be regulated in accordance with and subject to directions given by the sub-group.
  • (8) The approval of the partnership is required to—
  • (a) the constitution of a committee under sub-paragraph (1);
  • (b) the members of a committee of a sub-group to be appointed under sub-paragraph (4);
  • (c) the functions to be delegated to a committee under sub-paragraph (5);
  • (d) the exercise by a committee of any functions delegated to it under sub-paragraph (5);
  • (e) the directions to be given to a committee under sub-paragraphs (6) and (7).

Examinations.

Reports by Ombudsman to Chief Constable and Board.

Places of detention: lay visitors.

Attendance of Director General of NCA at meetings

19A
  • (1) The Director General of the National Crime Agency must attend a meeting of the Board if the Board gives the Director General a reasonable period of notice of the meeting.
  • (2) The Director General may not be given notice under this paragraph of a meeting that is to be held in accordance with—
  • (a) paragraph 18, except where section 60 applies in relation to a report on any relevant NCA matter submitted by the Director General of the National Crime Agency under section 59, or
  • (b) paragraph 19.

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