Police (Northern Ireland) Act 2003

Part 1 — Policing

Consultation by Secretary of State

Accounts and audit

1

In section 24 of the Police (Northern Ireland) Act 2000 (c. 32) (Secretary of State’s long term policing objectives) for subsection (2) substitute—

(2) Before determining or revising any objectives under this section, the Secretary of State shall consult the Board with a view to obtaining its agreement to the proposed objectives or revision. (2A) Before determining or revising any objectives under this section, the Secretary of State shall also consult— (a) the Chief Constable; (b) the Ombudsman; (c) the Northern Ireland Human Rights Commission; (d) the Equality Commission for Northern Ireland; and (e) such other persons as the Secretary of State considers appropriate.

Codes of Practice

2

In section 27 of the Police (Northern Ireland) Act 2000 (c. 32) (codes of practice on exercise of functions) for subsection (2) substitute—

(2) Before issuing or revising a code of practice under this section, the Secretary of State shall consult the Board with a view to obtaining its agreement to the proposed code of practice or revision. (2A) Before issuing or revising a code of practice under this section, the Secretary of State shall also consult— (a) the Chief Constable; (b) the Ombudsman; (c) the Northern Ireland Human Rights Commission; (d) the Equality Commission for Northern Ireland; and (e) such other persons as the Secretary of State considers appropriate.

The Northern Ireland Policing Board

Board’s policing objectives

3

• (1) Section 25 of the Police (Northern Ireland) Act 2000 (Board’s policing objectives) is amended as follows.

• (2) In subsection (2) omit the words from “but” to the end.

• (3) In subsection (3) before paragraph (a) insert—

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

.

Confiscation of alcohol: young persons

4

• (1) In paragraph 19(2) of Schedule 1 to the Police (Northern Ireland) Act 2000 (public meetings of the Board) for “ten” substitute “ eight ”

• (2) Paragraph 19(3) of Schedule 1 to that Act shall cease to have effect.

• (3) Subsection (1) has effect in relation to years ending on or after the day on which this Act is passed.

Contracts relating to detention and escort services

5

After section 5 of the Police (Northern Ireland) Act 2000 insert—

(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.

Funding for pension purposes

6

• (1) The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in subsections (2) to (11).

• (2) In section 9(1) (grants to the Board) for “a grant for police purposes” substitute—

— (a) a grant for pension purposes; (b) a grant for other police purposes.

• (3) In section 9(2) for “A grant” substitute “ Grants ”

• (4) In section 10 (funding for police purposes: ancillary provisions) for subsection (1) substitute—

(1) The Board shall prepare and submit to the Secretary of State, at such times and in such form as the Secretary of State may direct— (a) estimates of the receipts and payments of the Board for pension purposes during such period as may be specified in the direction; (b) estimates of the receipts and payments of the Board for other police purposes during such period as may be specified in the direction. (1A) The Board shall submit to the Secretary of State such other information relating to the estimates submitted under subsection (1) as he may require.

• (5) In section 10(2)—

• (a) for “A draft” substitute “ Drafts ”

• (b) after “payments for” insert “ pension purposes and other ”

• (6) In section 10(3)(a) for “draft” substitute “ drafts ”

• (7) In section 10(4) after “police purposes” insert “ other than pension purposes ”

• (8) In section 10 after subsection (4) insert—

(4A) The Board shall in each financial year put at the disposal of the Chief Constable for pension purposes— (a) an amount equal to the amount of the grant for pension purposes received in that year by the Board under section 9(1)(a); (b) any amount received by the Board in that year which is required to be applied for pension purposes by directions under subsection (4) or by any other statutory provision.

• (9) In section 10 for subsection (5) substitute—

(5) The Board shall in each financial year put at the disposal of the Chief Constable for other police purposes— (a) an amount equal to the amount of the grant for other police purposes received in that year by the Board under section 9(1)(b); (b) any amount received by the Board in that year which is required to be applied for other police purposes by subsection (4) or directions under that subsection or by any other statutory provision.

• (10) In section 27(1)(b) (codes of practice on exercise of functions by Chief Constable) for “section 10(5)” substitute “ section 10(4A) or (5) ”

• (11) In section 77(1) (interpretation) after the definition of “the Ombudsman” insert—

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

.

• (12) Subsections (1) to (11) have effect in relation to financial years ending on or after 31st March 2004.

Accounts and audit

7

• (1) Section 12 of the Police (Northern Ireland) Act 2000 (c. 32) (accounts and audit) is amended as set out in subsections (2) to (7).

• (2) In subsection (1) for “all amounts put at the Chief Constable’s disposal under section 10(5)” substitute “ each of the amounts specified in subsection (1A) ”

• (3) After subsection (1) insert—

(1A) The amounts are— (a) the amounts put at the Chief Constable’s disposal under section 10(4A); (b) any amount received by the Board and paid into the Police Fund in accordance with regulations under section 28(1) of the Police (Northern Ireland) Act 1998; (c) any amount received by the Board and paid into the Police Property Fund in accordance with regulations under section 31(4) of that Act; (d) the other amounts put at the Chief Constable’s disposal under section 10(5) of this Act.

• (4) In subsection (3) for “The statement of accounts” substitute “ Each statement of accounts required under subsection (1) ”

• (5) In subsection (4) for “the statement” substitute “ each statement ”and for “they” substitute “ the accounts ”

• (6) In subsection (5) for “the statement” substitute “ each statement ”

• (7) In subsection (6)(b) for “the statement” substitute “ each statement ”and after “his report” insert “ on it ”

• (8) Subsections (1) to (7) have effect in relation to financial years ending on or after 31st March 2004.

Performance summaries

8

• (1) Section 28 of the Police (Northern Ireland) Act 2000 (arrangements relating to economy, efficiency and effectiveness) is amended as set out in subsections (2) to (5).

• (2) In subsection (5) omit paragraph (c) and the word “and” immediately preceding it.

• (3) After subsection (5) insert—

(5A) The Board shall prepare and publish for each financial year a summary (its “performance summary”) of the Board’s assessment of— (a) its and the Chief Constable’s performance in the year measured by reference to performance indicators; (b) the extent to which any performance standard which applied at any time during that year was met. (5B) The performance summary for a financial year may be published— (a) with a report issued under section 57(1) for the year, or (b) with the performance plan for the following year.

• (4) In subsection (6) after “performance plan” insert “ or publishing its performance summary ”

• (5) In subsection (7) at the end insert—

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

.

• (6) Subsections (1) to (5) have effect in relation to financial years ending on or after 31st March 2004.

Performance summaries: supplementary

9

• (1) Part 5 of the Police (Northern Ireland) Act 2000 (c. 32) (economy, efficiency and effectiveness) is amended as set out in subsections (2) to (8).

• (2) In section 29 (audit of performance plans) in subsection (1) after “performance plan” insert “ and a performance summary ”

• (3) In section 29(2) after “performance plan” insert

or a performance summary and after “the plan” insert or summary

• (4) In section 29 after subsection (4) insert—

(4A) In relation to a performance summary, the Comptroller and Auditor General shall issue a report— (a) certifying that he has audited the summary; (b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28; (c) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28; (d) recommending whether the Secretary of State should give a direction under section 31(2)(a).

• (5) In section 29(6) after “performance plan” insert “ or a performance summary ”

• (6) In section 29(7) after “subsection (4)” insert “ or paragraph (c) or (d) of subsection (4A) ”

• (7) In section 31 (enforcement of duties under section 28) in subsection (1) after “section 29(4)” insert “ or (4A) ”

• (8) In section 31 for subsection (3) substitute—

(3) The Secretary of State shall have regard to any relevant statement before— (a) giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of section 29(4)(c), (d) or (e); (b) giving a direction under subsection (2)(a) following a recommendation contained in a report by virtue of section 29(4A)(c) or (d). (4) A relevant statement is a statement submitted to the Secretary of State under section 29(10) before the end of the period mentioned in section 29(8).

• (9) Subsections (1) to (8) have effect in relation to financial years ending on or after 31st March 2004.

Reports and inquiries

Reports of Chief Constable

10

• (1) Section 59 of the Police (Northern Ireland) Act 2000 (c. 32) (general duty of Chief Constable to report to Board) is amended as set out in subsections (2) to (4).

• (2) For subsection (3) substitute—

(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 any of the grounds mentioned in section 76A(1).

• (3) In subsection (4) for the words from “in order to” to the end substitute “ for either or both of the purposes mentioned in subsection (4A).”

• (4) After subsection (4) insert—

(4A) The purposes are— (a) exempting the Chief Constable from the obligation to report to the Board information which, in the opinion of the Secretary of State, ought not to be disclosed on any of the grounds mentioned in section 76A(1); (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); (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 information to a committee under subsection (4D), or (b) the Chief Constable includes information in a report to the Board and is of the opinion that the information is information of a kind mentioned in paragraph (a) or (b) of subsection (4C). (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; (b) inform the Secretary of State and the recipient of the information that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (4C).

• (5) Subsections (1) to (4) have effect in relation to a requirement to submit a report under section 59(1) of the Police (Northern Ireland) Act 2000 (c. 32) if—

• (a) the Chief Constable has not referred the requirement to the Secretary of State under section 59(3) of that Act before the day on which this Act is passed;

• (b) the Chief Constable has referred the requirement to the Secretary of State under section 59(3) of that Act before that day but the Secretary of State has not before that day decided whether to modify or set aside the requirement under section 59(4) of that Act.

Inquiries by Board

11

• (1) Section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board following report by Chief Constable) is amended as set out in subsections (2) to (4).

• (2) For subsection (3) substitute—

(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 any of the grounds mentioned in section 76A(2).

• (3) In subsection (5) for “should not be held on a ground mentioned in subsection (3)” substitute “ ought not to be held on any of the grounds mentioned in section 76A(2) ”

• (4) After subsection (10) insert—

(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— (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). (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; (b) inform the Secretary of State, 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 (10A).

• (5) Subsections (1) to (4) have effect in relation to a decision of the Board to cause an inquiry to be held under section 60 of the Police (Northern Ireland) Act 2000 (c. 32) if—

• (a) the Chief Constable has not referred the decision to the Secretary of State under section 60(3) of that Act before the day on which this Act is passed;

• (b) the Chief Constable has referred the decision to the Secretary of State under section 60(3) of that Act before that day but the Secretary of State has not before that day decided whether to overrule the decision under section 60(4) of that Act.

Approval of proposals relating to inquiries by Board

12

• (1) Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 (procedure for decisions of Board relating to inquiries under section 60) is amended as set out in subsections (2) to (4).

• (2) In sub-paragraph (3) for “that day” substitute “ the day on which the chairman calls the meeting ”

• (3) In sub-paragraph (5) after “by” insert—

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

.

• (4) In sub-paragraph (6)—

• (a) for “10” substitute “ 8 ”;

• (b) for “9” substitute “ 7 ”;

• (c) for “8” substitute “ 6 ”

• (5) Subsections (1) to (4) have effect in relation to meetings under paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 called on or after the day on which this Act is passed.

The Police Ombudsman

Investigations into current police practices and policies

13

• (1) After section 60 of the Police (Northern Ireland) Act 1998 (c. 32) insert—