2000 Chapter 32

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These notes refer to the Police (Northern Ireland) Act 2000 (c.32)
which received Royal Assent on 23 November 2000

Police (Northern Ireland) Act 2000

EXPLANATORY NOTES

INTRODUCTION

1. These explanatory notes relate to the Police (Northern Ireland) Act 2000, which received Royal Assent on 23 November 2000. They have been prepared by the Northern Ireland Office in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament.

2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. Where a section or part of a section does not seem to require any explanation or comment none is given.

SUMMARY

3.     The purpose of the Act is to implement the recommendations of the Independent Commission on Policing for Northern Ireland in its report, "A New Beginning: Policing in Northern Ireland" which were accepted by the Government following consultation.

4.     The Independent Commission, chaired by ChrisPatten, was set up as part of the Good Friday Agreement and tasked with bringing forward proposals which would produce a police service capable of attracting and sustaining support from across Northern Ireland as a whole. The Commission's report (the "Patten Report") was published on 9 September 1999.

5.     A number of the Patten Report's recommendations have been taken forward in the Act. Other recommendations involve administrative and structural changes which do not require changes in the law. The Government's overall approach to implementation of the Patten Report is set out in the "Report of the Independent Commission on Policing for Northern Ireland: Implementation Plan" (June 2000) published by the Northern Ireland Office. The Government is committed to issuing a revised Implementation Plan now that the Act has been passed.

6.     The main provisions of the Act are:

• to provide for the name of the police in Northern Ireland;

• to provide for the establishment of a Northern Ireland Policing Board to replace the Police Authority for Northern Ireland;

• to require district councils to establish district policing partnerships;

• to make changes to the police planning and objective setting process and introduce new efficiency arrangements;

• to make changes in respect of the police including: a new declaration, a code of ethics for police officers to be issued by the Policing Board, to provide for police officers to inform the Chief Constable of any "notifiable memberships", to enable the Secretary of State to regulate the flags and emblems of the police;

• to enable the contracting out of the recruitment of police officers; for special recruitment measures to redress the current imbalance in the composition of the police and its support staff in terms of community background and to provide for severance arrangements for police officers;

• to enable the Policing Board to perform its function of holding the police to account through reporting and inquiry arrangements and to require the Board to monitor and assess police performance;

• to make new provisions affecting the Police Ombudsman.

• to repeal and replace parts of existing policing legislation in the Police (Northern Ireland) Act 1998 (the "1998 Act").

• to provide for a Commissioner to oversee the implementation of changes in the policing of Northern Ireland.

OVERVIEW

7.     The Act has 9 parts and 8 Schedules.

• Part I (Name of the Police in Northern Ireland) provides for the body of constables known as the Royal Ulster Constabulary to continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary). It requires that, for operational purposes, that body of constables be styled "Police Service of Northern Ireland." Corresponding arrangements are made for the RUC Reserve to be styled the "Police Service of Northern Ireland Reserve".

• Part II (The Northern Ireland Policing Board) creates the Northern Ireland Policing Board to replace the Police Authority for Northern Ireland (which is dissolved) and sets out its general functions. Schedule 1 sets out the arrangements for appointments to the Board, whether during suspension of devolved Government or during devolved Government, as well as staffing, funding and procedural issues. The Police Authority's functions, assets, liabilities and staff are transferred to the Board (Schedule 2).

• Part III (District and Community Policing Arrangements), provides for the establishment of district policing partnerships by district councils, and sets out their functions and reporting arrangements. It makes special arrangements for Belfast to have sub-groups of the district policing partnership, for other community consultation arrangements, for local policing plans and for police districts to correspond to district policing partnership areas. Schedule 3 governs appointments and procedural matters for district policing partnerships.

• Part IV (Policing Objectives, Plans and Codes of Practice) provides for the police planning process and defines the roles of the Secretary of State, the Policing Board and the Chief Constable in that process.

• Part V (Economy, Efficiency and Effectiveness) introduces measures to require the Policing Board to secure continuous improvement in the efficient and effective exercise of its and the Chief Constable's functions.

• Part VI (The Police) sets out the general duty of members of the police and the duties of the Chief Constable. It deals with recruitment to the police including provisions for contracting out functions and for special arrangements on appointments (so called 50/50 recruitment) and severance arrangements. Other significant new provisions include: a new declaration to be made by recruits and brought to the attention of existing officers; the attestation of constables following recruit training; the notification of membership of outside organisations by police officers; the making of action plans on gender and the issue of a code of ethics for the guidance of police officers, by the Policing Board; the issue of guidance by the Secretary of State on public order equipment; the making of regulations on police flags and emblems and arrangements for co-operation with the Garda Siochana.

• Part VII (Reports and Inquiries) requires annual reports by the Board and Chief Constable and gives the Policing Board power to request reports from the Chief Constable on any aspect of policing and to cause an inquiry to be held into any matter in a report if it considers it to be grave or if there are exceptional circumstances. The Part sets out safeguards on the use of the report and inquiry powers.

• Part VIII (Police Ombudsman) principally inserts new provisions in Part VII of the 1998 Act. It empowers the Ombudsman to report on police policies and practices arising from investigations and creates a regulation making-power for the Secretary of State to impose time limits for complaints. It also provides for mediation of certain complaints.

• Part IX (Miscellaneous and Supplementary) provides for the appointment of a Commissioner to oversee the implementation of changes in the policing of Northern Ireland (Schedule 4 sets out the terms of appointment of the Commissioner and other detailed matters concerning his office); enables the Secretary of State to establish a Royal Ulster Constabulary GC Foundation to mark the sacrifices and honour the achievement of the Royal Ulster Constabulary; requires the video recording of police interviews; requires the Policing Board to make arrangements for "lay visitors" and amends (in Schedule5) anti-discrimination legislation in its application to the police. Schedules 6 to 8 deal with amendments, transitory provisions and repeals.

COMMENTARY

PART I : NAME OF THE POLICE IN NORTHERN IRELAND

Section 1: Name of the police in Northern Ireland

PART II: THE NORTHERN IRELAND POLICING BOARD

Section 2: The Northern Ireland Policing Board

9.     This section provides for the establishment of a Northern Ireland Policing Board to replace the Police Authority for Northern Ireland. The Police Authority is dissolved on the creation of the Board (subsection (3)).

10.     The detail of the Policing Board's status, membership, constitution (including arrangements for appointment under direct rule and devolved government), staff, funding and procedural matters are set out in Schedule 1 to the Act. These matters are described more fully in the note on Schedule 1.

11.     Subsection (4) and Schedule 2 of the Act deal with the transfer of property, liabilities and staff of the Police Authority to the Board.

Section 3: General Functions of the Board

12.     The general functions of the Board are to maintain the police and to ensure the police, police support staff and traffic wardens are efficient and effective. In particular, the Board must in discharging those functions hold the Chief Constable to account for the exercise of his functions (subsection (3)) and have regard to the principle of impartiality (subsection (4)).

13.     The Board is required to monitor or assess the performance of the police, including in carrying out their general duty under the Act and in complying with the Human Rights Act. It is also required to assess the effectiveness of district policing partnerships and community consultation arrangements and the effectiveness of the code of ethics. It must also keep itself informed as to complaints against the police, crime trends, recruitment to, and the representativeness of, the police. Subsection (3) also requires the Board to make arrangements for obtaining public co-operation with the police in preventing crime.

14.     The Board is required to co-ordinate its activities with, and co-operate with, other statutory bodies in carrying out its functions (subsection (4)). It is also obliged to have regard to the policing plan and any codes of practice issued on the exercise of its functions.

Section 4: Police Support Staff

16.     Subsections (1)-(4) enable the Policing Board, with the approval of the Secretary of State, directly to employ staff or to make arrangements for the secondment of civil servants to assist the police.

17.     Subsection (5) makes it clear that the Chief Constable is responsible for the management of police support staff. This includes the power to engage and dismiss directly recruited staff other than senior employees - where appointment and dismissal will be dealt with by the Board. Seconded civil servants are appointed through the Civil Service Commission for Northern Ireland and may not be dismissed as civil servants by the Chief Constable.

18.     Subsection (6) defines the term "police support staff". It means those staff who are employed by, or seconded to, the Policing Board, and under the direction and control of the Chief Constable. It does not include staff working for the Board itself about whom provision is made by Part IV of Schedule 1 to the Act.

19.     These arrangements are much the same as those already applying to police support staff under existing legislation. The main change is that the Board will appoint senior members of the support staff. While in employment, senior employees will be under the direction and control of the Chief Constable, but the power to engage and dismiss will reside with the Board.

Section 5: Power to Transfer Staff to Employment of Board

20.     This section provides a regulation-making power by which the Secretary of State may transfer civil servants who are seconded to the police support staff to the employment of the Policing Board. It replaces section 4 of the 1998 Act.

Section 6: Provision and Maintenance of Buildings and Equipment

21.     This section replaces section 5 of the 1998 Act with minor amendments which remove some of the Secretary of State's detailed controls. It sets out the Policing Board's duties on the provision and maintenance of buildings and equipment for police purposes.

22.     The Policing Board will be the legal owner of all police buildings and equipment. However, subsection (3) requires that the Policing Board's powers to provide and maintain buildings and equipment are to be exercised by the Chief Constable. He will be responsible for management of these matters. The Board's power to own buildings and equipment for its own purposes are provided for by paragraph 1(2) of Schedule 1 to the Act.

Section 7: Acquisition and Disposal of Land

23.     This section sets out the responsibilities of the Policing Board with regard to acquiring and disposing of land for police purposes. It replaces section 6 of the 1998 Act with minor amendments which remove some of the Secretary of State's detailed controls. Under subsections (2)-(4) the Policing Board can acquire land for police purposes compulsorily by asking the Secretary of State to make an order vesting land in the Board.

Section 8: Provision of Advice and Assistance to International Organisations

24.     This section replaces section 8 of the 1998 Act. It enables the Policing Board, subject to the consent of the Secretary of State, to provide advice and assistance to international organisations, such as the United Nations, and to any organisation outside the UK which is engaged in policing activities. This includes facilitating temporary secondments of police officers.

Sections 9 and 10: Funding Arrangements for Policing

25.     These sections replace sections 9 and 10 of the 1998 Act respectively. Section 9 provides for the Secretary of State to make a grant to the Policing Board for policing purposes.

26.     Under subsections (1) and (2) of section 10 the Board is required to submit estimates for policing to the Secretary of State on the basis of draft estimates prepared by the Chief Constable. Under subsection (5) of section 10 the Policing Board is required to put the annual police grant, and any other amounts received, at the disposal of the Chief Constable who is operationally responsible for managing financial resources. Funding arrangements for the Board itself - as opposed to the grant it receives to fund policing - are dealt with under Schedule 1 to the Act.

Section 11: Charges for Special Services

27.     This section enables the Chief Constable to provide special police services subject to payment. An example might be supervising an event on private land. It replaces section 11 of the 1998 Act.

Section 12: Accounts and Audit

28.     This section sets out the accounting systems and procedures that are required in respect of police funding. It replaces section 12 of the 1998 Act, with some amendment. The Policing Board is required to keep proper accounts and records of police expenditure and to prepare an annual statement of accounts. Subsection (2) requires these Board functions to be exercised by the Chief Constable. He is required to submit the statement of accounts to the Board. Subsection (5) requires the Policing Board to send the statement of accounts to the Secretary of State and the Comptroller and Auditor General for certification.

PART III: DISTRICT AND COMMUNITY POLICING ARRANGEMENTS

Section 14: Establishment of District Policing Partnerships

29.     This section places each district council in Northern Ireland under a duty to establish a district policing partnership for its council area and gives effect to Schedule 3 which governs how partnerships should be established, including size and composition, and sets out certain procedural issues.

30.     The effect is to provide for the establishment of up to 26 district policing partnerships. Under paragraph 16 of Schedule 3 the Secretary of State may, by order, provide, with the agreement of the Board and any council affected by the order, that 2 or more district councils can form a joint partnership.

Section 15: Default of Council

31.     This section sets out the Secretary of State's powers to direct a district council to establish a district policing partnership where it has not done so, or to remedy a defect in the appointment or procedures of a partnership. If the council fails to comply the Secretary of State may, by order, empower the Policing Board to establish a partnership.

Section 16: General Functions

32.     This section sets out the functions of a district policing partnership and requires the partnerships to have regard to a code of practice, made by the Board under section 19, in carrying out these functions.

33.     The role of a district policing partnership is primarily a consultative one. The functions set out in this section include expressing views to the police; monitoring police performance against the policing plan and the local policing plan; making arrangements to obtain the views of the public on policing and the co-operation of the public with the police; and acting as a general forum for discussion and consultation on the policing of the district.

Section 17: Annual Report to Council

34.     This section requires each partnership to submit an annual report on the exercise of its functions to its district council, after consultation with the district commander. At the same time each partnership must send a copy of the report to the Board. The councils must publish the reports.

Section 18: Reports to Board

35.     This section requires a partnership to submit a report to the Policing Board on any matter connected with the exercise of the partnership's functions when asked to do so by the Board. The Board may arrange for such reports to be published.

Section 19: Code of Practice

36.     This section provides for the Policing Board to issue, with the Secretary of State's consent and after consulting the district councils and the Chief Constable, a code of practice on the exercise of the functions of the district policing partnerships.

37.     The section sets out areas which the code may cover, including arranging meetings with the police, arrangements for enabling questions to be put to the police, monitoring police performance, and obtaining the views and co-operation of the public. The code must be published.

Section 20: Police Districts

38.     This section makes the area of each district council, other than Belfast, a police district and requires the Chief Constable to appoint for each of these a district commander of at least chief inspector rank. For Belfast, given its size, there may be up to 4 police districts.

Section 21: District policing partnership sub-groups for Belfast

39.     This section requires the Belfast district council to establish a sub-group for each of its police districts. Each sub-group will consist of at least 6 members of the partnership and the function of each will be to provide views to the district commander of their district and to the partnership on any matter concerning policing of that district.

Section 22: Local Policing Plan

40.     This section requires each district commander to publish, after consultation with the district policing partnership, a local policing plan. This will set out arrangements for the policing of the district. These must be consistent with the policing plan published by the Board.

Section 23: Other Community Policing Arrangements

41.     This section enables either the district policing partnerships with the approval of the Board or, in the case of default by a partnership, the Board, to make arrangements to facilitate consultation between the police and any local community. The Chief Constable must be consulted before such arrangements are made. The section provides for consultation at a level below district policing partnerships and recognises the role of the current community and police liaison committees.

PART IV: POLICING OBJECTIVES, PLANS AND CODES OF PRACTICE

Sections 24 and 25: The Secretary of State's and Board's Policing Objectives

42.     These sections provide for the setting of strategic objectives for policing and the issuing of the Board's policing plan each year. They replace and simplify the objective setting and planning process set out in Part II of the 1998 Act. Section 24 requires the Secretary of State to set long-term objectives for policing in Northern Ireland after consulting the Board and the Chief Constable. Section 25 requires the Board to set objectives for policing after consulting the Chief Constable and district policing partnerships and after considering any reports by district policing partnerships or other views raised by members of the community. The Board's objectives must be consistent with the strategic objectives set by the Secretary of State.

Section 26: The Board's Policing Plan

43.     This section requires the Board to issue a policing plan before April each year. The plan will be drafted by the Chief Constable and submitted to the Board for its approval and publication. The Board may, after consulting the Chief Constable, amend the draft plan and must consult the Secretary of State before publication.

44.     Subsection (2) requires that the policing plan contain an assessment of police training and education needs. It also enables the Secretary of State to set out, in regulations, any other minimum requirements as to what the policing plan should cover such as performance targets set by the Board. Before making these regulations the Secretary of State must consult the Board and the Chief Constable. The Government made draft regulations available to members of the Standing Committee which considered the Bill in the House of Commons.

Section 27: Codes of Practice on Exercise of Functions

45.     This section replaces, with some modifications, section 38 of the 1998 Act. It allows the Secretary of State to issue codes of practice to the Board and, in relation to planning, efficiency, financial and other resources and support staff, to the Chief Constable. The Secretary of State must consult the Board, Chief Constable and such other persons or bodies as the Secretary of State considers appropriate on any code and must publish it.

PART V: ECONOMY, EFFICIENCY AND EFFECTIVENESS

Sections 28-31: Arrangements Relating to Economy, Efficiency and Effectiveness

46.     Sections 28-31 require the Policing Board to make arrangements to improve the economy, efficiency and effectiveness in the discharging of its functions and those of the Chief Constable. As part of the arrangements the Board is required to review these functions and to publish a performance plan showing how the Board's arrangements are to be implemented (section 28(4)). The Board is obliged to involve the Chief Constable when it makes arrangements in respect of his functions (section 28(3)). Section 29 provides for the Board's performance plan to be audited by the Comptroller and Auditor General and section 30 enables the Comptroller and Auditor General to carry out inspections to examine the Board's compliance with its obligation to improve its functions. The Comptroller and Auditor General can recommend amendments to a performance plan (section 29(4)(c) and (d)) or recommend that the Secretary of State take action if the Board is failing in its duty (sections 29(4)(e) and 30(6)(b)).

47.     Under section 31, if, on receipt of an adverse report by the Comptroller and Auditor General or Her Majesty's Inspector of Constabulary, the Secretary of State is satisfied that the Board is failing to comply with its duties under section 28, he can direct it to take any remedial action he considers necessary or require it to amend its performance plan.

48.     The provisions of Part V are, in part, analogous to Best Value arrangements which apply to police authorities and forces in England and Wales under the Local Government Act 1999.

PART VI: THE POLICE

Section 32: General Functions of the Police

49.     This section sets out the general duties and powers of members of the police. It replaces, with modifications, section 18 of the 1998 Act. Subsection (1) states that the general duties of police officers are to protect life and property, to preserve order, to prevent crime and to bring offenders to justice. Subsection(4) requires officers to be guided by the code of ethics issued by the Policing Board under section 52 in carrying out their duties. Subsection (5) requires police officers to carry out their functions in co-operation with, and with the aim of securing the support of, the local community.

Section 33: General Functions of the Chief Constable

50.     This section replaces section 19 of the 1998 Act. It provides that the police shall be under the direction and control of the Chief Constable and that he shall have regard to the policing plan and any code of practice affecting him.