Part I Name of the Police in Northern Ireland

1 Name of the police in Northern Ireland

(1) The body of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).

(2) The body of constables referred to in subsection (1) shall be styled for operational purposes the “Police Service of Northern Ireland”.

(3) The body of constables known as the Royal Ulster Constabulary Reserve shall continue in being as the Police Service of Northern Ireland Reserve (incorporating the Royal Ulster Constabulary Reserve).

(4) The body of constables referred to in subsection (3) shall be styled for operational purposes “The Police Service of Northern Ireland Reserve”.

Part II The Northern Ireland Policing Board

2 The Northern Ireland Policing Board

(1) There shall be a body corporate to be known as the Northern Ireland Policing Board (in this Act referred to as “the Board”).

(2) Schedule 1 shall have effect in relation to the Board.

(3) The Police Authority for Northern Ireland is hereby dissolved.

(4) Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Police Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect.

3 General functions of the Board

(1) The Board shall secure the maintenance of the police in Northern Ireland.

(2) The Board shall secure that—

(a) the police,

(b) the police support staff, and

(c) traffic wardens appointed by the Board under section 71,

are efficient and effective.

(3) In carrying out its functions under subsections (1) and (2) the Board shall—

(a) in accordance with the following provisions of this Act, hold the Chief Constable to account for the exercise of his functions and those of the police, the police support staff and traffic wardens;

(b) monitor the performance of the police in—

(i) carrying out the general duty under section 32(1);

(ii) complying with the [1998 c. 42.] Human Rights Act 1998;

(iii) carrying out the policing plan;

(c) keep itself informed as to—

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

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

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

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

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

(d) assess—

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

(ii) the level of public satisfaction with the performance of the police and of district policing partnerships;

(iii) the effectiveness of district policing partnerships in performing their functions and, in particular, of arrangements made under Part III in obtaining the views of the public about matters concerning policing and the co-operation of the public with the police in preventing crime;

(iv) the effectiveness of the code of ethics issued under section 52;

(e) make arrangements for obtaining the co-operation of the public with the police in the prevention of crime.

(4) In carrying out its functions, the Board shall have regard to—

(a) the principle that the policing of Northern Ireland is to be conducted in an impartial manner;

(b) the policing plan;

(c) any code of practice issued by the Secretary of State under section 27; and

(d) the need—

(i) to co-ordinate its activities with those of other statutory authorities; and

(ii) to co-operate with such authorities.

4 Police support staff

(1) The Board may, subject to the following provisions of this section, employ persons to assist the police.

(2) Senior employees shall be appointed by the Board—

(a) with the approval of the Secretary of State and after consultation with the Chief Constable; and

(b) on such terms and conditions as the Board may, with the approval of the Secretary of State, determine.

(3) Other employees shall be appointed by the Board with the approval of the Secretary of State as to terms and conditions.

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

(5) The following functions of the Board shall be exercised, on behalf of and in the name of the Board, by the Chief Constable—

(a) the power to direct and control senior employees of the Board and all other powers and duties of the Board as employer of such employees, other than the power to appoint and dismiss;

(b) the power to appoint and dismiss other employees, the power to direct and control such employees and all other powers and duties of the Board as employer of such employees;

(c) the power to direct and control persons providing assistance to the police in pursuance of arrangements under subsection (4).

(6) Persons who—

(a) are employed by the Board under this section, or

(b) are engaged in pursuance of arrangements under subsection (4) in providing assistance to the police,

are referred to in this Act as the “police support staff”.

(7) In this section and section 5 “senior employee” means an employee of such class or description as may be specified for the purposes of this section by the Board with the approval of the Secretary of State.

5 Power to transfer certain staff to employment of Board

(1) The Secretary of State may by regulations provide for the transfer to the employment of the Board of any person to whom this section applies.

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

(a) employed in the civil service; and

(b) engaged, in pursuance of arrangements under section 4(4), in providing assistance to the police.

(3) This section does not apply to a person if—

(a) his employment in the civil service terminates on the day immediately before the prescribed date; or

(b) he is withdrawn from work with the Board with effect from the prescribed date.

(4) Subsections (5)(b) and (6) of section 4 shall apply in relation to persons transferred to the employment of the Board under this section as they apply in relation to persons employed by the Board under that section who are not senior employees.

(5) Before making any regulations under this section the Secretary of State shall consult—

(a) the Board;

(b) the Chief Constable; and

(c) such organisations as appear to the Secretary of State to represent the interests of persons affected by the regulations.

6 Provision and maintenance of buildings and equipment

(1) The Board may provide and maintain buildings and equipment for police purposes.

(2) The Board may enter into arrangements with any other person for the maintenance, on such terms as the Board may determine, of equipment used by that person; and maintenance of equipment carried out in pursuance of any such arrangements shall be treated for the purposes of this Act as maintenance of equipment for police purposes.

(3) 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.

(4) Nothing in this section confers power to acquire or hold land.

(5) The power conferred by this section to provide equipment is subject to any regulations under section 40 of the 1998 Act.

(6) The power conferred by this section to provide buildings or equipment includes power to enter into a contract with another person for the provision or making available of buildings or equipment together with any services relating to such buildings or equipment.

7 Acquisition and disposal of land by Board

(1) The Board may acquire, hold and dispose of land for police purposes.

(2) The power of the Board to acquire land includes power to acquire it compulsorily in accordance with subsections (3) and (4).

(3) Where the Board proposes to acquire any land compulsorily it may apply to the Secretary of State for an order (“a vesting order”) vesting that land in the Board and the Secretary of State may make such an order.

(4) Schedule 6 to the Local [1972 c. 9 (N.I.).] Government Act (Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order made under this section as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications—

(a) for any reference to the council there shall be substituted a reference to the Board;

(b) for any reference to the Ministry concerned there shall be substituted a reference to the Secretary of State;

(c) for any reference to that Act there shall be substituted a reference to this Act;

(d) in paragraph 6(2) for the words from “the fund” to the end there shall be substituted the words “funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments out of the compensation fund”; and

(e) in paragraph 12(2) for “the clerk of the council” there shall be substituted “such person as may be designated for the purposes of this Schedule by the Policing Board”.

8 Provision of advice and assistance to international organisations, etc

(1) Subject to the provisions of this section, the Board may provide advice and assistance to—

(a) an international organisation or institution; or

(b) any other person or body engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the Board or the Chief Constable.

(2) The power conferred on the Board by subsection (1) includes a power to make arrangements under which a police officer is engaged for a period of temporary service with a body or person within paragraph (a) or (b) of that subsection.

(3) The power conferred by subsection (1) shall not be exercised except with the consent of the Secretary of State which may be given subject to such conditions as appear to him to be appropriate.

(4) Nothing in this section authorises the Board to provide any financial assistance by making a grant or loan or giving a guarantee or indemnity.

(5) The Board may make charges for advice or assistance provided by it under this section.

(6) This section is without prejudice to section 10 of the [1980 c. 63.] Overseas Development and Co-operation Act 1980.

9 Grants to, and borrowing by, the Board

(1) The Secretary of State shall for each financial year make to the Board a grant for police purposes.

(2) A grant under this section—

(a) shall be of such amount;

(b) shall be paid at such time, or in instalments of such amounts and at such times; and

(c) shall be made on such conditions,

as the Secretary of State may determine.

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

(4) Subject to subsections (5), (6) and (8), the Board may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require for the purpose of defraying expenses pending the receipt of moneys receivable by the Board.

(5) The total amount owing of money borrowed under subsection (4) shall not at any time exceed such sum as the Secretary of State may specify to the Board in writing.

(6) Any sum borrowed under subsection (4) shall be repaid before the end of the financial year in which it is borrowed.

(7) Subject to subsection (8), the Board may, with the consent of the Secretary of State, borrow or raise money on such terms and subject to such conditions as the Secretary of State may approve upon the security of any property or assets of the Board for all or any of the following purposes—

(a) meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;

(b) redeeming any loan previously borrowed or raised under this section; or

(c) any other purpose for which capital moneys may properly be applied.

(8) The Board may not borrow or raise money under this section for any purposes other than police purposes.

10 Funding for police purposes – ancillary provisions

(1) The Board shall—

(a) prepare and submit to the Secretary of State, at such times and in such form as the Secretary of State may direct, estimates of the receipts and payments of the Board for police purposes during such period as may be specified in the direction; and

(b) submit to the Secretary of State such other information relating to those estimates as he may require.

(2) A draft of the estimates of receipts and payments for police purposes shall be submitted by the Chief Constable to the Board.

(3) The estimates submitted by the Board under subsection (1) shall be either—

(a) in the form of the draft submitted under subsection (2); or

(b) in that form with such amendments as the Board may, after consultation with the Chief Constable, determine.

(4) The Board shall comply with such directions as the Secretary of State may give as to the application of moneys received by the Board otherwise than by way of grant under section 9(1) or paragraph 15 of Schedule 1; and to the extent that any statutory provision or any such direction does not require moneys so received to be applied in a particular manner or for a particular purpose, the Board shall apply those moneys for police purposes.

(5) The Board shall in each financial year put at the disposal of the Chief Constable—

(a) an amount equal to the amount of the grant for police purposes received in that year by the Board under section 9(1); and

(b) any amount received by the Board in that year which is required to be applied for police purposes—

(i) by subsection (4) or directions under that subsection; or

(ii) by any other statutory provision.

11 Charges for special services

The Chief Constable may, at the request of any person, provide special police services subject to the payment to the Board of such charges, or charges on such scales, as may be determined by the Board.

12 Accounts and audit

(1) The Board shall in relation to all amounts put at the Chief Constable’s disposal under section 10(5)—

(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 functions of the Board under subsection (1) shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.

(3) The statement of accounts shall contain such information and shall be in such form as the Secretary of State may determine.

(4) The Chief Constable shall submit the statement of accounts to the Board within such period after the end of the financial year to which they relate as the Secretary of State may determine.

(5) The Board shall send copies of the statement of accounts to the Secretary of State and the Comptroller and Auditor General within such further period as the Secretary of State may determine.

(6) The Comptroller and Auditor General shall—

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

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

13 Rewards for diligence

The Board may, on the recommendation of the Chief Constable, pay rewards for exceptional diligence or other specially meritorious conduct to—

(a) police officers;

(b) members of the police support staff; and

(c) traffic wardens.

Part III District and community policing arrangements

District policing partnerships

14 Establishment of district policing partnerships

(1) Each district council shall establish for its district a body to be known as the district policing partnership.

(2) Schedule 3 shall have effect in relation to a district policing partnership.

(3) In this Part “district council” and “district” (except in the expression “police district”) have the same meanings as in the [1972 c. 9.] Local Government Act (Northern Ireland) 1972.

(4) In this Part “the district”, in relation to a district policing partnership, means the district of the council by which it is established.

(5) In this Part—

• “district commander” means a police officer designated under section 20(3); and

• “local policing plan” has the meaning given in section 22(1).

15 Default of council

(1) If the Secretary of State is satisfied that a district council has failed to comply with—

(a) section 14(1), or

(b) any provision of Schedule 3,

he may, after consulting the Board, direct the council to take, within such period as is specified in the direction, such action for the purpose of remedying the default as is so specified.

(2) If a district council fails to comply with a direction under subsection (1), the Secretary of State may—

(a) declare the council to be in default; and

(b) make an order empowering the Board to exercise the functions of that council to such extent as appears to him necessary or expedient to secure that a district policing partnership is duly established for the district of the council.

(3) An order under subsection (2) may provide for Schedule 3 to have effect in relation to the exercise by the Board of any functions of the district council with such modifications as may be specified in the order.

(4) An order under subsection (2) may confer on the Board power to remove any members of a district policing partnership holding office at the date of the order.

(5) Any costs incurred by the Board under an order under subsection (2) shall in the first instance be defrayed as expenses of the Board, but—

(a) an amount equal to one quarter of those costs as certified by the Board shall on demand be paid to the Board by the council; and

(b) any sums demanded under paragraph (a) may be recovered summarily by the Board as a debt.

16 General functions of district policing partnerships

(1) The functions of a district policing partnership shall be—

(a) to provide views to the district commander for any police district which is, or is included in, the district and to the Board on any matter concerning the policing of the district;

(b) to monitor the performance of the police in carrying out—

(i) the policing plan in relation to the district; and

(ii) the local policing plan applying to the district or any part of the district;

(c) to make arrangements for obtaining—

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

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

(d) to act as a general forum for discussion and consultation on matters affecting the policing of the district; and

(e) such other functions as are conferred on it by any other statutory provision.

(2) In exercising its functions, a district policing partnership shall have regard to a code of practice under section 19.

17 Annual report by district policing partnership to council

(1) A district policing partnership shall, not later than 3 months after the end of each financial year, submit to the district council a general report on the exercise of its functions during that year.

(2) When a district policing partnership submits its report under subsection (1), it shall at the same time send a copy of the report to the Board.

(3) A report under this section shall include details of the arrangements made under section 16(1)(c).

(4) Before submitting any report under this section, a district policing partnership shall consult the district commander of any police district which is, or is included in, the district.

(5) The district council shall arrange for a report submitted under this section to be published in such manner as appears to the council to be appropriate.

18 Reports by district policing partnership to Board

(1) A district policing partnership shall, whenever so required by the Board, submit to the Board a report on any such matter connected with the exercise of its functions as may be specified in the requirement.

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

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

(b) within the period of three months from the date on which that requirement is made, or within such longer period as may be agreed between the district policing partnership and the Board.

(3) The Board may arrange for a report under this section to be published in such manner as appears to the Board to be appropriate.

19 Code of practice for district policing partnerships

(1) The Board shall issue, and may from time to time revise, a code of practice containing guidance as to the exercise by district policing partnerships of their functions.

(2) The Board shall obtain the agreement of the Secretary of State before issuing a code of practice, or revised code of practice, under this section.

(3) Before issuing or revising a code of practice under this section the Board shall consult—

(a) district councils; and

(b) the Chief Constable.

(4) The code of practice under this section may in particular include provisions concerning—

(a) the procedures for meetings of a district policing partnership;

(b) the holding of public meetings by a district policing partnership;

(c) the arrangements for giving notice of meetings, and in particular for the giving of such notice to district commanders and to the public;

(d) the arrangements for the submission by or to a district policing partnership of reports and other documents;

(e) the arrangements for enabling questions on the discharge by police officers of their functions in the district to be put by members of the district policing partnership for answer by the district commander of any police district which is, or is included in, the district or a police officer nominated by him for the purpose;

(f) the arrangements for the monitoring of the performance of the police in carrying out—

(i) the policing plan in relation to the district; and

(ii) the local policing plan applying to the district or any part of the district;

(g) the arrangements to be made by a district policing partnership as a result of section 16(1)(c);

(h) the arrangements for dealings with the Board.

(5) The Board shall arrange for any code of practice issued or revised under this section to be published in such manner as appears to it to be appropriate.

Police districts

20 Police districts

(1) Each district, other than Belfast, shall be a police district.

(2) In the district of Belfast there shall be such number of police districts (not exceeding 4), as may be determined by the Chief Constable; and each such police district shall consist of such area as may be so determined.

(3) For each police district the Chief Constable shall designate as district commander a police officer of the required rank.

(4) In any statutory provision—

(a) for any reference to a police sub-division there shall be substituted a reference to a police district established under this section;

(b) for any reference to a sub-divisional commander there shall be substituted a reference to a district commander designated under this section.

(5) “Required rank” means a rank not less than that of chief inspector.

21 District policing partnership sub-groups for Belfast

(1) The district council for Belfast shall establish a sub-group of its district policing partnership for each police district established under section 20(2).

(2) The function of each sub-group shall be to provide views to the district commander of the sub-group’s police district and to the district policing partnership on any matter concerning the policing of that police district.

(3) Each sub-group shall consist of at least six members of the partnership.

(4) The members of a sub-group shall be appointed by the partnership.

(5) The members of a sub-group shall appoint a member to act as chairman of the sub-group.

(6) If they are unable to agree on whom to appoint as chairman, the partnership shall appoint the chairman.

(7) The code issued under section 19 may contain guidance as to the exercise by sub-groups of their functions.

22 The local policing plan

(1) Each district commander shall issue, and may from time to time revise, a plan (“the local policing plan”) setting out the proposed arrangements for the policing of the police district.

(2) The local policing plan may relate to matters to which the policing plan also relates, or to other matters, but in any event shall be so framed as to be consistent with the policing plan.

(3) Before issuing or revising a local policing plan, the district commander shall consult the district policing partnership whose district is, or includes, the police district and take account of any views expressed.

(4) The district commander shall arrange for the local policing plan issued or revised under this section to be published in such manner as appears to him to be appropriate.

Other community policing arrangements

23 Other community policing arrangements

(1) A district policing partnership may, with the approval of the Board, make arrangements to facilitate consultation by the police with any local community within the district.

(2) Where it appears to the Board that a district policing partnership has not made satisfactory arrangements under subsection (1) in relation to any local community, the Board may, after consultation with the district policing partnership, make arrangements to facilitate consultation by the police with that community.

(3) Arrangements made under subsection (1) or (2) may include the establishment of bodies.

(4) The Board may defray the reasonable expenses of any body established by virtue of subsection (3).

(5) Before making any arrangements under this section a district policing partnership or the Board shall consult the Chief Constable as to the arrangements that would be appropriate.

Part IV Policing objectives, plans and codes of practice

24 The Secretary of State’s long term policing objectives

(1) The Secretary of State may determine, and from time to time revise, long term objectives for the policing of Northern Ireland.

(2) Before determining or revising any objectives under this section, the Secretary of State shall consult—

(a) the Board;

(b) the Chief Constable; and

(c) such other persons as he thinks appropriate.

(3) The Secretary of State shall lay before each House of Parliament a statement of any objectives determined or revised under this section.

25 The Board’s policing objectives

(1) The Board shall determine, and may from time to time revise, objectives for the policing of Northern Ireland.

(2) Objectives under this section may relate to matters to which objectives under section 24 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives under that section.

(3) Before determining or revising objectives under this section, the Board shall—

(a) consult the Chief Constable and the district policing partnerships; and

(b) consider—

(i) any reports received by the Board under section 17 or 18; and

(ii) any views of the public obtained under arrangements made under Part III.

26 The Board’s policing plan

(1) The Board shall, before the beginning of each financial year, issue a plan (“the policing plan”) setting out proposed arrangements for the policing of Northern Ireland.

(2) The policing plan shall—

(a) contain an assessment of the requirements for educating and training police officers and members of the police support staff and give particulars of the way in which those requirements are to be met; and

(b) include such other statements and give particulars of such other matters as may be prescribed by regulations made by the Secretary of State.

(3) Before making regulations under subsection (2)(b), the Secretary of State shall consult the Board and the Chief Constable.

(4) A draft of the policing plan shall be submitted by the Chief Constable to the Board for it to consider.

(5) The Board may adopt a policing plan either—

(a) in the form of the draft submitted under subsection (4); or

(b) with such amendments as the Board may, after consultation with the Chief Constable, determine.

(6) Before issuing a policing plan adopted under subsection (5), the Board shall consult the Secretary of State.

(7) The Board shall arrange for the policing plan issued under this section to be published in such manner as appears to the Board to be appropriate.

27 Codes of practice on exercise of functions

(1) The Secretary of State may issue, and from time to time revise, codes of practice relating to the discharge—

(a) by the Board of any of its functions;

(b) by the Chief Constable of any functions which he exercises—

(i) on behalf of and in the name of the Board;

(ii) in relation to funds put at his disposal under section 10(5); or

(iii) under section 26 or Part V.

(2) Before issuing or revising a code of practice under this section, the Secretary of State shall consult—

(a) the Board;

(b) the Chief Constable; and

(c) such other persons or bodies as the Secretary of State considers appropriate.

(3) The Secretary of State shall publish any code of practice issued or revised under this section in such manner as he thinks appropriate.

Part V Economy, efficiency and effectiveness

28 Arrangements relating to economy, efficiency and effectiveness

(1) The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2) The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.

(3) The Board shall, in making arrangements which relate to the functions of the Chief Constable, involve him in the making of those arrangements.

(4) The Board shall prepare and publish a plan (its “performance plan”) for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.

(5) The performance plan shall—

(a) identify factors (“performance indicators”) by reference to which performance in exercising functions can be measured;

(b) set standards (“performance standards”) to be met in the exercise of particular functions in relation to performance indicators; and

(c) include a summary of the Board’s assessment of—

(i) its and the Chief Constable’s performance in the previous financial year measured by reference to performance indicators;

(ii) the extent to which any performance standard which applied at any time during that year was met.

(6) Before publishing its performance plan, the Board must consult the Secretary of State and the Chief Constable.

(7) In this Part—

• “performance indicators” and “performance standards” have the meaning given in subsection (5); and

• “performance plan” means a plan published by the Board under subsection (4).

29 Audit of performance plans

(1) A performance plan shall be audited by the Comptroller and Auditor General.

(2) An audit of a performance plan is an examination for the purpose of establishing whether the plan was prepared and published in accordance with the requirements of section 28.

(3) Section 8 of the [1983 c. 44.] National Audit Act 1983 (right of Comptroller and Auditor General to obtain documents and information) applies in relation to an examination under this section as it applies to an examination under section 6 or 7 of that Act.

(4) In relation to a performance plan, the Comptroller and Auditor General shall issue a report—

(a) certifying that he has audited the plan;

(b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c) stating whether he believes that the performance indicators and performance standards are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;

(d) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(e) recommending whether the Secretary of State should give a direction under section 31(2)(a) or (b).

(5) The Comptroller and Auditor General shall send a copy of every report under this section to—

(a) the Board;

(b) the Chief Constable; and

(c) the Secretary of State.

(6) The Comptroller and Auditor General shall publish any report under this section on the audit of a performance plan.

(7) Subsections (8) to (11) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4).

(8) Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.

(9) The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).

(10) The Board shall, without delay, submit the statement it has prepared to the Secretary of State and the Comptroller and Auditor General.

(11) The statement shall—

(a) specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;

(b) contain a summary of the result of the consultation required by subsection (9).

30 Examinations

(1) The Comptroller and Auditor General may carry out an examination of the Board’s compliance with the requirements of section 28.

(2) If the Secretary of State directs the Comptroller and Auditor General to carry out an examination of the Board’s compliance with the requirements of section 28 in relation to specified functions, the Comptroller and Auditor General shall comply with the direction.

(3) Before giving a direction under subsection (2), the Secretary of State shall consult the Comptroller and Auditor General.

(4) Section 8 of the National Audit Act 1983 (right of Comptroller and Auditor General to obtain documents and information) applies in relation to an examination under this section as it applies to an examination under section 6 or 7 of that Act.

(5) Where the Comptroller and Auditor General has carried out an examination under this section he shall issue a report.

(6) A report—

(a) shall mention any matter in respect of which the Comptroller and Auditor General believes as a result of the examination that the Board is failing to comply with the requirements of section 28;

(b) may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 31(2)(a) or (b).

(7) The Comptroller and Auditor General shall send a copy of every report under this section to—

(a) the Board;

(b) the Chief Constable; and

(c) the Secretary of State.

(8) The Comptroller and Auditor General shall lay copies of every report under this section before each House of Parliament.

(9) In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted—

“(4) The inspectors shall—

(a) if the Secretary of State so directs, carry out an inspection of the Board’s compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000;

(b) carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the Secretary of State may from time to time direct;

(c) make such reports as the Secretary of State may from time to time direct.”

(10) In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after “under section 41(2) or (3)” there shall be inserted “and any report of an inspection under section 41(4)(a)”.

31 Enforcement of duties under section 28

(1) Subsection (2) applies if the Secretary of State has received a report under section 29(4) or 30(5) of this Act, or section 41(4) of the 1998 Act, and he is satisfied that—

(a) the Board is failing to comply with the requirements of section 28; or

(b) it is appropriate to change performance indicators or performance standards contained in a performance plan.

(2) Subject to subsection (3), the Secret