PART 1 continued
In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (disqualification for membershipof a district policing partnership), after sub-paragraph (1) insert—
“(1A) A person removed from office under paragraph 7(1) is disqualified for membership of a DPP until the date of the next local general election following his removal.”
Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing partnerships) shall be deemed to have been enacted with the following paragraphs inserted after paragraph 10—
10A The council may indemnify a member of a DPP in respect of liability incurred by him in connection with the business of the DPP.
10B (1) The council may insure against risks of a member of the DPP meeting with a personal accident, whether fatal or not, while he is engaged on the business of the DPP.
(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 DPP.
(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.”
(1) Schedule 1 makes provision in relation to Belfast.
(2) Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.
(1) In Part 6 of the Police (Northern Ireland) Act 2000 (the police) at the beginning insert—
(1) Police 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 shall be guided by the code of ethics under section 52.”
(2) In section 3 of that Act (general functions of Board), in subsection (3)(b) before sub-paragraph (i) insert—
“(ia) complying with section 31A(1);”.
(3) In section 57 of that Act (annual reports by Board), in subsection (2)(a) before sub-paragraph (i) insert—
“(ia) complying with section 31A(1);”.
(4) In section 32 of that Act (general functions of the police) subsections (4) and (5) shall cease to have effect.
(5) In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of the Police Service of Northern Ireland engaged on other police service), in subsection (7)(b) for “section 32” substitute “sections 31A and 32”.
In section 33 of the Police (Northern Ireland) Act 2000 (c. 32) (general functions of Chief Constable) for subsection (2) substitute—
“(2) The Chief Constable shall have regard to the policing plan in discharging his functions.
(3) The Chief Constable shall have regard to any code of practice under section 27 in discharging his functions.
(4) The duty under subsection (3) applies only so far as consistent with the duty under subsection (2).”
After section 33 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
(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—
(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).
(4) The Chief Constable must—
(a) inform the Secretary of State that the information has been supplied to the Board;
(b) inform the Secretary of State and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (3).”
(1) The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in subsections (2) to (5).
(2) In section 36 (appointments to the Police Service of Northern Ireland) after subsection (3) (training requirements for persons appointed to rank of constable) insert—
“(4) Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1).”
(3) After section 47 insert—
(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.”
(4) In paragraph 17(4) of Schedule 1 (procedure for Board decisions) for “paragraph 18” substitute “paragraphs 17A and 18”.
(5) After paragraph 17 of Schedule 1 insert—
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.”
(6) The preceding provisions of this section expire at the end of a period of two years starting on the day on which this Act is passed.
(7) The Secretary of State may by order amend subsection (6) by substituting “four years” for “two years”.
(8) An order under subsection (7) may be made only with the prior authorisation of the Board.
(9) The Board shall not give an authorisation under subsection (8) 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.
(10) In paragraph 17(4) of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32) (procedure for Board decisions) after “18” insert “and section 23(9) of the Police (Northern Ireland) Act 2003”.
(11) An order under subsection (7) may not be made after the end of the period of two years specified in subsection (6).
(1) After section 36 of the Police (Northern Ireland) Act 2000 insert—
(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 Secretary of State may by order make such modifications as he 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 Secretary of State shall consult the Board and the Police Association before making an order under subsection (4).”
(2) In section 25(6) of the Police (Northern Ireland) Act 1998 (c. 32) (regulations as to conditions of service of members of Police Service of Northern Ireland) after “except” insert— “—
(a) as permitted by section 36A of the Police (Northern Ireland) Act 2000; or
(b)”.
In section 27 of the Police (Northern Ireland) Act 1998 (members of Police Service of Northern Ireland engaged on other police service) after subsection (6) insert—
“(6A) Regulations made by virtue of section 25(3) or (4) in relation to a member of the PSNI who has completed a period of relevant service within subsection (1)(d) may provide for a relevant procedure to be treated for the purposes of the regulations as carried out in accordance with procedures for which provision is made by regulations made by virtue of section 25(3).
(6B) In subsection (6A) “relevant procedure” means an investigation, hearing or other procedure carried out in relation to the person concerned in a country or territory outside the United Kingdom in connection with the person’s relevant service.”
(1) After Article 67K of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.16)) insert—
(1) Paragraph (2) applies for the purposes of—
(a) this Part,
(b) Article 70B and Articles 71 and 72 so far as relating to that Article, and
(c) Article 134A and the other provisions of Part XI so far as they relate to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of Article 134A.
(2) A person who holds, otherwise than under a contract of employment, the office of constable shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being “employed” and to his “employer” shall be construed accordingly.
(3) In this Article “the relevant officer”—
(a) in relation to a police officer, means the Chief Constable;
(b) in relation to a person holding office under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the NationalCriminal Intelligence Service; and
(c) in relation to any other person holding the office of constable, means the person who has the direction and control of the body of constables in question.”
(2) In Article 243(1) of that Order (provisions which do not apply to persons engaged in police service under a contract of employment)—
(a) omit the words “Part VA,”;
(b) after “Articles 132” insert “, 134A”;
(c) after “Article 132” insert “or 134A”.
(3) Article 16 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.
(4) Subsections (1) to (3) come into force in accordance with provision made by the Secretary of State by order.
(1) After section 74 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
(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) the Chief Constable informs the person that, in his opinion, the information is information of a kind mentioned in section 60(10A)(a) or (b).
(3) The circumstances are that—
(a) the information is supplied by the Chief Constable under section 33A to the Board;
(b) the Chief Constable informs the Board that, in his opinion,the information is information of a kind mentioned in section 33A(3)(a) or (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) the Chief Constable informs the Board or the committee that, in his opinion, the information is information of a kind mentioned in section 59(4C)(a) or (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.
(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.
(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.”
(2) In section 59(5) of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning insert “Subject to section 74A(7)”.
(1) Paragraph 24 of Schedule 1 to the Police (Northern Ireland) Act 2000 (committees of the Board) is amended as set out in subsections (2) and (3).
(2) In sub-paragraph (1) after “The Board may” insert “, subject to sub-paragraphs (1A) to (1E)”.
(3) After sub-paragraph (1) insert—
“(1A) The Board shall constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if—
(a) the Chief Constable informs the Board that he wishes to supply information to a committee of the Board under section 59(4D),
(b) the Secretary of State informs the Board that he proposes to modify a requirement to submit a report under section 59(1) for the purpose mentioned in section 59(4A)(b), or
(c) a person who is conducting or has conducted an inquiry under section 60, or who is assisting or has assisted in the conduct of such an inquiry, informs the Board that he wishes to disclose information to a committee of the Board under section 74A(6).
(1B) The purposes are—
(a) handling information supplied to the committee by the Chief Constable under section 59;
(b) handling information supplied to it by a person who is conducting or has conducted an inquiry under section 60 or by a person who is assisting or has assisted in the conduct of such an inquiry.
(1C) The Board may not constitute a committee of its members for the purposes mentioned in sub-paragraph (1B) if a committee of its members has already been constituted for those purposes under sub-paragraph (1) or (1A).
(1D) A committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B) shall consist of 7 members of the Board.
(1E) The members of a committee constituted under sub-paragraph (1) or (1A) for the purposes mentioned in sub-paragraph (1B)—
(a) shall be appointed by the Board;
(b) shall include the chairman or vice-chairman of the Board (or both of them);
(c) shall as far as practicable be representative of the Board.”
(4) In section 77(1) of the Police (Northern Ireland) Act 2000 (interpretation) at the appropriate place insert—
““special purposes committee” means a committee constituted by the Board under paragraph 24(1) or (1A) of Schedule 1 for the purposes mentioned in paragraph 24(1B) of that Schedule;”.
(1) After section 76 of the Police (Northern Ireland) Act 2000 (c. 32) insert—
(1) For the purposes of sections 33A, 59 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.”
(2) Subsection (1) has effect for the purposes of section 59 of the Police (Northern Ireland) Act 2000 in accordance with section 10(5) of this Act.
(3) Subsection (1) has effect for the purposes of section 60 of the Police (Northern Ireland) Act 2000 in accordance with section 11(5) of this Act.