|
| |
| |
(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.” | |
22 Disclosure of information and holding of inquiries | |
(1) After section 76 of the Police (Northern Ireland) Act 2000 (c. 32) insert— | 5 |
“76A Disclosure of information and holding of inquiries | |
(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; | 10 |
(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; | 15 |
(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 | 20 |
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. | 25 |
(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.” | 30 |
(2) Subsection (1) has effect for the purposes of section 59 of the Police (Northern | |
Ireland) Act 2000 in accordance with section 9(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 10(5) of this Act. | |
| |
| |
|
| |
| |
Part 2 | |
Police powers | |
Designation of civilians | |
23 Police powers for designated police support staff | |
(1) The Chief Constable may designate a member of the police support staff as an | 5 |
officer of one or more of these descriptions— | |
(a) investigating officer; | |
(b) detention officer; | |
(c) escort officer. | |
(2) The Chief Constable may designate a person under this section only if he is | 10 |
satisfied that these requirements are met— | |
(a) the person is a suitable person to carry out the functions for the | |
purposes of which he is to be designated; | |
(b) the person is capable of effectively carrying out those functions; | |
(c) the person has received adequate training in the carrying out of those | 15 |
functions and in the exercise of the powers and performance of the | |
duties to be conferred or imposed on him by his designation. | |
(3) A person designated under this section has— | |
(a) the powers conferred on him by his designation; | |
(b) the duties imposed on him by his designation. | 20 |
(4) A designation under this section may confer powers or impose duties on a | |
person only by applying the powers or duties to him. | |
(5) The powers and duties that may be applied to a person designated under this | |
section by his designation are any or all of those specified in the applicable Part | |
of Schedule 1. | 25 |
(6) The applicable Part of Schedule 1 is— | |
(a) Part 1, in the case of a person designated under this section as an | |
investigating officer; | |
(b) Part 2, in the case of a person designated under this section as a | |
detention officer; | 30 |
(c) Part 3, in the case of a person designated under this section as an escort | |
officer. | |
(7) If a power is conferred or a duty imposed on a person designated under this | |
section by his designation— | |
(a) the power or duty does not authorise or require him to engage in any | 35 |
conduct otherwise than in the course of his employment as a member | |
of the police support staff; | |
(b) the power may be conferred or the duty imposed subject to restrictions | |
or conditions specified in the designation. | |
(8) Subsection (9) applies in relation to the exercise of a power by a person | 40 |
designated under this section in reliance on his designation if the power is one | |
which, if exercised by a police officer, includes or is supplemented by a power | |
to use reasonable force. | |
| |
| |
|
| |
| |
(9) The designated person has the same entitlement to use reasonable force as a | |
police officer would have if the power were exercised by him. | |
(10) If a power exercisable by a person designated under this section in reliance on | |
his designation includes power to use force to enter any premises, the power is | |
exercisable by the person only— | 5 |
(a) in the company of a police officer and under the supervision of a police | |
officer, or | |
(b) for the purpose of saving life or limb or preventing serious damage to | |
property. | |
24 Police powers for designated contracted-out staff | 10 |
(1) This section applies if the Board has entered into a contract with a person (“the | |
contractor”) for the provision of services relating to the detention or escort of | |
persons who have been arrested or are otherwise in custody. | |
(2) The Chief Constable may designate an employee of the contractor as an officer | |
of either or both of these descriptions— | 15 |
(a) detention officer; | |
(b) escort officer. | |
(3) The Chief Constable may designate a person under this section only if he is | |
satisfied that these requirements are met— | |
(a) the person is a suitable person to carry out the functions for the | 20 |
purposes of which he is to be designated; | |
(b) the person is capable of effectively carrying out those functions; | |
(c) the person has received adequate training in the carrying out of those | |
functions and in the exercise of the powers and performance of the | |
duties to be conferred or imposed on him by his designation; | 25 |
(d) the contractor is a fit and proper person to supervise the carrying out of | |
the functions for the purposes of which the person is to be designated. | |
(4) A person designated under this section has— | |
(a) the powers conferred on him by his designation; | |
(b) the duties imposed on him by his designation. | 30 |
(5) A designation under this section may confer powers or impose duties on a | |
person only by applying the powers or duties to him. | |
(6) The powers and duties that may be applied to a person designated under this | |
section by his designation are any or all of those specified in the applicable Part | |
of Schedule 1. | 35 |
(7) The applicable Part of Schedule 1 is— | |
(a) Part 2, in the case of a person designated under this section as a | |
detention officer; | |
(b) Part 3, in the case of a person designated under this section as an escort | |
officer. | 40 |
(8) If a power is conferred or a duty imposed on a person designated under this | |
section by his designation— | |
(a) the power or duty does not authorise or require him to engage in any | |
conduct otherwise than in the course of his employment as an | |
employee of the contractor; | 45 |
| |
| |
|
| |
| |
(b) the power may be conferred or the duty imposed subject to restrictions | |
or conditions specified in the designation. | |
(9) Subsection (10) applies in relation to the exercise of a power by a person | |
designated under this section in reliance on his designation if the power is one | |
which, if exercised by a police officer, includes or is supplemented by a power | 5 |
to use reasonable force. | |
(10) The designated person has the same entitlement to use reasonable force as a | |
police officer would have if the power were exercised by him. | |
(11) A designation under this section, unless it is previously withdrawn or ceases | |
to have effect under subsection (12), shall remain in force for such period as | 10 |
may be specified in the designation; but it may be renewed at any time with | |
effect from the time when it would otherwise expire. | |
(12) A designation under this section shall cease to have effect— | |
(a) if the designated person ceases to be an employee of the contractor; or | |
(b) if the contract between the Board and the contractor is terminated or | 15 |
expires. | |
25 Police powers: amendments | |
(1) Schedule 2 contains amendments consequential on sections 23 and 24. | |
(2) In Schedule 2 “the 1989 Order” means the Police and Criminal Evidence | |
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). | 20 |
26 Designations: supplementary | |
(1) Subsection (2) applies if, in reliance on his designation under section 23 or 24, | |
a person exercises or performs a power or duty in relation to another or | |
purports to do so. | |
(2) The designated person must produce his designation to the other if requested | 25 |
to do so. | |
(3) A failure to comply with subsection (2) does not make the exercise or | |
performance of the power or duty invalid. | |
(4) The Chief Constable may at any time modify or withdraw a person’s | |
designation under section 23 or 24 by notice to him. | 30 |
(5) If the Chief Constable modifies or withdraws a person’s designation under | |
section 24, he must send a copy of the notice of the modification or withdrawal | |
to the contractor responsible for supervising the designated person in the | |
carrying out of the functions for the purposes of which the designation was | |
granted. | 35 |
(6) In subsection (5) “contractor” means a person who has entered into a contract | |
with the Board such as is mentioned in section 24(1). | |
27 Complaints and misconduct | |
(1) The Secretary of State may by regulations make provision for the handling of— | |
(a) complaints relating to the carrying out by a person designated under | 40 |
section 23 or 24 of any of the functions mentioned in subsection (2); | |
| |
| |
|
| |
| |
(b) instances of misconduct involving the carrying out by such a person of | |
any of those functions. | |
(2) The functions are those for the purposes of which any power or duty is | |
conferred or imposed on the person by his designation. | |
(3) Regulations under subsection (1) may in particular provide that any provision | 5 |
of Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) is to apply, with such | |
modifications as may be prescribed by the regulations, with respect to persons | |
designated under section 23 or 24. | |
(4) Before making regulations under subsection (1), the Secretary of State must | |
consult— | 10 |
(a) the Ombudsman; | |
(b) the Board; | |
(c) the Chief Constable; | |
(d) the Police Association; | |
(e) any other person or body appearing to him to have an interest in the | 15 |
matter. | |
28 Liability for unlawful conduct | |
(1) For the purposes of determining liability for the unlawful conduct of | |
employees of the Board, conduct by an employee of the Board in reliance or | |
purported reliance on a designation under section 23 must be taken to be | 20 |
conduct in the course of his employment by the Board; and, in the case of a tort, | |
the Board accordingly falls to be treated as a joint tortfeasor. | |
(2) For the purposes of determining liability for the unlawful conduct of persons | |
employed in the civil service, conduct by such a person in reliance or | |
purported reliance on a designation under section 23 must be taken to be | 25 |
conduct in the course of his employment in the civil service; and, in the case of | |
a tort, the Department of Finance and Personnel accordingly falls to be treated | |
as a joint tortfeasor. | |
(3) For the purposes of determining liability for the unlawful conduct of | |
employees of a contractor, conduct by such an employee in reliance or | 30 |
purported reliance on a designation under section 24 must be taken to be | |
conduct in the course of his employment by the contractor; and, in the case of | |
a tort, the contractor accordingly falls to be treated as a joint tortfeasor. | |
(4) In subsection (3) “contractor” means a person who has entered into a contract | |
with the Board such as is mentioned in section 24(1). | 35 |
29 Notifiable memberships | |
(1) Section 51 of the Police (Northern Ireland) Act 2000 (c. 32) (notifiable | |
memberships of police officers) applies in relation to persons designated under | |
section 23 or 24 as it applies in relation to police officers. | |
(2) As so applied, that section has effect as if the reference in subsection (1) to the | 40 |
duties of a police officer were to the functions for the purposes of which any | |
power or duty is conferred or imposed on a person by his designation under | |
section 23 or 24. | |
| |
| |
|
