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30 Code of ethics | |
(1) The Secretary of State may by order apply the code of ethics issued by the | |
Board under section 52 of the Police (Northern Ireland) Act 2000 (c. 32) to | |
persons designated under section 23 or 24. | |
(2) An order under subsection (1) may apply the code with such modifications as | 5 |
are specified in the order. | |
(3) If an order is made under subsection (1) applying the code to a person | |
designated under section 23 or 24 he must be guided by the code as it applies | |
to him in carrying out the functions for the purposes of which any power or | |
duty is conferred or imposed on him by his designation. | 10 |
31 Assaults on, and obstruction of, designated persons | |
(1) Section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on, and | |
obstruction of, constables etc.) is amended as follows. | |
(2) After subsection (1) insert— | |
“(1A) Any person who assaults, resists, obstructs or impedes a designated | 15 |
person in the execution of his duty, or a person assisting a designated | |
person in the execution of his duty, shall be guilty of an offence.” | |
(3) In subsection (2) after “subsection (1)” insert “or (1A)”. | |
(4) In subsection (3) after “subsection (1)” insert “or (1A)”. | |
(5) After subsection (3) insert— | 20 |
“(3A) In subsection (1A) the references to the execution of the duty of a | |
designated person are to— | |
(a) the exercise of a power conferred on him by his designation; | |
(b) the performance of a duty imposed on him by his designation. | |
(3B) In this section “designated person” means a person designated under | 25 |
section 23 or 24 of the Police (Northern Ireland) Act 2003.” | |
32 Impersonation etc. of designated persons | |
(1) Section 67 of the Police (Northern Ireland) Act 1998 (impersonation etc.) is | |
amended as follows. | |
(2) After subsection (1) insert— | 30 |
“(1A) Any person who, with intent to deceive— | |
(a) impersonates a designated person; or | |
(b) makes any statement or does any act calculated falsely to | |
suggest that he is a designated person; or | |
(c) makes any statement or does any act calculated falsely to | 35 |
suggest that he has powers as a designated person that exceed | |
the powers he actually has, | |
shall be guilty of an offence.” | |
(3) In subsection (3) after “subsection (1)” insert “, (1A)”. | |
(4) After subsection (5) insert— | 40 |
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“(6) In this section “designated person” means a person designated under | |
section 23 or 24 of the Police (Northern Ireland) Act 2003.” | |
33 Designated persons: interpretation | |
(1) This section applies for the interpretation of sections 23 to 32. | |
(2) “Conduct” includes omissions and statements. | 5 |
(3) Expressions used in those sections and in the Police (Northern Ireland) Act | |
2000 (c. 32) have the same meanings in those sections as they have in that Act. | |
Searches and samples | |
34 Intimate searches | |
(1) In Article 56 of the Police and Criminal Evidence (Northern Ireland) Order | 10 |
1989 (S.I. 1989/1341 (N.I. 12)) (intimate searches) after paragraph (5) insert— | |
“(5A) A person may use reasonable force, if necessary, in carrying out an | |
intimate search as mentioned in paragraph (4) or (5).” | |
(2) Subsection (1) comes into force in accordance with provision made by the | |
Secretary of State by order. | 15 |
35 Intimate samples | |
(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended | |
as set out in subsections (2) to (5). | |
(2) In Article 62 (intimate samples) for paragraph (9) substitute— | |
“(9) In the case of an intimate sample which is a dental impression, the | 20 |
sample may be taken from a person only by a registered dentist. | |
(9A) In the case of any other form of intimate sample, except in the case of a | |
sample of urine, the sample may be taken from a person only by one of | |
the following— | |
(a) a medical practitioner; | 25 |
(b) a registered health care professional.” | |
(3) In Article 53 (interpretation of Part VI) after the definition of “registered | |
dentist” insert— | |
““registered health care professional” means a person (other than a | |
medical practitioner) who is one of the following— | 30 |
(a) a nurse registered on the register maintained by the Nursing | |
and Midwifery Council pursuant to paragraph 10 of | |
Schedule 2 to the Nursing and Midwifery Order 2001 (S.I. | |
2002/253) by virtue of qualifications in nursing; | |
(b) a registered member of a health care profession which is | 35 |
designated for the purposes of this paragraph by an order | |
subject to Article 89 made by the Secretary of State;”. | |
(4) In Article 53 at the beginning insert “(1)” and at the end insert— | |
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“(2) In paragraph (1) “health care profession” means any profession | |
mentioned in section 60(2) of the Health Act 1999 other than the | |
profession of practising medicine and the profession of nursing.” | |
(5) In Article 89 (orders and regulations) after “Articles” insert “53,”. | |
(6) Subsections (1) to (5) come into force in accordance with provision made by the | 5 |
Secretary of State by order. | |
Codes of practice | |
36 Codes of practice | |
In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/1341 (N.I. 12)) (codes of practice under Articles 60, 60A and 65: | 10 |
supplementary) after paragraph (6) insert— | |
“(6A) Subject to paragraph (6B), the Secretary of State may by order subject to | |
Article 89 provide that a code of practice for the time being in force is to | |
be treated as having effect with such modifications as may be set out in | |
the order. | 15 |
(6B) The effect of the modifications made by an order under paragraph (6A) | |
must be confined to one or more of the following— | |
(a) the effect of the code in relation to such area of Northern Ireland | |
as may be specified in the order; | |
(b) the effect of the code during such period, not exceeding two | 20 |
years, as may be so specified; | |
(c) the effect of the code in relation to such offences or descriptions | |
of offender as may be so specified.” | |
Part 3 | |
General | 25 |
37 Orders and regulations | |
(1) Any power of the Secretary of State to make orders or regulations under this | |
Act is exercisable by statutory rule for the purposes of the Statutory Rules | |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). | |
(2) Orders or regulations under this Act— | 30 |
(a) may make different provision for different purposes; | |
(b) may include supplementary, incidental, saving or transitional | |
provisions. | |
(3) A statutory rule made under this Act (other than one containing an order | |
under section 34(2) or 35(6)) is subject to annulment in pursuance of a | 35 |
resolution of either House of Parliament in like manner as a statutory | |
instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) applies | |
accordingly. | |
38 Repeals | |
Schedule 3 contains repeals. | 40 |
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