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(b) information which ought not to be disclosed on any of the | |
grounds mentioned in section 76A(1). | |
(10B) The Chief Constable must— | |
(a) inform the Secretary of State and the Board that the information | |
has been supplied to the person conducting the inquiry; | 5 |
(b) inform the Secretary of State, the Board and the person | |
conducting the inquiry that, in his opinion, the information is | |
information of a kind mentioned in paragraph (a) or (b) of | |
subsection (10A).” | |
(5) Subsections (1) to (4) have effect in relation to a decision of the Board to cause | 10 |
an inquiry to be held under section 60 of the Police (Northern Ireland) Act 2000 | |
(c. 32) if— | |
(a) the Chief Constable has not referred the decision to the Secretary of | |
State under section 60(3) of that Act before the day on which this Act is | |
passed; | 15 |
(b) the Chief Constable has referred the decision to the Secretary of State | |
under section 60(3) of that Act before that day but the Secretary of State | |
has not before that day decided whether to overrule the decision under | |
section 60(4) of that Act. | |
11 Approval of proposals relating to inquiries by Board | 20 |
(1) Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000 | |
(procedure for decisions of Board relating to inquiries under section 60) is | |
amended as set out in subsections (2) and (3). | |
(2) In sub-paragraph (5) after “by” insert— | |
“— | 25 |
(a) a majority of members of the Board present and voting on the | |
proposal, and | |
(b) “. | |
(3) In sub-paragraph (6)— | |
(a) for “10” substitute “8”; | 30 |
(b) for “9” substitute “7”; | |
(c) for “8” substitute “6”. | |
(4) Subsections (1) to (3) have effect in relation to meetings under paragraph 18 of | |
Schedule 1 to the Police (Northern Ireland) Act 2000 held on or after the day on | |
which this Act is passed. | 35 |
The Police Ombudsman | |
12 Investigations into current police practices and policies | |
(1) After section 60 of the Police (Northern Ireland) Act 1998 (c. 32) insert— | |
“60A Investigations into current police practices and policies | |
(1) The Ombudsman may investigate a current practice or policy of the | 40 |
police if— | |
(a) the practice or policy comes to his attention under this Part, and | |
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(b) he has reason to believe that it would be in the public interest to | |
investigate the practice or policy. | |
(2) But subsection (1) does not authorise the Ombudsman to investigate a | |
practice or policy to the extent that the practice or policy is concerned | |
with conduct of a kind mentioned in section 65(5) of the Regulation of | 5 |
Investigatory Powers Act 2000 (conduct which may be within | |
jurisdiction of tribunal established under section 65 of that Act). | |
(3) If the Ombudsman decides to conduct an investigation under this | |
section he shall immediately inform the Chief Constable, the Board and | |
the Secretary of State of— | 10 |
(a) his decision to conduct the investigation, | |
(b) his reasons for making that decision, and | |
(c) the practice or policy into which the investigation is to be | |
conducted. | |
(4) When an investigation under this section has been completed the | 15 |
Ombudsman shall report on it to the Chief Constable and the Board. | |
(5) The Ombudsman shall send a copy of his report to the Secretary of | |
State, if the investigation relates wholly or in part to— | |
(a) a matter in respect of which a function is conferred or imposed | |
on the Secretary of State by or under a statutory provision, or | 20 |
(b) an excepted matter (within the meaning given by section 4 of | |
the Northern Ireland Act 1998).” | |
(2) Section 61A of the Police (Northern Ireland) Act 1998 (c. 32) shall cease to have | |
effect. | |
(3) In section 63(2A) of the Police (Northern Ireland) Act 1998 for “report under | 25 |
section 61A” substitute “report of an investigation under section 60A”. | |
(4) In section 66 of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning | |
insert “(1)” and at the end insert— | |
“(2) Subsection (3) applies if— | |
(a) the Chief Constable or the Board supplies information, or | 30 |
information contained in a document, to the Ombudsman | |
under subsection (1) for the purposes of or in connection with | |
an investigation under section 60A of the 1998 Act; | |
(b) the person supplying the information is of the opinion that it is | |
information of a kind mentioned in paragraph (a) or (b) of | 35 |
subsection (4). | |
(3) The person supplying the information must— | |
(a) inform the Secretary of State that the information has been | |
supplied to the Ombudsman; | |
(b) inform the Secretary of State and the Ombudsman that, in his or | 40 |
its opinion, the information is information of a kind mentioned | |
in paragraph (a) or (b) of subsection (4). | |
(4) The information referred to in subsections (2) and (3) is— | |
(a) information the disclosure of which would be likely to put an | |
individual in danger; | 45 |
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(b) information which ought not to be disclosed on any of the | |
grounds mentioned in section 76A(1).” | |
District policing partnerships | |
13 Independent members | |
In paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) | 5 |
(appointment of independent members of district policing partnerships) after | |
sub-paragraph (1) insert— | |
“(1A) In appointing independent members of a DPP the Board shall so far | |
as practicable secure that the members of the DPP (taken together) | |
are representative of the community in the district.” | 10 |
14 Disqualification | |
In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 | |
(disqualification for membership of a district policing partnership), after sub- | |
paragraph (1) insert— | |
“(1A) A person removed from office under paragraph 7(1) is disqualified | 15 |
for membership of a DPP until the date of the next local general | |
election following his removal.” | |
15 Council’s powers | |
Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing | |
partnerships) shall be deemed to have been enacted with the following | 20 |
paragraphs inserted after paragraph 10— | |
“Indemnities | |
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. | |
Insurance against accidents | 25 |
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. | 30 |
(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 | 35 |
this paragraph.” | |
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Police functions and appointments | |
16 Core policing principles | |
(1) In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) (the police) at the | |
beginning insert— | |
“Core policing principles | 5 |
31A Core policing principles | |
(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 | 10 |
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 | 15 |
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 | 20 |
Police Service of Northern Ireland engaged on other police service), in | |
subsection (7)(b) for “section 32” substitute “sections 31A and 32”. | |
17 Chief Constable’s functions | |
In section 33 of the Police (Northern Ireland) Act 2000 (general functions of | |
Chief Constable) for subsection (2) substitute— | 25 |
“(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 | 30 |
duty under subsection (2).” | |
18 Provision of information to Board | |
After section 33 of the Police (Northern Ireland) Act 2000 insert— | |
“33A Provision of information to Board | |
(1) The Chief Constable shall supply the Board with such information as | 35 |
the Board may require for the purposes of, or in connection with, the | |
exercise of any of its functions. | |
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(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 ought not to be disclosed on any of the grounds mentioned | |
in section 76A(1). | |
(3) Subsection (4) applies if the Chief Constable is of the opinion that | 5 |
information which he would otherwise be required to supply to the | |
Board under subsection (1) is information the disclosure of which | |
would be likely to put an individual in danger. | |
(4) The Chief Constable may, instead of supplying the information to the | |
Board, supply it to the committee constituted by the Board under | 10 |
paragraph 24(1A) of Schedule 1. | |
(5) Subsection (6) applies if the Chief Constable supplies the Board or the | |
committee with information which in his opinion is— | |
(a) information the disclosure of which would be likely to put an | |
individual in danger, or | 15 |
(b) information which ought not to be disclosed on any of the | |
grounds mentioned in section 76A(1). | |
(6) The Chief Constable must— | |
(a) inform the Secretary of State that the information has been | |
supplied to the Board or the committee; | 20 |
(b) inform the Secretary of State and the recipient of the | |
information that, in his opinion, the information is information | |
of a kind mentioned in paragraph (a) or (b) of subsection (5).” | |
19 Fixed-term appointments | |
(1) After section 36 of the Police (Northern Ireland) Act 2000 (c. 32) insert— | 25 |
“36A Fixed-term appointments to the Police Service of Northern Ireland | |
(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. | 30 |
(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). | 35 |
(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— | 40 |
“— | |
(a) as permitted by section 36A of the Police (Northern Ireland) Act | |
2000; or | |
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(b) “. | |
Information and inquiries | |
20 Restriction on disclosure of information | |
After section 74 of the Police (Northern Ireland) Act 2000 (c. 32) insert— | |
“74A Restriction on disclosure of information | 5 |
(1) This section applies if information is supplied in the circumstances | |
mentioned in subsection (2), (3) or (4). | |
(2) The circumstances are that— | |
(a) the information is supplied by the Chief Constable to a person | |
conducting an inquiry under section 60; | 10 |
(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). | 15 |
(3) The circumstances are that— | |
(a) the information is supplied by the Chief Constable under | |
section 33A or 59 to the Board or the committee constituted by | |
the Board under paragraph 24(1A) of Schedule 1; | |
(b) the Chief Constable informs the Board or the committee under | 20 |
section 33A(6) or 59(4H) that, in his opinion, the information is | |
information of a kind mentioned in section 33A(5)(a) or (b) or | |
section 59(4C)(a) or (b). | |
(4) The circumstances are that— | |
(a) the information is supplied by a person conducting an inquiry | 25 |
under section 60 to the committee constituted by the Board | |
under paragraph 24(1A) of Schedule 1; | |
(b) the information was supplied to the person conducting the | |
inquiry in the circumstances mentioned in subsection (2). | |
(5) If information is supplied in the circumstances mentioned in subsection | 30 |
(2), the information must not be disclosed by the person who is | |
conducting or has conducted the inquiry or by a person who is or has | |
been a member of the staff of the Board except— | |
(a) to a member of the staff of the Board who is assisting in the | |
conduct of the inquiry; | 35 |
(b) to the Secretary of State; | |
(c) to the Chief Constable; | |
(d) to the Ombudsman in connection with an investigation under | |
section 60A of the 1998 Act; | |
(e) to the committee constituted by the Board under paragraph | 40 |
24(1A) of Schedule 1; | |
(f) for the purposes of any criminal, civil or disciplinary | |
proceedings; | |
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(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. | |
(6) If information is supplied in the circumstances mentioned in subsection | |
(3) or (4), the information must not be disclosed by a person who is or | 5 |
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 the committee constituted | 10 |
by the Board under paragraph 24(1A) of Schedule 1, 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; | 15 |
(e) to the Ombudsman in connection with an investigation under | |
section 60A of the 1998 Act; | |
(f) for the purposes of any criminal, civil or disciplinary | |
proceedings; | |
(g) in the form of a summary or other general statement made by | 20 |
the Board the terms of which have been agreed with the Chief | |
Constable. | |
(7) 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. | 25 |
(8) In this section “member of the staff of the Board” means— | |
(a) a person employed by the Board under paragraph 13(1) of | |
Schedule 1; | |
(b) a person employed in the civil service who provides assistance | |
for the Board in pursuance of arrangements made under | 30 |
paragraph 13(2) of Schedule 1.” | |
21 Special committee of the Board | |
(1) Paragraph 24 of Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32) | |
(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 | 35 |
(1A) and (1B)”. | |
(3) After sub-paragraph (1) insert— | |
“(1A) The Board shall constitute a committee of 5 of its members for the | |
purpose of— | |
(a) handling information supplied to it by the Chief Constable | 40 |
under section 33A or 59; | |
(b) performing such other functions of the Board as may be | |
delegated to it by the Board. | |
(1B) The members of the committee constituted under sub-paragraph | |
(1A)— | 45 |
(a) shall be appointed by the Board; | |
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