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18 Provision of information to Board | |
After section 33 of the Police (Northern Ireland) Act 2000 (c. 32) insert— | |
“33A Provision of information to Board | |
(1) The Chief Constable shall supply the Board with such information as | |
the Board may require for the purposes of, or in connection with, the | 5 |
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 ought not to be disclosed on any of the grounds mentioned | |
in section 76A(1). | 10 |
(3) Subsection (4) applies if the Chief Constable is of the opinion that | |
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 | 15 |
Board, supply it to the committee constituted by the Board under | |
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 | 20 |
individual in danger, or | |
(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 | 25 |
supplied to the Board or the committee; | |
(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 | 30 |
(1) After section 36 of the Police (Northern Ireland) Act 2000 insert— | |
“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 | 35 |
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 | 40 |
this Act in its application to persons appointed under subsection (1). | |
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(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— | 5 |
“— | |
(a) as permitted by section 36A of the Police (Northern Ireland) Act | |
2000; or | |
(b) ”. | |
20 Protected disclosures by police officers | 10 |
(1) After Article 67K of the Employment Rights (Northern Ireland) Order 1996 (S.I. | |
1996/1919 (N.I.16) insert— | |
“67KA Application of Part VA and related provisions to police | |
(1) Paragraph (2) applies for the purposes of— | |
(a) this Part, | 15 |
(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. | 20 |
(2) A person who holds, otherwise than under a contract of employment, | |
the office of constable as a police officer shall be treated as an employee | |
employed by the Chief Constable under a contract of employment; and | |
any reference to a worker being “employed” and to his “employer” | |
shall be construed accordingly.” | 25 |
(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”. | 30 |
(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. | 35 |
Information and inquiries | |
21 Restriction on disclosure of information | |
(1) After section 74 of the Police (Northern Ireland) Act 2000 (c. 32) insert— | |
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“74A Restriction on disclosure of information | |
(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 | 5 |
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 | 10 |
60(10A)(a) or (b). | |
(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; | 15 |
(b) the Chief Constable informs the Board or the committee 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 | 20 |
under section 60 or by a person who is assisting or has assisted | |
in the conduct of such an inquiry 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). | 25 |
(5) 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; | 30 |
(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 | 35 |
24(1A) of Schedule 1; | |
(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 | 40 |
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 | |
has been a member of the Board or a member of the staff of the Board | |
except— | 45 |
(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; | |
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(b) in the case of information supplied to the committee constituted | |
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; | 5 |
(d) to the Chief Constable; | |
(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; | 10 |
(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. | |
(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 | 15 |
not exceeding level 5 on the standard scale. | |
(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 | 20 |
for the Board in pursuance of arrangements made under | |
paragraph 13(2) of Schedule 1.” | |
(2) In section 59(5) of the Police (Northern Ireland) Act 2000 (c. 32) at the beginning | |
insert “Subject to section 74A(6)”. | |
22 Special committee of the Board | 25 |
(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) and (1B)”. | |
(3) After sub-paragraph (1) insert— | 30 |
“(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 | |
under section 33A or 59; | |
(b) handling information supplied to it by a person | 35 |
conducting an inquiry under section 60 or by a person who | |
is assisting or has assisted in the conduct of such an | |
inquiry; | |
(c) performing such other functions of the Board as may be | |
delegated to it by the Board. | 40 |
(1B) The members of the committee constituted under sub-paragraph | |
(1A)— | |
(a) shall be appointed by the Board; | |
(b) shall include the chairman or vice-chairman of the Board | |
(or both of them); | 45 |
(c) shall as far as practicable be representative of the Board.” | |
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