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32 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 | 5 |
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— | 10 |
“(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 | 15 |
section 24 or 25 of the Police (Northern Ireland) Act 2003.” | |
33 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— | 20 |
“(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 | 25 |
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— | 30 |
“(6) In this section “designated person” means a person designated under | |
section 24 or 25 of the Police (Northern Ireland) Act 2003.” | |
34 Designated persons: interpretation | |
(1) This section applies for the interpretation of sections 24 to 33. | |
(2) “Conduct” includes omissions and statements. | 35 |
(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. | |
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Searches and samples | |
35 Intimate searches | |
(1) In Article 56 of the Police and Criminal Evidence (Northern Ireland) Order | |
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 | 5 |
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. | |
36 Intimate samples | |
(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended | 10 |
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 | |
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 | 15 |
sample of urine, the sample may be taken from a person only by one of | |
the following— | |
(a) a medical practitioner; | |
(b) a registered health care professional.” | |
(3) In Article 53 (interpretation of Part VI) after the definition of “registered | 20 |
dentist” insert— | |
““registered health care professional” means a person (other than a | |
medical practitioner) who is one of the following— | |
(a) a nurse registered on the register maintained by the Nursing | |
and Midwifery Council pursuant to paragraph 10 of | 25 |
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 | |
designated for the purposes of this paragraph by an order | |
subject to Article 89 made by the Secretary of State;”. | 30 |
(4) In Article 53 at the beginning insert “(1)” and at the end insert— | |
“(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,”. | 35 |
(6) Subsections (1) to (5) come into force in accordance with provision made by the | |
Secretary of State by order. | |
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Codes of practice | |
37 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: | |
supplementary) after paragraph (6) insert— | 5 |
“(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. | |
(6B) The effect of the modifications made by an order under paragraph (6A) | 10 |
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 | |
years, as may be so specified; | 15 |
(c) the effect of the code in relation to such offences or descriptions | |
of offender as may be so specified.” | |
Part 3 | |
General | |
38 Orders and regulations | 20 |
(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— | |
(a) may make different provision for different purposes; | 25 |
(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 20(4), 35(2) or 36(6)) is subject to annulment in pursuance of a | |
resolution of either House of Parliament in like manner as a statutory | 30 |
instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) applies | |
accordingly. | |
39 Repeals and revocations | |
Schedule 3 contains repeals and revocations. | |
40 Extent | 35 |
This Act extends to Northern Ireland only. | |
41 Short title | |
This Act may be cited as the Police (Northern Ireland) Act 2003. | |
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Schedules | |
Schedule 1 | |
Sections 24 and 25 | |
Powers exercisable by designated persons | |
Part 1 | |
Investigating officers | 5 |
Entry and search for purposes of arrest | |
1 Where a designation applies this paragraph to a person— | |
(a) he may apply as if he were a constable for a warrant under section 42 | |
of the Terrorism Act 2000 (c. 11) (warrants for entry and search for | |
purposes of arrest); | 10 |
(b) the persons authorised by a warrant issued under section 42 of that | |
Act to enter and search premises include the designated person; | |
(c) Article 17 of the 1989 Order (safeguards) has effect in relation to the | |
issue of a warrant under section 42 of that Act to the designated | |
person as it has effect in relation to the issue of a warrant under that | 15 |
section to a constable; | |
(d) Article 18 of that Order (execution of warrants) has effect in relation | |
to a warrant issued under section 42 of that Act (whether to the | |
designated person or to any other person) as if references in that | |
Article to a constable included references to the designated person. | 20 |
Entry and search for evidence etc. | |
2 Where a designation applies this paragraph to a person— | |
(a) he may apply as if he were a constable for a warrant under Article 10 | |
of the 1989 Order (warrants for entry and search for evidence etc.); | |
(b) the persons authorised by a warrant issued under Article 10 of that | 25 |
Order to enter and search premises include the designated person; | |
(c) the designated person has the power of a constable under Article | |
10(2) of that Order to seize and retain things for which a search has | |
been authorised under paragraph (1) of that Article; | |
(d) Article 17 of that Order (safeguards) has effect in relation to the issue | 30 |
of a warrant under Article 10 of that Order to the designated person | |
as it has effect in relation to the issue of a warrant under that Article | |
to a constable; | |
(e) Article 18 of that Order (execution of warrants) has effect in relation | |
to a warrant issued under Article 10 of that Order (whether to the | 35 |
designated person or to any other person) as if references in that | |
Article to a constable included references to the designated person; | |
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(f) Article 21(6) of that Order (protection for legally privileged material | |
from seizure) has effect in relation to the seizure of anything by the | |
designated person by virtue of sub-paragraph (c) as it has effect in | |
relation to the seizure of anything under Article 10(2) of that Order | |
by a constable; | 5 |
(g) Article 22 of that Order (extension of powers of seizure to | |
computerised information) applies to the power of seizure conferred | |
on the designated person by virtue of sub-paragraph (c) as it applies | |
to the power of seizure conferred on a constable by Article 10(2) of | |
that Order; | 10 |
(h) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by virtue of sub-paragraph | |
(c) as if the references to a constable included references to the | |
designated person; | 15 |
(i) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by virtue of sub- | |
paragraph (c) or taken away by him following the imposition of a | |
requirement by virtue of sub-paragraph (g)— | 20 |
(i) as they have effect in relation to anything seized in exercise of | |
the power conferred on a constable by Article 10(2) of that | |
Order or taken away by a constable following the imposition | |
of a requirement by virtue of Article 22 of that Order; | |
(ii) as if the second reference to a constable in paragraph (3) of | 25 |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | |
Access to excluded and special procedure material | |
3 Where a designation applies this paragraph to a person— | 30 |
(a) he has the powers of a constable under Article 11(1) of the 1989 Order | |
(special provisions for access) to obtain access to excluded material | |
and special procedure material, in accordance with Schedule 1 to that | |
Order and the following provisions of this paragraph; | |
(b) Schedule 1 to that Order has effect as if the references in paragraphs | 35 |
1, 4, 5, 9 and 10 of that Schedule to a constable were references to the | |
designated person; | |
(c) Article 21(6) of that Order (protection for legally privileged material | |
from seizure) has effect in relation to the seizure of anything by the | |
designated person in exercise of the power conferred on him by | 40 |
paragraph 10 of Schedule 1 to that Order as it has effect in relation to | |
the seizure of anything under that paragraph by a constable; | |
(d) Article 22 of that Order (extension of powers of seizure to | |
computerised information) applies to the power of seizure conferred | |
on the designated person by paragraph 10 of Schedule 1 to that | 45 |
Order as it applies to the power of seizure conferred on a constable | |
by that paragraph; | |
(e) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by paragraph 10 of | 50 |
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(e) Schedule 1 to that Order as if the references to a constable included | |
references to the designated person; | |
(f) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by paragraph 10 of | 5 |
Schedule 1 to that Order or taken away by him following the | |
imposition of a requirement by virtue of sub-paragraph (d), and to | |
anything produced to him under paragraph 4(a) of Schedule 1 to that | |
Order— | |
(i) as they have effect in relation to anything seized in exercise of | 10 |
the power conferred on a constable by paragraph 10 of | |
Schedule 1 to that Order or taken away by a constable | |
following the imposition of a requirement by virtue of Article | |
22 of that Order or, as the case may be, to anything produced | |
to a constable under paragraph 4(a) of that Schedule; | 15 |
(ii) as if the second reference to a constable in paragraph (3) of | |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | |
Entry and search after arrest | 20 |
4 Where a designation applies this paragraph to a person— | |
(a) he has the powers of a constable under Article 20 of the 1989 Order | |
(entry and search after arrest) to enter and search premises and to | |
seize and retain anything for which a constable may search under | |
that Article; | 25 |
(b) paragraphs (5) and (6) of that Article (power to carry out search | |
before arrested person taken to police station and duty to inform | |
senior officer) have effect in relation to any exercise by the | |
designated person of those powers as if the references in those | |
paragraphs to a constable were references to the designated person; | 30 |
(c) Article 21(6) of that Order (protection for legally privileged material | |
from seizure) has effect in relation to the seizure of anything by the | |
designated person by virtue of sub-paragraph (a) as it has effect in | |
relation to the seizure of anything under Article 20(2) of that Order | |
by a constable; | 35 |
(d) Article 22 of that Order (extension of powers of seizure to | |
computerised information) applies to the power of seizure conferred | |
on the designated person by virtue of sub-paragraph (a) as it applies | |
to the power of seizure conferred on a constable by Article 20(2) of | |
that Order; | 40 |
(e) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by virtue of sub-paragraph | |
(a) as if the references to a constable included references to the | |
designated person; | 45 |
(f) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by virtue of sub- | |
paragraph (a) or taken away by him following the imposition of a | |
requirement by virtue of sub-paragraph (d)— | 50 |
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(i) as they have effect in relation to anything seized in exercise of | |
the power conferred on a constable by Article 20(2) of that | |
Order or taken away by a constable following the imposition | |
of a requirement by virtue of Article 22 of that Order; | |
(ii) as if the second reference to a constable in paragraph (3) of | 5 |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | |
General power of seizure | |
5 Where a designation applies this paragraph to a person— | 10 |
(a) when lawfully on any premises, he has the same powers as a | |
constable under Article 21 of the 1989 Order (general powers of | |
seizure) to seize things; | |
(b) he has the powers of a constable to impose a requirement by virtue | |
of paragraph (4) of that Article in relation to information accessible | 15 |
from premises; | |
(c) paragraph (6) of that Article (protection for legally privileged | |
material from seizure) has effect in relation to the seizure of anything | |
by the designated person by virtue of sub-paragraph (a) as it has | |
effect in relation to the seizure of anything under Article 21 of that | 20 |
Order by a constable; | |
(d) Article 23(1) and (2) of that Order (provision of record of seizure) has | |
effect in relation to the seizure of anything by the designated person | |
in exercise of the power conferred on him by virtue of sub-paragraph | |
(a) as if the references to a constable included references to the | 25 |
designated person; | |
(e) Articles 23(3) to (8) and 24 of that Order (access, copying and | |
retention) have effect in relation to anything seized by the designated | |
person in exercise of the power conferred on him by virtue of sub- | |
paragraph (a) or taken away by him following the imposition of a | 30 |
requirement by virtue of sub-paragraph (b)— | |
(i) as they have effect in relation to anything seized in exercise of | |
the power conferred on a constable by Article 21(2) or (3) of | |
that Order or taken away by a constable following the | |
imposition of a requirement by virtue of Article 21(4) of that | 35 |
Order; | |
(ii) as if the second reference to a constable in paragraph (3) of | |
Article 23 of that Order and the references to a constable in | |
paragraphs (4) and (5) of that Article included references to a | |
person to whom this paragraph applies. | 40 |
Access and copying in the case of things seized by constables | |
6 Where a designation applies this paragraph to a person, Article 23 of the | |
1989 Order (access and copying) has effect in relation to anything seized by | |
a constable as if the second reference to a constable in paragraph (3) of | |
Article 23 and the references to a constable in paragraphs (4) and (5) of that | 45 |
Article (supervision of access and photographing of seized items) included | |
references to the designated person. | |
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