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“(10A) Subsection (10B) applies if the Chief Constable supplies to a person | |
conducting an inquiry under this section any information which in the | |
opinion of the Chief Constable is— | |
(a) information the disclosure of which would be likely to put an | |
individual in danger, or | 5 |
(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; | 10 |
(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 | 15 |
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; | 20 |
(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 | 25 |
(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) to (4). | |
(2) In sub-paragraph (3) for “that day” substitute “the day on which the chairman | |
calls the meeting”. | 30 |
(3) In sub-paragraph (5) after “by” insert— | |
“— | |
(a) a majority of members of the Board present and voting on the | |
proposal, and | |
(b) ”. | 35 |
(4) In sub-paragraph (6)— | |
(a) for “10” substitute “8”; | |
(b) for “9” substitute “7”; | |
(c) for “8” substitute “6”. | |
(5) Subsections (1) to (4) have effect in relation to meetings under paragraph 18 of | 40 |
Schedule 1 to the Police (Northern Ireland) Act 2000 called on or after the day | |
on which this Act is passed. | |
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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 | 5 |
police if— | |
(a) the practice or policy comes to his attention under this Part, and | |
(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 | 10 |
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 | |
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 | 15 |
section he shall immediately inform the Chief Constable, the Board and | |
the Secretary of State of— | |
(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 | 20 |
conducted. | |
(4) When an investigation under this section has been completed the | |
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— | 25 |
(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 | |
(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 shall cease to have effect. | 30 |
(3) In section 63(2A) of the Police (Northern Ireland) Act 1998 for “report under | |
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— | 35 |
(a) the Chief Constable or the Board supplies information, or | |
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 | 40 |
information of a kind mentioned in paragraph (a) or (b) of | |
subsection (4). | |
(3) The person supplying the information must— | |
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(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 | |
its opinion, the information is information of a kind mentioned | |
in paragraph (a) or (b) of subsection (4). | 5 |
(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; | |
(b) information which ought not to be disclosed on any of the | |
grounds mentioned in section 76A(1).” | 10 |
District policing partnerships | |
13 Independent members | |
In paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) | |
(appointment of independent members of district policing partnerships) after | |
sub-paragraph (1) insert— | 15 |
“(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.” | |
14 Disqualification | |
In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 | 20 |
(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 | |
for membership of a DPP until the date of the next local general | |
election following his removal.” | 25 |
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 | |
paragraphs inserted after paragraph 10— | |
“Indemnities | 30 |
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 | |
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 | 35 |
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. | |
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(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 | 5 |
this paragraph.” | |
Police functions and service | |
16 Core policing principles | |
(1) In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) (the police) at the | |
beginning insert— | 10 |
“Core policing principles | |
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. | 15 |
(2) In carrying out their functions, police officers shall be guided by the | |
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);”. | 20 |
(3) In section 57 of that Act (annual reports by Board), in subsection (2)(a) before | |
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. | 25 |
(5) In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of the | |
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 | 30 |
Chief Constable) for subsection (2) substitute— | |
“(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. | 35 |
(4) The duty under subsection (3) applies only so far as consistent with the | |
duty under subsection (2).” | |
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