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| Northern Ireland (Miscellaneous Provisions) Bill, As Amended
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| To move the following Clause:— |
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| | ‘(1) | A public authority must, in exercising its functions, act in the way it considers |
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| | best calculated to contribute to the achievement of sustainable development in |
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| | Northern Ireland, except to the extent that it considers that any such action is not |
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| | reasonably practicable in all the circumstances of the case. |
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| | (a) | a public authority must have regard to any strategy or guidance relating |
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| | to sustainable development issued by the Department of the |
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| | (b) | a public authority other than a Northern Ireland department must have |
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| | regard to any guidance relating to sustainable development issued by a |
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| | Northern Ireland department other than the Department of the |
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| | (3) | In this section “public authority” means— |
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| | (a) | a Northern Ireland department, |
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| | (b) | a district council in Northern Ireland, and |
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| | (c) | any other person designated for the purposes of this section by order |
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| | made by the Office of the First Minister and deputy First Minister. |
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| | (4) | The power to make an order under subsection (3)(c) is exercisable by statutory |
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| | rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. |
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| | (5) | Such an order may not be made unless a draft of the order has been laid before, |
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| | and approved by a resolution of, the Northern Ireland Assembly.’. |
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| | Conditions for devolving policing and justice matters |
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| To move the following Clause:— |
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| | ‘(1) | Amend section 4 of the 1998 Act (transferred, excepted and reserved matters) as |
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| | (2) | In subsection (2), for “subsection (3)” substitute “subsections (2A) and (3)”. |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | The Secretary of State shall not lay before Parliament under subsection |
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| | (2) the draft of an Order amending Schedule 3 so that a devolved policing |
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| | and justice matter ceases to be a reserved matter unless— |
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| | (a) | a motion for a resolution praying that the matter should cease to |
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| | be a reserved matter is tabled by the First Minister and the deputy |
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| | First Minister acting jointly; and |
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| | (b) | the resolution is passed by the Assembly with the support of a |
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| | majority of the members voting on the motion, a majority of the |
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| | designated Nationalists voting and a majority of the designated |
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| | (4) | In subsection (3), for “the draft of an Order before Parliament under subsection |
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| | (2)” substitute “before Parliament under subsection (2) the draft of any other |
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| | (5) | After subsection (5) insert— |
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| | “(6) | In this section “devolved policing and justice matter” means a matter |
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| | falling within a description specified in— |
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| | (a) | any of paragraphs 9 to 12, 14A to 15A and 17 of Schedule 3; or |
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| | (b) | any other provision of that Schedule designated for this purpose |
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| | by an order made by the Secretary of State.” |
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| | (6) | In this Part “the 1998 Act” means the Northern Ireland Act 1998 (c. 47).’. |
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| | Criminal Damage (Compensation) (Northern Ireland) Order 1977 amendment |
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| | Negatived on division NC2 |
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| To move the following Clause:— |
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| | ‘After subsection 4(a) of the Criminal Damage (Compensation) (Northern |
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| | Ireland) Order 1977 there is inserted—
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| | “Any building to which Artic1e 12 of the Rates (Capital Values, etc.) (Northern |
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| | Ireland) Order 2006 applies.”.’. |
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| | Anonymous registration: Northern Ireland |
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| To move the following Clause:— |
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| | ‘After section 9 of the 1983 Act insert— |
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| | “9A | Anonymous registration: Northern Ireland |
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| | (1) | This section applies if an application for registration in a register of |
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| | parliamentary electors of local government electors is made in |
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| | accordance with the requirements for the purposes of section 10A(1)(a) |
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| | below and is accompanied by— |
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| | (a) | an application under this section made in accordance with |
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| | prescribed requirements (an application for an anonymous |
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| | (b) | a declaration made in accordance with such requirements for the |
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| | purposes of this section, and |
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| | (c) | such evidence in support of the application for anonymous |
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| | registration as may be prescribed. |
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| | (2) | If the registration officer determines that the person is entitled to be |
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| | registered, he must also determine whether the safety test is satisfied. |
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| | (3) | If the registration officer determines that the safety test is satisfied— |
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| | (a) | section 9(2) does not apply in relation to the person; and |
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| | (b) | the person’s entry in the register shall instead contain letters in |
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| | the prescribed form and his electoral number. |
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| | (4) | An entry containing the matters mentioned in subsection (3)(b) above is |
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| | referred to in this Act as an anonymous entry. |
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| | (5) | If an anonymous entry is made in respect of a person, the registration |
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| | officer shall remove any other entry in the register for that person. |
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| | (6) | If the registration officer does not determine that the safety test is |
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| | satisfied, no entry is to be made in respect of him in the register (whether |
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| | an anonymous entry or otherwise). |
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| | (7) | Subsection (6) above does not affect— |
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| | (a) | any other entry in the register for the person; |
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| | (b) | the determination of any further application for registration |
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| | which is made by the person (including an application which is |
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| | treated as having been made by him by virtue of section 10A(2) |
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| | (8) | Any communication sent by a registration officer or the returning officer |
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| | for any election to a person who has an anonymous entry (A) must be sent |
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| | in an envelope or other form of covering so as not to disclose to any other |
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| | person that A has an anonymous entry. |
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| | (9) | The safety test is satisfied if the safety of the applicant for an anonymous |
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| | entry or that of any other person of the same household would be at risk |
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| | if the register contains the name of the applicant or his qualifying address. |
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| | (10) | In this section, “determines” means determines in accordance with |
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| | 9B | Removal of anonymous entry: Northern Ireland |
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| | (1) | If a person has an anonymous entry in a register, his entitlement to remain |
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| | in pursuance of the application for registration mentioned in section |
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| | (a) | at the end of the period of 12 months beginning with the date |
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| | when the entry in the register first takes effect, or |
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| | (b) | if the declaration made for the purposes of section 9A is at the |
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| | time when the declaration is cancelled. |
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| | (2) | Subsection (1) above does not affect the application of any other |
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| | provision of this Act or of the Representation of the People Act 1985 |
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| | which has the effect that the person’s entitlement to registration |
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| | terminates before the expiry of the 12 month period mentioned in |
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| | subsection (1) or before the cancellation of the declaration made for the |
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| | (3) | If a person’s entitlement to remain registered terminates by virtue of |
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| | subsection (1) above, the registration officer concerned shall remove his |
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| | entry from the register, unless he is entitled to remain registered with an |
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| | anonymous entry in pursuance of a further application for registration |
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| | accompanied by a further application under section 9A.”.’. |
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| | Maintenance of registers: Northern Ireland |
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| To move the following Clause:— |
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| | ‘(1) | The 1983 Act is amended as follows. |
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| | (2) | After section 10A there is inserted— |
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| | “10ZA | Maintenance of registers: Northern Ireland |
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| | (1) | The Chief Electoral Officer for Northern Ireland must confirm annually |
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| | the details of every voter registered in every household in Northern |
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| | (2) | The form to be used for the purposes of subsection (1) above shall be |
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| | prescribed by the Secretary of State by order, but shall include— |
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| | (a) | the details of all such persons registered in that household; |
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| | (b) | the ability for every voter to confirm their details by provision of |
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| | (c) | the ability to amend the recorded information by requesting the |
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| | removal of a person from the register or requesting an individual |
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| | registration form to be sent to that particular address to allow |
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| | another voter to be added to the register.”.’. |
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| | Appointment of visitor for a child who is not being visited |
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| To move the following Clause:— |
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| | ‘For Article 31(1) of the Children (Northern Ireland) Order SI No.755 (N.I. 2) |
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| | “(1) | Where it appears to an authority in relation to any child whom the |
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| | authority is accommodating under Article 21 for a continuous period of |
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| | more than 3 months that it would be in the child’s best interests for an |
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| | independent person to be appointed to be his visitor for the purposes of |
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| | this Article, the authority shall appoint such a visitor. |
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| | (1A) | In ascertaining the child’s best interest under 31(1) the authority must |
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| | take into account the child’s age and understanding about the |
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| | appointment of an independent visitor subject to subsection (5).”.’. |
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| | Amendments to section 30 of the 1998 Act |
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| | Negatived on division nc7 |
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| To move the following Clause:— |
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| | ‘(1) | Section 30 of the 1988 Act (exclusion of Ministers from office) is amended as |
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| | (2) | After paragraph (1)(b) insert— |
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| | “(c) | because he is no longer committed to upholding the rule of law |
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| | (3) | After paragraph (2)(b) insert— |
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| | “(c) | because it is no longer committed to upholding the rule of law in |
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| | (4) | After paragraph (7)(d) insert— |
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| | “(e) | is committed now and in the future to upholding the rule of law |
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| | Amendment to section 18 of the 1998 Act |
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| To move the following Clause:— |
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| | ‘In Section 18 of the 1998 Act after subsection (8) insert— |
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| | “(8A) | A Northern Ireland Minister shall not take up office until he has made a |
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| | declaration before the Assembly pledging to uphold the rule of law.”.’. |
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| | Powers of the Northern Ireland Human Rights Commission |
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| To move the following Clause:— |
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| | ‘Insert the following after section 69 of the Northern Ireland Act 1998— |
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| | “69A | Powers of Commission to conduct investigations |
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| | (1) | The Commission may for the purpose of any investigation under section |
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| | (a) | conduct an investigation itself, or |
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| | (i) | a committtee of the Commission, or |
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| | (ii) | any person that the Commission deems appropriate |
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| | | to conduct an investigation on its behalf. |
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| | (2) | For the purpose of any investigation under section 69(8) the Commission |
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| | shall appoint a chair of the investigation. |
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| | (3) | The chair of any investigation appointed pursuant to subsection (2) may |
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| | by notice require a person to attend at a time and place stated in the |
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| | (b) | to produce any documents in his custody or under his control that |
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| | relate to a matter in question in the investigation; |
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| | (c) | to produce any other thing in his custody or under his control for |
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| | inspection, examination or testing by or on behalf of the |
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| | (4) | The chair may by notice require a person, within such period as appears |
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| | to the investigation to be reasonable— |
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| | (a) | to provide evidence to the investigation in the form of a written |
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| | (b) | to provide any documents in his custody or under his control that |
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| | relate to a matter in question in the investigation; |
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| | (c) | to produce any other thing in his custody or under his control for |
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| | inspection, examination or testing by or on behalf of the |
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| | (5) | A notice under subsections (3) or (4) must— |
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| | (a) | explain the possible consequences of not complying with the |
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| | (b) | indicate what the recipient of the notice should do if he wishes to |
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| | make a claim within subsection (5). |
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| | (6) | A claim by a person that— |
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| | (a) | he is unable to comply with a notice under this section, or |
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| | (b) | it is not reasonable in all the circumstances to require him to |
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| | comply with such a notice, |
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| | | is to be determined by the chair of the investigation, who may revoke or |
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| | vary the notice on that ground. |
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| | (7) | In deciding whether to revoke or vary a notice pursuant to subsection |
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| | (6)(b), the chair must consider the public interest in the information in |
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| | question being obtained by the investigation, having regard to the likely |
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| | importance of the information. |
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| | (8) | For the purposes of this section a thing is under a person’s control if it is |
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| | in his possession or if he has a right to possession of it. |
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| | 69B | Privileged information |
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| | (1) | A person may not under section 69A be required to give, produce or |
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| | provide any evidence or document if— |
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| | (a) | he could not be required to do so if the proceedings of the |
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| | investigation were civil proceedings in a court in Northern |
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| | (b) | the requirement would be incompatible with a Community |
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| | (2) | The rules of law under which evidence or documents are permitted or |
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| | required to be withheld on grounds of public interest immunity apply in |
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| | relation to an investigation as they apply in relation to civil proceedings |
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| | in a court in Northern Ireland. |
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| | 69C | Powers of entry and inspection for purposes of investigations |
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| | (1) | Where the chair considers it necessary to do so for the proper conduct of |
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| | an investigation, any person authorised by the chair may, at any |
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| | reasonable time, enter any premises managed by a public authority. |
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| | (2) | On entering any premises under this section, an authorised person may— |
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| | (a) | make any examination into the state and mangement of the |
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| | (b) | inspect and take copies of any documents or records which are |
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| | (c) | interview in private and with his consent any person present |
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| | (3) | Where an authorised person proposes to exercise any power conferred by |
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| | this section he shall, if so required, produce some duly authenticated |
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| | document showing his authority to exercise the power. |
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