|
| |
| |
“road closure works” means works executed in connection with the |
| |
closure or diversion of a road specified in an order under this section |
| |
(whether executed in pursuance of the order or in pursuance of power |
| |
under an enactment to close or divert the road). |
| |
| 5 |
(a) | may contain savings and transitional provisions, |
| |
(b) | may make provision generally or for specified purposes only, and |
| |
(c) | may make different provision for different purposes. |
| |
| |
| 10 |
(1) | This section applies for the purposes of sections 20 to 29. |
| |
(2) | A power conferred on a person— |
| |
(a) | is additional to powers which he has at common law or by virtue of any |
| |
| |
(b) | shall not be taken to affect those powers or Her Majesty’s prerogative. |
| 15 |
(3) | A constable or member of Her Majesty’s forces may if necessary use reasonable |
| |
force for the purpose of exercising a power conferred on him. |
| |
(4) | Where anything is seized it may (unless the contrary intention appears) be |
| |
retained for so long as is necessary in all the circumstances. |
| |
(5) | A power to search premises conferred by virtue of this Act shall be taken to |
| 20 |
include power to search a container. |
| |
(6) | A member of Her Majesty's forces exercising a power when he is not in uniform |
| |
shall, if requested to do so by a person at or about the time of exercising the |
| |
power, produce to that person documentary evidence that he is a member of |
| |
| 25 |
| |
(1) | The Secretary of State may make codes of practice in connection with— |
| |
(a) | the exercise by police officers of a power conferred by this Act, and |
| |
(b) | the seizure and retention of property found by police officers when |
| |
exercising powers of search conferred by this Act. |
| 30 |
(2) | The Secretary of State may make codes of practice in connection with the |
| |
exercise by members of Her Majesty's forces of a power conferred by this Act. |
| |
(3) | Where the Secretary of State proposes to issue a code of practice he shall— |
| |
| |
(b) | consider any representations made to him about the draft, and |
| 35 |
(c) | if he thinks it appropriate, modify the draft in the light of any |
| |
representations made to him. |
| |
(4) | The Secretary of State shall lay a draft of the code before Parliament. |
| |
(5) | When the Secretary of State has laid a draft code before Parliament he may |
| |
bring it into operation by order made by statutory instrument. |
| 40 |
| |
| |
|
| |
| |
(6) | The Secretary of State may revise the whole or any part of a code of practice |
| |
issued by him and issue the code as revised; and subsections (3) to (5) shall |
| |
apply to such a revised code as they apply to an original code. |
| |
(7) | In this section “police officer” means a member of the Police Service of |
| |
Northern Ireland or the Police Service of Northern Ireland Reserve. |
| 5 |
| |
(1) | A failure by a police officer to comply with a provision of a code shall not of |
| |
itself make him liable to criminal or civil proceedings. |
| |
(2) | A failure by a member of Her Majesty's forces to comply with a provision of a |
| |
code shall not of itself make him liable to any criminal or civil proceedings |
| 10 |
| |
(a) | proceedings under any provision of the Army Act 1955 (c. 18) or the Air |
| |
Force Act 1955 (c. 19) other than section 70 (civil offences), and |
| |
(b) | proceedings under any provision of the Naval Discipline Act 1957 |
| |
(c. 53) other than section 42 (civil offences). |
| 15 |
| |
(a) | shall be admissible in evidence in criminal or civil proceedings, and |
| |
(b) | shall be taken into account by a court or tribunal in any case in which it |
| |
appears to the court or tribunal to be relevant. |
| |
| 20 |
“criminal proceedings” includes proceedings in Northern Ireland before a |
| |
court-martial constituted under the Army Act 1955, the Air Force Act |
| |
1955 or the Naval Discipline Act 1957 and proceedings in Northern |
| |
Ireland before the Courts-Martial Appeal Court, and |
| |
“police officer” means a member of the Police Service of Northern Ireland |
| 25 |
or the Police Service of Northern Ireland Reserve. |
| |
35 | Code: procedure for order |
| |
(1) | An order under section 33(5) shall not be made, subject to subsection (2), unless |
| |
a draft has been laid before and approved by resolution of each House of |
| |
| 30 |
(2) | An order may be made without a draft having been approved if the Secretary |
| |
of State is of the opinion that it is necessary by reason of urgency; and the |
| |
| |
(a) | shall contain a declaration of the Secretary of State's opinion, and |
| |
(b) | shall cease to have effect at the end of the period of 40 days beginning |
| 35 |
with the day on which the Secretary of State makes the order, unless a |
| |
resolution approving the order is passed by each House during that |
| |
| |
(3) | For the purposes of subsection (2)— |
| |
(a) | a code of practice or revised code to which an order relates shall cease |
| 40 |
to have effect together with the order, |
| |
(b) | an order’s ceasing to have effect shall be without prejudice to anything |
| |
previously done or to the making of a new order (or the issue of a new |
| |
| |
| |
| |
|
| |
| |
(c) | the period of 40 days shall be computed in accordance with section 7(1) |
| |
of the Statutory Instruments Act 1946 (c. 36). |
| |
| |
The Chief Constable of the Police Service of Northern Ireland shall make |
| |
arrangements for securing that a record is made of each exercise by a constable |
| 5 |
of a power under sections 20 to 25 in so far as— |
| |
(a) | it is reasonably practicable to do so, and |
| |
(b) | a record is not required to be made under another enactment. |
| |
| |
Schedule 4 (which provides for compensation to be paid for certain action |
| 10 |
taken under sections 20 to 31) shall have effect. |
| |
| |
(1) | This section applies to an offence under sections 20 to 31, except for an offence |
| |
under paragraph 12 of Schedule 4. |
| |
(2) | Proceedings for an offence to which this section applies shall not be instituted |
| 15 |
without the consent of the Director of Public Prosecutions for Northern |
| |
| |
(3) | But if it appears to the Director of Public Prosecutions for Northern Ireland that |
| |
an offence to which this section applies has been committed for a purpose |
| |
wholly or partly connected with the affairs of a country other than the United |
| 20 |
Kingdom, his consent for the purposes of this section may be given only with |
| |
the permission of the Advocate General for Northern Ireland. |
| |
(4) | In relation to any time before the coming into force of section 27(1) of the Justice |
| |
(Northern Ireland) Act 2002 (c. 26), the reference in subsection (3) to the |
| |
Advocate General for Northern Ireland is to be read as a reference to the |
| 25 |
Attorney General for Northern Ireland. |
| |
| |
(1) | The Secretary of State shall appoint a person (“the reviewer”) to review— |
| |
(a) | the operation of sections 20 to 31, and |
| |
(b) | the procedures adopted by the General Officer Commanding Northern |
| 30 |
Ireland (“GOC”) for receiving, investigating and responding to |
| |
| |
(2) | The reviewer shall conduct a review as soon as is reasonably practicable after— |
| |
| |
(b) | each subsequent 31st July. |
| 35 |
(3) | The reviewer shall comply with any request of the Secretary of State to include |
| |
in a review specified matters (which need not relate to the matters specified in |
| |
subsection (1)(a) and (b)). |
| |
(4) | The reviewer shall send the Secretary of State a report of each review. |
| |
(5) | The Secretary of State shall lay a copy of each report before Parliament. |
| 40 |
| |
| |
|
| |
| |
| |
(a) | shall receive and investigate any representations about the procedures |
| |
mentioned in subsection (1)(b), |
| |
(b) | may investigate the operation of those procedures in relation to a |
| |
particular complaint or class of complaints, |
| 5 |
(c) | may require GOC to review a particular case or class of cases in which |
| |
the reviewer considers that any of those procedures have operated |
| |
| |
(d) | may make recommendations to GOC about inadequacies in those |
| |
procedures, including inadequacies in the way in which they operate in |
| 10 |
relation to a particular complaint or class of complaints. |
| |
| |
(a) | provide such information, |
| |
(b) | disclose such documents, and |
| |
(c) | provide such assistance, |
| 15 |
| as the Independent Assessor may reasonably require for the purpose of the |
| |
performance of his functions. |
| |
(8) | The Secretary of State may pay expenses and allowances to the reviewer, out of money |
| |
| |
| 20 |
(1) | The Secretary of State may by order repeal sections 20 to 39. |
| |
| |
(a) | may make provision generally or only for specified purposes, |
| |
(b) | may make different provision for different purposes, |
| |
(c) | may include incidental, consequential or transitional provision or |
| 25 |
| |
(d) | shall be made by statutory instrument, and |
| |
(e) | may not be made unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament. |
| |
| 30 |
In sections 20 to 37 (and Schedules 3 and 4)— |
| |
“act” or “action” includes omission, |
| |
| |
(a) | a building or part of a building used as a dwelling, and |
| |
(b) | a vehicle which is habitually stationary and which is used as a |
| 35 |
| |
“premises” includes any place and in particular includes— |
| |
| |
(b) | an offshore installation within the meaning given in section 44 |
| |
of the Petroleum Act 1998 (c. 17), and |
| 40 |
(c) | a tent or moveable structure, |
| |
“property” includes property wherever situated and whether real or |
| |
personal, and things in action and other intangible or incorporeal |
| |
| |
| |
| |
|
| |
| |
“public place” means a place to which members of the public have or are |
| |
permitted to have access, whether or not for payment, |
| |
“road” has the same meaning as in the Road Traffic Regulation (Northern |
| |
Ireland) Order 1997, and includes part of a road, and |
| |
“vehicle” includes an aircraft, hovercraft, train or vessel. |
| 5 |
| |
42 | Chief Inspector of Criminal Justice |
| |
(1) | The Justice (Northern Ireland) Act 2002 (c. 26) shall be amended as follows. |
| |
(2) | In section 46(1) (Chief Inspector of Criminal Justice in Northern Ireland: |
| |
organisations to be inspected)— |
| 10 |
(a) | after paragraph (e) insert— |
| |
“(ea) | the Life Sentence Review Commissioners,” and |
| |
(b) | after paragraph (h) insert— |
| |
“(ha) | the Northern Ireland Court Service, |
| |
(hb) | the Northern Ireland Legal Services Commission,”. |
| 15 |
(3) | In section 47(1) (Chief Inspector: programme of inspections) after “Secretary of |
| |
State” insert “, the Lord Chancellor”. |
| |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | the Lord Chancellor,” and |
| 20 |
(b) | renumber the paragraph (aa) inserted by Schedule 7 to the 2002 Act as |
| |
| |
(5) | After section 47(5) insert— |
| |
“(5A) | The Secretary of State may not require the Chief Inspector to carry out |
| |
an inspection or review under subsection (3) or (4) relating (wholly or |
| 25 |
partly) to the Northern Ireland Court Service or the Northern Ireland |
| |
Legal Services Commission without the consent of the Lord Chancellor. |
| |
(5B) | Before carrying out an inspection or review under subsection (3) or (4) |
| |
relating (wholly or partly) to the Northern Ireland Court Service or the |
| |
Northern Ireland Legal Services Commission the Chief Inspector must |
| 30 |
consult the Lord Chancellor.” |
| |
(6) | After section 47(6) insert— |
| |
“(6A) | The Chief Inspector may not inspect persons— |
| |
(a) | making judicial decisions, or |
| |
(b) | exercising judicial discretion.” |
| 35 |
(7) | At the end of section 49 (reports) add— |
| |
“(6) | If a report relates (wholly or partly) to the Northern Ireland Court |
| |
Service or the Northern Ireland Legal Services Commission, the Chief |
| |
Inspector must send a copy of it to the Lord Chancellor.” |
| |
(8) | The amendments in subsection (2) above are without prejudice to the power in |
| 40 |
section 46(6) of the Justice (Northern Ireland) Act 2002. |
| |
| |
| |
|
