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In force since 2016-05-13, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) The police shall be under the direction and control of the Chief Constable. (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. (4) The duty under subsection (3) applies only so far as consistent with the duty under subsection (2).
Propose a change(1) The Chief Constable shall supply the Board with such information and documents as the Board may require for the purposes of, or in connection with, the 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 is— (a) information the disclosure of which would be likely to put an individual in danger, or (b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1). (3) Subsection (4) applies if the Chief Constable supplies the Board with information which, in his opinion, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (4) The Chief Constable— (a) must inform the Secretary of State that the information has been supplied to the Board, and (b) must inform the Secretary of State and the Board that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (5) Subsection (6) applies if the Chief Constable supplies the Board with information which, in his opinion, is— (a) information the disclosure of which would be likely to put an individual in danger, or (b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c). (6) The Chief Constable— (a) must inform the Minister of Justice that the information has been supplied to the Board, and (b) must inform the Minister of Justice and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5). (7) This section applies to the Director General of the National Crime Agency as it applies to the Chief Constable. (8) In the application of this section to the Director General of the National Crime Agency— (a) each reference to the Chief Constable is to be read as a reference to the Director General; (b) the reference in subsection (1) to the exercise of any of the Board’s functions is to be read as a reference to the exercise of any of the Board’s functions in relation to the National Crime Agency; (c) if subsection (6) applies, the Director General must inform the Secretary of State of the matters set out in subsection (6)(a) and (b) (in addition to informing the Minister of Justice, in the case of subsection (6)(a) and (b), and the Board, in the case of subsection (6)(b)); (d) nothing in this section shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.
Propose a change(1) There shall be a deputy Chief Constable who may exercise all the functions of the Chief Constable— (a) during any absence, incapacity or suspension from duty of the Chief Constable; or (b) during any vacancy in the office of Chief Constable. (2) The deputy Chief Constable shall not have power to act by virtue of subsection (1) for a continuous period exceeding 3 months except with the consent of the Department of Justice. (3) Subsection (1) is in addition to, and not in substitution for, any other statutory provision which makes provision for the exercise by any other person of functions of the Chief Constable.
Propose a change(1) The Board shall, subject to the approval of the Minister of Justice, appoint the Chief Constable. (2) The Board shall, subject to the approval of the Minister of Justice and after consultation with the Chief Constable, appoint the other senior officers. (3) The Board— (a) may, with the approval of the Minister of Justice, call upon any senior officer to retire in the interests of efficiency or effectiveness; and (b) shall, if required by the Minister of Justice, call upon the Chief Constable so to retire. (4) Before granting his approval under subsection (3)(a) or making any requirement under subsection (3)(b), the Minister of Justice shall— (a) give the officer concerned an opportunity to make, either personally or otherwise, representations to him; and (b) where any such representations are made— (i) appoint a person or persons to hold an inquiry and to report to him; and (ii) consider any report so made. (5) A copy of any report made under subsection (4) shall be made available to the officer concerned. (6) The person appointed under subsection (4)(b) (or where two or more persons are so appointed, at least one of those persons) shall be a person who is not a police officer or a person employed in the civil service. (7) The costs incurred in respect of an inquiry under this section shall be defrayed by the Department of Justice. (8) A senior officer who is called upon to retire under this section shall retire— (a) in the case of the Chief Constable, on such date as the Minister of Justice may specify; and (b) in the case of any other senior officer, on such date as the Board may specify, or (in either case) on such earlier date as may be agreed between the officer and the Board. (9) This section has effect subject to any regulations made under section 25 of the 1998 Act.
Propose a change(1) This section applies to the Police Service of Northern Ireland. (2) Subject to subsection (3), appointments and promotions to any rank other than that of a senior officer shall be made, in accordance with regulations under section 25 of the 1998 Act, by the Chief Constable. (3) A person shall not be appointed to the rank of constable unless he has— (a) completed such period of service as a trainee (a “police trainee”) as may be prescribed by regulations under section 41(3); and (b) complied with such other conditions relating to training as may be so prescribed. (4) Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1).
Propose a change(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 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 Department of Justice may by order make such modifications as it considers necessary or expedient to any provision of the 1998 Act or this Act in its application to persons appointed under subsection (1). (5) The Department of Justice shall consult the Board and the Police Association before making an order under subsection (4).
Propose a change(1) This section applies to the Police Service of Northern Ireland Reserve. (2) Subject to subsection (3), the Chief Constable shall, in accordance with regulations under section 26 of the 1998 Act, appoint its members. (3) A person shall not be appointed as a reserve constable unless he has— (a) completed such period of service as a trainee (a “police reserve trainee”) as may be prescribed by regulations under section 41(3); and (b) complied with such other conditions relating to training as may be so prescribed.
Propose a change(1) Every police officer shall, on appointment, be attested as a constable by making before a justice of the peace a declaration in the following form— I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all individuals and their traditions and beliefs; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof according to law. (2) The Chief Constable shall take such steps as he considers necessary— (a) to bring the terms of the declaration to the attention of all police officers appointed before the coming into force of this section; and (b) to ensure that they understand it and understand the need to carry out their duties in accordance with it. (3) “Traditions and beliefs” does not include a tradition or belief so far as it is incompatible with the rule of law.
Propose a changeThe Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.
Propose a changeThe Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.
Propose a change(1) The following provisions of the Police Acts (and no others) shall apply to a police trainee and a police reserve trainee as they apply to a police officer— (a) in the 1998 Act— (i) section 29 (liability of Chief Constable for wrongful acts); (ii) section 32 (representation by Police Association); (iii) section 35 (membership of trade unions); (iv) section 67 (impersonation); (v) section 68 (causing disaffection); (b) in this Act— (i) section 33(1) (direction and control by Chief Constable); (ii) section 51 (notifiable memberships). (2) Any statutory provision (including one amended by Schedule 5) which for any purpose treats a police officer as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police trainee and a police reserve trainee as it applies in relation to a police officer. (3) The Department of Justice may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees. (3A) Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision— (a) imposing requirements as to nationality, age, skills, competencies and physical and mental fitness; (b) as to the grounds on which a person is ineligible for appointment. (4) Regulations under subsection (3) may— (a) provide for the application to police trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 25 of the 1998 Act; (b) provide for the application to police reserve trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 26 of the 1998 Act. (5) In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may— (a) authorise or require provision to be made by, or confer discretionary powers on, the Department of Justice, the Board, the Chief Constable or other persons; or (b) authorise or require the delegation by any person of functions conferred on him by or under the regulations. (6) The Department of Justice shall consult both the Board and the Police Association before making any regulations under subsection (3), other than regulations to which subsection (8) applies. (7) Subsection (8) applies to regulations under subsection (3), concerning police trainees, on a matter that relates to— (a) hours of duty, (b) leave, (c) pay and allowances, or (d) the issue, use and return of equipment. (8) Before making any such regulations the Department of Justice shall— (a) (subject to subsection (9)) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter, and (b) supply a draft of the regulations to, and consider any representations made by— (i) the Board, (ii) the Police Association, and (iii) the Chief Constable of the Police Service of Northern Ireland. (9) The duty in subsection (8)(a) does not apply if the Department of Justice considers that— (a) there is not enough time to refer to the matter to the Police Remuneration Review Body because the need to make the regulations is so urgent, or (b) it is unnecessary to do so by reason of the nature of the proposed regulations.
Propose a change(1) The Board may, with the approval of the Chief Constable, appoint persons as police cadets to undergo training with a view to becoming police officers. (2) Police cadets shall be appointed on such terms and conditions as the Department of Justice may determine. (3) Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.
Propose a change(1) The Chief Constable may, in accordance with regulations made by the Department of Justice, appoint a person to exercise prescribed functions of the Chief Constable in connection with the recruitment of persons other than— (a) senior officers; and (b) members of the police support staff appointed under section 4(2). (2) Before making any regulations under subsection (1), the Department of Justice shall consult— (a) the Board; (b) the Chief Constable; (c) the Equality Commission for Northern Ireland; and (d) the Police Association. (3) Regulations under subsection (1)— (a) shall provide for the appointment of a person under that subsection to be made on such terms and conditions (including conditions as to payment) as may be determined in accordance with the regulations; (b) may impose on any person appointed under that subsection such duties as appear to the Department of Justice to be necessary or expedient in connection with the exercise by that person of any prescribed functions of the Chief Constable. (4) Anything done or omitted to be done by or in relation to a person appointed under subsection (1) (or an employee of his) in, or in connection with, the exercise or purported exercise of any prescribed functions of the Chief Constable shall be treated for all purposes as done or omitted to be done by or in relation to the Chief Constable. (5) Subsection (4) does not apply— (a) for the purposes of so much of any contract made between the Chief Constable and the person appointed under subsection (1) as relates to the exercise of any prescribed functions of the Chief Constable; or (b) for the purpose of any criminal proceedings brought in respect of anything done or omitted to be done by the person appointed under subsection (1) (or an employee of his). (6) In this section “prescribed” means prescribed by regulations under subsection (1). (7) Nothing in this section affects any other power which the Chief Constable has to enter into arrangements concerning the discharge of functions of his which are not prescribed under subsection (1).
Propose a change(1) The Department of Justice shall by regulations prescribe the arrangements to be made, by the Chief Constable or a person appointed under section 43(1), for the recruitment of persons for appointment— (a) as police trainees; (b) as police reserve trainees; and (c) under section 4(3) to posts in the police support staff. (2) Before making any regulations under subsection (1) the Department of Justice shall consult— (a) the Board; (b) the Chief Constable; (c) the Equality Commission for Northern Ireland; and (d) the Police Association. (3) The regulations shall include provision for— (a) the advertising of vacancies; (b) the information to be provided by applicants; (c) the tests to be undertaken by applicants; (d) the vetting of applicants; (e) the review, in prescribed circumstances, of decisions taken under the regulations; (f) prescribed functions under the regulations to be exercised by persons who are, or include, persons who are not, and have not at any time been— (i) police officers; (ii) members of the police support staff; or (iii) members of the Board. (4) In making regulations under this section, the Department of Justice shall have regard, in particular, to the need to secure that information is not disclosed contrary to the public interest. (5) In relation to the recruitment of persons for appointment as police trainees, the regulations shall include provision for the selection of ... applicants to form a pool of applicants for the purposes of section 46(1A) and (1E) . (6) In relation to the recruitment of persons for appointment under section 4(3) to relevant posts in the police support staff, the regulations shall include provision for the selection of ... applicants to form a pool of applicants for the purposes of section 46(5A) and (5E) . (7) For the purposes of subsection (6) and section 46(5) a post in the police support staff is a relevant post if at the time the vacancy for that post is advertised it appears to the Chief Constable that it is one of at least 6 vacancies for posts in the police support staff which are— (a) at the same level; and (b) to be filled at or about the same time. (8) In this section “prescribed” means prescribed by regulations under subsection (1).
Propose a change(1) In exercising its functions in relation to the appointment of senior officers, the Board shall take such steps as it considers necessary to encourage applications for appointment from suitably qualified external candidates. (2) In exercising his functions in relation to the appointment of police officers (other than senior officers), the Chief Constable shall take such steps as he considers necessary to encourage applications for appointment from suitably qualified external candidates. (3) In complying with subsections (1) and (2), the Board and the Chief Constable shall have regard to the progress which has been made towards securing that membership of the police is representative of the community in Northern Ireland. (4) “Suitably qualified external candidates” means candidates who— (a) are not currently serving in the police; and (b) satisfy the qualifications for appointment which— (i) are prescribed in regulations made under section 25 or 26 of the 1998 Act; or (ii) are otherwise determined for the rank in question.
Propose a change(1) Subject to subsection (2), in making appointments under section 39 on any occasion, the Chief Constable shall proceed as set out in subsections (1A) to (1F). (1A) He shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) an even number of persons of whom— (a) one half shall be persons who are treated as Roman Catholic; and (b) one half shall be persons who are not so treated. (1B) Where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person— (a) is physically and mentally fitted for appointment; and (b) is not unsuitable for appointment; the Chief Constable shall confirm the appointment. (1C) Subsections (1D), (1E) and (1F) apply where following the provisional appointment of any person under subsection (1A) it is determined in accordance with regulations under section 44 that the person— (a) is not physically and mentally fitted for appointment; or (b) is unsuitable for appointment. (1D) The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect. (1E) The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(5) a person to replace the unsuccessful applicant being a person who— (a) is treated as Roman Catholic, where the unsuccessful applicant was so treated; or (b) is not so treated, where the unsuccessful applicant was not so treated. (1F) Subsections (1B) to (1E) apply in relation to a person provisionally appointed under subsection (1E) as they apply in relation to a person provisionally appointed under subsection (1A). (1G) In subsections (1B) and (1C) references to a person being “physically and mentally fitted for appointment” and “unsuitable for appointment” have such meanings as may be prescribed by regulations under section 41(3). (2) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of the preceding subsections in their application to the making of appointments under section 39 on any occasion specified in the order. (3) The Secretary of State shall not make an order under subsection (2) in relation to the making of appointments under section 39 on any occasion unless he is satisfied that— (a) were those appointments to be made in compliance with subsections (1) to (1F) the number of police trainees which the Chief Constable requires to be appointed on that occasion could not be appointed; or (b) one or more orders under subsection (2) have been made in the previous three years and he considers that it is appropriate to make the order for the purpose of redressing, or partially redressing, the imbalance occurring during that period. (4) No order may be made under subsection (2) as a result of subsection (3)(b) which has the effect, as respects an occasion specified in the order, of requiring more than three-quarters of the persons appointed on that occasion to be— (a) the persons who are treated as Roman Catholic; or (b) the persons who are not so treated. (5) Subject to subsection (6), in making appointments to relevant posts in the police support staff under subsection (3) of section 4 on any occasion, the Chief Constable (acting by virtue of subsection (5) of that section) shall proceed as set out in subsections (5A) to (5F). (5A) He shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) an even number of persons of whom— (a) one half shall be persons who are treated as Roman Catholic; and (b) one half shall be persons who are not so treated. (5B) Where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person— (a) is physically and mentally fitted for appointment; and (b) is not unsuitable for appointment; the Chief Constable shall confirm the appointment. (5C) Subsections (5D), (5E) and (5F) apply where following the provisional appointment of any person under subsection (5A) it is determined in accordance with regulations under section 44 that the person— (a) is not physically and mentally fitted for appointment; or (b) is unsuitable for appointment. (5D) The provisional appointment of that person (the unsuccessful applicant) shall cease to be of any effect. (5E) The Chief Constable shall provisionally appoint from the pool of applicants formed by virtue of section 44(6) a person to replace the unsuccessful applicant being a person who— (a) is treated as Roman Catholic, where the unsuccessful applicant was so treated; or (b) is not so treated, where the unsuccessful applicant was not so treated. (5F) Subsections (5B) to (5E) apply in relation to a person provisionally appointed under subsection (5E) as they apply in relation to a person provisionally appointed under subsection (5A). (6) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend any of subsections (5) to (5F) in their application to the making of appointments under section 4(3) on any occasion specified in the order. (7) The Secretary of State shall not make an order under subsection (6) in relation to the making of appointments under section 4 on any occasion unless he is satisfied that were those appointments to be made in compliance with subsections (5) to (5F) the number of police support staff which the Chief Constable requires to be appointed on that occasion could not be appointed. (8) In this section “treated as Roman Catholic” means treated by the Chief Constable in accordance with the Monitoring Regulations as belonging to the Roman Catholic community in Northern Ireland. (9) In subsection (8) “the Monitoring Regulations” means the Fair Employment (Monitoring) Regulations (Northern Ireland) 1999 or any regulations replacing those regulations and for the time being in operation. (10) In Part VIII of the Fair Employment and Treatment (Northern Ireland) Order 1998 (exceptions) after Article 71 there shall be inserted— The police and the police support staff 71A (1) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 46(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees). (2) Nothing in Part III or V shall render unlawful anything done by the Chief Constable in order to comply with the requirements of section 46(5) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff). (3) The application of any requirement or condition to any person applying for appointment as a police reserve trainee with a view to service in the Police Service of Northern Ireland Reserve on a part-time basis where the requirement or condition is one that the person applying is resident in a particular area is not by virtue of Article 3(2) unlawful under any provision of Part III or V. (11) In Part VI of the Race Relations (Northern Ireland) Order 1997 (exceptions) after Article 40 there shall be inserted— The Police Service of Northern Ireland and the police support staff 40A (1) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 46(1) of the Police (Northern Ireland) Act 2000 (selection of persons for appointment as police trainees). (2) Nothing in Parts II to IV shall render unlawful any act done by the Chief Constable in order to comply with the requirements of section 46(5) of the Police (Northern Ireland) Act 2000 (selection of persons for certain posts in police support staff).
Propose a change(1) In this section “the temporary provisions” means— (a) Article 40A of the Race Relations (Northern Ireland) Order 1997; (b) Article 71A of the Fair Employment and Treatment (Northern Ireland) Order 1998; (c) section 44(5) to (7); (d) section 45; and (e) section 46. (2) The temporary provisions shall, subject to subsection (3), expire on the third anniversary of the commencement date. (3) The Secretary of State may by order provide that all or any of the temporary provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding three years from the coming into operation of the order. (4) In deciding whether and, if so, how to exercise his powers under subsection (3), the Secretary of State shall— (a) have regard to the progress that has been made towards securing that membership of the police and the police support staff is representative of the community in Northern Ireland; and (b) consult the Board and take into account any recommendations made to him by the Board. (5) In this section “the commencement date” means the day appointed under section 79 for the coming into force of this section.
Propose a change(1) The Board may if requested to do so by the Chief Constable authorise the appointment to the rank of constable in the Police Service of Northern Ireland of a specified number of persons— (a) who have a specified policing skill, but (b) who have not complied with the requirements in paragraphs (a) and (b) of section 36(3). (2) The Board shall not give an authorisation under subsection (1) in relation to persons who have a particular policing skill unless it is satisfied— (a) that the requirements of subsection (3) are met; (b) that any further requirements which are specified by it under subsection (4) and which apply in relation to the giving of the authorisation are met. (3) The requirements are— (a) that there is a need for more persons who have the policing skill to be appointed to the rank of constable in the Police Service of Northern Ireland; (b) that the need cannot be met by the appointment of persons who have complied with the requirements in paragraphs (a) and (b) of section 36(3). (4) The Board may specify further requirements which apply in relation to the giving of an authorisation under subsection (1). (5) Any requirements specified under subsection (4) may apply in relation to the giving of all authorisations under subsection (1) or to the giving of aparticular authorisation or description of authorisation. (6) In this section “specified” means specified by the Board.
Propose a change(1) The Board shall make, and from time to time revise, a plan (its “action plan”) for monitoring the number of women in— (a) the police, (b) the police support staff, and (c) the Board’s staff, and, if they are under-represented, for increasing that number. (2) The Chief Constable shall, if requested to do so by the Board, prepare and submit to the Board a draft plan for monitoring the number of women in the police and, if they are under-represented, for increasing that number. (3) The Board may adopt the draft submitted to it under subsection (2) as part of its action plan, either— (a) as submitted; or (b) with such amendments as the Board may determine, after consultation with the Chief Constable. (4) Before making or revising its action plan, the Board shall consult— (a) the Equality Commission for Northern Ireland; (b) the Chief Constable; and (c) the Department of Justice. (5) The Board may publish its action plan in such manner as it thinks appropriate.
Propose a change(1) Regulations under section 25(2)(k) of the 1998 Act (pensions and gratuities in respect of service) may make special provision in respect of persons (“eligible persons”) who— (a) cease to be police officers serving in the Police Service of Northern Ireland at any time within a period prescribed by the regulations; and (b) comply with such conditions as may be so prescribed. (2) The period prescribed under subsection (1)(a) may be a period commencing before the coming into force of this section. (3) The special provision which may be made by such regulations includes provision modifying the Royal Ulster Constabulary Pensions Regulations 1988 in their application to eligible persons so as to— (a) increase the amount of any pension or gratuity which would otherwise be payable to such persons under those Regulations; (b) remove or relax any condition which would otherwise apply as to the entitlement of such persons to any pension or gratuity under those Regulations; (c) alter the time at or from which any pension or gratuity would otherwise be payable to such persons under those Regulations; (d) provide for the making of payments to such persons which would otherwise not be made under those Regulations. (4) Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association before making regulations) shall not apply in relation to regulations made by virtue of this section. (5) In section 26(2)(g) of the 1998 Act (application to reserve constables of provision with respect to pensions made under section 25 of that Act)— (a) after “pensions” insert “ or gratuities ”; (b) the reference to provision made under section 25 of the 1998 Act includes reference to provision made by virtue of this section.
Propose a changeIn section 27 of the 1998 Act (engagement on other police service) at the end there shall be added— (9) The preceding provisions of this section apply to a police officer serving in the Police Service of Northern Ireland Reserve as they apply to a police officer serving in the Police Service of Northern Ireland, but with the substitution— (a) for references to the Police Service of Northern Ireland of references to the Police Service of Northern Ireland Reserve; (b) for the references in subsection (3) to section 25 of references to section 26; and (c) for the reference in subsection (5) to section 25(3) of a reference to section 26(3).
Propose a change(1) For the purposes of this section, a police officer has a notifiable membership if membership of the organisation in question might reasonably be regarded as affecting the officer’s ability to discharge his duties effectively and impartially. (2) The Chief Constable may give guidance to police officers in connection with notifiable memberships. (3) Before issuing any guidance under subsection (2), the Chief Constable shall consult— (a) the Board; (b) the Department of Justice; and (c) the Northern Ireland Human Rights Commission. (4) The Chief Constable shall publish any guidance issued under subsection (2). (5) The Chief Constable shall require each police officer to inform him— (a) of any notifiable membership which that police officer believes he has; or (b) if he believes he has no notifiable memberships, of that belief. (6) In imposing a requirement on a police officer under subsection (5) the Chief Constable shall— (a) draw the attention of that officer to the provisions of this section; and (b) give a general explanation of the purposes for which the information required may lawfully be used. (7) The Chief Constable— (a) shall, subject to paragraphs (b) and (c), retain information received under this section for so long as the person to whom it relates remains a police officer; (b) shall amend that information where the police officer to whom it relates informs the Chief Constable that there has been a change in his notifiable memberships; and (c) shall destroy the information within one year from the date on which the person to whom it relates ceases to be a police officer. (8) No information received by the Chief Constable under this section is to be disclosed unless the person making the disclosure is a person to whom this subsection applies and the disclosure is made— (a) to the Ombudsman or an officer of the Ombudsman or to any other person in connection with the exercise of any function of the Ombudsman; (b) as permitted by section 63 of the 1998 Act; (c) to the Board in connection with the exercise of any of its functions; (d) for the purposes of any criminal, civil or disciplinary proceedings; (e) in the form of a summary or other general statement which does not identify any person to whom the information relates; (f) to, or with the consent of, the person to whom the information relates; or (g) to another person to whom this subsection applies. (9) Subsection (8) applies to— (a) the Chief Constable; (b) a police officer engaged in carrying out on behalf of the Chief Constable his functions under this section; (c) the Board, each of its members and the members of its staff; and (d) a member of the police support staff engaged in carrying out on behalf of the Chief Constable his functions under this section. (10) Any person who discloses information in contravention of subsection (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (11) It is a defence for a person charged with an offence under subsection (10) to show that, before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom subsection (8) applies. (12) But subsection (11) does not provide a defence if it is shown that the person concerned used his position as a person to whom subsection (8) applies in order to obtain the information. (13) The annual report of the Chief Constable under section 58 shall contain statistical information on the notifiable memberships of police officers of which he has been informed under this section. (14) For the purposes of this section a person is a member of an organisation if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution.
Propose a change(1) The Board shall issue, and may from time to time revise, a code of ethics for the purpose of— (a) laying down standards of conduct and practice for police officers; (b) making police officers aware of the rights and obligations arising out of the Convention rights (within the meaning of the Human Rights Act 1998). (2) In preparing the code, the Chief Constable and the Board shall have regard to the terms of the declaration set out in section 38(1). (2A) In revising the code the Chief Constable and the Board shall also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004. (3) A draft of the code shall be submitted by the Chief Constable to the Board for it to consider. (4) The Board may adopt the draft code— (a) as submitted by the Chief Constable; or (b) with such amendments as the Board may determine, after consultation with the Chief Constable. (5) Before issuing or revising the code the Board shall consult— (a) the Police Association; (b) the Department of Justice; (c) the Ombudsman; (d) the Northern Ireland Human Rights Commission; (e) the Equality Commission for Northern Ireland; and (f) any other person or body appearing to the Board to have an interest in the matter. (6) After consulting under subsection (5), the Board may make such further amendments to the draft code as it may determine, after consultation with the Chief Constable. (7) The Board shall publish any code of ethics issued or revised under this section in such manner as it thinks appropriate. (8) The Chief Constable shall take such steps as he considers necessary to ensure— (a) that all police officers have read and understood the code as currently in force; and (b) that a record is made and kept of the steps taken in relation to each officer. (9) In order to enable it to carry out its function under section 3(3)(d)(iv), the Board shall keep under review the steps taken by the Chief Constable under subsection (8). (10) The Department of Justice shall, so far as practicable, ensure that the provisions of the code currently in force under this section are reflected in the regulations relating to conduct or discipline made under section 25 or 26 of the 1998 Act. (10A) The Director General of the National Crime Agency shall take such steps as the Director General considers necessary to ensure— (a) that all National Crime Agency officers exercising functions in Northern Ireland have read and understood the code as currently in force; and (b) that a record is made and kept of the steps taken in relation to each officer. (10B) The Director General of the National Crime Agency shall, so far as practicable, ensure that the provisions of the code currently in force under this section are reflected in the disciplinary procedures applicable to National Crime Agency officers in relation to their exercise of functions in Northern Ireland.
Propose a change(1) The Department of Justice may issue, and from time to time revise, guidance on the use by police officers of equipment designed for use in maintaining or restoring public order. (2) Before issuing or revising any guidance under this section, the Department of Justice shall consult— (a) the Board; (b) the Chief Constable; (c) the Ombudsman; and (d) the Police Association. (3) The Department of Justice shall publish any guidance issued or revised under this section in such manner as it thinks appropriate.
Propose a change(1) The Department of Justice may make regulations— (a) prescribing the design of an emblem for the police; and (b) regulating the use of that or any other emblem— (i) on equipment or property used for the purposes of the police; or (ii) otherwise in connection with the police. (2) The Department of Justice may make regulations— (a) prescribing the design of a flag for the police; and (b) regulating the flying or carrying of that or any other flag— (i) on land or buildings used for the purposes of the police; or (ii) otherwise in connection with the police. (3) Before making any regulations under this section the Department of Justice shall consult— (a) the Board; (b) the Chief Constable; (c) the Police Association; and (d) any other person or body appearing to the Department of Justice to have an interest in the matter.
Propose a change(1) The Chief Constable shall make arrangements for each police officer to be assigned a serial number. (2) The Chief Constable shall ensure that, as far as practicable, the number assigned under this section to a police officer is so displayed on his uniform as to be clearly visible at all times when he is on duty and in uniform.
Propose a changeThe Board and the Chief Constable shall implement any arrangements made in pursuance of an agreement between the Government of the United Kingdom and the Government of Ireland dealing with co-operation on policing matters between the police and the Gárda Sióchána.
Propose a change(1) The Board shall, not later than 6 months after the end of each financial year, issue a report relating to the policing of Northern Ireland for the year. (2) A report issued under subsection (1) for any year shall include an assessment of— (a) the performance of the police in— (ia) complying with section 31A(1); (i) carrying out the general duty under section 32(1); (ii) complying with the Human Rights Act 1998; (iii) carrying out the policing plan; (b) the workings of Part VII of the 1998 Act (police complaints and disciplinary proceedings) and trends and patterns in complaints under that Part; (c) the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 71; (d) trends and patterns in crimes committed in Northern Ireland; (e) trends and patterns in recruitment to the police and the police support staff; (f) the extent to which the membership of the police and the police support staff is representative of the community in Northern Ireland; (g) the effectiveness of measures taken to secure that the membership of the police and the police support staff is representative of that community; (h) the level of public satisfaction with the performance of the police; (i) the level of public satisfaction with the performance of policing and community safety partnerships and district policing and community safety partnerships; (j) the effectiveness of policing and community safety partnerships and district policing and community safety partnerships in performing their functions and in particular the effectiveness of arrangements made under Part 3 of the Justice Act (Northern Ireland) 2011 in obtaining— (i) the views of the public about matters concerning policing; and (ii) the co-operation of the public with the police in preventing crime. (k) the exercise of the functions of the National Crime Agency in Northern Ireland; (l) the level of public satisfaction with the performance of the National Crime Agency in exercising functions in Northern Ireland; (m) the effectiveness of arrangements made under section 3(3A)(c) for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime. (2A) Nothing in subsection (2)(k), (l) or (m) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland. (3) The Board shall— (a) arrange for every report issued under subsection (1) to be published in such manner as appears to it to be appropriate; and (b) send a copy of the report to the Department of Justice. (4) The Board shall, whenever required by the Department of Justice, submit to the Department of Justice a report on such matters connected with the discharge of the Board’s functions, or otherwise with the policing of Northern Ireland, as may be specified in the requirement. (5) A report under subsection (4) shall be made— (a) in such form as may be specified in the requirement under that subsection; and (b) within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Board and the Department of Justice. (6) The Department of Justice may arrange, or require the Board to arrange, for a report under subsection (4) to be published in such manner as appears to the Department of Justice to be appropriate.
Propose a change(1) The Chief Constable shall, not later than 3 months after the end of each financial year, submit to the Board a general report on the policing of Northern Ireland during that year. (2) The Chief Constable shall arrange for a report submitted under this section to be published in such manner as appears to him to be appropriate. (3) The Chief Constable shall, at the same time as he submits a report to the Board under this section, submit the same report to the Department of Justice. (4) The Department of Justice shall lay before the Northern Ireland Assembly every report submitted to the Department of Justice under subsection (3). (5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a report as it applies in relation to the laying of a statutory document under an enactment.
Propose a change(1) The Chief Constable shall, whenever so required by the Board, submit to the Board a report on any such matter connected with the policing of Northern Ireland as may be specified in the requirement. (2) A report under this section shall be made— (a) in such form as may be specified in the requirement under subsection (1); and (b) within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Chief Constable and the Board. (3) The Chief Constable may refer to the Secretary of State a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (3A) The Chief Constable may refer to the Minister of Justice a requirement to submit a report under subsection (1) if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c). (4) Where a requirement to submit a report is referred to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A), the Secretary of State or (as the case may be) the Minister of Justice may— (a) within the period of 30 days from the date of the referral, or (b) within such longer period as may be agreed between the Board and (as the case may be) the Secretary of State or the Minister of Justice, modify or set aside the requirement, as necessary, for either or both of the purposes mentioned in subsection (4A). (4A) The purposes are— (a) exempting the Chief Constable from the obligation to report to the Board, as the case may be— ; (i) information which, in the opinion of the Secretary of State, ought not to be disclosed on the ground mentioned in section 76A(1)(a); or (ii) information which, in the opinion of the Minister of Justice, ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c); (b) imposing on the Chief Constable an obligation to supply any such information to a special purposes committee. (4B) Subsection (4D) applies if— (a) a requirement to submit a report has been made under subsection (1); (b) the Chief Constable has not referred the requirement to the Secretary of State under subsection (3) or to the Minister of Justice under subsection (3A); (c) the Chief Constable is of the opinion that a report in compliance with the requirement would include information of a kind mentioned in paragraph (a) or (b) of subsection (4C). (4C) The information is— (a) information the disclosure of which would be likely to put an individual in danger, or (b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1). (4D) The Chief Constable may, instead of including the information in the report to the Board, supply it to a special purposes committee. (4E) If the Chief Constable supplies information to a committee under subsection (4D) he shall prepare a summary of the information. (4F) The Chief Constable shall try to obtain the agreement of the committee to the terms of the summary. (4G) If the committee agrees to the terms of the summary, the Chief Constable shall include the summary in the report to the Board. (4H) Subsection (4I) applies if— (a) the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a), or (b) the Chief Constable includes information in a report to the Board and is of the opinion that the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (4I) The Chief Constable must— (a) inform the Secretary of State that the information has been included in a report to the Board or supplied to the committee; and (b) inform the Secretary of State and the recipient of the information that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (4J) Subsection (4K) applies if— (a) the Chief Constable supplies to a committee under subsection (4D) information which, in the opinion of the Chief Constable, is— (i) information the disclosure of which would be likely to put an individual in danger, or (ii) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c), or (b) the Chief Constable includes information in a report to the Board and is of the opinion that the information is— (i) information the disclosure of which would be likely to put an individual in danger, or (ii) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c). (4K) The Chief Constable must— (a) inform the Minister of Justice that the information has been included in a report to the Board or supplied to the committee; and (b) inform the Minister of Justice and the recipient of the information that, in his opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (a) or (b) of subsection (4J). (5) Subject to section 74A(7) the Board may arrange, or require the Chief Constable to arrange, for a report under this section to be published in such manner as appears to the Board to be appropriate. (6) The Director General of the National Crime Agency shall, whenever so required by the Board, submit to the Board a report on any such relevant NCA matter as may be specified in the requirement. (7) But the Board may not require the Director General to submit such a report before consulting the Secretary of State . (8) In this section “relevant NCA matter” means a matter which relates to— (a) how the Director General intends that functions of the National Crime Agency are to be exercised in Northern Ireland; or (b) whether the exercise of the functions of the National Crime Agency in Northern Ireland is, or was, in accord with their intended exercise. (9) Subsections (2) to (5) of this section apply to a report under subsection (6) as they apply to a report under subsection (1). (10) In the application of subsections (2) to (5) to a report under subsection (6), each reference to the Chief Constable is to be read as a reference to the Director General of the National Crime Agency.
Propose a change(1) Where the Board— (a) has considered a report on any matter submitted by the Chief Constable under section 59, and (b) considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances, the Board may, after consultation with the Chief Constable, cause such an inquiry to be held. (2) The Board shall immediately— (a) inform the Chief Constable, the Ombudsman and the Minister of Justice of any decision to cause an inquiry to be held under this section and of any matter into which inquiry is to be made; and (b) send a copy of the relevant report under section 59 to the Minister of Justice. (2A) Where it appears to the Board that an inquiry under this section may relate wholly or in part to— (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 or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998), the Board shall immediately inform the Secretary of State of the decision to cause the inquiry to be held and of any matter into which inquiry is to be made, and shall send a copy of the relevant report under section 59 to the Secretary of State. (3) The Chief Constable may refer to the Secretary of State the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on the ground mentioned in section 76A(2)(a). (4) The Secretary of State may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Secretary of State, overrule the decision of the Board. (5) The Secretary of State may overrule the Board only if, in his opinion, the inquiry ought not to be held on the ground mentioned in section 76A(2)(a). (5A) The Chief Constable may refer to the Minister of Justice the decision of the Board to cause an inquiry to be held under this section if it appears to the Chief Constable that such an inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c). (5B) The Minister of Justice may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Minister of Justice, overrule the decision of the Board. (5C) The Minister of Justice may overrule the Board only if, in the opinion of the Minister of Justice, the inquiry ought not to be held on any of the grounds mentioned in section 76A(2)(b) or (c). (6) The Board may request a person mentioned in subsection (8) to conduct an inquiry under this section. (7) The person mentioned in subsection (8) may comply with the request under subsection (6) and shall do so if so directed by the Minister of Justice. (8) The persons are— (a) the Comptroller and Auditor General for Northern Ireland; (b) the Ombudsman; (c) an inspector of constabulary for Northern Ireland. (9) The Board may, with the agreement of the Minister of Justice, appoint any other person to conduct an inquiry under this section. (10) An inquiry under this section shall be held in public except where the person conducting it decides that it is necessary in the public interest not to do so. (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 information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (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; and (b) inform the Secretary of State, the Board and the person conducting the inquiry that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (10C) Subsection (10D) 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 (b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c). (10D) The Chief Constable must— (a) inform the Minister of Justice and the Board that the information has been supplied to the person conducting the inquiry; and (b) inform the Minister of Justice, 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 (10C). (11) An inquiry under this section may not deal with a pre-commencement matter. (12) But subsection (11) does not prevent a person conducting an inquiry under this section from considering information relating to a pre-commencement matter if, and only to the extent that, consideration of that information is necessary for him to be able to discharge his functions in relation to the subject matter of the inquiry. (13) “Pre-commencement matter” means any act or omission which occurred, or is alleged to have occurred, before the coming into force of this section. (14) “Paragraphs 3 to 6 of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (provisions applicable to inquiries etc. under Northern Ireland legislation) shall apply to an inquiry under this section with the substitution for references to the Department of references to the person conducting the inquiry.” (15) The Board shall pay— (a) any expenses incurred by the person conducting an inquiry under this section; and (b) any expenses incurred by any parties appearing at such an inquiry. (16) The Board shall send a copy of the report of any inquiry under this section to— (a) the Chief Constable; (b) the Ombudsman; (c) the Minister of Justice; and (d) the Secretary of State, but only if the decision to cause the inquiry to be held was notified to the Secretary of State under subsection (2A) or if subsection (10A) applied in relation to the inquiry. (17) Where the report of the person conducting an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Board so far as appears to it consistent with the public interest. (18) Where the Board— (a) has considered a report on any relevant NCA matter submitted by the Director General of the National Crime Agency under section 59, and (b) considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances, the Board may, after consultation with the Director General and with the Secretary of State, cause such an inquiry to be held. (19) Subsections (2) to (17) of this section apply to an inquiry which the Board causes to be held under subsection (18) as they apply to an inquiry caused to be held under subsection (1). (20) In the application of subsections (2) to (17) to an inquiry which the Board causes to be held under subsection (18)— (a) each reference to the Chief Constable (except the reference in subsection (16)(a)) is to be read as a reference to the Director General of the National Crime Agency; (b) subsection (16) is to be read as including a requirement to send a copy of the report of any inquiry to the Director General (as well as to the persons in subsection (16)(a) to (d)).
Propose a change(1) The Chief Constable shall, whenever so required by the appropriate authority, submit to the appropriate authority a report on such matters connected with the policing of Northern Ireland as may be specified in the requirement. (1A) In this section “the appropriate authority” means, in relation to any matter— (a) the Secretary of State, if the matter relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a function conferred or imposed on the Secretary of State by or under a statutory provision; (b) otherwise, the Minister of Justice; and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998. (2) A report under subsection (1) shall be made— (a) in such form as may be specified in the requirement under that subsection; and (b) within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the appropriate authority. (3) The appropriate authority may arrange, or require the Chief Constable to arrange, for a report under subsection (1) to be published in such manner as appears to the appropriate authority to be appropriate. (4) If it appears to the Chief Constable that a report that the Chief Constable is required to submit under subsection (1) to the Minister of Justice may contain information which, in the opinion of the Chief Constable, ought not to be disclosed on the ground mentioned in section 76A(1)(a), the Chief Constable may refer the report to the Secretary of State. (5) If it appears to the Secretary of State that— (a) the Chief Constable is required to submit a report under subsection (1) to the Minister of Justice, and (b) the report may contain (or once completed may contain) information which ought not to be disclosed on the ground mentioned in section 76A(1)(a), the Secretary of State may require the Chief Constable to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once completed). (6) The Secretary of State must, within— (a) the period of 30 days from the date on which a report is referred to the Secretary of State under subsection (4) or (5), or (b) such longer period as may be agreed between the Secretary of State and the Minister of Justice, notify the Chief Constable whether, in the opinion of the Secretary of State, the report contains any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (7) Where the Chief Constable has referred a report to the Secretary of State under subsection (4) or the Secretary of State has required that a report be referred to the Secretary of State under subsection (5), the Chief Constable must not disclose the report to anyone apart from the Secretary of State, except— (a) in accordance with subsection (8), or (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (8) Where the Secretary of State notifies the Chief Constable under subsection (6) that, in the opinion of the Secretary of State, a report contains information which ought not to be disclosed on the ground mentioned in section 76A(1)(a)— (a) the Secretary of State may direct the Chief Constable to exclude from the report any information which, in the opinion of the Secretary of State, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a); (b) the Chief Constable must exclude that information from the report; (c) the Secretary of State must inform the Minister of Justice that the Secretary of State has given a direction under paragraph (a); and (d) the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a). (9) When the Chief Constable submits a report to the Minister of Justice from which information has been excluded under subsection (8), the Chief Constable must at the same time provide the report to the Secretary of State. (10) In determining for the purposes of subsection (2)(b) when the period of one month, or the agreed longer period, expires in a case where a report has been referred to the Secretary of State under subsection (4) or (5), the period beginning with the day on which the report is referred to the Secretary of State and ending with the day on which the Secretary of State’s notification is given under subsection (6) is to be disregarded. (11) Subsection (12) applies if— (a) a requirement to submit a report has been made under subsection (1) by the Minister of Justice; (b) the Chief Constable has not referred the report to the Secretary of State under subsection (4) and has not been required to refer the report to the Secretary of State under subsection (5); and (c) the Chief Constable includes in the report submitted to the Minister of Justice information which, in the opinion of the Chief Constable, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (12) The Chief Constable must— (a) inform the Secretary of State that the information has been included in the report to the Minister of Justice; (b) inform the Secretary of State and the Minister of Justice that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).
Propose a change(1) After section 58 of the 1998 Act there shall be inserted— Steps to be taken after investigation – mediation. 58A (1) If the Ombudsman— (a) determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and (b) considers that the complaint is not a serious one, he may determine that the complaint is suitable for resolution through mediation. (2) If he does so, he must inform the complainant and the member of the police force concerned. (3) If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator. (4) Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings. (5) But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation. (6) If a complaint is resolved through mediation under this section, no further proceedings under this Act shall be taken against the member of the police force concerned in respect of the subject matter of the complaint. (2) For subsection (1) of section 59 of the 1998 Act (disciplinary proceedings) there shall be substituted— (1) Subsection (1B) applies if— (a) the Director decides not to initiate criminal proceedings in relation to the subject matter of a report under section 56(6) or 57(8) sent to him under section 58(2); or (b) criminal proceedings initiated by the Director in relation to the subject matter of such a report have been concluded. (1A) Subsection (1B) also applies if the Ombudsman determines that a report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force and— (a) he determines that the complaint is not suitable for resolution through mediation under section 58A; or (b) he determines that the complaint is suitable for resolution through mediation under that section but— (i) the complainant or the member of the police force concerned does not agree to attempt to resolve it in that way; or (ii) attempts to resolve the complaint in that way have been unsuccessful. (1B) The Ombudsman shall consider the question of disciplinary proceedings. (3) After subsection (2) of that section, there shall be inserted— (2A) In a case mentioned in subsection (1A)(b), the Ombudsman shall, in considering the recommendation to be made in his memorandum, take into account the conduct of the member of the police force concerned in relation to the proposed resolution of the complaint through mediation. (4) In section 64(2) of the 1998 Act (regulations)— (a) in paragraph (b), after “resolution” insert “ or mediation ”; (b) in paragraph (c), after “informally” insert “ or through mediation ”; and (c) in sub-paragraph (i) of paragraph (d), after “informally” insert “ or through mediation ”.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In section 63 of the 1998 Act (restriction on disclosure of information), after subsection (2) there shall be inserted— (2A) Subsection (1) does not prevent the Ombudsman, to such extent as he thinks it necessary to do so in the public interest, from disclosing in a report under section 61A— (a) the identity of an individual, or (b) information from which the identity of an individual may be established.
Propose a changeAfter section 61A of the 1998 Act there shall be inserted— Supply of information by Ombudsman to Board. 61AA (1) The Ombudsman shall compile, and supply the Board with, such statistical information as is required to enable the Board to carry out its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000. (2) The Ombudsman shall consult the Board as to— (a) the information to be supplied under subsection (1); and (b) the form in which such information is to be supplied. (3) The Ombudsman shall supply the Board with any other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.
Propose a changeIn section 64 of the 1998 Act (regulations) after subsection (2) there shall be inserted— (2A) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed— (a) this Part shall not apply to a complaint about the conduct of a police officer which took place more than the prescribed period before the date on which the complaint is made or referred to the Ombudsman under section 52(1); (b) the Ombudsman shall not investigate any matter referred to him under section 55(1), (2) or (4) if the actions, behaviour or conduct to which the matter relates took place more than the prescribed period before the date on which the reference is made; (c) the Ombudsman shall not at any time commence a formal investigation under section 55(6) of any matter if the actions or behaviour to which the matter relates took place more than the prescribed period before that time; (d) to the extent that the subject matter of a complaint falls within the jurisdiction of — (i) the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000, or (ii) a person appointed under Part IV of that Act, the Ombudsman shall not investigate it.
Propose a change(1) The Chief Constable and the Board shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of his functions. (2) Subsection (3) applies if— (a) the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and (b) the person supplying the information is of the opinion that it is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (3) The person supplying the information must— (a) inform the Secretary of State that the information has been supplied to the Ombudsman; and (b) inform the Secretary of State and the Ombudsman that, in his or its opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a). (4) Subsection (5) applies if— (a) the Chief Constable or the Board supplies information to the Ombudsman under subsection (1) for the purposes of or in connection with an investigation under section 60A of the 1998 Act; and (b) the person supplying the information is of the opinion that it is— (i) information the disclosure of which would be likely to put an individual in danger, or (ii) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c). (5) The person supplying the information must— (a) inform the Minister of Justice that the information has been supplied to the Ombudsman; and (b) inform the Minister of Justice and the Ombudsman that, in his or its opinion, the information is information of a kind mentioned in sub-paragraph (i) or (ii) of paragraph (b) of subsection (4).
Propose a change(1) The Secretary of State may appoint a Commissioner to discharge the general function mentioned in subsection (3). (2) A person for the time being holding the office of Commissioner under subsection (1) is referred to in this Act as “the Commissioner”. (3) The Commissioner’s general function is to oversee the implementation of changes in the policing of Northern Ireland (including, in particular, those resulting from this Act) described in his terms of reference. (4) Schedule 4, which makes further provision about the Commissioner, shall have effect. (5) The office of Commissioner shall cease to exist on 31st May 2003, unless before that date an order is made under subsection (6). (6) The Secretary of State may by order provide that the office of Commissioner (whether or not it then exists as a result of a previous order under this subsection) shall continue to exist for a period not exceeding three years from the date on which the order comes into operation.
Propose a change(1) The Commissioner shall make periodic reports to the Secretary of State on the implementation of the changes described in his terms of reference. (2) There shall be at least three periodic reports in each year. (3) The Commissioner may at any time make a report to the Secretary of State on matters arising in the course of his performance of his general function. (4) The Secretary of State— (a) shall lay each report made to him under this section before each House of Parliament; and (b) arrange for the report to be published in such manner as appears to him to be appropriate.
Propose a change(1) A Minister with functions under the Police Acts shall exercise those functions in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of— (a) the police; (b) the police support staff; and (c) traffic wardens. (2) In carrying out those functions, the Minister shall have regard to the principle that the policing of Northern Ireland is to be conducted in an impartial manner. (3) In this section “Minister” means— (a) the Secretary of State, (b) the Minister of Justice, (c) the Department of Justice, (d) the First Minister and deputy First Minister, or (e) the Office of the First Minister and deputy First Minister.
Propose a change