Police (Northern Ireland) Act 2000 (c. 32)

(The document as of February, 2008)

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(i) the policing plan in relation to the district; and

(ii) the local policing plan applying to the district or any part of the district;

(g) the arrangements to be made by a district policing partnership as a result of section 16(1)(c);

(h) the arrangements for dealings with the Board.

(5) The Board shall arrange for any code of practice issued or revised under this section to be published in such manner as appears to it to be appropriate.

Police districts

20 Police districts

(1) Each district, other than Belfast, shall be a police district.

(2) In the district of Belfast there shall be such number of police districts (not exceeding 4), as may be determined by the Chief Constable; and each such police district shall consist of such area as may be so determined.

(3) For each police district the Chief Constable shall designate as district commander a police officer of the required rank.

(4) In any statutory provision--

(a) for any reference to a police sub-division there shall be substituted a reference to a police district established under this section;

(b) for any reference to a sub-divisional commander there shall be substituted a reference to a district commander designated under this section.

(5) "Required rank" means a rank not less than that of chief inspector.

21 District policing partnership sub-groups for Belfast

(1) The district council for Belfast shall establish a sub-group of its district policing partnership for each police district established under section 20(2).

(2) The function of each sub-group shall be to provide views to the district commander of the sub-group's police district and to the district policing partnership on any matter concerning the policing of that police district.

(3) Each sub-group shall consist of at least six members of the partnership.

(4) The members of a sub-group shall be appointed by the partnership.

(5) The members of a sub-group shall appoint a member to act as chairman of the sub-group.

(6) If they are unable to agree on whom to appoint as chairman, the partnership shall appoint the chairman.

(7) The code issued under section 19 may contain guidance as to the exercise by sub-groups of their functions.

22 The local policing plan

(1) Each district commander shall issue, and may from time to time revise, a plan ("the local policing plan") setting out the proposed arrangements for the policing of the police district.

(2) The local policing plan may relate to matters to which the policing plan also relates, or to other matters, but in any event shall be so framed as to be consistent with the policing plan.

(3) Before issuing or revising a local policing plan, the district commander shall consult the district policing partnership whose district is, or includes, the police district and take account of any views expressed.

(4) The district commander shall arrange for the local policing plan issued or revised under this section to be published in such manner as appears to him to be appropriate.

Other community policing arrangements

23 Other community policing arrangements

(1) A district policing partnership may, with the approval of the Board, make arrangements to facilitate consultation by the police with any local community within the district.

(2) Where it appears to the Board that a district policing partnership has not made satisfactory arrangements under subsection (1) in relation to any local community, the Board may, after consultation with the district policing partnership, make arrangements to facilitate consultation by the police with that community.

(3) Arrangements made under subsection (1) or (2) may include the establishment of bodies.

(4) The Board may defray the reasonable expenses of any body established by virtue of subsection (3).

(5) Before making any arrangements under this section a district policing partnership or the Board shall consult the Chief Constable as to the arrangements that would be appropriate.

Part IV Policing objectives, plans and codes of practice

24 The Secretary of State's long term policing objectives

(1) The Secretary of State may determine, and from time to time revise, long term objectives for the policing of Northern Ireland.

(2) Before determining or revising any objectives under this section, the Secretary of State shall consult--

(a) the Board;

(b) the Chief Constable; and

(3) The Secretary of State shall lay before each House of Parliament a statement of any objectives determined or revised under this section.

25 The Board's policing objectives

(1) The Board shall determine, and may from time to time revise, objectives for the policing of Northern Ireland.

(2) Objectives under this section may relate to matters to which objectives under section 24 also relate, or to other matters, but in any event shall be so framed as to be consistent with the objectives under that section.

(3) Before determining or revising objectives under this section, the Board shall--

(a) consult the Chief Constable and the district policing partnerships; and

(b) consider--

(i) any reports received by the Board under section 17 or 18; and

(ii) any views of the public obtained under arrangements made under Part III.

26 The Board's policing plan

(1) The Board shall, before the beginning of each financial year, issue a plan ("the policing plan") setting out proposed arrangements for the policing of Northern Ireland.

(2) The policing plan shall--

(a) contain an assessment of the requirements for educating and training police officers and members of the police support staff and give particulars of the way in which those requirements are to be met; and

(b) include such other statements and give particulars of such other matters as may be prescribed by regulations made by the Secretary of State.

(3) Before making regulations under subsection (2)(b), the Secretary of State shall consult the Board and the Chief Constable.

(4) A draft of the policing plan shall be submitted by the Chief Constable to the Board for it to consider.

(5) The Board may adopt a policing plan either--

(a) in the form of the draft submitted under subsection (4); or

(b) with such amendments as the Board may, after consultation with the Chief Constable, determine.

(6) Before issuing a policing plan adopted under subsection (5), the Board shall consult the Secretary of State.

(7) The Board shall arrange for the policing plan issued under this section to be published in such manner as appears to the Board to be appropriate.

27 Codes of practice on exercise of functions

(1) The Secretary of State may issue, and from time to time revise, codes of practice relating to the discharge--

(a) by the Board of any of its functions;

(b) by the Chief Constable of any functions which he exercises--

(i) on behalf of and in the name of the Board;

(ii) in relation to funds put at his disposal under section 10(5); or

(iii) under section 26 or Part V.

(2) Before issuing or revising a code of practice under this section, the Secretary of State shall consult--

(a) the Board;

(b) the Chief Constable; and

(3) The Secretary of State shall publish any code of practice issued or revised under this section in such manner as he thinks appropriate.

Part V Economy, efficiency and effectiveness

28 Arrangements relating to economy, efficiency and effectiveness

(1) The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2) The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.

(3) The Board shall, in making arrangements which relate to the functions of the Chief Constable, involve him in the making of those arrangements.

(4) The Board shall prepare and publish a plan (its "performance plan") for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.

(5) The performance plan shall--

(a) identify factors ("performance indicators") by reference to which performance in exercising functions can be measured;

(b) set standards ("performance standards") to be met in the exercise of particular functions in relation to performance indicators; and

(i) its and the Chief Constable's performance in the previous financial year measured by reference to performance indicators;

(ii) the extent to which any performance standard which applied at any time during that year was met.

(6) Before publishing its performance plan, the Board must consult the Secretary of State and the Chief Constable.

(7) In this Part--

"performance indicators" and "performance standards" have the meaning given in subsection (5); and
"performance plan" means a plan published by the Board under subsection (4).

29 Audit of performance plans

(1) A performance plan shall be audited by the Comptroller and Auditor General.

(2) An audit of a performance plan is an examination for the purpose of establishing whether the plan was prepared and published in accordance with the requirements of section 28.

(3) Section 8 of the [1983 c. 44.] National Audit Act 1983 (right of Comptroller and Auditor General to obtain documents and information) applies in relation to an examination under this section as it applies to an examination under section 6 or 7 of that Act.

(4) In relation to a performance plan, the Comptroller and Auditor General shall issue a report--

(a) certifying that he has audited the plan;

(b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c) stating whether he believes that the performance indicators and performance standards are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;

(d) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(e) recommending whether the Secretary of State should give a direction under section 31(2)(a) or (b).

(5) The Comptroller and Auditor General shall send a copy of every report under this section to--

(a) the Board;

(b) the Chief Constable; and

(6) The Comptroller and Auditor General shall publish any report under this section on the audit of a performance plan.

(7) Subsections (8) to (11) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4).

(8) Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.

(9) The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).

(10) The Board shall, without delay, submit the statement it has prepared to the Secretary of State and the Comptroller and Auditor General.

(11) The statement shall--

(a) specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;

(b) contain a summary of the result of the consultation required by subsection (9).

30 Examinations

(1) The Comptroller and Auditor General may carry out an examination of the Board's compliance with the requirements of section 28.

(2) If the Secretary of State directs the Comptroller and Auditor General to carry out an examination of the Board's compliance with the requirements of section 28 in relation to specified functions, the Comptroller and Auditor General shall comply with the direction.

(3) Before giving a direction under subsection (2), the Secretary of State shall consult the Comptroller and Auditor General.

(4) Section 8 of the National Audit Act 1983 (right of Comptroller and Auditor General to obtain documents and information) applies in relation to an examination under this section as it applies to an examination under section 6 or 7 of that Act.

(5) Where the Comptroller and Auditor General has carried out an examination under this section he shall issue a report.

(6) A report--

(a) shall mention any matter in respect of which the Comptroller and Auditor General believes as a result of the examination that the Board is failing to comply with the requirements of section 28;

(b) may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 31(2)(a) or (b).

(7) The Comptroller and Auditor General shall send a copy of every report under this section to--

(a) the Board;

(b) the Chief Constable; and

(8) The Comptroller and Auditor General shall lay copies of every report under this section before each House of Parliament.

(9) In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted--

" (4) The inspectors shall--

(a) if the Secretary of State so directs, carry out an inspection of the Board's compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000;

(b) carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the Secretary of State may from time to time direct;

(10) In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after "under section 41(2) or (3)" there shall be inserted "and any report of an inspection under section 41(4)(a)".

31 Enforcement of duties under section 28

(1) Subsection (2) applies if the Secretary of State has received a report under section 29(4) or 30(5) of this Act, or section 41(4) of the 1998 Act, and he is satisfied that--

(a) the Board is failing to comply with the requirements of section 28; or

(b) it is appropriate to change performance indicators or performance standards contained in a performance plan.

(2) Subject to subsection (3), the Secretary of State may direct the Board--

(a) to take any action which he considers necessary or expedient to secure compliance with the requirement of section 28; or

(b) to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as he considers appropriate.

(3) Before giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of paragraph (c), (d) or (e) of subsection (4) of section 29, the Secretary of State shall have regard to any statement submitted to him under subsection (10) of that section before the expiry of the period mentioned in subsection (8) of that section.

Part VI The police

General functions

32 General functions of the police

(1) It shall be the general duty of police officers--

(a) to protect life and property;

(b) to preserve order;

(d) where an offence has been committed, to take measures to bring the offender to justice.

(2) A police officer shall have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom waters.

(3) In subsection (2)--

(a) the reference to the powers and privileges of a constable is a reference to all the powers and privileges for the time being exercisable by a constable whether at common law or under any statutory provision,

(b) "United Kingdom waters" means the sea and other waters within the seaward limits of the territorial sea,

and that subsection, so far as it relates to the powers under any statutory provision, makes them exercisable throughout the adjacent United Kingdom waters whether or not the statutory provision applies to those waters apart from that subsection.

(4) In carrying out their functions, police officers shall be guided by the code of ethics under section 52.

(5) Police officers shall, so far as practicable, carry out their functions in co-operation with, and with the aim of securing the support of, the local community.

33 General functions of Chief Constable

(1) The police shall be under the direction and control of the Chief Constable.

(2) In discharging his functions, the Chief Constable shall have regard to--

(a) the policing plan; and

(b) any code of practice under section 27.

34 Exercise of functions of Chief Constable in cases of absence, incapacity, etc

(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 Secretary of State.

(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.

35 Appointment and removal of senior officers

(1) The Board shall, subject to the approval of the Secretary of State, appoint the Chief Constable.

(2) The Board shall, subject to the approval of the Secretary of State and after consultation with the Chief Constable, appoint the other senior officers.

(3) The Board--

(a) may, with the approval of the Secretary of State, call upon any senior officer to retire in the interests of efficiency or effectiveness; and

(b) shall, if required by the Secretary of State, 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 Secretary of State 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 Secretary of State.

(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 Secretary of State 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.

36 Appointment and promotion of other police officers in the Police Service of Northern Ireland

(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.

37 Appointments to the Police Service of Northern Ireland Reserve

(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.

38 Attestation of constables

(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.

Trainees and cadets

39 Appointment of police trainees

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.

40 Appointment of police reserve trainees

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.

41 Status etc. of trainees

(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 Secretary of State may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.

(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 Secretary of State, 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 Secretary of State shall consult both the Board and the Police Association before making any regulations under subsection (3).

42 Police cadets

(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 Secretary of State may determine.

(3) Police cadets shall be subject to the direction and control of, and subject to dismissal by, the Chief Constable.

Recruitment arrangements

43 Contracting-out of certain recruitment functions of Chief Constable

(1) The Chief Constable may, in accordance with regulations made by the Secretary of State, 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 Secretary of State shall consult--

(a) the Board;

(b) the Chief Constable;

(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;

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