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

(The document as of February, 2008)

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(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 Secretary of State 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).

44 Recruitment arrangements: trainees and support staff

(1) The Secretary of State 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

(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) The regulations shall include provision for--

(a) the advertising of vacancies;

(b) the information to be provided 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 Secretary of State 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 qualified applicants to form a pool of applicants for the purposes of section 46(1).

(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 qualified applicants to form a pool of applicants for the purposes of section 46(5).

(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).

45 Recruitment arrangements: other ranks

(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.

Temporary provisions concerning composition of the police

46 Discrimination in appointments

(1) In making appointments under section 39 on any occasion, the Chief Constable shall appoint from the pool of qualified applicants formed for that purpose 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.

(2) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend subsection (1) in its 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 subsection (1) (as originally enacted) 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) 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 appoint from the pool of qualified applicants formed for that purpose 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.

(6) The Secretary of State may, after consultation with the Board and the Chief Constable, by order amend subsection (5) in its application to the making of appointments under section 4 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 subsection (5) (as originally enacted) the number of police support staff which the Chief Constable requires to be appointed on that occasion could not be appointed.

(8) In subsections (1), (4) and (5) "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 [SR 1999 No. 148.] 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 [1998 NI 21.] Employment and Treatment (Northern Ireland) Order 1998 (exceptions) after Article 71 there shall be inserted--

" 71A The police and the police support staff

(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 [1997 NI 6.] Race Relations (Northern Ireland) Order 1997 (exceptions) after Article 40 there shall be inserted--

" 40A The Police Service of Northern Ireland and the police support staff

(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). "

47 Expiry, renewal and repeal of temporary provisions

(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;

(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.

48 Action plans

(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

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

(5) The Board may publish its action plan in such manner as it thinks appropriate.

49 Severance arrangements

(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 [SR 1988/374.] 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) Section 62(3) of the [1996 c. 16.] Police Act 1996 (no regulations relating to pensions to be made under section 25 of the 1998 Act, except after consultation with the Police Negotiating Board for the United Kingdom) 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.

General

50 Service by members of the Police Service of Northern Ireland Reserve with other police services

In 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

51 Notifiable memberships

(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 Secretary of State; and

(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;

(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;

(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.

52 Code of ethics

(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).

(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 Secretary of State;

(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 Secretary of State 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.

53 Guidance as to use of equipment for maintaining or restoring public order

(1) The Secretary of State 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 Secretary of State shall consult--

(a) the Board;

(b) the Chief Constable;

(d) the Police Association.

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

54 Regulations as to emblems and flags

(1) The Secretary of State 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 Secretary of State 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 Secretary of State shall consult--

(a) the Board;

(b) the Chief Constable;

(d) any other person or body appearing to him to have an interest in the matter.

55 Identification of police officers

(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.

56 Co-operation with Garda Siochana

The 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.

Part VII Reports and inquiries

57 Annual and other reports by the Board

(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--

(i) carrying out the general duty under section 32(1);

(ii) complying with the [1998 c. 42.] 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 district policing partnerships;

(j) the effectiveness of district policing partnerships in performing their functions and, in particular, of arrangements made under Part III 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.

(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 Secretary of State.

(4) The Board shall, whenever required by the Secretary of State, submit to the Secretary of State 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 Secretary of State.

(6) The Secretary of State may arrange, or require the Board to arrange, for a report under subsection (4) to be published in such manner as appears to him to be appropriate.

58 Annual report by Chief Constable to Board

(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 Secretary of State.

(4) The Secretary of State shall lay before each House of Parliament every report submitted to him under subsection (3).

59 General duty of Chief Constable to report to Board

(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) If it appears to the Chief Constable that a report in compliance with a requirement under subsection (1) would contain information which ought not to be disclosed--

(a) in the interests of national security,

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