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

(The document as of February, 2008)

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Committees

24 (1) The Board may--

(a) constitute committees of such 5 or more of its members as the Board may appoint; and

(b) delegate to a committee so constituted any of the functions of the Board.

(2) The powers of any committee of the Board shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the Board.

Section 2.

SCHEDULE 2 Transfer of functions, assets, liabilities and staff of Police Authority for Northern Ireland

Interpretation

1 In this Schedule--

"the Authority" means the Police Authority for Northern Ireland;
"the transfer date" means the date on which section 2(3) comes into force.

Transfer of functions

2 (1) The functions exercisable by the Authority immediately before the transfer date under--

(a) any provision of the 1998 Act, or

(b) any other statutory provision,

shall as from that date be exercisable by the Board.

(2) Sub-paragraph (1) applies only to provisions which have continuing effect.

Transfer of assets and liabilities

3 (1) All property, rights and liabilities to which the Authority is entitled or subject immediately before the transfer date shall on that date be transferred to, and by virtue of this paragraph vest in, the Board.

(2) This paragraph does not apply to rights and liabilities under a contract of employment (which are dealt with in paragraph 4).

(3) A certificate by the Secretary of State that any property, right or liability has vested in the Board under this paragraph shall be conclusive evidence of that fact for all purposes.

Transfer of employed staff

4 (1) Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the transfer date is employed by the Authority.

(2) This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the transfer date.

(3) Where a person--

(a) has, prior to the transfer date, entered into a contract of employment with the Authority which is to come into effect on or after that date, and

(b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

he shall be treated as if he were a person to whom this paragraph applies.

(4) A contract of employment between a person to whom this paragraph applies and the Authority shall have effect from the transfer date as if originally made between that person and the Board.

(5) Without prejudice to sub-paragraph (4)--

(a) all the Authority's rights, powers, duties and liabilities under or in connection with the contract shall by virtue of this paragraph be transferred to the Board on the transfer date; and

(b) anything done before that date by or in relation to the Authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Board.

(6) Sub-paragraphs (4) and (5) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the Authority that he objects to the transfer.

(7) Where an employee objects as mentioned in sub-paragraph (6), his contract of employment with the Authority is terminated immediately before the transfer date, but he shall not be treated, for any purpose, as having been dismissed by the Authority.

(8) A person transferred to the employment of the Board under this paragraph shall be treated--

(a) as a member of the police support staff employed under section 4(3), if immediately before the transfer date he was a member of the police service staff of the Authority;

(b) as a member of the staff of the Board appointed under paragraph 13(1) of Schedule 1 in any other case.

(9) This paragraph does not prejudice any right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change of employer effected by this paragraph unless the employee shows that, in all the circumstances, the change is a significant change and to his detriment.

Transfer of seconded staff

5 (1) This paragraph applies to a person who immediately before the transfer date is engaged in pursuance of arrangements under section 3(4) of the 1998 Act in providing assistance to the Authority.

(2) If, immediately before the transfer date a person to whom this paragraph applies was a member of the police service staff of the Authority, he shall be treated as a member of the police support staff engaged in pursuance of arrangements made under section 4(4).

(3) In any other case, he shall be treated as a person engaged in providing assistance to the Board in pursuance of arrangements under paragraph 13(2) of Schedule 1.

References to, and acts, etc. done by, or in relation to, the Authority

6 (1) Any reference in any statutory provision or document to the Authority shall, in relation to any time after the transfer date, be construed as a reference to the Board.

(2) Nothing in section 2 or this Schedule affects the validity of any document made or issued or any other act done by, or in relation to, the Authority before the transfer date; and any such document or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Board.

(3) Anything (including any legal proceedings) in the process of being done by or in relation to the Authority immediately before the transfer date may be continued by or in relation to the Board.

Accounts

7 (1) In this paragraph "the relevant period" means the period--

(a) beginning on 1st April 2000; and

(b) ending immediately before the transfer date.

(2) The Board shall--

(a) prepare a statement of accounts for the Authority in respect of the relevant period in such form and containing such information as the Secretary of State may determine;

(b) send copies of that statement to the Secretary of State and the Comptroller and Auditor General within such period after the end of the relevant period as the Secretary of State may direct.

(3) The Comptroller and Auditor General shall--

(a) examine, certify and report on the statement of accounts received by him under sub-paragraph (2)(b); and

(b) lay a copy of the statement of accounts and of his report before each House of Parliament.

Section 14.

SCHEDULE 3 District policing partnerships

Interpretation

1 (1) In this Schedule "a DPP" means a district policing partnership.

(2) In this Schedule--

"the council", in relation to a DPP, means the district council by which the DPP is established;
"independent member", in relation to a DPP, means a member appointed under paragraph 2(3)(b), (4)(b) or (5)(b);
"political member", in relation to a DPP, means a member appointed under paragraph 2(3)(a), (4)(a) or (5)(a).

(3) In this Schedule "local general election" has the same meaning as in the Electoral Law Act (Northern Ireland) 1962.

(4) For the purposes of this Schedule an independent member of a council shall be treated as a party.

Size and composition

2 (1) A DPP shall consist of 15, 17 or 19 members as the council may determine.

(2) In making a determination under sub-paragraph (1), the council shall have regard to--

(a) the number of members constituting the council; and

(b) the duty imposed by paragraph 3(1).

(3) Where a DPP consists of 15 members, of whom--

(a) 8 shall be appointed by the council from among members of the council in accordance with paragraph 3; and

(b) 7 shall be appointed in accordance with paragraph 4.

(4) Where a DPP consists of 17 members, of whom--

(a) 9 shall be appointed by the council from among members of the council in accordance with paragraph 3; and

(b) 8 shall be appointed in accordance with paragraph 4.

(5) Where a DPP consists of 19 members, of whom--

(a) 10 shall be appointed by the council from among members of the council in accordance with paragraph 3; and

(b) 9 shall be appointed in accordance with paragraph 4.

Political members

3 (1) A council shall exercise its power to appoint political members of the DPP so as to ensure that, so far as practicable, the political members reflect the balance of parties prevailing among the members of the council immediately after the last local general election.

(2) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a political member in accordance with the terms of his appointment.

(3) A political member shall hold office until the date of the local general election next following his appointment.

(4) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place he is appointed.

(5) A political member shall cease to hold office if--

(a) he resigns by notice in writing to the council;

(b) he becomes disqualified for membership of the DPP; or

(6) A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.

Independent members

4 (1) Appointments of independent members shall be made by the Board from among persons nominated by the council in accordance with paragraph 5.

(2) Subject to the following provisions of this paragraph, a person shall hold and vacate office as an independent member in accordance with the terms of his appointment.

(3) An independent member shall hold office until the date of the local general election next following his appointment.

(4) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place he is appointed.

(5) An independent member shall cease to hold office if--

(a) he resigns by notice in writing to the council; or

(b) he becomes disqualified for membership of the DPP.

(6) A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.

The council's nominations

5 (1) Where appointments are to be made of independent members of a DPP, the council shall nominate persons willing to be candidates for appointment.

(2) Unless otherwise agreed with the Board, the number of persons to be nominated under sub-paragraph (1) on any occasion shall be twice the number of appointments to be made of independent members.

(3) The council shall notify the Board of--

(a) the name of each person nominated by it under sub-paragraph (1); and

(b) such other information regarding those persons as it considers appropriate.

(4) A person shall not be nominated under sub-paragraph (1) if he is disqualified for membership of the DPP.

(5) Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Board may itself nominate such number of candidates as, when added to the number nominated by the council equals twice the number of appointments to be made; and if the Board does so, paragraph 4(1) shall have effect as if those persons had been nominated by the council.

Code of practice on appointment of independent members

6 (1) In exercising functions under paragraphs 4 and 5, a council and the Board shall have regard to any code of practice under this paragraph.

(2) The Secretary of State may issue, and from time to time revise, a code of practice containing guidance as to the exercise by councils and the Board of their functions under paragraphs 4 and 5.

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

(a) the Board;

(b) district councils; and

(4) The Secretary of State shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to him to be appropriate.

Removal of members from office

7 (1) The Board, or the council with the approval of the Board, may remove a person from office as a political or independent member of a DPP if satisfied that--

(a) in the case of an independent member, he failed to make the necessary disclosure in relation to a conviction of his for a criminal offence in Northern Ireland or elsewhere;

(b) he has been convicted of a criminal offence in Northern Ireland or elsewhere committed after the date of his appointment;

(d) he has failed to comply with the terms of his appointment; or

(e) he is otherwise unable or unfit to discharge his functions as a member of the DPP.

(2) "The necessary disclosure", in relation to a conviction of an independent member, means full disclosure of it--

(a) before his nomination, to the council which nominated him; and

(b) before his appointment, to the Board.

Disqualification

8 (1) A person is disqualified for membership of a DPP if he is--

(a) a police officer;

(b) a member of the police support staff;

(d) an employee of the council.

(2) A person is disqualified for being an independent member of a DPP if he has at any time been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment (whether suspended or not).

Chairman and vice-chairman

9 (1) There shall be a chairman and a vice-chairman of a DPP appointed by the council from among the political members.

(2) In making appointments under sub-paragraph (1), the council shall ensure that, so far as is practicable--

(a) the offices of chairman and vice-chairman are at all times held by members of different political parties;

(b) a person is appointed to the office of chairman or vice-chairman for a term of 12 months at a time or, where that period is shorter than 12 months, for a period ending with the date of the local general election next following his appointment;

(c) the office of chairman is held in turn by each of the four largest parties represented on the council immediately after the last local general election.

(3) Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman or vice-chairman in accordance with the terms of his appointment.

(4) A person may at any time resign as chairman or vice-chairman by notice in writing to the council.

(5) If the chairman or vice-chairman ceases to be a member of the DPP, he shall also cease to hold office as chairman or vice-chairman.

Allowances

10 The council may pay to the chairman, vice-chairman and other members of the DPP such allowances as the council, with the approval of the Board, may determine.

Finance

11 The Board shall for each financial year make to the council a grant equal to three-quarters of the expenses reasonably incurred by the council in that year in connection with the establishment of, or the exercise of functions by, a DPP.

Procedure

12 (1) The quorum for a meeting of a DPP shall be 5.

(2) Every question at a meeting of a DPP shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chairman of the meeting shall have a second or casting vote.

(3) If the chairman and vice-chairman are absent from a meeting of a DPP, the members present shall elect one of their number to act as chairman of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 19, a DPP may regulate its own procedure.

Validity of proceedings

13 The validity of any proceedings of a DPP or a committee thereof shall not be affected by--

(a) any defect in the appointment of the chairman or vice-chairman or any other member; or

(b) any vacancy in the office of chairman or vice-chairman or among the other members.

Disclosure of pecuniary interests, family connections, etc.

14 Sections 28 to 33, 42, 46, 47 and 146 of the [1972 c. 9(N.I.).] Local Government Act (Northern Ireland) 1972 (and section 148 of that Act so far as applying for the interpretation of those sections) shall apply to a DPP and its members as if--

(a) in those sections--

(i) any reference to a council were a reference to the DPP;

(ii) any reference to a councillor were a reference to a member of the DPP;

(iii) any reference to the clerk of the council were a reference to the person acting as secretary to the DPP;

(b) in section 28(4) of that Act for the words from "by any local elector" to the end there were substituted the words "by any person";

Committees

15 (1) A DPP may--

(a) constitute committees of such 5 or more of its members as the DPP may appoint; and

(b) delegate to a committee so constituted any of the functions of the DPP.

(2) The powers of any committee of a DPP shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the DPP.

Joint partnerships

16 (1) The Secretary of State may by order provide that two or more councils may by agreement establish a single DPP for their districts.

(2) An order under this paragraph may--

(a) provide for Part IV and this Schedule to have effect in relation to--

(i) the councils in question and their districts, and

(ii) any DPP established by virtue of this paragraph,

with such modifications as the Secretary of State thinks necessary or expedient;

(b) make such other provision as the Secretary of State thinks necessary or expedient for the proper functioning of any such DPP.

(3) Before making an order under this paragraph, the Secretary of State shall consult--

(a) the Board; and

(b) any council affected by the order.

Section 67.

SCHEDULE 4 The Commissioner

Appointment etc. of the Commissioner

1 (1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as the Commissioner in accordance with the terms of his appointment.

(2) An appointment as Commissioner may be full-time or part-time.

(3) The first appointment as Commissioner shall come to an end on 31 May 2003.

(4) Any other appointment as Commissioner shall be for a period not exceeding 3 years.

(5) A person may at any time resign his office as Commissioner by notice in writing to the Secretary of State.

(6) The Secretary of State may call upon the Commissioner to retire if satisfied that the Commissioner has--

(a) been convicted of a criminal offence;

(b) become bankrupt or made a composition or arrangement with his creditors; or

(7) Before calling upon the Commissioner to retire, the Secretary of State shall give the Commissioner an opportunity to make, either personally or otherwise, representations to him and shall consider any representations that he makes.

(8) A Commissioner who is called upon to retire under sub-paragraph (6) shall retire on such date as the Secretary of State may specify or on such earlier date as may be agreed between him and the Secretary of State.

Terms of reference

2 (1) On appointing the Commissioner, the Secretary of State shall give him written terms of reference.

(2) The terms of reference shall, in particular, describe the changes in policing in Northern Ireland the implementation of which it is the general function of the Commissioner to oversee.

Remuneration, pensions, allowances, etc.

3 (1) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Commissioner as he may determine.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.

Staff

4 (1) The Commissioner may, with the approval of the Secretary of State as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks fit to enable him to carry out his functions.

(2) The Commissioner may make arrangements for administrative, secretarial or other assistance to be provided for him by persons employed in the civil service.

(3) Employment by the Commissioner shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply and accordingly in Schedule 1 to that Act, at the appropriate place in the list of "Other Bodies" there shall be inserted--

" Employment by the Commissioner appointed under section 67 of the Police (Northern Ireland) Act 2000. " .

5 The Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Commissioner.

Exercise of functions

6 (1) Any functions of the Commissioner under this Act may be performed by any officer of the Commissioner authorised for the purpose by the Commissioner.

(2) "Officer of the Commissioner" means--

(a) a person employed by the Commissioner under paragraph 4(1);

(b) a person providing assistance to the Commissioner in pursuance of arrangements made under paragraph 4(2).

Evidence

7 A document purporting to be duly signed by, or on behalf of, the Commissioner shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

Finance

8 The Secretary of State shall pay to the Commissioner such sums as appear to the Secretary of State to be appropriate for defraying the expenses of the Commissioner under this Act.

9 (1) The Commissioner shall--

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct; and

(c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

Section 74.

SCHEDULE 5 Application of anti-discrimination legislation to the police

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