Police (Northern Ireland) Bill - continued        House of Lords
PART VI, THE POLICE - continued
Temporary provisions concerning composition of the police - continued

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Severance arrangements.     47. - (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) Section 62(3) of the 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
Service by members of the Police Service of Northern Ireland Reserve with other police services.     48. 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 references to the police service 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)."
Registration of associations.     49. - (1) For the purposes of this section a police officer has a registrable association if he is for the time being a member of-
 
 
    (a) the Ancient Order of Hibernians;
 
    (b) the Apprentice Boys of Derry;
 
    (c) the Independent Loyal Orange Institution;
 
    (d) the Knights of Saint Columbanus;
 
    (e) the Masonic Lodge;
 
    (f) Opus Dei;
 
    (g) the Orange Order; or
 
    (h) the Royal Black Preceptory.
      (2) The Secretary of State may by order amend subsection (1) by-
 
 
    (a) adding any organisation;
 
    (b) removing any organisation; or
 
    (c) amending a reference to any organisation.
      (3) The Chief Constable shall require each police officer to inform him-
 
 
    (a) of any registrable association which that police officer has; or
 
    (b) if he has no registrable associations, of that fact.
      (4) In imposing a requirement on a police officer under subsection (3) 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.
      (5) Any person who provides information which he knows to be false-
 
 
    (a) in response to a requirement under subsection (3), or
 
    (b) in informing the Chief Constable under subsection (6)(b) of a change of his registrable associations,
       shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (6) 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 member to whom it relates informs the Chief Constable that there has been a change in his registrable associations; 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.
      (7) No information received by the Chief Constable under this section shall be disclosed by a person to whom this subsection applies except-
 
 
    (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) in the case of information relating to a senior officer, 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.
      (8) Subsection (7) 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) a member of the Board; and
 
    (d) a member of the police support staff.
      (9) Any person who discloses information in contravention of subsection (7) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (10) It is a defence for a person charged with an offence under subsection (7) to show that, before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom that subsection applies.
 
      (11) The annual report of the Chief Constable under section 56 shall contain-
 
 
    (a) statistical information on the registrable associations of police officers of which he has been informed under this section; and
 
    (b) an assessment of the extent to which police officers have complied with the duty under subsection (3).
      (12) For the purposes of this section a person is a member of an organisation mentioned in subsection (1) if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution.
 
Code of ethics.     50. - (1) The Board shall issue, and may from time to time revise, a code of ethics laying down standards of conduct and practice expected of police officers.
 
      (2) A draft of the code shall be submitted by the Chief Constable to the Board for it to consider.
 
      (3) 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.
      (4) Before issuing or revising the code the Board shall consult-
 
 
    (a) the Police Association;
 
    (b) the Secretary of State;
 
    (c) the Ombudsman;
 
    (d) the Northern Ireland Human Rights Commission; and
 
    (e) any other person or body appearing to the Board to have an interest in the matter.
      (5) After consulting under subsection (4), the Board may make such further amendments to the draft code as it may determine, after consultation with the Chief Constable.
 
      (6) The Board shall publish any code of ethics issued or revised under this section in such manner as it thinks appropriate.
 
      (7) 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.
      (8) The Secretary of State shall take such steps as he considers necessary to ensure that the provisions of the code currently in force under this section are reflected in the regulations (taken as a whole) made under section 25 or 26 of the 1998 Act.
 
Guidance as to use of equipment for maintaining or restoring public order.     51. - (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; and
 
    (c) 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.
 
Regulations as to emblems and flags.     52. - (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; and
 
    (c) the Police Association.
Identification of police officers.     53. - (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.
 
Co-operation with Garda Siochana.     54. 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 G+rda Sióchána.
 
 
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