Police (Northern Ireland) Bill - continued        House of Lords
PART VI, THE POLICE - continued
Recruitment arrangements - continued

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Recruitment arrangements: other ranks.     45. - (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
Discrimination in appointments.     46. - (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    (a) were those appointments to be made in compliance with subsection (1) (as originally enacted) the number of police trainees which the Chief Constable requires to be appointed on that occasion could not be appointed; or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 (4) (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) 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 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)."
 
Expiry, renewal and repeal of temporary provisions.     47. - (1) In this section "the temporary provisions" means-
 
 
    (a) Article 40A of the Race Relations (Northern Ireland) Order 1997;
 
    (b) Article71A 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.
 
Action plans.     48. - (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 Secretary of State.
      (5) The Board may publish its action plan in such manner as it thinks appropriate.
 
Severance arrangements.     49. - (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.     50. 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
 
    (c) for the reference in subsection (5) to section 25(3) of a reference to section 26(3)."
Notifiable memberships.     51. - (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
 
    (c) the Northern Ireland Human Rights Commission.
      (4) 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.
      (5) In imposing a requirement on a police officer under subsection (4) 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.
      (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 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.
      (7) 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.
      (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) 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.
      (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 (9) to show that, before the disclosure was made, he obtained the information otherwise than in his capacity as a person to whom subsection (7) applies.
 
      (11) 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.
 
      (12) 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.
 
 
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