Police (Northern Ireland) Bill - continued        House of Lords
PART IX, MISCELLANEOUS AND SUPPLEMENTARY - continued
Miscellaneous - continued

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Places of detention: lay visitors.     73. - (1) The Board shall make, and keep under review, arrangements for designated places of detention to be visited by persons appointed under the arrangements ("lay visitors").
 
      (2) The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.
 
      (3) The report shall deal with-
 
 
    (a) the conditions under which persons are held in the designated place of detention concerned and with their welfare and treatment;
 
    (b) the adequacy of facilities at that place of detention;
 
    (c) such other matters as may be specified in an order made by the Secretary of State.
      (4) The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to-
 
 
    (a) require access to given to each designated place of detention;
 
    (b) examine records relating to the holding of persons there;
 
    (c) interview persons who are being held there;
 
    (d) inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.
      (5) A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.
 
      (6) Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.
 
      (7) The arrangements shall provide that a person may not be appointed as a lay visitor if-
 
 
    (a) he is a member of the Board; or
 
    (b) he is, or has been, a police officer.
      (8) The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.
 
      (9) "Designated place of detention" means a police station for the time being designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989, except so much of the station as is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000.
 
      (10) The Secretary of State may by order specify as designated places of detention for the purposes of this section-
 
 
    (a) a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000.
 
    (b) any other place which is designated under any enactment as a place in which persons may be detained.
Application to police of anti-discrimination legislation.     74. Schedule 5, which amends in their application to the police and other bodies of constables-
 
 
    (a) the Sex Discrimination (Northern Ireland) Order 1976;
 
    (b) the Race Relations (Northern Ireland) Order 1997; and
 
    (c) the Fair Employment and Treatment (Northern Ireland) Order 1998,
       shall have effect.
 
 
Supplementary
Expenses of Secretary of State.     75. There shall be defrayed out of money provided by Parliament-
 
 
    (a) any expenditure of the Secretary of State under this Act; and
 
    (b) any increase attributable to this Act in the sums so payable under any other statutory provision.
Orders and regulations.     76. - (1) Any power of the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
 
      (2) Orders or regulations under this Act-
 
 
    (a) may make different provision for different purposes, cases and circumstances;
 
    (b) may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate.
      (3) Subsections (1) and (2) do not apply to vesting orders made under section 7.
 
      (4) A draft of a statutory rule to be made under section 47(3) or 54 shall be laid before Parliament in like manner as a draft of a statutory instrument and section 6 of the Statutory Instruments Act 1946 shall apply accordingly.
 
      (5) A statutory rule made under this Act (other than one made under a provision mentioned in subsection (4) or containing an order under section 79) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
 
Interpretation.     77. - (1) In this Act-
 
 
    "the 1998 Act" means the Police (Northern Ireland) Act 1998;
 
    "theBoard" means the Northern Ireland Policing Board;
 
    "building" includes any structure;
 
    "the Chief Constable" means the Chief Constable of the Police Service of Northern Ireland;
 
    "civil service" means the civil service of Northern Ireland or the civil service of the United Kingdom;
 
    "equipment" includes vehicles, apparatus, furniture, fittings, accoutrements and clothing;
 
    "financial year" means the period of 12 months ending with 31st March;
 
    "functions" includes powers and duties;
 
    "the Ombudsman" means the Police Ombudsman for Northern Ireland;
 
    "the police" means-
 
      (a) the Police Service of Northern Ireland; and
 
      (b) the Police Service of Northern Ireland Reserve;
 
    "Police Association" means the Police Association for Northern Ireland;
 
    "the Police Acts" means this Act and the 1998 Act;
 
    "police officer" means a person who is-
 
      (a) a member of the Police Service of Northern Ireland; or
 
      (b) a member of the Police Service of Northern Ireland Reserve;
 
    "police purposes" means the purposes of the police, the police support staff, police trainees, police reserve trainees, police cadets and traffic wardens;
 
    "Police Service of Northern Ireland" means the body of constables mentioned in section 1(1);
 
    "Police Service of Northern Ireland Reserve" means the body of constables mentioned in section 1(3);
 
    "police reserve trainee" has the meaning given by section 37(3);
 
    "police trainee" has the meaning given by section 36(3);
 
    "police support staff" has the meaning given by section 4(6);
 
    "the policing plan" has the meaning given by section 26(1);
 
    "provide" and "maintain" have the same meaning as, by virtue of section 147 of the Local Government Act (Northern Ireland) 1972, they have for the purposes of that Act;
 
    "senior officer", in relation to the Police Service of Northern Ireland, means an officer above the rank of superintendent;
 
    "statutory authority" means-
 
      (a) a body constituted under a statutory provision; or
 
      (b) a person holding office under a statutory provision;
 
    "statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
      (2) Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.
 
Amendments, transitional and transitory provisions and repeals.     78. - (1) The statutory provisions mentioned in Schedule 6 shall be amended as provided in that Schedule.
 
      (2) In relation to any time after the coming into force of this subsection, any reference in any statutory provision or other document-
 
 
    (a) to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the Police Service of Northern Ireland;
 
    (b) to a person holding any other particular rank, or a rank of a particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description, in the Police Service of Northern Ireland;
 
    (c) to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland;
 
    (d) to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the Police Service of Northern Ireland Reserve;
 
    (e) to the Royal Ulster Constabulary Reserve shall be construed as a reference to the Police Service of Northern Ireland Reserve;
 
    (f) to the Royal Ulster Constabulary in any other context shall be construed as a reference to the Police Service of Northern Ireland.
      (3) Schedule 7 (which contains transitional and transitory provisions) shall have effect.
 
      (4) The statutory provisions mentioned in Schedule 8 are repealed to the extent specified in the third column of that Schedule.
 
Commencement.     79. - (1) Except as provided by subsection (2), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.
 
      (2) The following provisions come into force on the day on which this Act is passed-
 
 
    (a) section 49;
 
    (b) sections 67 and 68;
 
    (c) sections 75, 76 and 77;
 
    (d) Schedule 4;
 
    (e) paragraphs 3(4) and 4(3) of Schedule 6 and section 78(1) so far as relating thereto;
 
    (f) paragraph 1 of Schedule 7 and section 78(3) so far as relating thereto.
      (3) An order under this section may appoint different days for different purposes and for different provisions.
 
      (4) An order under this section may contain such transitional provisions or savings (including provisions modifying this Act or any other statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.
 
 
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