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Police (Northern Ireland) Bill [HL]


Police (Northern Ireland) Bill [HL]
Part 1 — Policing

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 7     Performance summaries: supplementary

     (1)    Part 5 of the Police (Northern Ireland) Act 2000 (c. 32) (economy, efficiency and

effectiveness) is amended as set out in subsections (2) to (8).

     (2)    In section 29 (audit of performance plans) in subsection (1) after “performance

plan” insert “and a performance summary”.

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     (3)    In section 29(2) after “performance plan” insert “or a performance summary”

and after “the plan” insert “or summary”.

     (4)    In section 29 after subsection (4) insert—

           “(4A)              In relation to a performance summary, the Comptroller and Auditor

General shall issue a report—

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                  (a)                 certifying that he has audited the summary;

                  (b)                 stating whether he believes that it was prepared and published

in accordance with the requirements of section 28;

                  (c)                 if appropriate, recommending how it should be amended so as

to accord with the requirements of section 28;

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                  (d)                 recommending whether the Secretary of State should give a

direction under section 31(2)(a).”

     (5)    In section 29(6) after “performance plan” insert “or a performance summary”.

     (6)    In section 29(7) after “subsection (4)” insert “or paragraph (c) or (d) of

subsection (4A)”.

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     (7)    In section 31 (enforcement of duties under section 28) in subsection (1) after

“section 29(4)” insert “or (4A)”.

     (8)    In section 31 for subsection (3) substitute—

           “(3)              The Secretary of State shall have regard to any relevant statement

before—

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                  (a)                 giving a direction under subsection (2)(a) or (b) following a

recommendation contained in a report by virtue of section

29(4)(c), (d) or (e);

                  (b)                 giving a direction under subsection (2)(a) following a

recommendation contained in a report by virtue of section

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29(4A)(c) or (d).

           (4)              A relevant statement is a statement submitted to the Secretary of State

under section 29(10) before the end of the period mentioned in section

29(8).”

     (9)    Subsections (1) to (8) have effect in relation to financial years ending on or after

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31st March 2004.

Reports and inquiries

 8     Reports of Chief Constable

     (1)    Section 59 of the Police (Northern Ireland) Act 2000 (general duty of Chief

Constable to report to Board) is amended as set out in subsections (2) and (3).

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     (2)    For subsection (3) substitute—

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

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           “(3)              The Chief Constable may refer to the Secretary of State a requirement

to submit a report under subsection (1) if it appears to the Chief

Constable that a report in compliance with the requirement would

contain information which ought not to be disclosed on any of the

grounds mentioned in section 76A(1).”

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     (3)    In subsection (4) for “subsection (3)” substitute “section 76A(1)”.

     (4)    Subsections (1) to (3) have effect in relation to a requirement to submit a report

under section 59(1) of the Police (Northern Ireland) Act 2000 (c. 32) if—

           (a)           the Chief Constable has not referred the requirement to the Secretary of

State under section 59(3) of that Act before the day on which this Act is

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passed;

           (b)           the Chief Constable has referred the requirement to the Secretary of

State under section 59(3) of that Act before that day but the Secretary of

State has not before that day decided whether to modify or set aside the

requirement under section 59(4) of that Act.

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 9     Inquiries by Board

     (1)    Section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board

following report by Chief Constable) is amended as set out in subsections (2)

and (3).

     (2)    For subsection (3) substitute—

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           “(3)              The Chief Constable may refer to the Secretary of State the decision of

the Board to cause an inquiry to be held under this section if it appears

to the Chief Constable that such an inquiry ought not to be held on any

of the grounds mentioned in section 76A(2).”

     (3)    In subsection (5) for “should not be held on a ground mentioned in subsection

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(3)” substitute “ought not to be held on any of the grounds mentioned in

section 76A(2)”.

     (4)    Subsections (1) to (3) have effect in relation to a decision of the Board to cause

an inquiry to be held under section 60 of the Police (Northern Ireland) Act 2000

if—

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           (a)           the Chief Constable has not referred the decision to the Secretary of

State under section 60(3) of that Act before the day on which this Act is

passed;

           (b)           the Chief Constable has referred the decision to the Secretary of State

under section 60(3) of that Act before that day but the Secretary of State

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has not before that day decided whether to overrule the decision under

section 60(4) of that Act.

 10    Approval of proposals relating to inquiries by Board

     (1)    Paragraph 18 of Schedule 1 to the Police (Northern Ireland) Act 2000

(procedure for decisions of Board relating to inquiries under section 60) is

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amended as set out in subsections (2) and (3).

     (2)    In sub-paragraph (5) after “by” insert—

                       “—

              (a)             a majority of members of the Board present and voting on the

proposal, and

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Police (Northern Ireland) Bill [HL]
Part 1 — Policing

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              (b)             “.

     (3)    In sub-paragraph (6)—

           (a)           for “10” substitute “8”;

           (b)           for “9” substitute “7”;

           (c)           for “8” substitute “6”.

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     (4)    Subsections (1) to (3) have effect in relation to meetings under paragraph 18 of

Schedule 1 to the Police (Northern Ireland) Act 2000 (c. 32) held on or after the

day on which this Act is passed.

The Police Ombudsman

 11    Investigations by the Ombudsman

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     (1)    After section 60 of the Police (Northern Ireland) Act 1998 (c. 32) insert—

       “60A Investigations into police practices and policies

           (1)           The Ombudsman may investigate a practice or policy of the police if—

                  (a)                 the practice or policy comes to his attention under this Part, and

                  (b)                 he has reason to believe that the practice or policy is giving rise

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to significant public concern.

           (2)           If the Ombudsman decides to conduct an investigation under this

section he must immediately inform the Chief Constable, the Board and

the Secretary of State of—

                  (a)                 his decision to conduct the investigation, and

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                  (b)                 the practice or policy into which the investigation is to be

conducted.

           (3)           When an investigation under this section has been completed the

Ombudsman shall report on it to the Chief Constable and the Board.

           (4)           The Ombudsman shall send a copy of his report to the Secretary of

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State, if the investigation relates wholly or in part to—

                  (a)                 a matter in respect of which a function is conferred or imposed

on the Secretary of State by or under an enactment, or

                  (b)                 an excepted matter (within the meaning given by section 4 of

the Northern Ireland Act 1998).”

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     (2)    Section 61A of the Police (Northern Ireland) Act 1998 shall cease to have effect.

     (3)    In section 63(2A) of the Police (Northern Ireland) Act 1998 for “report under

section 61A” substitute “report of an investigation under section 60A”.

     (4)    In section 66 of the Police (Northern Ireland) Act 2000 at the beginning insert

“(1)” and at the end insert—

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           “(2)              The Chief Constable or the Board may refer to the Secretary of State a

requirement to supply information or a document to the Ombudsman

for the purposes of, or in connection with, an investigation under

section 60A of the 1998 Act if it appears to the Chief Constable or the

Board that the information, or any information contained in the

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document, ought not to be disclosed on any of the grounds mentioned

in section 76A(1).

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

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           (3)              The Secretary of State may, within the permitted period, modify or set

aside the requirement, as necessary, in order to exempt the Chief

Constable or the Board from the obligation to supply information or a

document.

           (4)              The permitted period is 30 days from the date of the referral under

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subsection (2) or such longer period as may be agreed between the

Ombudsman and the Secretary of State.

           (5)              The Secretary of State may modify or set aside a requirement to supply

information or a document only if in his opinion the information, or

any information contained in the document, ought not to be disclosed

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on any of the grounds mentioned in section 76A(1).”

District policing partnerships

 12    Independent members

In paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32)

(appointment of independent members of district policing partnerships) after

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sub-paragraph (1) insert—

                       “(1A)                In appointing independent members of a DPP the Board shall so far

as practicable secure that the members of the DPP (taken together)

are representative of the community in the district.”

 13    Disqualification

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In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000

(disqualification for membership of a district policing partnership), after sub-

paragraph (1) insert—

                       “(1A)                                A person removed from office under paragraph 7(1) is disqualified

for membership of a DPP until the date of the next local general

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election following his removal.”

 14    Council’s powers

Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing

partnerships) shall be deemed to have been enacted with the following

paragraphs inserted after paragraph 10—

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“Indemnities

        10A                                The council may indemnify a member of a DPP in respect of liability

incurred by him in connection with the business of the DPP.

Insurance against accidents

        10B               (1)                The council may insure against risks of a member of the DPP meeting

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with a personal accident, whether fatal or not, while he is engaged on

the business of the DPP.

                       (2)                Sub-paragraph (3) applies if the council receives a sum under any

such insurance in respect of an accident to a member of the DPP.

 

 

Police (Northern Ireland) Bill [HL]
Part 1 — Policing

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                       (3)                The council shall pay the sum to the member or his personal

representatives, after deducting any expenses incurred in its

recovery.

                       (4)                The provisions of the Life Assurance Act 1774 as extended by the Life

Insurance (Ireland) Act 1866 do not apply to any insurance under

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this paragraph.”

Police functions and appointments

 15    Core policing principles

     (1)    In Part 6 of the Police (Northern Ireland) Act 2000 (c. 32) (the police) at the

beginning insert—

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“Core policing principles

       31A Core policing principles

           (1)           Police officers shall carry out their functions with the aim—

                  (a)                 of securing the support of the local community, and

                  (b)                 of acting in co-operation with the local community.

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           (2)           In carrying out their functions, police officers shall be guided by the

code of ethics under section 52.”

     (2)    In section 3 of that Act (general functions of Board), in subsection (3)(b) before

sub-paragraph (i) insert—

                        “(ia)                           complying with section 31A(1);”.

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     (3)    In section 57 of that Act (annual reports by Board), in subsection (2)(a) before

sub-paragraph (i) insert—

                        “(ia)                           complying with section 31A(1);”.

     (4)    In section 32 of that Act (general functions of the police) subsections (4) and (5)

shall cease to have effect.

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     (5)    In section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (members of the

Police Service of Northern Ireland engaged on other police service), in

subsection (7)(b) for “section 32” substitute “sections 31A and 32”.

 16    Chief Constable’s functions

In section 33 of the Police (Northern Ireland) Act 2000 (general functions of

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Chief Constable) for subsection (2) substitute—

           “(2)              The Chief Constable shall have regard to the policing plan in

discharging his functions.

           (3)              The Chief Constable shall have regard to any code of practice under

section 27 in discharging his functions.

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           (4)              The duty under subsection (3) applies only so far as consistent with the

duty under subsection (2).”

 

 

 
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