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Police (Northern Ireland) Bill [HL]


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

    1

 

A

Bill

[AS AMENDED IN GRAND COMMITTEE]

To

Make provision about policing in Northern Ireland and the exercise of police

powers in Northern Ireland by persons who are not police officers; and to

amend the Police and Criminal Evidence (Northern Ireland) Order 1989.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Policing

The Northern Ireland Policing Board

 1     Consultation with Board

     (1)    In section 24 of the Police (Northern Ireland) Act 2000 (c. 32) (Secretary of

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State’s long term policing objectives) for subsection (2) substitute—

           “(2)              Before determining or revising any objectives under this section, the

Secretary of State shall consult the Board with a view to obtaining its

agreement to the proposed objectives or revision.

           (2A)              Before determining or revising any objectives under this section, the

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Secretary of State shall also consult—

                  (a)                 the Chief Constable; and

                  (b)                 such other persons as the Secretary of State considers

appropriate.”

     (2)    In section 27 of that Act (codes of practice on exercise of functions) for

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subsection (2) substitute—

 
HL Bill 1853/2
 
 

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

    2

 

           “(2)              Before issuing or revising a code of practice under this section, the

Secretary of State shall consult the Board with a view to obtaining its

agreement to the proposed code of practice or revision.

           (2A)              Before issuing or revising a code of practice under this section, the

Secretary of State shall also consult—

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                  (a)                 the Chief Constable; and

                  (b)                 such other persons as the Secretary of State considers

appropriate.”

 2     Board’s policing objectives

     (1)    Section 25 of the Police (Northern Ireland) Act 2000 (c. 32) (Board’s policing

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objectives) is amended as follows.

     (2)    In subsection (2) omit the words from “but” to the end.

     (3)    In subsection (3) before paragraph (a) insert—

                  “(aa)                    take account of any objectives under section 24;”.

 3     Public meetings of the Board

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     (1)    In paragraph 19(2) of Schedule 1 to the Police (Northern Ireland) Act 2000

(public meetings of the Board) for “ten” substitute “eight”.

     (2)    Paragraph 19(3) of Schedule 1 to that Act shall cease to have effect.

     (3)    Subsection (1) has effect in relation to years ending on or after the day on which

this Act is passed.

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 4     Funding for pension purposes

     (1)    The Police (Northern Ireland) Act 2000 is amended as set out in subsections (2)

to (11).

     (2)    In section 9(1) (grants to the Board) for “a grant for police purposes”

substitute—

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            “—

                  (a)                    a grant for pension purposes;

                  (b)                    a grant for other police purposes.”

     (3)    In section 9(2) for “A grant” substitute “Grants”.

     (4)    In section 10 (funding for police purposes: ancillary provisions) for subsection

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(1) substitute—

           “(1)              The Board shall prepare and submit to the Secretary of State, at such

times and in such form as the Secretary of State may direct—

                  (a)                 estimates of the receipts and payments of the Board for pension

purposes during such period as may be specified in the

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direction;

                  (b)                 estimates of the receipts and payments of the Board for other

police purposes during such period as may be specified in the

direction.

 

 

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

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           (1A)              The Board shall submit to the Secretary of State such other information

relating to the estimates submitted under subsection (1) as he may

require.”

     (5)    In section 10(2)—

           (a)           for “A draft” substitute “Drafts”;

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           (b)           after “payments for” insert “pension purposes and other”.

     (6)    In section 10(3)(a) for “draft” substitute “drafts”.

     (7)    In section 10(4) after “police purposes” insert “other than pension purposes”.

     (8)    In section 10 after subsection (4) insert—

           “(4A)              The Board shall in each financial year put at the disposal of the Chief

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Constable for pension purposes—

                  (a)                 an amount equal to the amount of the grant for pension

purposes received in that year by the Board under section

9(1)(a);

                  (b)                 any amount received by the Board in that year which is required

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to be applied for pension purposes by directions under

subsection (4) or by any other statutory provision.”

     (9)    In section 10 for subsection (5) substitute—

           “(5)              The Board shall in each financial year put at the disposal of the Chief

Constable for other police purposes—

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                  (a)                 an amount equal to the amount of the grant for other police

purposes received in that year by the Board under section

9(1)(b);

                  (b)                 any amount received by the Board in that year which is required

to be applied for other police purposes by subsection (4) or

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directions under that subsection or by any other statutory

provision.”

     (10)   In section 27(1)(b) (codes of practice on exercise of functions by Chief

Constable) for “section 10(5)” substitute “section 10(4A) or (5)”.

     (11)   In section 77(1) (interpretation) after the definition of “the Ombudsman”

30

insert—

                    ““pension purposes” means the purposes of the pension scheme

established by regulations under section 25 of the Police (Northern

Ireland) Act 1998;”.

     (12)   Subsections (1) to (11) have effect in relation to financial years ending on or

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after 31st March 2004.

 5     Accounts and audit

     (1)    Section 12 of the Police (Northern Ireland) Act 2000 (c. 32) (accounts and audit)

is amended as set out in subsections (2) to (7).

     (2)    In subsection (1) for “all amounts put at the Chief Constable’s disposal under

40

section 10(5)” substitute “each of the amounts specified in subsection (1A)”.

     (3)    After subsection (1) insert—

           “(1A)              The amounts are—

 

 

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

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                  (a)                 the amounts put at the Chief Constable’s disposal under section

10(4A);

                  (b)                 any amount received by the Board and paid into the Police

Fund in accordance with regulations under section 28(1) of the

Police (Northern Ireland) Act 1998;

5

                  (c)                 any amount received by the Board and paid into the Police

Property Fund in accordance with regulations under section

31(4) of that Act;

                  (d)                 the other amounts put at the Chief Constable’s disposal under

section 10(5) of this Act.”

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     (4)    In subsection (3) for “The statement of accounts” substitute “Each statement of

accounts required under subsection (1)”.

     (5)    In subsection (4) for “the statement” substitute “each statement” and for “they”

substitute “the accounts”.

     (6)    In subsection (5) for “the statement” substitute “each statement”.

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     (7)    In subsection (6)(b) for “the statement” substitute “each statement” and after

“his report” insert “on it”.

     (8)    Subsections (1) to (7) have effect in relation to financial years ending on or after

31st March 2004.

 6     Performance summaries

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     (1)    Section 28 of the Police (Northern Ireland) Act 2000 (c. 32) (arrangements

relating to economy, efficiency and effectiveness) is amended as set out in

subsections (2) to (5).

     (2)    In subsection (5) omit paragraph (c) and the word “and” immediately

preceding it.

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     (3)    After subsection (5) insert—

           “(5A)              The Board shall prepare and publish for each financial year a summary

(its “performance summary”) of the Board’s assessment of—

                  (a)                 its and the Chief Constable’s performance in the year measured

by reference to performance indicators;

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                  (b)                 the extent to which any performance standard which applied at

any time during that year was met.

           (5B)              The performance summary for a financial year may be published—

                  (a)                 with a report issued under section 57(1) for the year, or

                  (b)                 with the performance plan for the following year.”

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     (4)    In subsection (6) after “performance plan” insert “or publishing its

performance summary”.

     (5)    In subsection (7) at the end insert—

            “; and

                    “performance summary” means a summary prepared by the Board under

40

subsection (5A)”.

 

 

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

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     (6)    Subsections (1) to (5) have effect in relation to financial years ending on or after

31st March 2004.

 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).

5

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

plan” insert “and a performance summary”.

     (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—

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

General shall issue a report—

                  (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;

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

to accord with the requirements of section 28;

                  (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”.

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

subsection (4A)”.

     (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—

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

before—

                  (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);

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

recommendation contained in a report by virtue of section

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

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29(8).”

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

31st March 2004.

 

 

 
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