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Police (Northern Ireland) Bill [HL]


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

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 16    Chief Constable’s functions

In section 33 of the Police (Northern Ireland) Act 2000 (c. 32) (general functions

of Chief Constable) for subsection (2) substitute—

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

discharging his functions.

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

section 27 in discharging his functions.

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

duty under subsection (2).”

 17    Provision of information to Board

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After section 33 of the Police (Northern Ireland) Act 2000 insert—

       “33A Provision of information to Board

           (1)           The Chief Constable shall supply the Board with such information as

the Board may reasonably require for the purposes of, or in connection

with, the exercise of any of its functions.

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           (2)           Subsection (1) does not require the Chief Constable to supply any

information to the Board if it appears to the Chief Constable that the

information ought not to be disclosed on any of the grounds mentioned

in section 76A(1).”

 18    Fixed-term appointments

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     (1)    After section 36 of the Police (Northern Ireland) Act 2000 insert—

       “36A Fixed-term appointments to the Police Service of Northern Ireland

           (1)           The Chief Constable may appoint a person to the Police Service of

Northern Ireland for a fixed term not exceeding three years.

           (2)           Appointments under subsection (1) shall be in accordance with

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regulations under section 25 of the 1998 Act.

           (3)           A person shall not be appointed under subsection (1) to the rank of

constable or the rank of a senior officer.

           (4)           The Secretary of State may by order make such modifications as he

considers necessary or expedient to any provision of the 1998 Act or

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this Act in its application to persons appointed under subsection (1).

           (5)           The Secretary of State shall consult the Board and the Police Association

before making an order under subsection (4).”

     (2)    In section 25(6) of the Police (Northern Ireland) Act 1998 (c. 32) (regulations as

to conditions of service of members of Police Service of Northern Ireland) after

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“except” insert—

           “—

                  (a)                 as permitted by section 36A of the Police (Northern Ireland) Act

2000; or

 

 

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

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                  (b)                 “.

Information and inquiries

 19    Disclosure of information and holding of inquiries

     (1)    After section 76 of the Police (Northern Ireland) Act 2000 (c. 32) insert—

       “76A Disclosure of information and holding of inquiries

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           (1)           For the purposes of sections 33A, 59 and 66, the grounds on which

information ought not to be disclosed are that—

                  (a)                 it is in the interests of national security;

                  (b)                                     the information is sensitive personnel information or

information the disclosure of which would be likely to put an

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individual in danger;

                  (c)                 the information would, or would be likely to, prejudice

proceedings which have been commenced in a court of law.

           (2)           For the purposes of section 60, the grounds on which an inquiry ought

not to be held are that—

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                  (a)                 it is in the interests of national security;

                  (b)                 any matter into which inquiry is to be made is a sensitive

personnel matter or a matter the disclosure of which would be

likely to put an individual in danger;

                  (c)                 the inquiry would, or would be likely to, prejudice proceedings

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which have been commenced in a court of law.

           (3)           “Personnel information” means information which relates to an

individual’s holding of, application for or appointment to a relevant

office or employment.

           (4)           “Personnel matter” means a matter which relates to an individual’s

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holding of, application for or appointment to a relevant office or

employment.

           (5)           An office or employment is a relevant office or employment for the

purposes of subsections (3) and (4) if the holder of it is under the

direction and control of the Chief Constable.

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           (6)           It is immaterial for the purposes of subsections (3) and (4) that the

individual no longer holds the office or employment.”

     (2)    Subsection (1) has effect for the purposes of section 59 of the Police (Northern

Ireland) Act 2000 in accordance with section 8(4) of this Act.

     (3)    Subsection (1) has effect for the purposes of section 60 of the Police (Northern

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Ireland) Act 2000 in accordance with section 9(4) of this Act.

 

 

Police (Northern Ireland) Bill [HL]
Part 2 — Police powers

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Part 2

Police powers

Police support staff

 20    Police powers for designated police support staff

     (1)    The Chief Constable may designate a member of the police support staff as an

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officer of one or more of these descriptions—

           (a)           investigating officer;

           (b)           detention officer;

           (c)           escort officer.

     (2)    The Chief Constable may designate a person under subsection (1) only if he is

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satisfied that these requirements are met—

           (a)           the person is a suitable person to carry out the functions for the

purposes of which he is to be designated;

           (b)           the person is capable of effectively carrying out those functions;

           (c)           the person has received adequate training in the carrying out of those

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functions and in the exercise of the powers and performance of the

duties to be conferred on him by his designation.

     (3)    A designated person has—

           (a)           the powers conferred on him by his designation;

           (b)           the duties imposed on him by his designation.

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     (4)    A designation may confer powers or impose duties on a person only by

applying the powers or duties to him.

     (5)    The powers and duties that may be applied to a designated person by his

designation are those specified in the applicable Part of Schedule 1.

     (6)    The applicable Part of Schedule 1 is—

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           (a)           Part 1, in the case of a person designated as an investigating officer;

           (b)           Part 2, in the case of a person designated as a detention officer;

           (c)           Part 3, in the case of a person designated as an escort officer.

     (7)    If a power is conferred or a duty imposed on a designated person by his

designation—

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           (a)           the power or duty does not authorise or require him to engage in any

conduct otherwise than in the course of his employment as a member

of the police support staff;

           (b)           the power may be conferred or the duty imposed subject to restrictions

or conditions specified in the designation.

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     (8)    Subsection (9) applies in relation to the exercise of a power by a designated

person in reliance on his designation if the power is one which, if exercised by

a police officer, includes or is supplemented by a power to use reasonable

force.

     (9)    The designated person has the same entitlement to use reasonable force as a

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police officer would have if the power were exercised by him.

 

 

Police (Northern Ireland) Bill [HL]
Part 2 — Police powers

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     (10)   If a power exercisable by a designated person in reliance on his designation

includes power to use force to enter any premises, the power is exercisable by

the person only—

           (a)           in the company of a police officer and under the supervision of a police

officer, or

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           (b)           for the purpose of saving life or limb or preventing serious damage to

property.

     (11)   In this section “designated person” means a person designated under

subsection (1) and “designation” means a designation under that subsection.

     (12)   Expressions used in this section and in the Police (Northern Ireland) Act 2000

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(c. 32) have the same meanings in this section as they have in that Act.

 21    Designated police support staff: amendments

     (1)    Schedule 2 contains amendments consequential on section 20.

     (2)    In Schedule 2 “the 1989 Order” means the Police and Criminal Evidence

(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

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 22    Assaults on, and obstruction of, designated police support staff

     (1)    Section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on, and

obstruction of, constables etc.) is amended as follows.

     (2)    After subsection (1) insert—

           “(1A)              Any person who assaults, resists, obstructs or impedes a designated

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person in the execution of his duty, or a person assisting a designated

person in the execution of his duty, shall be guilty of an offence.”

     (3)    In subsection (2) after “subsection (1)” insert “or (1A)”.

     (4)    In subsection (3) after “subsection (1)” insert “or (1A)”.

     (5)    After subsection (4) insert—

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           “(5)              In subsection (1A) the references to the execution of the duty of a

designated person are to—

                  (a)                 the exercise of a power conferred on him by his designation;

                  (b)                 the performance of a duty imposed on him by his designation.

           (6)              In this section “designated person” means a person designated under

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section 20(1) of the Police (Northern Ireland) Act 2003.”

 23    Impersonation etc. of designated police support staff

     (1)    Section 67 of the Police (Northern Ireland) Act 1998 (impersonation etc.) is

amended as follows.

     (2)    After subsection (1) insert—

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           “(1A)              Any person who, with intent to deceive—

                  (a)                 impersonates a designated person; or

                  (b)                 makes any statement or does any act calculated falsely to

suggest that he is a designated person; or

 

 

Police (Northern Ireland) Bill [HL]
Part 2 — Police powers

    14

 

                  (c)                 makes any statement or does any act calculated falsely to

suggest that he has powers as a designated person that exceed

the powers he actually has,

                         shall be guilty of an offence.”

     (3)    In subsection (3) after “subsection (1)” insert “, (1A)”.

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     (4)    After subsection (5) insert—

           “(6)              In this section “designated person” means a person designated under

section 20(1) of the Police (Northern Ireland) Act 2003.”

Intimate samples

 24    Persons authorised to take intimate samples

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     (1)    The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

1341 (N.I. 12)) is amended as set out in subsections (2) to (5).

     (2)    In Article 62 (intimate samples) for paragraph (9) substitute—

           “(9)              In the case of an intimate sample which is a dental impression, the

sample may be taken from a person only by a registered dentist.

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           (9A)              In the case of any other form of intimate sample, except in the case of a

sample of urine, the sample may be taken from a person only by one of

the following—

                  (a)                 a medical practitioner;

                  (b)                 a registered health care professional.”

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     (3)    In Article 53 (interpretation of Part VI) after the definition of “registered

dentist” insert—

                    ““registered health care professional” means a person (other than a

medical practitioner) who is one of the following—

                  (a)                 a nurse registered on the register maintained by the Nursing

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and Midwifery Council pursuant to paragraph 10 of

Schedule 2 to the Nursing and Midwifery Order 2001 (S.I.

2002/253) by virtue of qualifications in nursing;

                  (b)                 a registered member of a health care profession which is

designated for the purposes of this paragraph by an order

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subject to Article 89 made by the Secretary of State;”.

     (4)    In Article 53 at the beginning insert “(1)” and at the end insert—

           “(2)              In paragraph (1) “health care profession” means any profession

mentioned in section 60(2) of the Health Act 1999 other than the

profession of practising medicine and the profession of nursing.”

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     (5)    In Article 89 (orders and regulations) after “Articles” insert “53,”.

     (6)    Subsections (1) to (5) come into force in accordance with provision made by the

Secretary of State by order.

     (7)    An order under subsection (6)—

           (a)           may make different provision for different purposes;

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           (b)           may include supplementary, incidental, saving or transitional

provisions.

 

 

Police (Northern Ireland) Bill [HL]
Part 3 — General

    15

 

     (8)    The power to make an order under subsection (6) is exercisable by statutory

instrument.

Codes of practice

 25    Codes of practice

In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order

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1989 (S.I. 1989/1341 (N.I. 12)) (codes of practice under Articles 60, 60A and 65:

supplementary) after paragraph (6) insert—

           “(6A)              Subject to paragraph (6B), the Secretary of State may by order subject to

Article 89 provide that a code of practice for the time being in force is to

be treated as having effect with such modifications as may be set out in

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the order.

           (6B)              The effect of the modifications made by an order under paragraph (6A)

must be confined to one or more of the following—

                  (a)                 the effect of the code in relation to such area of Northern Ireland

as may be specified in the order;

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                  (b)                 the effect of the code during such period, not exceeding two

years, as may be so specified;

                  (c)                 the effect of the code in relation to such offences or descriptions

of offender as may be so specified.”

Part 3

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General

 26    Repeals

Schedule 3 contains repeals.

 27    Extent

This Act extends to Northern Ireland only.

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 28    Short title

This Act may be cited as the Police (Northern Ireland) Act 2003.

 

 

 
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