Police (Northern Ireland) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Schedule 1

 

THE LORD WILLIAMS OF MOSTYN

Page 16, line 10, leave out "in respect of premises in the relevant police area"
Page 16, line 12, leave out "any such"
Page 16, line 20, leave out "in respect of premises in the relevant police area"
Page 20, line 7, at end insert—
"(2)      Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) (consequences of failure by arrested person to account for objects etc.) applies (without prejudice to the effect of any designation applying paragraph 8A) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable."
Page 20, line 33, at end insert—
 

"Power to require arrested person to account for certain matters

    8A   Where a designation applies this paragraph to a person—
(a)  he has the powers of a constable under Articles 5(1)(c) and 6(1)(c) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) to request a person who has been arrested by a constable or by a person to whom paragraph 7 applies to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and
(b)  the references to a constable in Articles 5(1)(b) and (c) and (4) and 6(1)(b) and (c) and (3) of that Order accordingly include references to the person to whom this paragraph is applied."
Page 20, line 44, leave out "in the relevant police area"
Page 21, leave out lines 1 to 3
Page 21, leave out lines 33 to 39
Page 22, line 14, leave out "in the relevant police area"
Page 22, line 41, leave out "in the relevant police area"
Page 23, line 10, leave out "in the relevant police area"
Page 24, line 5, leave out "in the relevant police area"
Page 24, line 7, leave out "in that or any other police area"
Page 24, line 8, leave out "or" and insert—
"(aa)  from that police station to any other place that is specified by the custody officer;"
Page 24, line 11, leave out "in that area or in another police area"
Page 24, leave out lines 12 to 18
Page 24, line 20, leave out "or (2)"
Page 25, line 4, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
Page 25, line 5, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
Page 25, leave out lines 8 and 9
 

Clause 21

 

THE LORD WILLIAMS OF MOSTYN

Page 13, line 13, leave out "section 20" and insert "sections 20 and (Police powers for designated contracted-out staff)"
 

After Clause 21

 

THE LORD WILLIAMS OF MOSTYN

Insert the following new Clause—
  "Designations: supplementary
(1)  Subsection (2) applies if, in reliance on his designation under section 20 or (Police powers for designated contracted-out staff), a person exercises or performs a power or duty in relation to another or purports to do so.
(2)  The designated person must produce his designation to the other if requested to do so.
(3)  A failure to comply with subsection (2) does not make the exercise or performance of the power or duty invalid.
(4)  The Chief Constable may at any time modify or withdraw a person's designation under section 20 or (Police powers for designated contracted-out staff) by notice to him.
(5)  If the Chief Constable modifies or withdraws a person's designation under section (Police powers for designated contracted-out staff), he must send a copy of the notice of the modification or withdrawal to the contractor responsible for supervising the designated person in the carrying out of the functions for the purposes of which the designation was granted.
(6)  In subsection (5) "contractor" means a person who has entered into a contract with the Board such as is mentioned in section (Police powers for designated contracted-out staff) (1)."
Insert the following new Clause—
  "Complaints and misconduct
(1)  The Secretary of State may by regulations make provision for the handling of—
(a)  complaints relating to the carrying out by a person designated under section 20 or (Police powers for designated contracted-out staff) of any of the functions mentioned in subsection (2);
(b)  instances of misconduct involving the carrying out by such a person of any of those functions.
(2)  The functions are those for the purposes of which any power or duty is conferred or imposed on the person by his designation.
(3)  Regulations under subsection (1) may in particular provide that any provision of Part 7 of the Police (Northern Ireland) Act 1998 (c.32) is to apply, with such modifications as may be prescribed by the regulations, with respect to persons designated under section 20 or (Police powers for designated contracted-out staff).
(4)  Before making regulations under subsection (1), the Secretary of State must consult—
(a)  the Ombudsman;
(b)  the Board;
(c)  the Chief Constable;
(d)  the Police Association;
(e)  any other person or body appearing to him to have an interest in the matter."
Insert the following new Clause—
  "Liability for unlawful conduct
(1)  For the purposes of determining liability for the unlawful conduct of employees of the Board, conduct by an employee of the Board in reliance or purported reliance on a designation under section 20 must be taken to be conduct in the course of his employment by the Board; and, in the case of a tort, the Board accordingly falls to be treated as a joint tortfeasor.
(2)  For the purposes of determining liability for the unlawful conduct of persons employed in the civil service, conduct by such a person in reliance or purported reliance on a designation under section 20 must be taken to be conduct in the course of his employment in the civil service; and, in the case of a tort, the Department of Finance and Personnel accordingly falls to be treated as a joint tortfeasor.
(3)  For the purposes of determining liability for the unlawful conduct of employees of a contractor, conduct by such an employee in reliance or purported reliance on a designation under section (Police powers for designated contracted-out staff) must be taken to be conduct in the course of his employment by the contractor; and, in the case of a tort, the contractor accordingly falls to be treated as a joint tortfeasor.
(4)  In subsection (3) "contractor" means a person who has entered into a contract with the Board such as is mentioned in section (Police powers for designated contracted-out staff) (1)."
Insert the following new Clause—
  "Notifiable memberships
(1)  Section 51 of the Police (Northern Ireland) Act 2000 (c.32) (notifiable memberships of police officers) applies in relation to persons designated under section 20 or (Police powers for designated contracted-out staff) as it applies in relation to police officers.
(2)  As so applied, that section has effect as if the reference in subsection (1) to the duties of a police officer were to the functions for the purposes of which any power or duty is conferred or imposed on a person by his designation under section 20 or (Police powers for designated contracted-out staff)."
Insert the following new Clause—
  "Code of ethics
(1)  The Secretary of State may by order apply the code of ethics issued by the Board under section 52 of the Police (Northern Ireland) Act 2000 (c.32) to persons designated under section 20 or (Police powers for designated contracted-out staff).
(2)  An order under subsection (1) may apply the code with such modifications as are specified in the order.
(3)  If an order is made under subsection (1) applying the code to a person designated under section 20 or (Police powers for designated contracted-out staff) he must be guided by the code as it applies to him in carrying out the functions for the purposes of which any power or duty is conferred or imposed on him by his designation."
 

Schedule 2

 

THE LORD WILLIAMS OF MOSTYN

Page 25, line 29, leave out "only"
Page 25, line 33, leave out "only"
Page 26, line 2, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
Page 26, line 11, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
Page 26, line 19, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
Page 26, line 27, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
 

Clause 22

 

THE LORD WILLIAMS OF MOSTYN

Page 13, line 25, leave out "(4)" and insert "(3)"
Page 13, line 26, leave out "(5)" and insert "(3A)"
Page 13, line 30, leave out "(6)" and insert "(3B)"
Page 13, line 31, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
 

Clause 23

 

THE LORD WILLIAMS OF MOSTYN

Page 14, line 8, leave out "20(1)" and insert "20 or (Police powers for designated contracted-out staff)"
 

After Clause 23

 

THE LORD WILLIAMS OF MOSTYN

Insert the following new Clause—
  "Designated persons: interpretation
(1)  This section applies for the interpretation of sections 20 to 23.
(2)  "Conduct" includes omissions and statements.
(3)  Expressions used in those sections and in the Police (Northern Ireland) Act 2000 (c.32) have the same meanings in those sections as they have in that Act."
 

Before Clause 24

 

THE LORD WILLIAMS OF MOSYTN

Insert the following new Clause—
  "Intimate searches
(1)  In Article 56 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (intimate searches) after paragraph (5) insert—
    "(5A)  A person may use reasonable force, if necessary, in carrying out an intimate search as mentioned in paragraph (4) or (5)."
    (2)  Subsection (1) comes into force in accordance with provision made by the Secretary of State by order."
     

    Clause 24

     

    THE LORD WILLIAMS OF MOSTYN

    Page 14, line 39, leave out from beginning to end of line 2 on page 15
     

    Before Clause 26

     

    THE LORD WILLIAMS OF MOSTYN

    Insert the following new Clause—
      "Orders and regulations
    (1)  Any power of the Secretary of State to make orders or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (1979 N.I. 12).
    (2)  Orders or regulations under this Act—
    (a)  may make different provision for different purposes;
    (b)  may include supplementary, incidental, saving or transitional provisions.
    (3)  A statutory rule made under this Act (other than one containing an order under section (Intimate searches)(2) or 24(6)) is 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 (c.36) applies accordingly."

 
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21 January 2003