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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 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

    11

 

                  (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

Designation of civilians

 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 this section 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 or imposed on him by his designation.

     (3)    A person designated under this section 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 under this section 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 person designated under this

section by his designation are any or all of those specified in the applicable Part

of Schedule 1.

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     (6)    The applicable Part of Schedule 1 is—

           (a)           Part 1, in the case of a person designated under this section as an

investigating officer;

           (b)           Part 2, in the case of a person designated under this section as a

detention officer;

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           (c)           Part 3, in the case of a person designated under this section as an escort

officer.

     (7)    If a power is conferred or a duty imposed on a person designated under this

section by his designation—

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

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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.

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

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designated under this section 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.

 

 

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

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

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

     (10)   If a power exercisable by a person designated under this section in reliance on

his designation includes power to use force to enter any premises, the power is

exercisable by the person only—

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

officer, or

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

property.

 21    Police powers for designated contracted-out staff

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     (1)    This section applies if the Board has entered into a contract with a person (“the

contractor”) for the provision of services relating to the detention or escort of

persons who have been arrested or are otherwise in custody.

     (2)    The Chief Constable may designate an employee of the contractor as an officer

of either or both of these descriptions—

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           (a)           detention officer;

           (b)           escort officer.

     (3)    The Chief Constable may designate a person under this section only if he is

satisfied that these requirements are met—

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

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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

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

duties to be conferred or imposed on him by his designation;

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           (d)           the contractor is a fit and proper person to supervise the carrying out of

the functions for the purposes of which the person is to be designated.

     (4)    A person designated under this section has—

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

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

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     (5)    A designation under this section may confer powers or impose duties on a

person only by applying the powers or duties to him.

     (6)    The powers and duties that may be applied to a person designated under this

section by his designation are any or all of those specified in the applicable Part

of Schedule 1.

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     (7)    The applicable Part of Schedule 1 is—

           (a)           Part 2, in the case of a person designated under this section as a

detention officer;

           (b)           Part 3, in the case of a person designated under this section as an escort

officer.

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     (8)    If a power is conferred or a duty imposed on a person designated under this

section by his designation—

           (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 an

employee of the contractor;

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

    14

 

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

or conditions specified in the designation.

     (9)    Subsection (10) applies in relation to the exercise of a power by a person

designated under this section in reliance on his designation if the power is one

which, if exercised by a police officer, includes or is supplemented by a power

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to use reasonable force.

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

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

     (11)   A designation under this section, unless it is previously withdrawn or ceases

to have effect under subsection (12), shall remain in force for such period as

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may be specified in the designation; but it may be renewed at any time with

effect from the time when it would otherwise expire.

     (12)   A designation under this section shall cease to have effect—

           (a)           if the designated person ceases to be an employee of the contractor; or

           (b)           if the contract between the Board and the contractor is terminated or

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expires.

 22    Police powers: amendments

     (1)    Schedule 2 contains amendments consequential on sections 20 and 21.

     (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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 23    Designations: supplementary

     (1)    Subsection (2) applies if, in reliance on his designation under section 20 or 21,

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

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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 21 by notice to him.

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     (5)    If the Chief Constable modifies or withdraws a person’s designation under

section 21, 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.

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     (6)    In subsection (5) “contractor” means a person who has entered into a contract

with the Board such as is mentioned in section 21(1).

 24    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

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section 20 or 21 of any of the functions mentioned in subsection (2);

 

 

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

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           (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

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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 21.

     (4)    Before making regulations under subsection (1), the Secretary of State must

consult—

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           (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

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matter.

 25    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

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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

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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

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purported reliance on a designation under section 21 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 21(1).

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 26    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 21 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

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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 21.

 

 

 
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