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Police (Northern Ireland) Bill [HL]


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

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 27    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 21.

     (2)    An order under subsection (1) may apply the code with such modifications as

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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 21 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.

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 28    Assaults on, and obstruction of, designated persons

     (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 (3) insert—

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           “(3A)              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.

           (3B)              In this section “designated person” means a person designated under

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section 20 or 21 of the Police (Northern Ireland) Act 2003.”

 29    Impersonation etc. of designated persons

     (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

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

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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)”.

     (4)    After subsection (5) insert—

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

    17

 

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

section 20 or 21 of the Police (Northern Ireland) Act 2003.”

 30    Designated persons: interpretation

     (1)    This section applies for the interpretation of sections 20 to 29.

     (2)    “Conduct” includes omissions and statements.

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     (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.

Searches and samples

 31    Intimate searches

     (1)    In Article 56 of the Police and Criminal Evidence (Northern Ireland) Order

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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.

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 32    Intimate samples

     (1)    The Police and Criminal Evidence (Northern Ireland) Order 1989 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

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

           (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;

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                  (b)                 a registered health care professional.”

     (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—

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

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

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designated for the purposes of this paragraph by an order

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

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

 

 

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

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           “(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.”

     (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

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Secretary of State by order.

Codes of practice

 33    Codes of practice

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

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

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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

the order.

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           (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;

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

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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

General

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 34    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 (S.I. 1979/1573 (N.I. 12)).

     (2)    Orders or regulations under this Act—

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           (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 31(2) or 32(6)) is subject to annulment in pursuance of a

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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.

 35    Repeals

Schedule 3 contains repeals.

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

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 36    Extent

This Act extends to Northern Ireland only.

 37    Short title

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

 

 

 
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