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    (  15  )

 
 

  12       In Schedule 3 (district policing partnerships) after paragraph 16 insert—

 

“Belfast district policing partnership

 

          1                (1)                                 The preceding paragraphs of this Schedule have effect in

 

relation to the district policing partnership for Belfast with the

 

following modifications.

 

                           (2)                                 In paragraph 2 after sub-paragraph (5) insert—

 

                           “(6)                  The members of the DPP who are appointed by the council in

 

accordance with paragraph 3 shall include the persons who

 

hold the office of chairman of each of the sub-groups of the

 

DPP established under section 21.”

 

                           (3)                                 In paragraph 5 after sub-paragraph (3) insert—

 

                           “(3A)                  In relation to each person nominated by it under sub-

 

paragraph (1) the council shall also notify the Board of—

 

              (a)             whether the person is also willing to be a candidate for

 

appointment as an independent member of a sub-group

 

established under section 21;

 

              (b)             the sub-group or sub-groups concerned, if he is so willing.””

 

  13       After Schedule 3 insert—

 

“schedule 3A

 

belfast sub-groups

 

Interpretation

 

          1                (1)                                                   In this Schedule—

 

                                                     “the council” means the district council for Belfast;

 

                                                     a “declaration against terrorism” means a declaration in

 

the form set out in Part 1 of Schedule 2 to the Elected

 

Authorities (Northern Ireland) Act 1989, with the

 

substitution of the words “if appointed” for the words

 

“if elected”;

 

                                                     “independent member”, in relation to a sub-group,

 

means a member appointed under paragraph 2(4);

 

                                                     “local general election” has the same meaning as in the

 

Electoral Law Act (Northern Ireland) 1962;

 

                                                     “the partnership” means the district policing

 

partnership for Belfast;

 

                                                     “political member”, in relation to a sub-group, means a

 

member appointed under paragraph 2(3);

 

                                                     “sub-group” means a sub-group established under

 

section 21.

 

                           (2)               For the purposes of this Schedule an independent member of

 

the council shall be treated as a party.

 

Size and composition

 

          2                (1)                                 A sub-group shall consist of 11 members.


 

    (  16  )

 
 

                           (2)                                                   The members of a sub-group need not be members of the

 

partnership.

 

                           (3)                                 Six of the members of a sub-group shall be appointed by the

 

council from among members of the council in accordance

 

with paragraph 3.

 

                           (4)                                 Five of the members of a sub-group shall be appointed in

 

accordance with paragraph 4.

 

Political members

 

          3                (1)                                 The council shall exercise its power to appoint political

 

members of a sub-group so as to ensure that, so far as

 

practicable, the political members of all the sub-groups, taken

 

together, reflect the balance of parties prevailing among the

 

members of the council immediately after the last local general

 

election.

 

                           (2)               Subject to the following provisions of this paragraph, a person

 

shall hold and vacate office as a political member in

 

accordance with the terms of his appointment.

 

                           (3)               A political member shall hold office until the date of the local

 

general election next following his appointment.

 

                           (4)               A person appointed to fill a casual vacancy shall hold office for

 

the remainder of the term of the political member in whose

 

place he is appointed.

 

                           (5)               A political member shall cease to hold office if—

 

                      (a)                     he resigns by notice in writing to the council;

 

                      (b)                     he becomes disqualified for membership of a sub-

 

group; or

 

                      (c)                     he ceases to be a member of the council.

 

                           (6)               A person whose term of office as a political member expires or

 

who has resigned shall be eligible for re-appointment.

 

Independent members

 

          4                (1)               Appointments of independent members shall be made by the

 

Board from among persons nominated by the council in

 

accordance with paragraph 5.

 

                           (2)                                 In appointing independent members of a sub-group the Board

 

shall so far as practicable secure that the members of the sub-

 

group (taken together) are representative of the community in

 

the sub-group’s police district.

 

                           (3)               Subject to the following provisions of this paragraph, a person

 

shall hold and vacate office as an independent member in

 

accordance with the terms of his appointment.

 

                           (4)               An independent member shall hold office until the date of the

 

local general election next following his appointment.

 

                           (5)               A person appointed to fill a casual vacancy shall hold office for

 

the remainder of the term of the independent member in

 

whose place he is appointed.

 

                           (6)               An independent member shall cease to hold office if—


 

    (  17  )

 
 

                      (a)                     he resigns by notice in writing to the council; or

 

                      (b)                     he becomes disqualified for membership of a sub-

 

group.

 

                           (7)               A person whose term of office as an independent member

 

expires or who has resigned shall be eligible for re-

 

appointment.

 

The council’s nominations

 

          5                (1)               Where appointments are to be made of independent members

 

of a sub-group, the council shall nominate persons willing to

 

be candidates for appointment.

 

                           (2)               Unless otherwise agreed with the Board, the number of

 

persons to be nominated under sub-paragraph (1) on any

 

occasion shall be twice the number of appointments to be

 

made of independent members.

 

                           (3)               The council shall notify the Board of—

 

                      (a)                     the name of each person nominated by it under sub-

 

paragraph (1); and

 

                      (b)                     such other information regarding those persons as it

 

considers appropriate.

 

                           (4)               In relation to each person nominated by it under sub-

 

paragraph (1) the council shall also notify the Board of—

 

                      (a)                     whether the person is also willing to be a candidate for

 

appointment as an independent member of any other

 

sub-group;

 

                      (b)                     the sub-group or sub-groups concerned, if he is so

 

willing;

 

                      (c)                     whether the person is also willing to be a candidate for

 

appointment as an independent member of the

 

partnership.

 

                           (5)               A person shall not be nominated under sub-paragraph (1) if—

 

                      (a)                     he is disqualified for membership of a sub-group, or

 

                      (b)                     he has not made a declaration against terrorism.

 

                           (6)               Where the number of persons nominated by the council is less

 

than twice the number of appointments to be made, the Board

 

may itself nominate such number of candidates as when

 

added to the number nominated by the council equals twice

 

the number of appointments to be made.

 

                           (7)               If the Board does so, paragraph 4(1) shall have effect as if those

 

persons had been nominated by the council.

 

Code of practice on appointment of independent members

 

          6                (1)               In exercising functions under paragraphs 4 and 5, the council

 

and the Board shall have regard to any code of practice under

 

this paragraph.

 

                           (2)               The Secretary of State may issue, and from time to time revise,

 

a code of practice containing guidance as to the exercise by the

 

council and the Board of their functions under paragraphs 4

 

and 5.


 

    (  18  )

 
 

                           (3)               Before issuing or revising a code of practice under this

 

paragraph, the Secretary of State shall consult—

 

                      (a)                     the Board;

 

                      (b)                     the council; and

 

                      (c)                     the Equality Commission for Northern Ireland.

 

                           (4)               The Secretary of State shall arrange for any code of practice

 

issued or revised under this paragraph to be published in such

 

manner as appears to him to be appropriate.

 

Removal of members from office

 

          7                (1)               The Board, or the council with the approval of the Board, may

 

remove a person from office as a political or independent

 

member of a sub-group if satisfied that—

 

                      (a)                     in the case of an independent member, he failed to

 

make the necessary disclosure in relation to a

 

conviction of his for a criminal offence in Northern

 

Ireland or elsewhere;

 

                      (b)                     in the case of an independent member, he has acted in

 

breach of the terms of a declaration against terrorism;

 

                      (c)                     he has been convicted of a criminal offence in Northern

 

Ireland or elsewhere committed after the date of his

 

appointment;

 

                      (d)                     he has become bankrupt or made a composition or

 

arrangement with his creditors;

 

                      (e)                     he has failed to comply with the terms of his

 

appointment; or

 

                      (f)                     he is otherwise unable or unfit to discharge his

 

functions as a member of the sub-group.

 

                           (2)               “The necessary disclosure”, in relation to a conviction of an

 

independent member, means full disclosure of it—

 

                      (a)                     before his nomination, to the council;

 

                      (b)                     before his appointment, to the Board.

 

                           (3)                                                   Section 6 of the Elected Authorities (Northern Ireland) Act

 

1989 applies to determine whether an independent member

 

has acted in breach of the terms of a declaration against

 

terrorism as it applies to determine whether a person who has

 

made a declaration required for the purpose of section 3, 4 or

 

5 of that Act has acted in breach of the terms of the declaration.

 

                           (4)                                 As applied by sub-paragraph (3), section 6 of the Elected

 

Authorities (Northern Ireland) Act 1989 applies with the

 

following modifications—

 

                      (a)                     in subsection (1), for the words from “after” to “the

 

Assembly” substitute “when he is an independent

 

member of a sub-group established under section 21 of

 

the Police (Northern Ireland) Act 2000”;

 

                      (b)                     omit subsection (4);

 

                      (c)                     in subsection (5), in the definition of “public meeting”

 

after paragraph (c) insert—

 

                                      “(d)                                                                                 any meeting of a sub-group

 

established under section 21

 

of the Police (Northern


 

    (  19  )

 
 

Ireland) Act 2000 or a

 

committee of such a sub-

 

group (whether or not a

 

meeting which the public is

 

permitted to attend), and

 

                                      (e)                                                                                 any meeting of a district policing

 

partnership or a committee of

 

a district policing partnership

 

(whether or not a meeting

 

which the public is permitted

 

to attend),”.

 

Disqualification

 

          8                (1)               A person is disqualified for membership of a sub-group if he

 

is—

 

                      (a)                     a police officer;

 

                      (b)                     a member of the police support staff;

 

                      (c)                     a member of the Board; or

 

                      (d)                     an employee of the council.

 

                           (2)                                 A person removed from office under paragraph 7(1) is

 

disqualified for membership of a sub-group until the date of

 

the next local general election following his removal.

 

                           (3)                                 A person is disqualified for being an independent member of

 

a sub-group if—

 

                      (a)                     he has been convicted in Northern Ireland or

 

elsewhere of any offence and has had passed on him a

 

sentence of imprisonment or detention, and

 

                      (b)                     the relevant period has not ended.

 

                           (4)                                 The relevant period is the period of five years beginning with

 

the person’s discharge in respect of the offence.

 

                           (5)               For the purposes of sub-paragraph (4) the following are to be

 

treated as the discharge of a person (whether or not his release

 

is subject to conditions)—

 

                      (a)                     his release on licence;

 

                      (b)                     his release in pursuance of a grant of remission.

 

                           (6)               Sub-paragraph (5) does not apply in relation to the release of a

 

person in respect of an offence if he is required to return to

 

prison or detention for a further period in respect of the

 

offence.

 

                           (7)                                 Subject to sub-paragraph (8), the reference in sub-paragraph

 

(3) to a sentence of imprisonment or detention does not

 

include a suspended sentence.

 

                           (8)                                 Sub-paragraph (7) does not apply in relation to a suspended

 

sentence that has been ordered to take effect.

 

                           (9)               In this paragraph “suspended sentence” means a sentence of

 

imprisonment or detention that is ordered not to take effect

 

unless the conditions specified in the order are met.


 

    (  20  )

 
 

Chairman and vice-chairman

 

          9                (1)               There shall be a chairman and vice-chairman of a sub-group

 

appointed by the council from among the political members.

 

                           (2)               In making appointments under sub-paragraph (1), the council

 

shall ensure that, so far as practicable—

 

                      (a)                     the office of chairman and vice-chairman are at all

 

times held by members of different political parties;

 

                      (b)                     a person is appointed to the office of chairman or vice-

 

chairman for a term of 12 months at a time or, where

 

that period is shorter than 12 months, for a period

 

ending with the date of the local general election next

 

following his appointment;

 

                      (c)                     the office of chairman is held in turn by each of the four

 

largest parties represented on the council immediately

 

after the last local general election;

 

                      (d)                     the office of chairman is not held by a person who is a

 

member of the same political party as a person who

 

holds the office of chairman of another sub-group.

 

                           (3)               Subject to the following provisions of this paragraph, a person

 

shall hold and vacate office as chairman or vice-chairman in

 

accordance with the terms of his appointment.

 

                           (4)               A person may at any time resign as chairman or vice-chairman

 

by notice in writing to the council.

 

                           (5)               If the chairman or vice-chairman ceases to be a member of the

 

sub-group, he shall also cease to hold office as chairman or

 

vice-chairman.

 

Allowances

 

          10                The council may pay to the chairman, vice-chairman and other

 

members of a sub-group such allowances as the council, with

 

the approval of the Board, may determine.

 

Indemnities

 

          11                                  The council may indemnify a member of a sub-group in

 

respect of liability incurred by him in connection with the

 

business of the sub-group.

 

Insurance against accidents

 

          12               (1)               The council may insure against risks of a member of a sub-

 

group meeting with a personal accident, whether fatal or not,

 

while he is engaged on the business of the sub-group.

 

                           (2)                                 Sub-paragraph (3) applies if the council receives a sum under

 

any such insurance in respect of an accident to a member of the

 

sub-group.

 

                           (3)                                 The council shall pay the sum to the member or his personal

 

representatives, after deducting any expenses incurred in its

 

recovery.


 

    (  21  )

 
 

                           (4)               The provisions of the Life Assurance Act 1774 as extended by

 

the Life Insurance (Ireland) Act 1866 do not apply to any

 

insurance under this paragraph.

 

Finance

 

          13                                  The Board shall for each financial year make to the council a

 

grant equal to three-quarters of the expenses reasonably

 

incurred by the council in that year in connection with the

 

establishment of, or the exercise of functions by, sub-groups.

 

Procedure

 

          14               (1)               The quorum for a meeting of a sub-group shall be 5.

 

                           (2)               Every question at a meeting of a sub-group shall be

 

determined by a majority of the votes of the members present

 

and voting on the question, and in the case of an equal division

 

of the votes, the chairman of the meeting shall have a second

 

or casting vote.

 

                           (3)               If the chairman and vice-chairman are absent from a meeting

 

of a sub-group, the members present shall elect one of their

 

number to act as chairman of the meeting.

 

                           (4)               Subject to sub-paragraphs (1) to (3) and to section 19 and to

 

any directions given by the partnership, a sub-group may

 

regulate its own procedure.

 

Validity of proceedings

 

          15                                  The validity of any proceedings of a sub-group or a committee

 

thereof shall not be affected by—

 

                      (a)                     any defect in the appointment of the chairman or vice-

 

chairman or any other member; or

 

                      (b)                     any vacancy in the office of chairman or vice-chairman

 

or among the other members.

 

Disclosure of pecuniary interests, family connections, etc.

 

          16                Sections 28 to 33, 42, 46, 47 and 146 of the Local Government

 

Act (Northern Ireland) 1972 (and section 148 of that Act so far

 

as applying for the interpretation of those sections) apply to a

 

sub-group and its members as if—

 

                      (a)                     in those sections—

 

                             (i)                            any reference to a council were a reference to

 

the sub-group;

 

                             (ii)                           any reference to a councillor were a reference to

 

a member of the sub-group;

 

                             (iii)                          any reference to the clerk of the council were a

 

reference to the person acting as secretary of the

 

sub-group;

 

                      (b)                     in section 28(4) of that Act for the words from “by any

 

local elector” to the end there were substituted the

 

words “by any person”;

 

                      (c)                     in section 29 of that Act any reference to the Minister

 

were a reference to the Secretary of State.


 
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