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    (  8  )

27

Page 13, line 18, leave out “33A or”

28

Page 13, line 18, leave out from second “or” to end of line 19 and insert “a special

 

purposes committee;”

29

Page 13, line 20, leave out from “committee” to “that” in line 21

30

Page 13, line 22, leave out “section 33A(5)(a) or (b) or”

31

Page 13, line 26, after “section 60” insert “or by a person who is assisting or has

 

assisted in the conduct of such an inquiry”

32

Page 13, line 26, leave out from “to” to end of line 27 and insert “a special purposes

 

committee;”

33

Page 13, line 32, leave out from “is” to “except” in line 33 and insert “assisting or

 

has assisted in the conduct of the inquiry”

34

Page 13, line 34, leave out “member of the staff of the Board” and insert “person”

35

Page 13, line 38, leave out from “Ombudsman” to end of line 39 and insert “, or an

 

officer of the Ombudsman, in connection with any function of the Ombudsman;”

36

Page 13, line 40, leave out from “to” to end of line 41 and insert “a special purposes

 

committee;”

37

Page 14, line 4, at end insert “(2A),”

38

Page 14, line 10, leave out from “to” to “to” in line 11 and insert “a special purposes

 

committee,”

39

Page 14, line 16, leave out from “Ombudsman” to end of line 17 and insert “, or an

 

officer of the Ombudsman, in connection with any function of the Ombudsman;”

40

Page 14, line 31, after “Schedule 1”, insert “; and

 

“officer of the Ombudsman” has the meaning given by section 50(1) of the 1998

 

Act”

41

Page 14, line 31, at end insert—

 

     “(9)       In section 59(5) of the Police (Northern Ireland) Act 2000 (c. 32) at the

 

beginning insert “Subject to section 74A(6)”.”

Clause 21

42

Page 14, line 36, leave out “and (1B)” and insert “to (1E)”

43

Page 14, leave out lines 38 to 45 and insert—

 

                  ““(1A)                    The Board shall constitute a committee of its members for

 

the purposes mentioned in sub-paragraph (1B) if—

 

                        (a)                        the Chief Constable informs the Board that he

 

wishes to supply information to a committee of the

 

Board under section 59(4D),

 

                        (b)                        the Secretary of State informs the Board that he

 

proposes to modify a requirement to submit a report

 

under section 59(1) for the purpose mentioned in

 

section 59(4A)(b), or

 

                        (c)                        a person who is conducting or has conducted an

 

inquiry under section 60, or who is assisting or has

 

assisted in the conduct of such an inquiry, informs


 

    (  9  )

 
 

the Board that he wishes to disclose information to a

 

committee of the Board under section 74A(5).

 

                  (1B)                    The purposes are—

 

                        (a)                        handling information supplied to the committee by

 

the Chief Constable under section 59;

 

                        (b)                        handling information supplied to it by a person who

 

is conducting or has conducted an inquiry under

 

section 60 or by a person who is assisting or has

 

assisted in the conduct of such an inquiry.

 

                  (1C)                    The Board may not constitute a committee of its members

 

for the purposes mentioned in sub-paragraph (1B) if a

 

committee of its members has already been constituted for

 

those purposes under sub-paragraph (1) or (1A).

 

                  (1D)                    A committee constituted under sub-paragraph (1) or (1A)

 

for the purposes mentioned in sub-paragraph (1B) shall

 

consist of 7 members of the Board.

 

                  (1E)                    The members of a committee constituted under sub-

 

paragraph (1) or (1A) for the purposes mentioned in sub-

 

paragraph (1B)—”

44

Page 15, line 3, at end insert—

 

     “(4)       In section 77(1) of the Police (Northern Ireland) Act 2000 (interpretation) at

 

the appropriate place insert—

 

                    ““special purposes committee” means a committee constituted by the

 

Board under paragraph 24(1) or (1A) of Schedule 1 for the

 

purposes mentioned in paragraph 24(1B) of that Schedule;”.”

Clause 28

45

Page 19, line 19, leave out from beginning to “accordingly” in line 22 and insert

 

“members of the police support staff—

 

           (a)              a member of the police support staff must be treated as an employee

 

of the Chief Constable in relation to conduct in reliance or

 

purported reliance on a designation under section 23;

 

           (b)              conduct by a member of the police support staff in reliance or

 

purported reliance on a designation under section 23 must be taken

 

to be conduct in the course of that employment;

 

           (c)              in the case of a tort, the Chief Constable”.

46

Page 19, line 23, leave out subsection (2)

Clause 36

47

Page 22, line 18, leave out paragraph (a)

Clause 37

48

Page 22, line 33, at end insert—

 

     “(2A)       No order may be made under section (Independent members: declaration

 

against terrorism)(6), (Independent members: disqualification)(2) or (Belfast)(2)


 

    (  10  )

 
 

unless a draft of the statutory rule containing the order to be made has been

 

laid before Parliament and approved by a resolution of each House.”

49

Page 22, line 35, after “section”, insert “(Independent members: declaration against

 

terrorism)(6), (Independent members: disqualification)(2), (Belfast)(2), (Protected

 

disclosures by police officers)(4),”

Clause 38

50

Page 22, line 40, after “repeals”, insert “and revocations”

Clause 40

51

Page 23, line 5, leave out subsection (2)

Before Schedule 1

52

Insert the following new Schedule—

 

“Belfast

 

  1        The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in

 

paragraphs 2 to 13.

 

  2        After section 15 insert—

 

       “15A            Default of council: Belfast sub-groups

 

              (1)             If the Secretary of State is satisfied that the district council for

 

Belfast has failed to comply with—

 

                    (a)                   section 21(1), or

 

                    (b)                   any provision of Schedule 3A,

 

he may, after consulting the Board, direct the council to take,

 

within such period as is specified in the direction, such action for

 

the purpose of remedying the default as is so specified.

 

              (2)             If the council fails to comply with a direction under subsection

 

(1), the Secretary of State may—

 

                    (a)                   declare the council to be in default; and

 

                    (b)                   make an order empowering the Board to exercise the

 

functions of the council to such extent as appears to him

 

necessary or expedient to secure that a sub-group of the

 

council’s district policing partnership is established for

 

each police district established under section 20(2).

 

              (3)             An order under subsection (2) may provide for Schedule 3A to

 

have effect in relation to the exercise by the Board of any


 

    (  11  )

 
 

functions of the council with such modifications as may be

 

specified in the order.

 

              (4)             An order under subsection (2) may confer on the Board power to

 

remove any members of a sub-group of the council’s district

 

policing partnership holding office at the date of the order.

 

              (5)             Any costs incurred by the Board under an order under

 

subsection (2) shall in the first instance be defrayed as expenses

 

of the Board, but—

 

                    (a)                   an amount equal to one quarter of those costs as certified

 

by the Board shall on demand be paid to the Board by the

 

council; and

 

                    (b)                   any sums demanded under paragraph (a) may be

 

recovered summarily by the Board as a debt.

 

              (6)             A sub-group established in pursuance of an order under

 

subsection (2) shall be treated as having been established under

 

section 21.”

 

  3        In section 17 (annual report by district policing partnership to council)

 

after subsection (1) insert—

 

              “(1A)                Subsection (1) does not apply to the district policing partnership

 

for Belfast.”

 

  4        In section 18 (reports by district policing partnership to Board) after

 

subsection (1) insert—

 

              “(1A)                Subsection (1) does not apply to the district policing partnership

 

for Belfast.”

 

  5        For section 21 substitute—

 

       “21 District policing partnership sub-groups for Belfast

 

              (1)             The district council for Belfast shall establish a sub-group of its

 

district policing partnership for each police district established

 

under section 20(2).

 

              (2)                             The functions of each sub-group shall be—

 

                    (a)                   to provide views to the district commander of the sub-

 

group’s police district and to the district policing

 

partnership on any matter concerning the policing of that

 

police district;

 

                    (b)                   to monitor the performance of the police in carrying

 

out—

 

                           (i)                          the policing plan in relation to the police district;

 

and

 

                           (ii)                         the local policing plan applying to the police

 

district;

 

                    (c)                   to make arrangements for obtaining—

 

                           (i)                          the views of the public about matters concerning

 

the policing of the police district; and

 

                           (ii)                         the co-operation of the public with the police in

 

preventing crime;


 

    (  12  )

 
 

                    (d)                   to act as a general forum for discussion and consultation

 

on matters affecting the policing of the police district.

 

              (3)             The code issued under section 19 may contain guidance as to the

 

exercise by sub-groups of their functions.

 

              (4)                             In exercising its functions a sub-group shall have regard to any

 

such guidance contained in the code.

 

              (5)                             If the district policing partnership is satisfied that a sub-group is

 

carrying out any of the sub-group’s functions in relation to a

 

police district, the partnership is not required to carry out any

 

corresponding function it has in relation to the part of the district

 

comprising the police district.

 

              (6)             Schedule 3A shall have effect in relation to the sub-groups.”

 

  6        After section 21 insert—

 

       “21A Annual report by sub-groups to Belfast district policing

 

partnership

 

              (1)             A sub-group established under section 21 shall, not later than 2

 

months after the end of each financial year, submit to the district

 

policing partnership for Belfast a general report on the exercise of

 

its functions during that year.

 

              (2)             A report under subsection (1) shall include details of the

 

arrangements made under section 21(2)(c).

 

              (3)             Before submitting any report under subsection (1), a sub-group

 

shall consult the district commander of its police district.”

 

  7        After section 21A (inserted by paragraph 6 above) insert—

 

       “21B Annual report by Belfast district policing partnership to council

 

              (1)             The district policing partnership for Belfast shall, not later than 4

 

months after the end of each financial year, submit to the district

 

council for Belfast a general report on the exercise during that

 

year of—

 

                    (a)                   its functions;

 

                    (b)                   the functions of the sub-groups established under section

 

21.

 

              (2)             When the district policing partnership submits its report under

 

subsection (1) it shall at the same time—

 

                    (a)                   send to the council copies of the sub-group reports for the

 

year;

 

                    (b)                   send copies of its report and the sub-group reports for the

 

year to the Board.

 

              (3)             If the district policing partnership has made arrangements under

 

section 16(1)(c) the report under subsection (1) shall include

 

details of the arrangements.


 

    (  13  )

 
 

              (4)             Before submitting any report under subsection (1), the district

 

policing partnership shall consult the district commander of each

 

police district in the district of Belfast.

 

              (5)             The district council shall arrange for a report submitted under

 

subsection (1) to be published in such manner as appears to the

 

council to be appropriate.

 

              (6)             The district council may arrange for a sub-group report to be

 

published with the report submitted under subsection (1) if—

 

                    (a)                   the council considers publication of the sub-group report

 

to be appropriate, or

 

                    (b)                   the district policing partnership has requested the

 

publication of the sub-group report.

 

              (7)             A “sub-group report” is a report submitted to the district policing

 

partnership under section 21A.”

 

  8        After section 21B (inserted by paragraph 7 above) insert—

 

       “21C Other reports by sub-groups to Belfast district policing partnership

 

              (1)             A sub-group established under section 21 shall, whenever so

 

required by the district policing partnership for Belfast, submit to

 

the partnership a report on any matter which is specified in the

 

requirement and is connected with the exercise of its functions.

 

              (2)             A report under this section shall be made—

 

                    (a)                   in such form as may be specified in the requirement

 

under subsection (1); and

 

                    (b)                   within the period of 2 months from the date on which that

 

requirement is made, or within such longer period as

 

may be agreed between the sub-group and the

 

partnership.

 

              (3)             The partnership may arrange for a report submitted under this

 

section to be published in such manner as appears to the

 

partnership to be appropriate.

 

              (4)             Subsection (3) does not apply if the partnership has imposed the

 

requirement under subsection (1) to enable it to comply with a

 

requirement imposed on it under section 21D(1).”

 

  9        After section 21C (inserted by paragraph 8 above) insert—

 

       “21D Reports by Belfast district policing partnership to Board

 

              (1)             The district policing partnership for Belfast shall, whenever so

 

required by the Board, submit to the Board a report on any matter


 

    (  14  )

 
 

which is specified in the requirement and is connected with the

 

exercise of—

 

                    (a)                   its functions, or

 

                    (b)                   the functions of a sub-group established under section 21.

 

              (2)             A report under this section shall be made—

 

                    (a)                   in such form as may be specified in the requirement

 

under subsection (1); and

 

                    (b)                   within the required period or such longer period as may

 

be agreed between the district policing partnership and

 

the Board.

 

              (3)             The required period is—

 

                    (a)                   4 months from the date on which the requirement under

 

subsection (1) is made, if the requirement relates wholly

 

or in part to the functions of a sub-group;

 

                    (b)                   3 months from the date on which the requirement under

 

subsection (1) is made, in any other case.

 

              (4)             When the district policing partnership submits its report under

 

subsection (1) it shall at the same time send to the Board copies of

 

any related sub-group report.

 

              (5)             The Board may arrange for the publication, in such manner as

 

appears to the Board to be appropriate, of—

 

                    (a)                   a report submitted under subsection (1);

 

                    (b)                   a related sub-group report.

 

              (6)             A “sub-group report” is a report submitted to the district policing

 

partnership under section 21C.

 

              (7)             A sub-group report is related to a report submitted in pursuance

 

of a requirement under subsection (1) if the district policing

 

partnership imposed the requirement to submit the sub-group

 

report to enable it to comply with the requirement under

 

subsection (1).”

 

  10       In section 22 (the local policing plan) after subsection (3) insert—

 

              “(3A)                Before issuing or revising a local policing plan for a police district

 

established under section 20(2), the district commander shall also

 

consult the sub-group established for the district under section 21

 

and take account of any views expressed.”

 

  11      (1)      Schedule 1 (the Northern Ireland Policing Board) is amended as follows.

 

          (2)      In paragraph 3(7) (disqualification from membership of Board during

 

suspension of devolved government), after paragraph (b)(iii) insert—

 

                             “; or

 

                             (iv)                               a member of a sub-group established under

 

section 21.”.

 

          (3)      In paragraph 10(1)(b) (disqualification from membership of Board

 

during devolved government), after “district policing partnership;”

 

insert—

 

                             “or

 

                             (iv)                               a member of a sub-group established under

 

section 21;”.


 
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