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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 DPP if satisfied that—N.I.
(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;
[(aa)in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;]
[(b)he has been convicted in Northern Ireland or elsewhere after the date of his appointment of a criminal offence (whether committed before or after that date);]
(c)he has become bankrupt or made a composition or arrangement with his creditors;
(d)he has failed to comply with the terms of his appointment; or
(e)he is otherwise unable or unfit to discharge his functions as a member of the DPP.
(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 which nominated him; and
(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 district policing partnership ”;
(b)omit subsection (4);
(c)in subsection (5), in the definition of “public meeting” after paragraph (c) insert—
“(d)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), and
(e)any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and”.]
Textual Amendments
Commencement Information