Police (Northern Ireland) Act 2003

15 Independent members: declaration against terrorism

(1) Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing partnerships) is amended as follows.

(2) In paragraph 1 (interpretation) after sub-paragraph (3) insert—

“(3A) In this Schedule 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”.”

(3) In paragraph 5 (council’s nominations of independent members) in sub-paragraph (4) after “if” insert “(a)” and after “the DPP” insert— “, or

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

(4) In paragraph 7 (removal of members from office) in sub-paragraph (1) after paragraph (a) insert—

“(aa) in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;”.

(5) In paragraph 7 after sub-paragraph (2) insert—

“(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”.”

(6) Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.