Police (Northern Ireland) Act 1998

F1 Part I N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Pt. I (ss. 1-13) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F3 Part II N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Pt. II (ss. 14-17) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

Part III N.I. The police force

F4 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F4 S. 18 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F5 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F5 S. 19 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F6 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F6 S. 20 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F7 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F7 S. 21 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F8 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F8 S. 22 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F9 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F9 S. 23 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F10 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F10 S. 24 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

25 Regulations for [F11 Police Service of Northern Ireland]. N.I.

(1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of members of [F11 the Police Service of Northern Ireland].

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a) the ranks to be held by members of [F11 the Police Service of Northern Ireland];

(b) the qualifications for appointment and promotion of members of [F11 the Police Service of Northern Ireland];

(c) periods of service on probation;

(d) voluntary retirement of members of [F11 the Police Service of Northern Ireland];

(e) the conduct, efficiency and effectiveness of members of [F11 the Police Service of Northern Ireland] and the maintenance of discipline;

(f) the suspension or dismissal of members of [F11 the Police Service of Northern Ireland] from membership of [F11 the Police Service of Northern Ireland] and from the office of constable;

(g) the maintenance of personal records of members of [F11 the Police Service of Northern Ireland];

(h) the duties which are or are not to be performed by members of [F11 the Police Service of Northern Ireland];

(i) the treatment as occasions of police duty of attendance at meetings of the Police Association and of any body recognised by the Secretary of State for the purposes of section 35;

(j) the hours of duty, leave, pay and allowances of members of [F11 the Police Service of Northern Ireland];

(k) the pensions and gratuities in respect of service as a member of [F11 the Police Service of Northern Ireland] (including provision for the recognition for the purposes of such pensions and gratuities of service otherwise than as a member of the police force and for the payment and receipt of transfer values or of other lump sums made for the purpose of creating or restoring rights to such pensions and gratuities); and

(l) the issue, use and return of equipment.

(3) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or make provision for the establishment of, procedures for cases in which a member of [F11 the Police Service of Northern Ireland] may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

(b) make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) is decided by the [F12 Board].

(4) Without prejudice to the powers conferred by this section, regulations under this section shall provide for appeals to an appeals tribunal by members of [F11 the Police Service of Northern Ireland] who are dismissed, required to resign or reduced in rank—

(a) in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

(b) in a case where there is a right of appeal to another person, by a decision of that person.

(5) In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (3)(b)—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the [F12 Board], the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except[F13 —

(a) as permitted by section 36A of the Police (Northern Ireland) Act 2000; or

(b)] where the person appointed holds the rank of superintendent or a higher rank.

(7) Where regulations made in accordance with subsection (2)(a) vary the ranks held by members of [F11 the Police Service of Northern Ireland], the regulations may make such amendments as appear to the Secretary of State to be necessary or expedient to any statutory provision (including this Act) containing a reference to any rank held by a member of [F11 the Police Service of Northern Ireland].

(8) The Secretary of State shall consult both the [F12 Board] and the Police Association before making any regulations under this section, other than regulations made by virtue of subsection (2)(j), (k) or (l).

Textual Amendments

F11 Words in s. 25 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

F12 Words in s. 25(3)(b)(5)(a)(8) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

F13 S. 25(6)(a)(b) and word inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 24(2)

Modifications etc. (not altering text)

C1 S. 25 restricted (4.11.2001) by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 5 para. 1(4); S.R. 2001/396, art. 2, Sch.)

C2 S. 25 modified (8.9.2003) by The Police (Northern Ireland) Act 1998 (Modification) Order 2003 (S.R. 2003/376), arts. 1(1), 2

Commencement Information

I3 S. 25 partly in force; s. 25 not in force at Royal Assent see s. 75(1); s. 25(1)-(3)(5)-(8) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4)

26 Regulations for [F14 Police Service of Northern Ireland] Reserve. N.I.

(1) The Secretary of State may make regulations as to the government, administration and conditions of service of reserve constables.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a) the ranks to be held by reserve constables;

(b) the appointment and promotion of reserve constables;

(c) the retirement of reserve constables;

(d) the conduct, efficiency and effectiveness of reserve constables and the maintenance of discipline;

(e) the suspension or dismissal of reserve constables from their office;

(f) the remuneration and allowances of reserve constables; and

(g) the application to reserve constables, subject to such modifications as may be prescribed by the regulations, of any provision made under section 25 or any other statutory provision with respect to pensions [F15 or gratuities] payable to or in respect of members of [F14 the Police Service of Northern Ireland].

(3) Without prejudice to the powers conferred by this section, regulations under this section shall establish, or make provision for the establishment of, procedures for cases in which a reserve constable may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.

(4) Without prejudice to the powers conferred by this section, regulations under this section shall provide for appeals to an appeals tribunal by reserve constables who are dismissed, required to resign or reduced in rank—

(a) in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

(b) in a case where there is a right of appeal to another person, by a decision of that person.

(5) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the [F16 Board], the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6) The Secretary of State shall consult both the [F16 Board] and the Police Association before making any regulations under this section.

Textual Amendments

F14 Words in s. 26(2)(g) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

F15 Words in s. 26(2)(g) inserted (23.11.2000) by 2000 c. 32, ss. 49(5)(a), 79(2)(a) (with Sch. 7 para. 2)

F16 Words in s. 26(5)(a)(6) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

Modifications etc. (not altering text)

C3 S. 26 restricted (4.11.2001) by S.I. 1976/1042 (N.I. 15), art. 84(2) (as inserted (4.11.2001) by 2000 c. 32, s. 74, Sch. 5 para. 1(4); S.R. 2001/396, art. 2, Sch.)

C4 S. 26(2)(g) amended (23.11.2000) by 2000 c. 32, ss. 49(5)(b), 79(2)(a) (with Sch. 7 para. 2)

Commencement Information

I4 S. 26 partly in force; s. 26 not in force at Royal Assent see s. 75(1), s. 26(1)-(3)(5)(6) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4)

27 Members of [F17 Police Service of Northern Ireland] engaged on other police service. N.I.

(1) For the purposes of this section “relevant service” means—

(a) service in a police force in Great Britain, on which a member of [F17 the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable and the Secretary of State;

[F18 (aa) temporary service on which a member of the police force is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30);]

F19 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) temporary service with the Police Information Technology Organisation on which a member of [F17 the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;

[F20 (ca) temporary service with the Assets Recovery Agency on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;]

[F21 (cb) seconded service as a member of the staff of the Serious Organised Crime Agency on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;]

(d) temporary service on which a member of [F17 the Police Service of Northern Ireland] is engaged in accordance with arrangements under section 8 of this Act;

(e) temporary service as an inspector of constabulary under section 56 of the M3 Police Act 1996 on which a member of [F17 the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;

(f) temporary service under the Crown in connection with the provision by the Secretary of State of such organisations and services as are described in section 57 of the M4 Police Act 1996, on which a member of [F17 the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable;

(g) service the expenses of which are payable under section 1(1) of the M5 Police (Overseas Service) Act 1945, on which a member of [F17 the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable; F22 . . .

(h) service pursuant to an appointment under section 10 of the M6 Overseas Development and Co-operation Act 1980, on which a member of [F17 the Police Service of Northern Ireland] is engaged with the consent of the Chief Constable [F23 , or

(j) service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable.]

(2) In this section “member ofthe Police Service of Northern Ireland” does not include the Chief Constable.

(3) Subject to subsections (4) to (7), a member of [F17 the Police Service of Northern Ireland] engaged on relevant service shall be treated as if he were not a member of [F17 the Police Service of Northern Ireland] during that service; but, except where a pension, allowance or gratuity becomes payable to him by virtue of regulations under section 25—

(a) he shall be entitled at the end of the period of relevant service to revert to [F17 the Police Service of Northern Ireland] in the rank in which he was serving immediately before that period began; and

(b) he shall be treated as if he had been serving in [F17 the Police Service of Northern Ireland] during the period of relevant service for the purpose of any scale prescribed by or under regulations made under section 25 fixing his rate of pay by reference to his length of service.

(4) A member of [F17 the Police Service of Northern Ireland] may, when engaged on relevant service, be promoted in [F17 the Police Service of Northern Ireland], as if he were serving in it; and in any such case—

(a) the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted; and

(b) for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(5) A member of [F17 the Police Service of Northern Ireland] who—

(a) while engaged on relevant service within subsection (1)(a), is dismissed from that service or is required to resign as an alternative to dismissal; or

(b) has completed a period of relevant service within [F24 subsection (1)(aa), (c), (ca), (cb), (d), (e), (f), (h) or (j)]; or

(c) while engaged on relevant service within subsection (1)(g), is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the M7 Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with section 25(3) for anything done or omitted while he was engaged on that service as if that service had been service in [F17 the Police Service of Northern Ireland].

(6) For the purposes of subsection (5)(a), a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified if it is given by or on behalf of the chief officer of the police force in which that person was engaged in relevant service.

[F25 (6A) Regulations made by virtue of section 25(3) or (4) in relation to a member of the PSNI who has completed a period of relevant service within subsection (1)(d) may provide for a relevant procedure to be treated for the purposes of the regulations as carried out in accordance with procedures for which provision is made by regulations made by virtue of section 25(3).

(6B) In subsection (6A) “ relevant procedure ” means an investigation, hearing or other procedure carried out in relation to the person concerned in a country or territory outside the United Kingdom in connection with the person’s relevant service. ]

(7) A member of [F17 the Police Service of Northern Ireland] engaged on relevant service within subsection [F26 (1)(c), (ca) or (cb)]—

(a) shall continue to be a constable; and

(b) shall be treated for the purposes of sections F27 . . ., 32, 33, 35 and 67 of this Act [F28 and [F29 sections 31A and 32] of the Police (Northern Ireland) Act 2000] as if he were a member of [F17 the Police Service of Northern Ireland].

(8) The Secretary of State shall be liable in respect of [F30 any unlawful conduct of] a member of [F17 the Police Service of Northern Ireland] engaged on relevant service within subsection (1)(e) or (f) in the performance or purported performance of his functions in like manner as a master is liable in respect of [F30 any unlawful conduct of] his servants in the course of their employment, and shall [F30 , in the case of a tort,] be treated for all purposes as a joint tortfeasor.

[F31 (9) The preceding provisions of this section apply to a police officer serving in the Police Service of Northern Ireland Reserve as they apply to a police officer serving in the Police Service of Northern Ireland, but with the substitution—

(a) for references to the Police Service of Northern Ireland of references to the Police Service of Northern Ireland Reserve;

(b) for the references in subsection (3) to section 25 of references to section 26; and

(c) for the reference in subsection (5) to section 25(3) of a reference to section 26(3).]

Textual Amendments

F17 Words in s. 27 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(b); S.R. 2001/396, art. 2, Sch.

F18 S. 27(1)(aa) inserted (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 7 para. 22(1); S.I. 2004/913, art. 2(e)

F19 S. 27(1)(b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 114(2)(a), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ff)

F20 S. 27(1)(ca) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 34(2); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

F21 S. 27(1)(cb) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 114(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10

F22 Word in s. 27(1)(g) repealed (17.6.2002) by 2002 c. 1, s. 19(2), Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F23 S. 27(1)(j) and the word preceding it inserted (17.6.2002) by 2002 c. 1, s. 19(1), Sch. 3 para. 12(2) (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F24 Words in s. 27(5)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 114(3); S.I. 2006/378, art. 4(1), Sch. para. 10

F25 S. 27(6A)(6B) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 25

F26 Words in s. 27(7) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 114(4); S.I. 2006/378, art. 4(1), Sch. para. 10

F27 Words in s. 27(7)(b) omitted (4.11.2001) by virtue of 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(c); S.R. 2001/396, art. 2, Sch.

F28 Words in s. 27(7)(b) inserted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(c); S.R. 2001/396, art. 2, Sch.

F29 Words in s. 27(7)(b) substituted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 20(5)

F30 Words in s. 27(8) substituted (1.10.2002) by 2002 c. 30, s. 102(1)(2); S.I. 2002/2306, art. 2(f)(xi)

F31 S. 27(9) added (30.3.2001) by 2000 c. 32, s. 50; S.R. 2001/132, art. 2, Sch.

Marginal Citations

M3 1996 c. 16.

M4 1996 c. 16.

M5 1945 c. 17.

M6 1980 c. 63.

M7 1945 c. 17.

28 The [F32 Police Fund]. N.I.

(1) The Secretary of State may by regulations provide—

(a) for the establishment, maintenance and operation of the [F32 Police Fund]; and

(b) for the payment into that fund of—

(i) fines imposed on members of the police force in disciplinary proceedings; and

(ii) such other moneys as may be specified in the regulations.

(2) The Secretary of State shall consult both the [F33 Board] and the Police Association before making any regulations under this section.

Textual Amendments

F32 Words in s. 28(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(d); S.R. 2001/396, art. 2, Sch.

F33 Words in s. 28(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

29 Liability for wrongful acts of constables. N.I.

(1) The Chief Constable shall be liable in respect of [F34 any unlawful conduct of] members of the police force under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of [F34 any unlawful conduct of] his servants in the course of their employment, and accordingly shall [F34 , in the case of a tort,] be treated for all purposes as a joint tortfeasor.

(2) There shall be paid out of funds put at the disposal of the Chief Constable under [F35 section 10(5) of the Police (Northern Ireland) Act 2000]—

(a) any damages or costs awarded against the Chief Constable in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in those proceedings; and

(b) any sum required in connection with the settlement of any claim made against the Chief Constable by virtue of this section, if the settlement is approved by the [F36 Board].

(3) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay—

(a) any damages or costs awarded against a member of the police force in proceedings for [F37 any unlawful conduct of] that member;

(b) any costs incurred and not recovered by a member of the police force in such proceedings; and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings, if the settlement is approved by the [F36 Board].

(4) The Chief Constable may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in subsection (3).

(5) This section applies to persons serving with the [F38 the Police Service of Northern Ireland] by virtue of section 98 of the M8 Police Act 1996 or [F39 section 23 or 24 of the Serious Organised Crime and Police Act 2005] as it applies to members of the police force.

[F40 (6) This section shall have effect where an international joint investigation team has been formed under the leadership of a constable who is a member of the Police Service of Northern Ireland as if any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither—

(a) a constable, nor

(b) an employee of the Board,

were unlawful conduct of a constable under the direction and control of the Chief Constable.

(7) In this section “ international joint investigation team ” means any investigation team formed in accordance with—

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

(8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F34 Words in s. 29(1) substituted (1.10.2002) by 2002 c. 30, s. 102(1)(2); S.I. 2002/2306, art. 2(f)(xi)

F35 Words in s. 29(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(e); S.R. 2001/396, art. 2, Sch.

F36 Words in s. 29(2)(b)(3)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a); S.R. 2001/396, art. 2, Sch.

F37 Words in s. 29(3)(a) substituted (1.10.2002) by 2002 c. 30, s. 102(4); S.I. 2002/2306, art. 2(f)(xi)

F38 By 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(f) it is provided (4.11.2001) that words in s. 29(5) are substituted; S.R. 2001/396, art. 2, Sch.

F39 Words in s. 29(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 115; S.I. 2006/378, art. 4(1), Sch. para. 10

F40 S. 29(6)-(8) inserted (1.10.2002) by 2002 c. 30, s. 103(5); S.I. 2002/2306, art. 2(f)(xii)

Modifications etc. (not altering text)

C5 S. 29 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(i); S.R. 2001/132, art. 2, Sch.

Marginal Citations

M8 1996 c. 16.

30 Protection of members of the police force in executing warrants. N.I.

(1) No action shall be brought against a member of the police force in respect of any act done in execution of a warrant by reason of—

(a) any irregularity in the issuing of the warrant; or

(b) any lack of jurisdiction in the person who issued it.

(2) Where any such action is commenced, the judge may, on an application by the defendant supported by an affidavit of facts, order that the proceedings in such action be set aside with or without costs.

31 Property coming into the possession of the police. N.I.

(1) Where any property has come into the possession of the police in connection with their investigation of a suspected offence, a court of summary jurisdiction, on an application under this subsection, may—

(a) make an order for the delivery of the property to the person appearing to the court to be the owner of the property; or

(b) where the owner cannot be ascertained, make such order with respect to the property as the court thinks fit.

(2) An application under subsection (1) in relation to any property may be made—

(a) by a member of the police force; or

(b) by a person claiming an interest in the property.

(3) An order under subsection (1) does not affect the right of any person to take, within 6 months from the date of the order, legal proceedings against any person in possession of property delivered by virtue of the order for the recovery of the property; but, on the expiration of that period, the right shall cease.

(4) The Secretary of State may make regulations for the disposal of property which has come into the possession of the police (whether as mentioned in subsection (1) or otherwise), in cases where—

(a) the owner of the property has not been ascertained; and

(b) no order of a competent court has been made with respect to the property.

(5) Regulations under subsection (4) may—

(a) authorise the sale of property;

(b) authorise the application of any money which has come into the possession of the police as mentioned in that subsection and the proceeds of any such sale as is mentioned in paragraph (a)—

(i) to defray expenses incurred under the regulations;

(ii) to pay reasonable compensation to persons by whom property has been delivered to the police; and

(iii) for such other purposes as may be specified in or determined under the regulations;

(c) provide that where, in the case of property other than money—

(i) the property has remained in the possession of the police for at least a year;

(ii) the police would under the regulations have power to sell the property;

(iii) in the opinion of the [F41 Board], the property can be used for police purposes; and

(iv) [F42 the Board] determines, in such manner as may be prescribed by the regulations, that the property is to be retained by,

the [F41 Board] is to become the owner of the property on the making of the determination or at such later time as the regulations may specify;

(d) in relation to property which is in the possession of the police by virtue of Article 11 of the M9 Criminal Justice (Northern Ireland) Order 1994, make (subject to subsection (6)) provision for disposal (including disposal by vesting in the [F41 Board]) in cases where no application under subsection (1) by a claimant of the property has been made within 6 months from the date on which the order was made or no such application has succeeded;

(e) provide for the publication of determinations under paragraph (c)(iv).

(6) Regulations under subsection (4) may not provide for the vesting in the [F41 Board] of property in relation to which an order has been made under Article 12 of the M10 Criminal Justice (Northern Ireland) Order 1994.

(7) Except as provided by subsection (8), property shall not be sold unless it has remained in the possession of the police for at least a year.

(8) Property may be sold at any time if—

(a) the property is perishable; or

(b) custody of the property would involve unreasonable expense or inconvenience,

but the proceeds of sale shall not be disposed of unless they have remained in the possession of the police for at least a year.

(9) Where property is in the possession of the police by virtue of Article 11 of the M11 Criminal Justice (Northern Ireland) Order 1994—

(a) no application shall be made under subsection (1) by any claimant after the expiration of 6 months from the date on which the order in respect of the property was made under that Article;

(b) no such application shall succeed unless the claimant satisfies the court either—

(i) that he had not consented to the offender having possession of the property; or

(ii) where an order is made under paragraph (1)(a) of that Article, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that sub-paragraph.

Textual Amendments

F41 Words in s. 31 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(a)(g); S.R. 2001/396, art. 2, Sch.

F42 Words in s. 31(3)(c)(iv) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(2)(g); S.R. 2001/396, art. 2, Sch.

Modifications etc. (not altering text)

C6 S. 31 excluded (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 28(7)(b), 39(2); S.I. 2006/1013, art. 2(2)(b)

Marginal Citations

M9 1994 NI 15.

M10 1994 NI 15.

M11 1994 NI 15.

Part IV U.K. Police representative institutions

32 Police Association for Northern Ireland. N.I.

(1) There shall continue to be a Police Association for Northern Ireland for the purpose of representing members of the police force in all matters affecting their welfare and efficiency, except for—

(a) questions of promotion affecting individuals; and

(b) (subject to subsection (2)) questions of discipline affecting individuals.

(2) The Police Association may represent a member of the police force at any proceedings brought under regulations made in accordance with section 25(3) or 26(3) or on an appeal from any such proceedings.

(3) Except on such an appeal or as provided by regulations made as mentioned in subsection (2), a member of the police force may only be represented under subsection (2) by another member of the police force.

(4) The Police Association shall be entirely independent of, and subject to subsection (5) unassociated with, any body or person outside the police services of the United Kingdom, but may employ persons outside those services in an administrative or advisory capacity.

(5) The Secretary of State—

(a) may authorise the Police Association or a section thereof to be associated with a person or body outside the police services of the United Kingdom in such cases and manner, and subject to such conditions and restrictions, as he may specify; and

(b) may vary or withdraw an authorisation previously given;

and anything for the time being so authorised shall not be precluded by subsection (4).

Modifications etc. (not altering text)

C7 S. 32 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(ii); S.R. 2001/132, art. 2, Sch.

33 Regulations for Police Association. N.I.

(1) The Secretary of State may by regulations—

(a) prescribe the constitution and proceedings of the Police Association and of the sections thereof; or

(b) authorise any such section to make rules concerning such matters relating to its constitution and proceedings as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) with respect to the membership of the Police Association;

(b) with respect to the raising of funds by the Police Association by voluntary subscription and the use and management of funds derived from such subscriptions;

(c) with respect to the manner in which representations may be made by the Police Association, or any section thereof, to the [F43 Board], the Chief Constable or the Secretary of State;

(d) for the payment by the Secretary of State of expenses incurred in connection with the Police Association;

(e) for modifying any regulations under section 25 or 26 in relation to any member of the police force who is the secretary or an officer of the Police Association and for requiring the Police Association to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

(3) Before making any regulations under this section the Secretary of State shall consult the Police Association.

Textual Amendments

F43 Words in s. 33(2)(c) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(3); S.R. 2001/396, art. 2, Sch.

34 The Police Negotiating Board for the United Kingdom. U.K.

(1) In section 62(1) of the M12 Police Act 1996 (Secretary of State to take into account recommendations made by the Police Negotiating Board for the United Kingdom before making regulations with respect to hours of duty, leave, pay and allowances or the issue, use and return of police clothing, personal equipment and accoutrements and to supply the Board with a draft of the regulations) for paragraph (c) there shall be substituted—

“(c) regulations under section 25 of the Police (Northern Ireland) Act 1998;”.

(2) In section 62(3) of the M13 Police Act 1996 (no regulations relating to pensions to be made except after consultation with the Police Negotiating Board for the United Kingdom) for the words “section 10(4) or 25 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 25 of the Police (Northern Ireland) Act 1998 ”.

Marginal Citations

M12 1996 c. 16.

M13 1996 c. 16.

35 Membership of trade unions. N.I.

(1) Subject to the following provisions of this section, a member of the police force shall not be a member of any trade union, or of any association having for its objects, or one of its objects, to control or influence the pay, pensions or conditions of service of any police force.

(2) Where a person was a member of a trade union before becoming a member of the police force he may, with the consent of the Chief Constable, continue to be a member of that union during the time of his service in the police force.

(3) In this section “trade union” has the meaning assigned to it by Article 3(1) of the M14 Industrial Relations (Northern Ireland) Order 1992; and if any question arises whether any body is a trade union or an association to which this section applies, the question shall be determined by the Certification Officer for Northern Ireland.

(4) Nothing in this section applies to membership of the Police Association or of any body recognised by the Secretary of State for the purposes of this section as representing members of the police force who are not members of the Police Association.

Modifications etc. (not altering text)

C8 S. 35 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(iii); S.R. 2001/132, art. 2, Sch.

C9 S. 35 applied (with modifications) (8.9.2003) by The Police (Northern Ireland) Act 1998 (Modification) Order 2003 (S.R. 2003/376), arts. 1(1), 3

Marginal Citations

M14 1992 NI 5.

Part V N.I. Functions of Secretary of State

F44 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F44 S. 36 repealed (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 8; S. R. 2001/396, art. 2, Sch.

F45 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F45 S. 37 repealed (4.11.2001) by 2000 c. 32, s. 78(1)(4), Sch. 6 para. 23(4)(a), Sch. 8; S.R. 2001/396, art. 2, Sch.

F46 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F46 S. 38 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F47 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F47 S. 39 repealed (4.11.2001) by 2000 c. 32, s. 78(1)(4), Sch. 6 para. 23(4)(a), Sch. 8; S.R. 2001/396, art. 2, Sch.

40 Power to require use by police of specified facilities, equipment or services. N.I.

(1) The Secretary of State may by regulations make provision for requiring the police force to use specified facilities, equipment or services, or facilities, equipment or services of a specified description, if he considers that it would be in the interests of the efficiency or effectiveness of the police force for it to do so.

(2) Before making any regulations under this section, the Secretary of State shall consult—

(a) the [F48 Board];

(b) the Chief Constable; and

(c) the Police Association.

(3) Before making any regulations under this section relating to information technology, the Secretary of State shall consult the Police Information Technology Organisation.

(4) In subsection (3) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.

Textual Amendments

F48 Word in s. 40(2)(a) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(b); S.R. 2001/396, art. 2, Sch.

Commencement Information

I5 S. 40 partly in force; s. 40 not in force at Royal Assent see s. 75(1); s. 40(1)(2) in force at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

41 Appointment of inspectors of constabulary. N.I.

(1) The Secretary of State may appoint from among Her Majesty’s Inspectors of Constabulary appointed under section 54 of the M15 Police Act 1996 such number of inspectors of constabulary for Northern Ireland as he may determine.

(2) The inspectors shall at least once in every year inspect and report to the Secretary of State on the efficiency and effectiveness of [F49 —

(a) the Police Service of Northern Ireland;

(b) the Police Service of Northern Ireland Reserve;

(c) the police support staff; and

(d) traffic wardens.]

[F50 [F51 (3A) The Secretary of State may at any time require the inspectors to carry out an inspection under this section of the Police Service of Northern Ireland; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the Service, to particular matters or to particular activities of the Service.]

(3B) Where the inspectors carry out an inspection under subsection (3A), they shall send a report on that inspection to the Secretary of State.]

[F52 (4) The inspectors shall—

(a) if the Secretary of State so directs, carry out an inspection of the Board’s compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000;

(b) carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the Secretary of State may from time to time direct;

(c) make such reports as the Secretary of State may from time to time direct.]

(5) Any expenditure incurred for the purposes of or in connection with an inspection under this section shall be defrayed by the Secretary of State.

Textual Amendments

F49 S. 41(2)(a)-(d) and “-” immediately preceding them substituted (4.11.2001) by 2000 c. 32, ss. 8(1), Sch. 6 para. 23(4)(c); S.R. 2001/396, art. 2, Sch.

F50 S. 41(3A)(3B) inserted (1.10.2002) by 2002 c. 30, s. 3(2); S.I. 2002/2306, art. 2(a)

F51 S. 41(3A) substituted for s. 41(3)(3A) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 116; S.I. 2006/378, art. 4(1), Sch. para. 10

F52 S. 41(4) substituted (28.2.2003) by Police (Northern Ireland) Act 2000 (c. 32), ss. 30(9), 79(1); S.R. 2003/66, art. 3

Modifications etc. (not altering text)

C10 S. 41 power to apply conferred (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 27(2)(a)(ii), 53(1); S.I. 2005/1126, art. 2(1)

Marginal Citations

M15 1996 c. 16.

42 Publication of reports of inspectors of constabulary. N.I.

(1) Subject to subsection (2), the Secretary of State shall arrange for any report received by him under section 41(2) F53 ... [F54 and any report of an inspection under section 41(4)(a)] to be published in such manner as appears to him to be appropriate.

(2) The Secretary of State may exclude from publication under subsection (1) any part of a report if, in his opinion, the publication of that part—

(a) would be against the interests of national security or prejudicial to public order; or

(b) might jeopardise the safety of any person.

(3) The Secretary of State shall send a copy of the published report to—

(a) the [F55 Board]; and

(b) the Chief Constable.

(4) The [F55 Board] shall invite the Chief Constable to submit comments on the published report to [F56 the Board] before such date as it may specify.

(5) The [F55 Board]shall prepare comments on the published report and shall arrange for—

(a) its comments;

(b) any comments submitted by the Chief Constable in accordance with subsection (4); and

(c) any response which [F56 the Board] has to the comments submitted by the Chief Constable,

to be published in such manner as appears to [F56 the Board] to be appropriate.

(6) The [F55 Board] shall send a copy of any document published under subsection (5) to the Secretary of State.

F57 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 Word in s. 42(1) omitted (1.4.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 117(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ff)

F54 Words in s. 42(1) inserted (28.2.2003) by Police (Northern Ireland) Act 2000 (c. 32), ss. 30(10), 79(1); S.R. 2003/66, art. 3

F55 Words in s. 42(3)(a)(4)-(7) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(b); S.R. 2001/396, art. 2, Sch.

F56 Words in s. 42(4)(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(e); S.R. 2001/396, art. 2, Sch.

F57 S. 42(7) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 117(3), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ff)

Modifications etc. (not altering text)

C11 S. 42 power to apply conferred (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 27(2)(a)(iii), 53(1); S.I. 2005/1126, art. 2(1)

43 Criminal statistics. N.I.

(1) The Chief Constable shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars with respect to offences, offenders, criminal proceedings and the state of crime in Northern Ireland as the Secretary of State may require.

(2) The Secretary of State shall cause an abstract of the information transmitted to him under this section to be prepared and published in such manner as he thinks appropriate.

F58 44 Inquiries. N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 S. 44 omitted (7.6.2005) by virtue of Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 17, 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

45 Research and advice. N.I.

(1) The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency and effectiveness of [F59 —

(a) the Police Service of Northern Ireland;

(b) the Police Service of Northern Ireland Reserve;

(c) the police support staff; and

(d) traffic wardens].

(2) The Secretary of State may set up such bodies as appear to him to be necessary or expedient for the purpose of advising him on matters affecting the efficiency and effectiveness of [F59 —

(a) the Police Service of Northern Ireland;

(b) the Police Service of Northern Ireland Reserve;

(c) the police support staff; and

(d) traffic wardens.]

Textual Amendments

F59 S. 45(1)(a)-(d)(2)(a)-(d) and “-” immediately preceding them substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(c); S.R. 2001/396, art. 2, Sch.

46 Expenditure by Secretary of State for police purposes. N.I.

The Secretary of State may—

(a) make such contribution to the provision or maintenance of such organisations, facilities and services; and

(b) make such other payments,

as he thinks necessary or expedient for promoting the efficiency and effectiveness of [F60 —

(a) the Police Service of Northern Ireland;

(b) the Police Service of Northern Ireland Reserve;

(c) the police support staff; and

(d) traffic wardens.]

Textual Amendments

F60 S. 46(a)-(d) and “-” immediately preceding them substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(c); S.R. 2001/396, art. 2, Sch.

F61 Part VI N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 Pt. VI (ss. 47-49) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

Part VII N.I. Police complaints and disciplinary proceedings

50 Interpretation of this Part. N.I.

(1) In this Part—

• “the appropriate disciplinary authority” means—

(a) in relation to a senior officer, the [F62 Board]; and

(b) in relation to any other member of the police force, the Chief Constable;

• “complaint” shall be construed in accordance with section 52(8);

• “complainant” means the person by, or on behalf of whom, a complaint is made;

• [F63 “ the Director ” means the Director of Public Prosecutions for Northern Ireland; ]

• “disciplinary proceedings” means—

(a) in relation to a member of the [F64 Police Service of Northern Ireland], proceedings identified as such by regulations under section 25;

(b) in relation to a reserve constable, proceedings identified as such by regulations under section 26;

• “officer of the Ombudsman” means—

(a) a person employed by the Ombudsman under paragraph 3(1) of Schedule 3;

(b) a person providing assistance to the Ombudsman in pursuance of arrangements made under paragraph 3(2) of Schedule 3;

(c) a member of the police force on temporary service with the Ombudsman in accordance with arrangements under paragraph 5 of Schedule 3;

(d) a member of the police force providing assistance to the Ombudsman under paragraph 6 of Schedule 3;

(e) a member of a police force in Great Britain on temporary service with the Ombudsman in accordance with arrangements under paragraph 8 of Schedule 3;

• “the Ombudsman” means the Police Ombudsman for Northern Ireland;

• “police officer” means a member of—

(a) the police force; or

(b) a police force in Great Britain;

• “prescribed” means prescribed by regulations under section 64;

• “serious complaint” means a complaint—

(a) alleging that the conduct complained of resulted in the death of, or serious injury to, some person; or

(b) of such other description as may be prescribed;

• “serious injury” means a fracture, damage to an internal organ or impairment of bodily function.

(2) Where a complaint is made orally, references in this Part to a complaint being referred to a body or person shall be read as references to particulars of the complaint being so referred.

Textual Amendments

F62 Words in s. 50 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F63 Definition in s. 50(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(2), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5

F64 Words in s. 50(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(b); S.R. 2001/396, art. 2, Sch.

51 The Police Ombudsman for Northern Ireland. N.I.

(1) For the purposes of this Part there shall be a Police Ombudsman for Northern Ireland.

(2) The person for the time being holding the office of Police Ombudsman for Northern Ireland shall by that name be a corporation sole.

(3) Schedule 3 shall have effect in relation to the Police Ombudsman for Northern Ireland (in this Part referred to as “the Ombudsman”).

(4) The Ombudsman shall exercise his powers under this Part in such manner and to such extent as appears to him to be best calculated to secure—

(a) the efficiency, effectiveness and independence of the police complaints system; and

(b) the confidence of the public and of members of the police force in that system.

(5) The Independent Commission for Police Complaints for Northern Ireland is hereby abolished.

52 Complaints – receipt and initial classification of complaints. N.I.

(1) For the purposes of this Part, all complaints about the police force shall either—

(a) be made to the Ombudsman; or

(b) if made to a member of the police force, the [F65 Board][F66 , the Director] or the Secretary of State, be referred immediately to the Ombudsman.

(2) Where a complaint—

(a) is made to the Chief Constable; and

(b) appears to the Chief Constable to be a complaint to which subsection (4) applies,

the Chief Constable shall take such steps as appear to him to be desirable for the purpose of preserving evidence relating to the conduct complained of.

(3) The Ombudsman shall—

(a) record and consider each complaint made or referred to him under subsection (1); and

(b) determine whether it is a complaint to which subsection (4) applies.

(4) Subject to subsection (5), this subsection applies to a complaint about the conduct of a member of the police force which is made by, or on behalf of, a member of the public.

(5) Subsection (4) does not apply to a complaint in so far as it relates to the direction and control of the police force by the Chief Constable.

(6) Where the Ombudsman determines that a complaint made or referred to him under paragraph (1) is not a complaint to which subsection (4) applies, he shall refer the complaint to the Chief Constable, the [F65 Board][F67 , the Director] or the Secretary of State as he thinks fit and shall notify the complainant accordingly.

(7) A complaint referred under subsection (6) shall be dealt with according to the discretion of the Chief Constable, the [F65 Board][F67 , the Director] or the Secretary of State (as the case may be).

(8) Subject to subsection (9), where the Ombudsman determines that a complaint made or referred to him under subsection (1) is a complaint to which subsection (4) applies, the complaint shall be dealt with in accordance with the following provisions of this Part; and accordingly references in those provisions to a complaint shall be construed as references to a complaint in relation to which the Ombudsman has made such a determination.

(9) If any conduct to which a complaint wholly or partly relates is or has been the subject of disciplinary or criminal proceedings, none of the following provisions of this Part shall have effect in relation to the complaint in so far as it relates to that conduct.

(10) In the case of a complaint made otherwise than as mentioned in subsection (2)(a), the Chief Constable shall, if so requested by the Ombudsman, take such steps as appear to the Chief Constable to be desirable for the purpose of preserving evidence relating to the conduct complained of.

Textual Amendments

F65 Word in s. 52 substituted (4.11.2001) by 2000 c. 32 , s. 78(1) , Sch. 6 para. 23(5)(a) ; S.R. 2001/396 , art. 2 , Sch.

F66 Words in s. 52(1)(b) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26) , ss. 34(3) , 87(1) ; S.R. 2005/281 , art. 2(1) , Sch. 1 para. 5

F67 Words in s. 52(6) (7) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26) , ss. 34(3) , 87(1) ; S.R. 2005/281 , art. 2(1) , Sch. 1 para. 5

53 Complaints – informal resolution. N.I.

(1) The Ombudsman shall consider whether the complaint is suitable for informal resolution and may for that purpose make such investigations as he thinks fit.

(2) A complaint is not suitable for informal resolution unless—

(a) the complainant gives his consent; and

(b) it is not a serious complaint.

(3) If it appears to the Ombudsman that the complaint is suitable for informal resolution, he shall refer the complaint to the appropriate disciplinary authority.

(4) Where a complaint is referred under subsection (3), the appropriate disciplinary authority shall seek to resolve it informally and may appoint a member of the police force to do so on behalf of the authority.

(5) The Chief Constable shall, at the request of the [F68 Board], provide a member of the police force to be appointed by the [F68 Board] under subsection (4).

(6) If, after attempts have been made to resolve a complaint informally, it appears to the appropriate disciplinary authority—

(a) that informal resolution of the complaint is impossible; or

(b) that the complaint is for any other reason not suitable for informal resolution,

the appropriate disciplinary authority shall notify the Ombudsman accordingly and refer the complaint to him.

(7) Subject to subsection (8), no statement made by any person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.

(8) A statement is not rendered inadmissible by subsection (7) if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.

Textual Amendments

F68 Words in s. 53(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

54 Complaints – formal investigation. N.I.

(1) If—

(a) it appears to the Ombudsman that a complaint is not suitable for informal resolution; or

(b) a complaint is referred to the Ombudsman under section 53(6),

the complaint shall be formally investigated as provided in subsection (2) or (3).

(2) Where the complaint is a serious complaint, the Ombudsman shall formally investigate it in accordance with section 56.

(3) In the case of any other complaint, the Ombudsman may as he thinks fit—

(a) formally investigate the complaint in accordance with section 56; or

(b) refer the complaint to the Chief Constable for formal investigation by a police officer in accordance with section 57.

55 Consideration of other matters by the Ombudsman. N.I.

(1) The [F69 Board] F70 ... or the Secretary of State may refer to the Ombudsman any matter which—

(a) appears to [F71 the Board] F70 ... or the Secretary of State to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if, after consultation with the Ombudsman and the Chief Constable, it appears to [F71 the Board] F70 ... or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.

(2) The Chief Constable shall refer to the Ombudsman any matter which appears to the Chief Constable to indicate that conduct of a member of the police force may have resulted in the death of some other person.

(3) Where any matter is referred to the Ombudsman under subsection (1) or (2), he shall formally investigate the matter in accordance with section 56.

(4) The Chief Constable may refer to the Ombudsman any matter which—

(a) appears to the Chief Constable to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if it appears to the Chief Constable that it is desirable in the public interest that the Ombudsman should investigate the matter.

[F72 (4A) The Director shall refer to the Ombudsman any matter which—

(a) appears to the Director to indicate that a police officer—

(i) may have committed a criminal offence; or

(ii) may, in the course of a criminal investigation, have behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

unless it appears to the Director that the Ombudsman is already aware of the matter.

(4B) In subsection (4A) “ criminal investigation ” has the same meaning as in Part 2 of the Criminal Procedure and Investigations Act 1996 (c. 25). ]

(5) Where any matter is referred to the Ombudsman under subsection (4)[F73 , or (4A)], he shall formally investigate the matter in accordance with section 56 if it appears to him that it is desirable in the public interest that he should do so.

(6) The Ombudsman may of his own motion formally investigate in accordance with section 56 any matter which—

(a) appears to the Ombudsman to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if it appears to the Ombudsman that it is desirable in the public interest that he should do so.

(7) The Ombudsman shall notify—

(a) the [F69 Board] F74 ... or the Secretary of State, in the case of a matter referred under subsection (1);

(b) the Chief Constable, in the case of a matter referred under subsection (2) or (4),

of the outcome of any criminal or disciplinary proceedings brought against a member of the police force in respect of, or in connection with, the matter so referred.

Textual Amendments

F69 Words in s. 55 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F70 Words in s. 55(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5 omitted (13.6.2005) by virtue of Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(2), 19(1), Sch. 4; S.R. 2005/282, art. 2

F71 Words in s. 55(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(c); S.R. 2001/396, art. 2, Sch.

F72 S. 55(4A)(4B) inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(3), 19(1); S.R. 2005/282, art. 2

F73 Words in s. 55(5) inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(4), 19(1); S.R. 2005/282, art. 2

F74 Words in s. 55(7) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5 and omitted (13.6.2005) by virtue of Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(5), 19(1), Sch. 4; S.R. 2005/282, art. 2

56 Formal investigation by the Ombudsman. N.I.

(1) Where a complaint or matter is to be formally investigated by the Ombudsman under section 54(2) or (3)(a) or 55(3), (5) or (6), he shall appoint an officer of the Ombudsman to conduct the investigation.

(2) The Secretary of State may by order provide that any provision of the M16 Police and Criminal Evidence (Northern Ireland) Order 1989 which relates to investigation of offences conducted by police officers (within the meaning of that Order) shall apply, subject to such modifications as the order may specify, to investigations under this section conducted by persons who are not police officers (within the meaning of that Order).

(3) A person employed by the Ombudsman under paragraph 3(1) of Schedule 3 shall for the purpose of conducting, or assisting in the conduct of, an investigation under this section have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of [F75 section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.

(4) Section 66 applies to a person to whom subsection (3) applies as it applies to a constable.

(5) A person to whom subsection (3) applies shall not be regarded as in police service for the purposes of—

(a) Article 145 of the M17 Trade Union and Labour Relations (Northern Ireland) Order 1995; or

(b) Article 243 of the M18 Employment Rights (Northern Ireland) Order 1996.

(6) At the end of an investigation under this section the person appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.

Textual Amendments

F75 Words in s. 56(3) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(d); S.R. 2001/396, art. 2, Sch.

Marginal Citations

M16 1989 NI 12.

M17 1995 NI 12.

M18 1996 NI 16.

57 Formal investigation by a police officer. N.I.

(1) Where a complaint is referred to the Chief Constable under section 54(3)(b), he shall appoint a police officer to investigate it formally on behalf of the Ombudsman.

(2) A member of the police force may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under section 53(4).

(3) The Ombudsman may require—

(a) that no appointment of a person to conduct an investigation under this section shall be made unless the Ombudsman has given notice to the Chief Constable that he approves the person whom the Chief Constable proposes to appoint; or

(b) if such an appointment has already been made and the Ombudsman is not satisfied with the person appointed, that—

(i) the Chief Constable shall, as soon as is reasonably practicable, select another police officer and notify the Ombudsman that he proposes to appoint that person; and

(ii) the appointment shall not be made unless the Ombudsman gives notice to the Chief Constable that he approves that person.

(4) The Ombudsman may supervise the investigation of any complaint under this section if he considers that it is desirable in the public interest for him to do so.

(5) Where the Ombudsman decides to supervise an investigation under this section he shall notify the Chief Constable to that effect.

(6) A member of a police force in Great Britain who is appointed to conduct an investigation under this section shall, for the purpose of conducting that investigation, have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of [F76 section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.

(7) The Ombudsman may impose requirements as to the conduct of an investigation which the Ombudsman is supervising; and it shall be the duty of a police officer to comply with any requirement imposed on him by virtue of this subsection.

(8) At the end of an investigation under this section the police officer appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.

Textual Amendments

F76 Words in s. 57(6) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(d); S.R. 2001/396, art. 2, Sch.

58 Steps to be taken after investigation – criminal proceedings. N.I.

(1) The Ombudsman shall consider any report made under section 56(6) or 57(8) and determine whether the report indicates that a criminal offence may have been committed by a member of the police force.

(2) If the Ombudsman determines that the report indicates that a criminal offence may have been committed by a member of the police force, he shall send a copy of the report to the Director together with such recommendations as appear to the Ombudsman to be appropriate.

(3) Where a report is sent to the Director under subsection (2), the Ombudsman shall, at the request of the Director, ascertain and furnish to the Director all such further information in relation to the complaint or matter dealt with in the report as appears to the Director to be necessary for the discharge of his functions F77 ...

F78 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Words in s. 58(3) repealed (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2005/281, art. 2(1), Sch. 1 para. 14(e)

F78 S. 58(4) repealed (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2005/281, art. 2(1), Sch. 1 para. 14(e)

[F79 58A Steps to be taken after investigation – mediation. N.I.

(1) If the Ombudsman—

(a) determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and

(b) considers that the complaint is not a serious one,

he may determine that the complaint is suitable for resolution through mediation.

(2) If he does so, he must inform the complainant and the member of the police force concerned.

(3) If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator.

(4) Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings.

(5) But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation.

(6) If a complaint is resolved through mediation under this section, no further proceedings under this Act shall be taken against the member of the police force concerned in respect of the subject matter of the complaint.]

Textual Amendments

F79 S. 58A inserted (22.12.2000) by 2000 c. 32, s. 62(1); S.R. 2000/412, art. 2, Sch.

59 Steps to be taken after investigation – disciplinary proceedings. N.I.

[F80 (1) Subsection (1B) applies if—

(a) the Director decides not to initiate criminal proceedings in relation to the subject matter of a report under section 56(6) or 57(8) sent to him under section 58(2); or

(b) criminal proceedings initiated by the Director in relation to the subject matter of such a report have been concluded.

F80 ( 1A ) Subsection (1B) also applies if the Ombudsman determines that a report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force and—

(a) he determines that the complaint is not suitable for resolution through mediation under section 58A; or

(b) he determines that the complaint is suitable for resolution through mediation under that section but—

(i) the complainant or the member of the police force concerned does not agree to attempt to resolve it in that way; or

(ii) attempts to resolve the complaint in that way have been unsuccessful.

F80 ( 1B ) The Ombudsman shall consider the question of disciplinary proceedings.]

(2) The Ombudsman shall send the appropriate disciplinary authority a memorandum containing—

(a) his recommendation as to whether or not disciplinary proceedings should be brought in respect of the conduct which is the subject of the investigation;

(b) a written statement of his reasons for making that recommendation; and

(c) where he recommends that disciplinary proceedings should be brought, such particulars in relation to the disciplinary proceedings which he recommends as he thinks appropriate.

[F81 (2A) In a case mentioned in subsection (1A)(b), the Ombudsman shall, in considering the recommendation to be made in his memorandum, take into account the conduct of the member of the police force concerned in relation to the proposed resolution of the complaint through mediation.]

(3) No disciplinary proceedings shall be brought by the appropriate disciplinary authority before it receives the memorandum of the Ombudsman under subsection (2).

(4) The [F82 Board] shall advise the Ombudsman of what action it has taken in response to a recommendation contained in a memorandum sent to it under subsection (2); and nothing in the following provisions of this section has effect in relation to senior officers.

(5) If—

(a) a memorandum sent to the Chief Constable under subsection (2) contains a recommendation that disciplinary proceedings should be brought; but

(b) the Chief Constable is unwilling to bring such disciplinary proceedings,

the Ombudsman may, after consultation with the Chief Constable, direct him to bring disciplinary proceedings.

(6) Subject to subsection (7)—

(a) it shall be the duty of the Chief Constable to comply with a direction under subsection (5);

(b) the Chief Constable may not discontinue disciplinary proceedings which he has brought in accordance with—

(i) a recommendation contained in a memorandum under subsection (2); or

(ii) a direction under subsection (5).

(7) The Ombudsman may give the Chief Constable leave—

(a) not to bring disciplinary proceedings which subsection (6)(a) would otherwise oblige him to bring; or

(b) to discontinue disciplinary proceedings with which subsection (6)(b) would otherwise require him to proceed.

(8) Regulations made in accordance with section 25(3) or 26(3) may establish, or make provision for the establishment of, a special procedure for any case in which disciplinary proceedings are brought—

(a) where a memorandum under subsection (2) recommending the bringing of those proceedings contains a statement to the effect that, by reason of exceptional circumstances affecting the case, the Ombudsman considers that such special procedures are appropriate; or

(b) in compliance with a direction under subsection (5).

(9) The Chief Constable shall advise the Ombudsman of what action he has taken in response to—

(a) a recommendation contained in a memorandum under subsection (2);

(b) a direction under subsection (5).

Textual Amendments

F80 S. 59(1)(1A)(1B) substituted (22.12.2000) for s. 59(1) by 2000 c. 32, s. 62(2); S.R. 2000/412, art. 2, Sch.

F81 S. 59(2A) inserted (22.12.2000) by 2000 c. 32, s. 62(3); S.R. 2000/412, art. 2, Sch.

F82 Words in s. 59(4) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

60 Constabularies not maintained by [F83 Board]. N.I.

(1) An agreement for the establishment in relation to any body of constables maintained by an authority other than the [F83 Board] of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the authority maintaining the body of constables.

(2) Where no such procedures are in force in relation to any body of constables, the Secretary of State may by order establish such procedures.

(3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4) Before making an order under this section the Secretary of State shall consult—

(a) the Ombudsman; and

(b) the authority maintaining the body of constables to whom the order would relate.

(5) Nothing in any other statutory provision shall prevent an authority which maintains a body of constables from carrying into effect procedures established by virtue of this section.

(6) No such procedures shall have effect in relation to anything done by a constable outside Northern Ireland.

Textual Amendments

F83 Words in s. 60 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

[F84 60ZA Serious Organised Crime Agency N.I.

(1) An agreement for the establishment in relation to members of the staff of the Serious Organised Crime Agency of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the Agency.

(2) Where no such procedures are in force in relation to the Agency, the Secretary of State may by order establish such procedures.

(3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4) Before making an order under this section the Secretary of State shall consult—

(a) the Ombudsman; and

(b) the Agency.

(5) Nothing in any other statutory provision shall prevent the Agency from carrying into effect procedures established by virtue of this section.

(6) No such procedures shall have effect in relation to anything done by a member of the staff of the Agency outside Northern Ireland.]

Textual Amendments

F84 S. 60ZA inserted (1.3.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55(2)(a), 178(8); S.I. 2006/378, art. 3(1)(2)(d)

[F85 60A Investigations into current police practices and policies N.I.

(1) The Ombudsman may investigate a current practice or policy of the police if—

(a) the practice or policy comes to his attention under this Part, and

(b) he has reason to believe that it would be in the public interest to investigate the practice or policy.

(2) But subsection (1) does not authorise the Ombudsman to investigate a practice or policy to the extent that the practice or policy is concerned with conduct of a kind mentioned in section 65(5) of the Regulation of Investigatory Powers Act 2000 (conduct which may be within jurisdiction of tribunal established under section 65 of that Act).

(3) If the Ombudsman decides to conduct an investigation under this section he shall immediately inform the Chief Constable, the Board and the Secretary of State of—

(a) his decision to conduct the investigation,

(b) his reasons for making that decision, and

(c) the practice or policy into which the investigation is to be conducted.

(4) When an investigation under this section has been completed the Ombudsman shall report on it to the Chief Constable and the Board.

(5) The Ombudsman shall send a copy of his report to the Secretary of State, if the investigation relates wholly or in part to—

(a) a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision, or

(b) an excepted matter (within the meaning given by section 4 of the Northern Ireland Act 1998).]

Textual Amendments

F85 S. 60A inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 13(1)

61 Reports. N.I.

(1) The Ombudsman shall, at the request of the Secretary of State, report to the Secretary of State on such matters relating generally to the functions of the Ombudsman as the Secretary of State may specify, and the Ombudsman may for that purpose carry out research into any such matters.

(2) The Ombudsman may make a report to the Secretary of State on any matters coming to the Ombudsman’s attention under this Part to which the Ombudsman considers that the Secretary of State’s attention should be drawn in the public interest.

(3) The Ombudsman shall, not later than 3 months after the end of each financial year, make to the Secretary of State a report on the discharge of the Ombudsman’s functions during that year.

(4) The Ombudsman shall—

(a) keep under review the working of this Part; and

(b) at least once every five years, make a report on it to the Secretary of State.

(5) The Ombudsman shall send a copy of any report under this section to—

(a) the [F86 Board] and the Chief Constable; and

(b) if the report concerns any such body of constables as is mentioned in section 60, to the authority maintaining it and the officer having the direction and control of it[F87 ; and

(c) if the report concerns the Serious Organised Crime Agency, to the Agency.]

(6) The Secretary of State shall—

(a) lay before both Houses of Parliament a copy of every report received by him under this section; and

(b) cause every such report to be published.

[F88 (7) The Ombudsman shall send to the [F86 Board] any statistical or other general information which the Ombudsman considers should be brought to the attention of the [F86 Board] in connection with its functions under section 2(4)(a).]

Textual Amendments

F86 Words in s. 61 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F87 S. 61(5)(c) and word inserted (1.3.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55(2)(b), 178(8); S.I. 2006/378, art. 3(1)(2)(d)

F88 S. 61(7) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

F89 61A Reports to Chief Constable and Board. N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 S. 61A repealed (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 13(2), Sch. 4

[F90 61AA Supply of information by Ombudsman to Board. N.I.

(1) The Ombudsman shall compile, and supply the Board with, such statistical information as is required to enable the Board to carry out its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.

(2) The Ombudsman shall consult the Board as to—

(a) the information to be supplied under subsection (1); and

(b) the form in which such information is to be supplied.

(3) The Ombudsman shall supply the Board with any other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.]

Textual Amendments

F90 S. 61AA inserted (4.11.2001) by 2000 c. 32, s. 64; S.R. 2001/396, art. 2, Sch.

62 Statements by Ombudsman about exercise of his functions. N.I.

The Ombudsman may, in relation to any exercise of his functions under this Part, publish a statement as to his actions, his decisions and determinations and the reasons for his decisions and determinations.

63 Restriction on disclosure of information. N.I.

(1) No information received by a person to whom this subsection applies in connection with any of the functions of the Ombudsman under this Part shall be disclosed by any person who is or has been a person to whom this subsection applies except—

(a) to a person to whom this subsection applies;

(b) to the Secretary of State;

(c) to other persons in or in connection with the exercise of any function of the Ombudsman;

(d) for the purposes of any criminal, civil or disciplinary proceedings; or

(e) in the form of a summary or other general statement made by the Ombudsman which—

(i) does not identify the person from whom the information was received; and

(ii) does not, except to such extent as the Ombudsman thinks necessary in the public interest, identify any person to whom the information relates.

(2) Subsection (1) applies to—

(a) the Ombudsman; and

(b) an officer of the Ombudsman.

[F91 (2A) Subsection (1) does not prevent the Ombudsman, to such extent as he thinks it necessary to do so in the public interest, from disclosing in a [F92 report of an investigation under section 60A]—

(a) the identity of an individual, or

(b) information from which the identity of an individual may be established.]

(3) Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F91 S. 63(2A) inserted (4.11.2001) by 2000 c. 32, s. 63(2); S.R. 2001/396, art. 2, Sch.

F92 Words in s. 63(2A) substituted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 13(3)

Modifications etc. (not altering text)

C12 S. 63(1): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 43

64 Regulations. N.I.

(1) The Secretary of State may make regulations—

(a) as to the procedure to be followed under this Part; and

(b) for prescribing anything authorised or required to be prescribed by any provision in this Part.

(2) The Secretary of State shall by regulations provide—

(a) that, subject to such exceptions and in accordance with such procedures as may be prescribed, the Ombudsman shall furnish a copy of, or of the record of, a complaint against a member of the police force to—

(i) that member;

(ii) the complainant; and

(iii) the appropriate disciplinary authority;

(b) procedures for the informal resolution [F93 or mediation]of complaints of such descriptions as may be prescribed, and for giving the complainant a record of the outcome of any such procedure;

(c) procedures for giving a member of the police force, whose conduct is the subject of a complaint which falls to be resolved informally [F94 or through mediation], an opportunity to comment orally or in writing on the complaint;

(d) for cases in which any provision of this Part is not to apply where—

(i) a complaint, other than a complaint which falls to be resolved informally [F95 or through mediation], is withdrawn;

(ii) the complainant indicates that he does not wish any further steps to be taken; or

(iii) the complainant fails to indicate, in response to a request from the Ombudsman to do so, whether he wishes any further steps to be taken;

(e) for enabling the Ombudsman to dispense with any requirement of this Part;

(f) for enabling the Ombudsman to relinquish the supervision of the investigation of any complaint under section 57;

(g) procedures for an investigation begun under section 56 or section 57 to be continued, where the Ombudsman so directs, as if it had originally been begun under the other of those sections;

(h) procedures for the making of complaints and the reference of complaints and other matters under this Part;

(i) that the Ombudsman shall be supplied with such information or documents of such description as may be prescribed at such time or in such circumstances as may be prescribed;

(j) that any action, determination or decision of a prescribed description taken by the Ombudsman shall be notified to prescribed persons within a prescribed time and that, in connection with such a notification, the Ombudsman shall have power to supply the person notified with any relevant information;

(k) for authorising or requiring the Ombudsman to provide to the appropriate disciplinary authority information relevant to the exercise by that authority of any power of suspension under regulations made by virtue of section 25(2)(f) or 26(2)(e).

(l) that the Chief Constable shall have power to delegate any functions conferred on him by or by virtue of this Part;

(m) for enabling the Ombudsman to pay to a complainant—

(i) sums in respect of expenses incurred by him; and

(ii) allowances by way of compensation for the loss of his time,

in accordance with such scales and subject to such conditions as may be prescribed;

(n) for enabling the Ombudsman, in such cases as may be prescribed, to make a recommendation to the Chief Constable for the payment by the Chief Constable to the complainant of compensation of such amount as the Ombudsman considers appropriate (but not exceeding such amount as may be prescribed).

[F96 (2A) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed—

(a) this Part shall not apply to a complaint about the conduct of a police officer which took place more than the prescribed period before the date on which the complaint is made or referred to the Ombudsman under section 52(1);

(b) the Ombudsman shall not investigate any matter referred to him under section 55(1), (2) [F97 , (4) or (4A)] if the actions, behaviour or conduct to which the matter relates took place more than the prescribed period before the date on which the reference is made;

(c) the Ombudsman shall not at any time commence a formal investigation under section 55(6) of any matter if the actions or behaviour to which the matter relates took place more than the prescribed period before that time;

(d) to the extent that the subject matter of a complaint falls within the jurisdiction of —

(i) the tribunal constituted under section 65(1) of the M19 Regulation of Investigatory Powers Act 2000, or

(ii) a person appointed under Part IV of that Act,

the Ombudsman shall not investigate it.]

(3) Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

(4) Before making any regulations under this section, the Secretary of State shall consult—

(a) the Ombudsman;

(b) the [F98 Board]; and

(c) the Police Association.

Textual Amendments

F93 Words in s. 64(2)(b) inserted (22.12.2000) by 2000 c. 32, s. 62(4)(a); S.R. 2000/412, art. 2, Sch.

F94 Words in s. 64(2)(c) inserted (22.12.2000) by 2000 c. 32, s. 62(4)(b); S.R. 2000/412, art. 2, Sch.

F95 Words in s. 64(2)(d)(i) inserted (22.12.2000) by 2000 c. 32, s. 62(4)(c); S.R. 2000/412, art. 2, Sch.

F96 S. 64(2A) inserted (22.12.2000) by 2000 c. 32, s. 65; S.R. 2000/412, art. 2, Sch.

F97 Words in s. 64(2A)(b) substituted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(6), 19(1); S.R. 2005/282, art. 2

F98 Words in s. 64 substituted (4.11.2001) by 2000 c. 32, ss. 78(1), 79(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

Marginal Citations

M19 2000 c. 23.

65 Guidance concerning discipline, complaints, etc. N.I.

(1) The Secretary of State may issue guidance to the [F99 Board] and police officers concerning the discharge of their functions—

(a) under this Part;

(b) under regulations made under section 25 in relation to the matters mentioned in subsection (2)(e) of that section; and

(c) under regulations made under section 26 in relation to the matters mentioned in subsection (2)(d) of that section;

and they shall have regard to any such guidance in the discharge of their functions.

(2) Guidance may not be issued under subsection (1) in relation to the handling of a particular case.

(3) A failure on the part of a person to whom guidance is issued under this section to have regard to such guidance shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with section 25(3) or 26(3).

(4) In discharging his functions under section 59 the Ombudsman shall have regard—

(a) to any guidance given to him by the Secretary of State with respect to such matters as are for the time being the subject of guidance under subsection (1); and

(b) in particular, but without prejudice to the generality of paragraph (a), to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings.

(5) In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Secretary of State with respect to matters the disclosure of which may be prejudicial to the public interest.

Textual Amendments

F99 Words in s. 65 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

Part VIII N.I. Miscellaneous and general

Offences N.I.

66 Assaults on, and obstruction of, constables, etc. N.I.

(1) Any person who assaults, resists, obstructs or impedes a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.

[F100 (1A) Any person who assaults, resists, obstructs or impedes a designated 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.]

(2) A person guilty of an offence under subsection (1)[F101 or (1A)] shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

(3) Any person may arrest without a warrant anyone who is, or whom he with reasonable cause suspects to be, committing an offence under subsection (1)[F102 or (1A)].

[F103 (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 section 30 or 31 of the Police (Northern Ireland) Act 2003.]

(4) This section also applies to a constable who is a member of a police force in Great Britain when he is executing a warrant, or otherwise acting in Northern Ireland, by virtue of any statutory provision conferring powers on him in Northern Ireland.

[F104 (5) In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—

(a) is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and

(b) is carrying out his functions as a member of that team.

(6) In this section “ international joint investigation team ” means any investigation team formed in accordance with—

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

(7) A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F100 S. 66(1A) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(2)

F101 Words in s. 66(2) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(3)

F102 Words in s. 66(3) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(4)

F103 S. 66(3A)(3B) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(5)

F104 S. 66(5)-(7) inserted (1.10.2002) by 2002 c. 30, s. 104(3); S.I. 2002/2306, art. 2(f)(xiii)

Modifications etc. (not altering text)

C13 S. 66 modified (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 84(3), 94(1); S.I. 2004/786, art. 3(1)(2)

67 Impersonation, etc. N.I.

(1) Any person who with intent to deceive impersonates a member of the police force, or makes any statement or does any act calculated falsely to suggest that he is such a member, shall be guilty of an offence.

[F105 (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 suggest that he has powers as a designated person that exceed the powers he actually has,

shall be guilty of an offence.]

(2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of the police force as to be calculated to deceive shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1)[F106 , (1A)] or (2) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.

(4) Any person who, not being a member of the police force, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this section “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of the police force or anything having the appearance of such an article, badge, mark or document.

[F107 (6) In this section “designated person” means a person designated under section 30 or 31 of the Police (Northern Ireland) Act 2003.]

Textual Amendments

F105 S. 67(1A) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 39(2)

F106 Word in s. 67(3) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 39(3)

F107 S. 67(6) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 39(4)

Modifications etc. (not altering text)

C14 S. 67 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(iv); S.R. 2001/132, art. 2, Sch.

68 Causing disaffection. N.I.

(1) Any person who—

(a) causes, or does any act calculated to cause, disaffection among the members of the police force; or

(b) induces, or does any act calculated to induce, any member of the police force to withhold his services,

shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

Modifications etc. (not altering text)

C15 S. 68 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(v); S.R. 2001/132, art. 2, Sch.

69 Obtaining pension by self-inflicted injury, etc. N.I.

Any person who obtains for himself or any other person any pension or gratuity under regulations made under section 25 or 26 by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing injury or infirmity shall be guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

Traffic wardens N.I.

F108 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F108 S. 70 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

Supplementary N.I.

71 Expenses of Secretary of State. N.I.

There shall be defrayed out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums so payable under any other statutory provision.

72 Orders and regulations. N.I.

(1) Any power of the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the M20 Statutory Rules (Northern Ireland) Order 1979.

(2) Orders or regulations under this Act—

(a) may make different provision for different cases and circumstances;

(b) may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate.

[F109 (2A) Regulations shall not be made under section 25(2)(k) or 26(2)(g) except with the consent of the Treasury.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A statutory rule made under this Act (other than one containing an order under section 75) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M21 Statutory Instruments Act 1946 shall apply accordingly.

Textual Amendments

F109 S. 72(2A) inserted (22.12.2000) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(6)(a); S.R. 2000/412, art. 2, Sch.

Marginal Citations

M20 1979 NI 12.

M21 1946 c. 36.

[F110 73 Interpretation. N.I.

(1) This Act shall be construed as one with the Police (Northern Ireland) Act 2000; and accordingly any word or expression to which a meaning is given by section 77 of that Act has the same meaning in this Act as in that Act.

(2) References in this Act to a member of the police force are to be construed as references to a police officer.

(3) References in this Act in any other context to the police force are to be construed as references to the police.

(4) In this Act “a police force in Great Britain” means a police force within the meaning of the M22 Police Act 1996 or the M23 Police (Scotland) Act 1967 .]

Textual Amendments

F110 S. 73 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(6)(b); S.R. 2001/396, art. 2, Sch.

Marginal Citations

M22 1996 c. 16.

M23 1967 c. 77.

74 Amendments, transitional provisions, repeals, etc. N.I.

(1) The statutory provisions mentioned in Schedule 4 shall be amended as provided in that Schedule.

(2) Schedule 5 (which contains transitional provisions and savings) shall have effect.

(3) The statutory provisions mentioned in Schedule 6 are repealed to the extent specified in the third column of that Schedule.

(4) In the M24 Northern Ireland (Modification of Enactments – No. 1) Order 1973 the following provisions are revoked, namely—

(a) Article 6(5) and (6)(c);

(b) in Schedule 1, the entries relating to—

• the M25 Constabulary (Ireland) Act 1836;

• the M26 Police (Property) Act 1897;

• the M27 Constabulary and Police (Ireland) Act 1919;

• the M28 Police Act 1969;

• the M29 Constabulary Act Northern Ireland) 1922;

• the M30 Police Act Northern Ireland) 1970;

(c) in Schedule 4, the entry relating to the M31 Police Act Northern Ireland) 1970; and

(d) in Schedule 5, paragraphs 11, 21 and 61.

Commencement Information

I6 S. 74 partly in force; s. 74 not in force at Royal Assent see s. 75(1), s. 74(1) in force and 74(3) in force for certain purposes at 8.10.1998 by S.R. 1998/346, art. 3; s. 74(1)(2)(3) in force for certain purposes at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4); s. 74(4) in force and (1)(2)(3) in force for certain purposes at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

Marginal Citations

M24 S.I. 1973/2163.

M25 1836 c. 13.

M26 1897 c. 30.

M27 1919 c. 68.

M28 1969 c. 63.

M29 1922 c. 8 (N.I.).

M30 1970 c. 9 (N.I.).

M31 1970 c. 9 (N.I.).

75 Commencement. N.I.

(1) This Act shall come into operation on such day as the Secretary of State may by order appoint.

(2) An order under this section may appoint different days for different purposes and for different provisions.

Subordinate Legislation Made

P1 S. 75(1) power partly exercised (5.10.1998): 8.10.1998 appointed for specified provisions by S.R. 1998/346, art. 3 (with art. 4)

S. 75(1) power partly exercised (8.2.1999): 9.2.1999 appointed for specified provisions by S.R. 1999/48, art. 3 (with art. 4)

S. 75(1) power partly exercised (30.3.1999): 1.4.1999 appointed for specified provisions by S.R. 1999/176, art. 3 (with art. 4)

S. 75(1) power partly exercised (2.11.2000): 6.11.2000 appointed for specified provisions by S.R. 2000/399, art. 3 (with transitional provisions in arts. 4, 5)

76 Extent. N.I.

(1) Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

(2) Paragraph 8 of Schedule 3 extends throughout the United Kingdom.

(3) The amendment or repeal by this Act of any provision of—

(a) the M32 Police (Overseas Service) Act 1945;

(b) the M33 Police (Scotland) Act 1967;

(c) the M34 House of Commons Disqualification Act 1975;

(d) the M35 Northern Ireland Assembly Disqualification Act 1975;

(e) the M36 Ministry of Defence Police Act 1987;

(f) the M37 Official Secrets Act 1989;

(g) the M38 Police Act 1996;

(h) the M39 Police Act 1997,

has the same extent as that provision.

Commencement Information

I7 S. 76 partly in force; s. 76 not in force at Royal Assent see s. 75(1); s. 76(1) in force at 8.10.1998 by S.R. 1998/346, art. 3; s. 76(3) in force at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

I8 S. 76(2) in force at 21.2.2003 by S.R. 2003/142, art. 3

Marginal Citations

M32 1945 c. 17.

M33 1967 c. 77.

M34 1975 c. 24.

M35 1975 c. 25.

M36 1987 c. 4.

M37 1989 c. 6.

M38 1996 c. 16.

M39 1997 c. 50.

77 Short title. N.I.

This Act may be cited as the Police (Northern Ireland) Act 1998.