Police (Northern Ireland) Act 2000

Part IXU.K. Miscellaneous and supplementary

MiscellaneousN.I.

67 The Commissioner.N.I.

(1)The Secretary of State may appoint a Commissioner to discharge the general function mentioned in subsection (3).

(2)A person for the time being holding the office of Commissioner under subsection (1) is referred to in this Act as “the Commissioner”.

(3)The Commissioner’s general function is to oversee the implementation of changes in the policing of Northern Ireland (including, in particular, those resulting from this Act) described in his terms of reference.

(4)Schedule 4, which makes further provision about the Commissioner, shall have effect.

(5)The office of Commissioner shall cease to exist on 31st May 2003, unless before that date an order is made under subsection (6).

(6)The Secretary of State may by order provide that the office of Commissioner (whether or not it then exists as a result of a previous order under this subsection) shall continue to exist for a period not exceeding three years from the date on which the order comes into operation.

68 Reports by the Commissioner.N.I.

(1)The Commissioner shall make periodic reports to the Secretary of State on the implementation of the changes described in his terms of reference.

(2)There shall be at least three periodic reports in each year.

(3)The Commissioner may at any time make a report to the Secretary of State on matters arising in the course of his performance of his general function.

(4)The Secretary of State—

(a)shall lay each report made to him under this section before each House of Parliament; and

(b)arrange for the report to be published in such manner as appears to him to be appropriate.

69 General duty of [F1Ministers].N.I.

(1)[F2A Minister with functions under the Police Acts shall exercise those functions] in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of—

(a)the police;

(b)the police support staff; and

(c)traffic wardens.

(2)In carrying out those functions, the [F3Minister] shall have regard to the principle that the policing of Northern Ireland is to be conducted in an impartial manner.

[F4(3)In this section “Minister” means—

(a)the Secretary of State,

(b)the Minister of Justice,

(c)the Department of Justice,

(d)the First Minister and deputy First Minister, or

(e)the Office of the First Minister and deputy First Minister.]

Textual Amendments

70 The Royal Ulster Constabulary GC Foundation.N.I.

(1)The [F5Department of Justice] may by regulations establish a foundation to be known as “The Royal Ulster Constabulary GC Foundation” for the purpose of marking the sacrifices and honouring the achievements of the Royal Ulster Constabulary.

(2)Regulations under this section—

(a)shall provide for the status and constitution of the foundation;

(b)shall provide for the foundation to have power to support the professional development of police officers and innovations in policing;

(c)shall enable the foundation to undertake joint initiatives with the Royal Ulster Constabulary Widows Association, the Royal Ulster Constabulary Disabled Police Officers Association or any other organisation or person within the Royal Ulster Constabulary family, as may be appropriate in matters of common interest;

(d)may provide for the foundation to have such other functions as are prescribed by the regulations;

(e)may provide for the procedures of the foundation; and

(f)make such other provision concerning the foundation as the [F6Department of Justice] thinks necessary or expedient for the proper functioning of the foundation.

(3)The [F7Department of Justice] may make payments to, or for the purposes of, the foundation.

Textual Amendments

71 Traffic wardens.N.I.

(1)The Board shall appoint traffic wardens on such terms and conditions as the [F8Department of Justice] may determine.

(2)Traffic wardens shall be under the direction and control of the Chief Constable.

(3)Where a complaint is made by a member of the public against a traffic warden, the complaint shall be referred to the Chief Constable who shall (unless the complaint alleges an offence with which the traffic warden has then been charged) forthwith record the complaint and cause it to be investigated.

Textual Amendments

72 Video recording of interviews.N.I.

(1)The M1Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

(2)After Article 60 there shall be inserted the following Article—

“60A Video recording of interviews

It shall be the duty of the Secretary of State—

(a)to issue a code of practice in connection with the video-recording with sound of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations;

(b)to make an order (subject to Article 89) requiring the video-recording with sound of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being.”.

(3)In Article 66(2) (codes of practice – supplementary) after “Article 60” there shall be inserted “ , 60A ”.

(4)In Article 89 (orders and regulations) after “Articles 60” there shall be inserted “ , 60A ”.

Marginal Citations

M11989 NI 12.

73 Places of detention: lay visitors.N.I.

(1)The Board shall make, and keep under review, arrangements for designated places of detention to be visited by persons appointed under the arrangements (“lay visitors”).

(2)The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.

(3)The report shall deal with—

(a)the conditions under which persons are held in the designated place of detention concerned and with their welfare and treatment;

(b)the adequacy of facilities at that place of detention;

(c)such other matters as may be specified in an order made by the [F9Department of Justice].

(4)The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to—

(a)require access to be given to each designated place of detention;

(b)examine records relating to the holding of persons there;

(c)interview persons who are being held there;

(d)inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.

(5)A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.

(6)Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.

(7)The arrangements shall provide that a person may not be appointed as a lay visitor if—

(a)he is a member of the Board; or

(b)he is, or has been, a police officer.

(8)The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.

(9)“Designated place of detention” means a police station for the time being designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989, except so much of the station as is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the M2Terrorism Act 2000.

[F10(10)For the purposes of this section—

(a)the Secretary of State may by order specify as a designated place of detention a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000; and

(b)the Department of Justice may by order specify as a designated place of detention any other place which is designated under any enactment as a place in which persons may be detained.]

Textual Amendments

Marginal Citations

74 Application to police of anti-discrimination legislation.N.I.

Schedule 5, which amends in their application to the police and other bodies of constables—

(a)the M3Sex Discrimination (Northern Ireland) Order 1976,

(b)the M4Race Relations (Northern Ireland) Order 1997, and

(c)the M5Fair Employment and Treatment (Northern Ireland) Order 1998,

shall have effect.

Marginal Citations

M31976 NI 15.

M41997 NI 6.

M51998 NI 21.

[F1174ARestriction on disclosure of informationN.I.

(1)This section applies if information is supplied in the circumstances mentioned in subsection (2), (3), (4) or (5).

(2)The circumstances are that—

(a)the information is supplied by the Chief Constable to a person conducting an inquiry under section 60;

(b)the person has been appointed under section 60(9) to conduct the inquiry;

[F12(c)in relation to the information, the Chief Constable informs the person as required by section 60(10B)(b) or (10D)(b).]

(3)The circumstances are that—

(a)the information is supplied by the Chief Constable under section 33A to the Board;

[F13(b)in relation to the information, the Chief Constable informs the Board as required by section 33A(4)(b) or (6)(b).]

(4)The circumstances are that—

(a)the information is supplied by the Chief Constable under section 59 to the Board or a special purposes committee;

[F14(b)in relation to the information, the Chief Constable informs the Board or the committee as required by section 59(4I)(b) or (4K)(b).]

(5)The circumstances are that—

(a)the information is supplied by a person conducting an inquiry under section 60 or by a person who is assisting or has assisted in the conduct of such an inquiry to a special purposes committee;

(b)the information was supplied to the person conducting the inquiry in the circumstances mentioned in subsection (2).

(6)If information is supplied in the circumstances mentioned in subsection (2), the information must not be disclosed by the person who is conducting or has conducted the inquiry or by a person who is assisting or has assisted in the conduct of the inquiry except—

(a)to a person who is assisting in the conduct of the inquiry;

(b)to the Secretary of State;

(c)to the Chief Constable;

(d)to the Ombudsman, or an officer of the Ombudsman, in connection with any function of the Ombudsman;

(e)to a special purposes committee;

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

(g)in the form of a summary or other general statement made by the person the terms of which have been agreed with the Chief Constable.

[F15(h)to the Minister of Justice or the Department of Justice.]

(7)If information is supplied in the circumstances mentioned in subsection (3), (4) or (5), the information must not be disclosed by a person who is or has been a member of the Board or a member of the staff of the Board except—

(a)in the case of information supplied to the Board, to a member of the Board or a member of the staff of the Board;

(b)in the case of information supplied to a special purposes committee, to a member of the committee or a member of the staff of the Board who provides services to the committee;

(c)to the Secretary of State;

(d)to the Chief Constable;

(e)to the Ombudsman, or an officer of the Ombudsman, in connection with any function of the Ombudsman;

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

(g)in the form of a summary or other general statement made by the Board the terms of which have been agreed with the Chief Constable.

[F16(h)to the Minister of Justice or the Department of Justice.]

[F17(7A)In subsections (7B) to (7D) “protected information” means information in relation to which the Chief Constable has given an opinion under section 33A(4)(b), 59(4I)(b) or 60(10B)(b).

(7B)Subsection (6)(h) does not authorise the disclosure of any protected information.

(7C)In the case of protected information supplied to a special purposes committee, subsection (7)(h) does not authorise the disclosure of the information.

(7D)In the case of protected information supplied to the Board, a person disclosing the information by virtue of subsection (7)(h) must inform the Minister of Justice or the Department of Justice that the information is protected information.]

(8)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.

(9)In this section—

  • “member of the staff of the Board” means—

    (a)

    a person employed by the Board under paragraph 13(1) of Schedule 1;

    (b)

    a person employed in the civil service who provides assistance for the Board in pursuance of arrangements made under paragraph 13(2) of Schedule 1; and

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

Textual Amendments

SupplementaryU.K.

75 Expenses of Secretary of State.N.I.

There shall be defrayed out of money provided by Parliament—

(a)any expenditure 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.

76 Orders and regulations.N.I.

(1)Any power of the Secretary of State[F18, the Minister of Justice or the Department of Justice] to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the M6Statutory Rules (Northern Ireland) Order 1979.

(2)[F19An order] or regulations under this Act—

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

(b)may contain such consequential, supplementary and transitional provisions as appear to the [F20person making the order or regulations] to be appropriate.

(3)Subsections (1)[F21, (2) and (6)] do not apply to vesting orders made under section 7.

[F22(4)No statutory rule may be made under section 47(3) F23... unless a draft of the rule has been laid before and approved by resolution of each House of Parliament.]

[F24(4A)No regulations may be made under section 54 unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(4B)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]

(5)A statutory rule made [F25by the Secretary of State] under this Act (other than one made under a provision mentioned in subsection (4) or containing an order under section 79) 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 Statutory Instruments Act 1946 shall apply accordingly.

[F26(6)An order or regulations made by the Minister of Justice or the Department of Justice under this Act (other than regulations under section 54) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

Textual Amendments

F22S. 76(4) substituted (30.7.2001) by S.I. 2001/2513, art. 3

Marginal Citations

[F2776ADisclosure of information and holding of inquiriesU.K.

(1)For the purposes of sections 33A, 59[F28, 60, 61] and 66, the grounds on which information ought not to be disclosed are that—

(a)it is in the interests of national security;

(b)the information is sensitive personnel information;

(c)the information would, or would be likely to, prejudice proceedings which have been commenced in a court of law.

(2)For the purposes of section 60, the grounds on which an inquiry ought not to be held are that—

(a)it is in the interests of national security;

(b)any matter into which inquiry is to be made is a sensitive personnel matter;

(c)the inquiry would, or would be likely to, prejudice proceedings which have been commenced in a court of law.

(3)“Personnel information” means information which relates to an individual’s holding of, application for or appointment to a relevant office or employment.

(4)“Personnel matter” means a matter which relates to an individual’s holding of, application for or appointment to a relevant office or employment.

(5)An office or employment is a relevant office or employment for the purposes of subsections (3) and (4) if the holder of it is under the direction and control of the Chief Constable.

(6)It is immaterial for the purposes of subsections (3) and (4) that the individual no longer holds the office or employment.]

Textual Amendments

F27S. 76A inserted (with effect in accordance with s. 29(2)(3) of the amending Act) by Police (Northern Ireland) Act 2003 (c. 6), s. 29(1)

77 Interpretation.N.I.

(1)In this Act—

  • “the 1998 Act” means the M7Police (Northern Ireland) Act 1998;

  • “the Board” means the Northern Ireland Policing Board;

  • “building” includes any structure;

  • “the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

  • “civil service” means the civil service of Northern Ireland or the civil service of the United Kingdom;

  • “equipment” includes vehicles, apparatus, furniture, fittings, accoutrements and clothing;

  • “financial year” means the period of 12 months ending with 31st March;

  • “functions” includes powers and duties;

  • [F29“the Minister of Justice” means the Minister in charge of the Department of Justice;]

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

  • [F30“pension purposes” means the purposes of the pension scheme established by regulations under section 25 of the Police (Northern Ireland) Act 1998;]

  • “the police” means—

    (a)

    the Police Service of Northern Ireland; and

    (b)

    the Police Service of Northern Ireland Reserve;

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

  • “the Police Acts” means this Act and the 1998 Act;

  • “police officer” means a person who is—

    (a)

    a member of the Police Service of Northern Ireland; or

    (b)

    a member of the Police Service of Northern Ireland Reserve;

  • “police purposes” means the purposes of the police, the police support staff, police trainees, police reserve trainees, police cadets and traffic wardens;

  • “Police Service of Northern Ireland” means the body of constables mentioned in section 1(1);

  • “Police Service of Northern Ireland Reserve” means the body of constables mentioned in section 1(3);

  • “police reserve trainee” has the meaning given by section 37(3);

  • “police trainee” has the meaning given by section 36(3);

  • “police support staff” has the meaning given by section 4(6);

  • “the policing plan” has the meaning given by section 26(1);

  • “provide” and “maintain” have the same meaning as, by virtue of section 147 of the M8Local Government Act (Northern Ireland) 1972, they have for the purposes of that Act;

  • “senior officer”, in relation to the Police Service of Northern Ireland, means an officer above the rank of superintendent;

  • [F31“special purposes committee” means a committee constituted by the Board under paragraph 24(1) or (1A) of Schedule 1 for the purposes mentioned in paragraph 24(1B) of that Schedule;]

  • “statutory authority” means—

    (a)

    a body constituted under a statutory provision; or

    (b)

    a person holding office under a statutory provision;

  • “statutory provision” has the meaning given by section 1(f) of the M9Interpretation Act (Northern Ireland) 1954.

(2)Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.

Textual Amendments

F30Words in s. 77(1) inserted (with effect in accordance with s. 6(12) of the amending Act) by Police (Northern Ireland) Act 2003 (c. 6), s. 6(11)

F31Words in s. 77(1) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 28(4)

Marginal Citations

78 Amendments, transitional and transitory provisions and repeals.U.K.

(1)The statutory provisions mentioned in Schedule 6 shall be amended as provided in that Schedule.

(2)In relation to any time after the coming into force of this subsection, any reference in any statutory provision or other document—

(a)to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the Police Service of Northern Ireland;

(b)to a person holding any other particular rank, or a rank of a particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description, in the Police Service of Northern Ireland;

(c)to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland;

(d)to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the Police Service of Northern Ireland Reserve;

(e)to the Royal Ulster Constabulary Reserve shall be construed as a reference to the Police Service of Northern Ireland Reserve;

(f)to the Royal Ulster Constabulary in any other context shall be construed as a reference to the Police Service of Northern Ireland.

(3)Schedule 7 (which contains transitional and transitory provisions) shall have effect.

(4)The statutory provisions mentioned in Schedule 8 are repealed to the extent specified in the third column of that Schedule.

Commencement Information

I1S. 78 wholly in force at 15.4.2002; s. 78(1)(3) in force for specified purposes at Royal Assent, see s. 79(2)(f)(g); s. 78 in force for specified purposes at 30.3.2001 by S.R. 2001/132, art. 2, Sch.; s. 78 in force for specified purposes at 22.12.2000 by S.R. 2000/412, art. 2, Sch.; s. 78 in force for specified purposes at 4.11.2001 by S.R. 2001/396, art. 2, Sch.; s. 78 in force in so far as not already in force at 15.4.2002 by S.R. 2002/146, art. 2, Sch.

79 Commencement.N.I.

(1)Except as provided by subsection (2), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

(2)The following provisions come into force on the day on which this Act is passed—

(a)section 49;

(b)sections 67 and 68;

(c)sections 75, 76 and 77;

(d)Part III of Schedule 1 and section 2(2) so far as relating thereto;

(e)Schedule 4;

(f)paragraphs 3(4) and 4(3) of Schedule 6 and section 78(1) so far as relating thereto;

(g)paragraph 1 of Schedule 7 and section 78(3) so far as relating thereto.

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

(4)An order under this section may contain such transitional provisions or savings (including provisions modifying this Act or any other statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.

Subordinate Legislation Made

P1S. 79: power partly exercised; 30.3.2001 appointed by S.R. 2001/132, art. 2, Sch.; 4.11.2001 appointed by S.R. 2001/396, art. 2, Sch.; 15.4.2002 appointed by {S.R. 2002/146}, art. 2, Sch.

80 Extent.N.I.

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

(2)Section 78(2) extends also to England and Wales and Scotland.

(3)The amendments and repeals in Schedules 6 and 8 have the same extent as the statutory provisions to which they relate.

81 Short title.N.I.

This Act may be cited as the Police (Northern Ireland) Act 2000.