Police (Northern Ireland) Act 2000

[F1 74A Restriction on disclosure of information N.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;

[F2 (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;

[F3 (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;

[F4 (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.

[F5 (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.

[F6 (h) to the Minister of Justice or the Department of Justice.]

[F7 (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

F1 S. 74A inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 27(1)

F2 S. 74A(2)(c) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 82(2) (with arts. 28-31, Sch. 3 para. 82(8))

F3 S. 74A(3)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 82(3) (with arts. 28-31, Sch. 3 para. 82(8))

F4 S. 74A(4)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 82(4) (with arts. 28-31, Sch. 3 para. 82(8))

F5 S. 74A(6)(h) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 82(5) (with arts. 28-31, Sch. 3 para. 82(8))

F6 S. 74A(7)(h) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 82(6) (with arts. 28-31, Sch. 3 para. 82(8))

F7 Ss. 74A(7A)-(7D) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 82(7) (with arts. 28-31, Sch. 3 para. 82(8)(9))