8—(1) The Policing Board, or the council with the approval of the Policing Board, may remove a person (“P”) from office as a political or independent member of a DPCSP if satisfied that—N.I.
(a)in the case of an independent member, P failed to make the necessary disclosure in relation to P's conviction for a criminal offence in Northern Ireland or elsewhere;
(b)in the case of an independent member, P has acted in breach of the terms of a declaration against terrorism;
(c)P has been convicted in Northern Ireland or elsewhere after the date of P's appointment of a criminal offence (whether committed before or after that date);
(d)P has become bankrupt [F1or P is the subject of a bankruptcy restrictions order] [F2or P has had a debt relief order made in respect of him or is the subject of a debt relief restrictions order,] [F3or has made] a composition or arrangement with P's creditors;
(e)P has failed to comply with the terms of P's appointment; or
(f)P is otherwise unable or unfit to discharge P's functions as a member of the DPCSP.
(2) The “necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—
(a)before the nomination of that member, to the council which nominated that member; and
(b)before the appointment of that member, to the Policing Board.
(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.
(4) As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—
(a)in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a DPCSP ”;
(b)omit subsection (4);
(c)in subsection (5), in the definition of “public meeting” after paragraph (c) insert—
“(d)any meeting of a PCSP or a DPCSP or a committee of a PCSP or DPCSP (whether or not a meeting which the public is permitted to attend), and”.
Textual Amendments
F1Words in Sch. 2 para. 8(1)(d) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), Sch. para. 21(3)
F2Words in Sch. 2 para. 8(1)(d) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 27(3)(a)
F3Words in Sch. 2 para. 8(1)(d) substituted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 27(3)(b)
Commencement Information
I1Sch. 2 para. 8 in operation at 1.4.2012 by S.R. 2012/142, art. 2(a)