The Police (1998 Act) (Commencement No. 1) Order (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 346 (C. 16)

POLICE

The Police (1998 Act) (Commencement No. 1) Order (Northern Ireland) 1998

Made

5th October 1998

In exercise of the powers conferred upon me by sections 72(1) and (2) and 75 of the Police (Northern Ireland) Act 1998(1) and of all other powers enabling me in that behalf, I hereby make the following Order:—

Citation

1.  This Order may be cited as the Police (1998 Act) (Commencement No. 1) Order (Northern Ireland) 1998.

Interpretation

2.  In this Order, “the Act” means the Police (Northern Ireland) Act 1998.

Appointed day

3.  Subject to Article 4, the following provisions of the Act shall come into operation on 8th October 1998—

• section 2(5)(a) to (c),

• section 7,

• Part II of the Act (Policing objectives, Performance Targets and Plans),

• section 19(2)(a),

• section 24 and Schedule 2 (Attestation of constables),

• Part VI of the Act (Reports),

• section 74(1) and (3) insofar as it relates to the amendments in paragraph 18(2), (3) and (4) of Schedule 4, and in Schedule 6 (repeals), the following—

  (a)

  the Constabulary (Ireland) Act 1836(2) insofar as sections 5 and 17 are concerned;

  (b)

  the Constabulary Act (Northern Ireland 1922(3) insofar as section 7(1)(c) and Schedule 2 are concerned;

  (c)

  subject to Article 4, section 15 of the Police Act (Northern Ireland) 1970(4); and

  (d)

  Article 82 of the Police and Criminal Evidence (Northern Ireland) Order 1989(5),

• section 75,

• section 76(1), and

• section 77.

Transitional provisions and savings

4.—(1) The provisions contained in sections 15 and 17 of the Act shall not apply to the 1998/99 financial year.

(2) The requirement upon the Police Authority to issue a report under section 47(1) shall not apply to the 1998/99 financial year.

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

5th October 1998

Explanatory Note

(This note is not part of the Order.)

This Order brings into force Parts II and VI and sections 2(5)(a) to (c), 7, 19(2)(a), 24, 74(1) and (3) (partially), 75, 76(1), 77 of, and Schedules 2, 4 (partially) and 6 (partially) to, the Police (Northern Ireland) Act 1998 (“the Act”) on 8th October 1998.

Part II of the Act concerns the setting of policing objectives by the Secretary of State, the setting of policing objectives and performance targets and an annual policing plan by the Police Authority and the issue of a strategic policing plan by the Chief Constable.

Section 2(5)(a) to (c) (general functions of the Policy Authority), section 7 (arrangements for obtaining the views of the public on policing), section 19(2)(a) (general functions of Chief Constable) and Part VI (Reports) are relevant provisions for the purposes of the operation of Part II of the Act.

Section 24 concerns the attestation of constables and Schedule 2 sets out the Form of Declaration to be made by a member of the police force upon appointment as a constable.

Section 74(1) and (3) and Schedules 4 and 6 make consequential amendments and repeals. Sections 75 (Commencement), 76(1) (Extent) and 77 (Short title) are also brought into force.

Article 4 of this Order specifies the transitional provisions that apply to sections 15, 17 and 47(1) of the Act.

(1)

1998 c. 32

(2)

1836 c. 13

(3)

1922 c. 8

(4)

1970 c. 9 (N.I.) as modified by S.I. 1973/2163 and amended by S.I. 1980/704 (N.I. 6)

(5)

S.I. 1989/1431 (N.I. 12)