Part V Functions of Secretary of State F19and Department of Justice
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I140 Power to require use by police of specified facilities, equipment or services.
1
The F21Department of Justice 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 F22the Department of Justice 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 F23Department of Justice shall consult—
a
the F5Board;
b
the Chief Constable; and
c
the Police Association.
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C1C341 Appointment of inspectors of constabulary.
1
2
The inspectors shall at least once in every year inspect and report to the F29Department of Justice on the efficiency and effectiveness of F6—
a
the Police Service of Northern Ireland;
b
the Police Service of Northern Ireland Reserve;
c
the police support staff; and
d
traffic wardens.
F15F73A
The F25appropriate authority 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 F26appropriate authority.
F243C
In subsections (3A) and (3B) “the appropriate authority” means, in relation to any inspection—
a
the Secretary of State, if the inspection relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision;
b
otherwise, the Department of Justice;
and in paragraph (a) “excepted matter” and “reserved matter” have the meanings given by section 4 of the Northern Ireland Act 1998.
F124
The inspectors shall—
a
if the F30Department of Justice 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 F30Department of Justice may from time to time direct;
c
make such reports as the F30Department of Justice 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 F31Department of Justice.
41AF20Powers of Secretary of State in relation to reports and other duties of inspectors of constabulary
1
For the purposes of subsections (2) to (8) information is “protected information” if the inclusion of the information in a report of the inspectors under section 41 would be against the interests of national security.
2
If it appears to the Secretary of State that—
a
the inspectors are required to prepare a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)), and
b
the report might contain (or once completed might contain) protected information,
the Secretary of State may require the inspectors to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).
3
The Secretary of State must, within—
a
the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.
4
If—
a
it appears to the inspectors that a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)) might contain protected information, and
b
the inspectors have not been required to refer the report to the Secretary of State under subsection (2),
the inspectors must refer the report to the Secretary of State.
5
The Secretary of State must, within—
a
the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the inspectors whether, in the opinion of the Secretary of State, the report contains any protected information.
6
Where the Secretary of State has required that a report be referred to the Secretary of State under subsection (2), or the inspectors are required under subsection (4) to refer a report to the Secretary of State, the inspectors must not disclose the report to anyone apart from the Secretary of State, except—
a
in accordance with subsection (7),
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or
c
after the period mentioned in subsection (3) or (5) has expired without any notification being given by the Secretary of State.
7
Where the Secretary of State notifies the inspectors under subsection (3) or (5) that, in the opinion of the Secretary of State, a report contains protected information—
a
the Secretary of State may direct the inspectors to exclude from the report any information that, in the opinion of the Secretary of State, is protected information,
b
the inspectors must exclude that information from the report,
c
the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a), and
d
the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
8
When the inspectors provide to anyone a report from which information has been excluded under subsection (7), they must at the same time provide the report to the Secretary of State.
9
For the purposes of subsections (10) to (14) information is “protected information” if it is information that, in the interests of national security, ought not to be disclosed by the inspectors.
10
If it appears to the Secretary of State that any requirement imposed on the inspectors by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, the Secretary of State may require the inspectors to refer the matter to the Secretary of State.
11
If it appears to the inspectors that any requirement imposed on them by the Department of Justice under section 41 may require them to disclose, otherwise than in a report, information that is or includes protected information, they must refer the matter to the Secretary of State.
12
The Secretary of State must, within—
a
the period of 30 days after the date on which the inspectors refer a matter to the Secretary of State under subsection (10) or (11), or
b
such longer period as may be agreed between the Secretary of State and the Department of Justice,
notify the inspectors whether, in the opinion of the Secretary of State, the information in question is or includes protected information.
13
Where the inspectors are required under subsection (10) or (11) to refer a matter to the Secretary of State, they must not disclose the information in question to anyone apart from the Secretary of State, except—
a
in accordance with subsection (14),
b
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the information in question is not or does not include protected information, or
c
after the period mentioned in subsection (12) has expired without any notification being given by the Secretary of State.
14
Where the Secretary of State notifies the inspectors under subsection (12) that, in the opinion of the Secretary of State, the information in question is or includes protected information—
a
the Secretary of State may set aside or modify the requirement imposed by the Department of Justice as the Secretary of State thinks appropriate so that the inspectors are not required to disclose any information that, in the opinion of the Secretary of State, is protected information;
b
the inspectors must proceed accordingly;
c
the Secretary of State must inform the Department of Justice that the Secretary of State has taken action under paragraph (a); and
d
the Secretary of State must lay before Parliament a statement that the Secretary of State has taken action under paragraph (a).
C2C442 Publication of reports of inspectors of constabulary.
1
2
The F36Department of Justice may exclude from publication under subsection (1) any part of a report if, in F37its opinion, the publication of that part—
a
would be F38... prejudicial to public order; or
b
might jeopardise the safety of any person.
3
The F33Department of Justice shall send a copy of the published report to—
a
the F8Board; and
b
the Chief Constable.
4
5
The F8Boardshall 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 F9the Board has to the comments submitted by the Chief Constable,
to be published in such manner as appears to F9the Board to be appropriate.
6
F326A
In relation to a report received by the Secretary of State under section 41(3B)—
a
subsections (1) to (6) above apply as if references to the Department of Justice were references to the Secretary of State;
b
under subsection (2) above, the Secretary of State may also exclude from publication under subsection (1) any part of the report if, in the Secretary of State’s opinion, the publication of that part would be against the interests of national security.
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43 Criminal statistics.
1
The Chief Constable shall, at such times and in such form as the F40Department of Justice may direct, transmit to the F40Department of Justice such particulars with respect to offences, offenders, criminal proceedings and the state of crime in Northern Ireland as the F40Department of Justice may require.
2
F1444 Inquiries.
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45 Research and advice.
1
The F44Department of Justice may set up such bodies and take such other steps as appear to F45the Department of Justice to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency and effectiveness of F10—
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 F46Department of Justice may set up such bodies as appear to F47the Department of Justice to be necessary or expedient for the purpose of advising F47the Department of Justice on matters affecting the efficiency and effectiveness of F10—
a
the Police Service of Northern Ireland;
b
the Police Service of Northern Ireland Reserve;
c
the police support staff; and
d
traffic wardens.
46 Expenditure by F49Department of Justice for police purposes.
The F48Department of Justice may—
a
make such contribution to the provision or maintenance of such organisations, facilities and services; and
b
make such other payments,
as F50the Department of Justice thinks necessary or expedient for promoting the efficiency and effectiveness of F11—
a
the Police Service of Northern Ireland;
b
the Police Service of Northern Ireland Reserve;
c
the police support staff; and
d
traffic wardens.
Words in Pt. 5 heading 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. 19 (with arts. 28-31)