Police (Northern Ireland) Act 1998

42 Publication of reports of inspectors of constabulary.N.I.

(1)Subject to subsection (2), the [F1Department of Justice] shall arrange for any report received by [F2it] under section 41(2) F3...[F4and any report of an inspection under section 41(4)(a)] to be published in such manner as appears to [F2it] to be appropriate.

(2)The [F5Department of Justice] may exclude from publication under subsection (1) any part of a report if, in [F6its] opinion, the publication of that part—

(a)would be F7... prejudicial to public order; or

(b)might jeopardise the safety of any person.

(3)The [F8Department of Justice] shall send a copy of the published report to—

(a)the [F9Board]; and

(b)the Chief Constable.

(4)The [F9Board] shall invite the Chief Constable to submit comments on the published report to [F10the Board] before such date as it may specify.

(5)The [F9Board]shall 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 [F10the Board] has to the comments submitted by the Chief Constable,

to be published in such manner as appears to [F10the Board] to be appropriate.

(6)The [F9Board] shall send a copy of any document published under subsection (5) to the [F11Department of Justice].

[F12(6A)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.]

F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 42(1) 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. 23(a)(i) (with arts. 28-31)

F2Words in s. 42(1) 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. 23(a)(ii) (with arts. 28-31)

F3Word in s. 42(1) omitted (1.4.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 117(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(ff)

F4Words in s. 42(1) inserted (28.2.2003) by Police (Northern Ireland) Act 2000 (c. 32), ss. 30(10), 79(1); S.R. 2003/66, art. 3

F5Words in s. 42(2) 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. 23(b)(i) (with arts. 28-31)

F6Word in s. 42(2) 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. 23(b)(ii) (with arts. 28-31)

F7Words in s. 42(2) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 23(b)(iii) (with arts. 28-31)

F8Words in s. 42(3) 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. 23(c) (with arts. 28-31)

F9Words in s. 42(3)(a)(4)-(7) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(b); S.R. 2001/396, art. 2, Sch.

F10Words in s. 42(4)(5) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(4)(e); S.R. 2001/396, art. 2, Sch.