Police (Northern Ireland) Act 2000

Valid from 04/11/2001

60 Inquiry by Board following report by Chief Constable. N.I.

(1) Where the Board—

(a) has considered a report on any matter submitted by the Chief Constable under section 59, and

(b) considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances,

the Board may, after consultation with the Chief Constable, cause such an inquiry to be held.

(2) The Board shall immediately—

(a) inform the Chief Constable, the Ombudsman and the Secretary of State of any decision to cause an inquiry to be held under this section and of any matter into which inquiry is to be made; and

(b) send a copy of the relevant report under section 59 to the Secretary of State.

(3) If it appears to the Chief Constable that such an inquiry should not be held—

(a) in the interests of national security,

(b) because any matter into which inquiry is to be made relates to an individual and is of a sensitive personal nature,

(c) because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders,

he may refer the decision of the Board to cause an inquiry to be held to the Secretary of State.

(4) The Secretary of State may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Secretary of State, overrule the decision of the Board.

(5) The Secretary of State may overrule the Board only if, in his opinion, the inquiry should not be held on a ground mentioned in subsection (3).

(6) The Board may request a person mentioned in subsection (8) to conduct an inquiry under this section.

(7) The person mentioned in subsection (8) may comply with the request under subsection (6) and shall do so if so directed by the Secretary of State.

(8) The persons are—

(a) the Comptroller and Auditor General;

(b) the Ombudsman;

(c) an inspector of constabulary for Northern Ireland.

(9) The Board may, with the agreement of the Secretary of State, appoint any other person to conduct an inquiry under this section.

(10) An inquiry under this section shall be held in public except where the person conducting it decides that it is necessary in the public interest not to do so.

(11) An inquiry under this section may not deal with a pre-commencement matter.

(12) But subsection (11) does not prevent a person conducting an inquiry under this section from considering information relating to a pre-commencement matter if, and only to the extent that, consideration of that information is necessary for him to be able to discharge his functions in relation to the subject matter of the inquiry.

(13) “Pre-commencement matter” means any act or omission which occurred, or is alleged to have occurred, before the coming into force of this section.

(14) Paragraphs 2 to 5 of Schedule 8 to the M1 Health and Personal Social Services (Northern Ireland) Order 1972 (inquiries and investigations) shall apply to an inquiry under this section with the substitution for references to the Ministry of references to the person conducting the inquiry.

(15) The Board shall pay—

(a) any expenses incurred by the person conducting an inquiry under this section; and

(b) any expenses incurred by any parties appearing at such an inquiry.

(16) The Board shall send a copy of the report of any inquiry under this section to—

(a) the Chief Constable;

(b) the Ombudsman; and

(c) the Secretary of State.

(17) Where the report of the person conducting an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Board so far as appears to it consistent with the public interest.

Marginal Citations

M1 1972 NI 14.