3A

In this Schedule a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words “if appointed” for the words “ if elected ”

, or

b

he has not made a declaration against terrorism

aa

in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;

3

Section 6 of the Elected Authorities (Northern Ireland) Act 1989 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 district policing partnership ”;

b

omit subsection (4);

c

in subsection (5), in the definition of “public meeting” after paragraph (c) insert—

d

any meeting of a district policing partnership or a committee of a district policing partnership (whether or not a meeting which the public is permitted to attend), and

e

any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and

2

A person is disqualified for being an independent member of a DPP if—

a

he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

b

the relevant period has not ended.

3

The relevant period is the period of five years beginning with the person’s discharge in respect of the offence.

4

For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

a

his release on licence;

b

his release in pursuance of a grant of remission.

5

Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

6

Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

7

Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

8

In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.