Northern Ireland (St Andrews Agreement) Act 2006

Section 20(1)

SCHEDULE 8 Reconstitution of district policing partnerships

Introduction

1 (1) Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) has effect subject to this Schedule.

(2) In this Schedule—

• “the Board” means the Northern Ireland Policing Board;

• “the commencement date” means the date on which this Schedule comes into force;

• “the council”, in relation to a DPP, means the district council by which the DPP is established;

• “district council” has the same meaning as in the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.));

• “DPP” means a district policing partnership;

• “independent appointment date”, in relation to a DPP, means the date published by the Board under paragraph 4(2) of this Schedule;

• “independent member”, in relation to a DPP, means a member appointed under paragraph 2(3)(b), (4)(b) or (5)(b) of Schedule 3 to the Police (Northern Ireland) Act 2000;

• “political appointment date”, in relation to a DPP, means the date published by the council under paragraph 3(2) of this Schedule;

• “political member”, in relation to a DPP, means a member appointed under paragraph 2(3)(a), (4)(a) or (5)(a) of Schedule 3 to the Police (Northern Ireland) Act 2000.

Report on whether DPPs meet the political condition

2 (1) The Board must comply with the requirements of this paragraph within a period of 15 days beginning with the commencement date.

(2) The Board must consider whether the political condition is met in relation to each DPP.

(3) The Board must submit to the Secretary of State a report on each DPP—

(a) stating whether or not, in the view of the Board, the political condition is met in relation to the DPP, and

(b) setting out its reasons for that view.

(4) The Board must provide to each district council a copy of the report so far as the report relates to the DPP established by that council.

(5) The Board must publish a list of the DPPs which, in its view, do not meet the political condition.

(6) For the purposes of this paragraph the political condition is met in relation to a DPP if the political members of the DPP reflect, so far as practicable, the balance of parties prevailing among the members of the council on the commencement date.

(7) For the purposes of this paragraph an independent member of a council shall be treated as a party.

Appointment of political members of DPPs which do not meet the political condition

3 (1) This paragraph applies in relation to each DPP specified in the list published under paragraph 2(5).

(2) The council must publish notice of the date which is to be the political appointment date in relation to the DPP.

(3) Notice under sub-paragraph (2) must be published in such manner as appears to the council appropriate for bringing it to the attention of interested persons.

(4) The political appointment date in relation to a DPP must be a date no later than three months after the date on which the list is published.

(5) Each person who is a political member of the DPP on the day before the political appointment date shall cease to hold office at the end of that day.

(6) On the political appointment date, the council must appoint political members of the DPP in accordance with Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32); but for this purpose paragraph 3(1) of that Schedule is to have effect as if, for “immediately after the last local general election” there were substituted “on the date on which Schedule 8 to the Northern Ireland (St Andrews Agreement) Act 2006 comes into force”.

(7) A person who ceases to hold office as a political member by virtue of sub-paragraph (5) shall be eligible for re-appointment.

(8) Where a political member of the DPP ceases to hold office at any time during the period—

(a) beginning with the date on which the list is published, and

(b) ending with the day before the political appointment date,

no appointment shall be made to fill the casual vacancy.

(9) Where a person ceases to hold office as chairman of the DPP during that period, no appointment shall be made before the political appointment date to fill the vacancy in the office.

Appointment of independent members of DPPs which do not meet the political condition

4 (1) This paragraph applies in relation to each DPP specified in the list published under paragraph 2(5).

(2) The Board must publish notice of the date which is to be the independent appointment date in relation to the DPP.

(3) Notice under sub-paragraph (2) must be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons.

(4) Each person who is an independent member of the DPP on the day before the independent appointment date shall cease to hold office at the end of that day.

(5) On the independent appointment date, the Board must appoint independent members of the DPP in accordance with Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32).

(6) A person who ceases to hold office as an independent member by virtue of sub-paragraph (4) shall be eligible for re-appointment.

(7) Where an independent member of the DPP ceases to hold office at any time during the period—

(a) beginning with the date on which the list is published, and

(b) ending with the day before the independent appointment date,

no appointment shall be made to fill the casual vacancy.

(8) Where a person ceases to hold office as vice-chairman of the DPP during that period, no election shall be conducted before the independent appointment date to fill the vacancy in the office.

Supplementary provisions

5 (1) Section 15 of the Police (Northern Ireland) Act 2000 shall apply in relation to a failure by a district council to comply with any provision of this Schedule as it applies in relation to a failure by a district council to comply with any provision of Schedule 3 to that Act.

(2) Paragraph 6 of Schedule 3 to that Act shall apply in relation to any functions of a district council or the Board under this Schedule as it applies in relation to any functions of a district council or the Board under paragraphs 4 and 5 of that Schedule.