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Justice Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Removal of members

8.  (1)  The Policing Board, or the council with the approval of the Policing Board, may remove a person (“P”) from office as a political or independent member of a PCSP if satisfied that—

(a)in the case of an independent member, P failed to make the necessary disclosure in relation to P’s conviction for a criminal offence in Northern Ireland or elsewhere;

(b)in the case of an independent member, P has acted in breach of the terms of a declaration against terrorism;

(c)P has been convicted in Northern Ireland or elsewhere after the date of P’s appointment of a criminal offence (whether committed before or after that date);

(d)P has become bankrupt or made a composition or arrangement with P’s creditors;

(e)P has failed to comply with the terms of P’s appointment; or

(f)P is otherwise unable or unfit to discharge P’s functions as a member of the PCSP.

(2) The “necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—

(a)before the nomination of that member, to the council which nominated that member; and

(b)before the appointment of that member, to the Policing Board.

(3) Section 6 of the Elected Authorities (Northern Ireland) Act 1989 (c. 3) 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 PCSP”;

(b)omit subsection (4);

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

(d)any meeting of a PCSP or a DPCSP or a committee of a PCSP or DPCSP (whether or not a meeting which the public is permitted to attend), and.

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