Police (Northern Ireland) Act 1998

the Royal Ulster Constabulary; and

the Royal Ulster Constabulary Reserve.

the workings of Part VII (police complaints and disciplinary proceedings); and

the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 70.

any objectives determined by the Secretary of State under section 14;

the objectives determined, and performance targets established, by the Authority under section 15;

the annual policing plan issued by the Authority under section 17;

the statement of principles issued under section 37;

any code of practice issued by the Secretary of State under section 38.

the power to engage and dismiss employees under subsection (3), the power to direct and control such employees and all other powers and duties of the Authority as employer of such employees; and

the power to direct and control persons providing assistance to the Authority in pursuance of arrangements under subsection (4).

are employed by, or engaged in pursuance of arrangements under subsection (4) in providing assistance to, the Police Authority; and

are by virtue of subsection (5) subject to the direction and control of the Chief Constable,

employed in the civil service; and

engaged, in pursuance of arrangements under section 3(4), in providing assistance to the Police Authority.

his employment in the civil service terminates on the day immediately before the prescribed date; or

he is withdrawn from work with the Authority with effect from the prescribed date.

the Police Authority;

the Chief Constable; and

such organisations as appear to the Secretary of State to represent the interests of persons affected by the regulations.

to such buildings or equipment, or buildings or equipment of such description, as the Secretary of State may direct; or

in such circumstances or cases as the Secretary of State may direct.

either generally or in particular cases or descriptions of case; and

subject to conditions specified therein.

for any reference to the council there shall be substituted a reference to the Police Authority;

for any reference to the Ministry concerned there shall be substituted a reference to the Secretary of State;

for any reference to that Act there shall be substituted a reference to this Act;

in paragraph 6(2) for the words from “the fund” to the end there shall be substituted the words “ funds of the Police Authority (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments made by the Police Authority ”; and

in paragraph 12(2) for “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the Police Authority ”.

the views of the public about matters concerning policing; and

the co-operation of the public with the police in preventing crime.

consult the Chief Constable as to the arrangements that would be appropriate; and

consult each district council in Northern Ireland as to the arrangements that would be appropriate for its district.

an international organisation or institution; or

any other person or body engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the Police Authority or the Chief Constable.

a grant for police purposes; and

a grant for general administrative purposes of the Authority.

shall be of such amount;

shall be paid at such time, or in instalments of such amounts and at such times; and

shall be made on such conditions,

meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;

redeeming any loan previously borrowed or raised under this section; or

any other purpose for which capital moneys may properly be applied.

submit to the Secretary of State such other information relating to those estimates as he may require.

in the form of the draft submitted under subsection (2); or

in that form with such amendments as the Authority may, after consultation with the Chief Constable, determine.

an amount equal to the amount of the grant for police purposes received in that year by the Authority under section 9(1); and

keep proper accounts and proper records in relation to the accounts; and

prepare a statement of accounts in respect of each financial year.

examine, certify and report on each statement of accounts received by him under this section; and

lay copies of the statement of accounts and of his report before each House of Parliament.

the Police Authority;

the Chief Constable; and

such other persons as he thinks appropriate.

consult the Chief Constable; and

consider any views obtained by the Authority in accordance with arrangements made under section 7.

any objectives established by the Secretary of State under section 14; and

the objectives determined by the Authority for a financial year under this section.

any objectives determined by the Secretary of State under section 14;

any objectives determined by the Police Authority under section 15; and

any performance targets established by the Police Authority under that section.

arrange for every strategic policing plan issued or revised by him under this section to be published in such manner as appears to him to be appropriate; and

send a copy of every plan so issued or revised to the Secretary of State and the Police Authority.

any objectives determined by the Secretary of State under section 14;

any objectives determined by the Police Authority under section 15; and

any performance targets established by the Police Authority under that section.

in the form of the draft submitted under subsection (3); or

with such amendments as the Authority may, after consultation with the Chief Constable, determine.

the ranks to be held by members of F10the Police Service of Northern Ireland;

the qualifications for appointment and promotion of members of F10the Police Service of Northern Ireland;

periods of service on probation;

voluntary retirement of members of F10the Police Service of Northern Ireland;

the conduct, efficiency and effectiveness of members of F10the Police Service of Northern Ireland and the maintenance of discipline;

the suspension or dismissal of members of F10the Police Service of Northern Ireland from membership of F10the Police Service of Northern Ireland and from the office of constable;

the maintenance of personal records of members of F10the Police Service of Northern Ireland;

the duties which are or are not to be performed by members of F10the Police Service of Northern Ireland;

the treatment as occasions of police duty of attendance at meetings of the Police Association and of any body recognised by the F144Department of Justice for the purposes of section 35;

the hours of duty, leave, pay and allowances of members of F10the Police Service of Northern Ireland;

the pensions and gratuities in respect of service as a member of F10the Police Service of Northern Ireland (including provision for the recognition for the purposes of such pensions and gratuities of service otherwise than as a member of the police force and for the payment and receipt of transfer values or of other lump sums made for the purpose of creating or restoring rights to such pensions and gratuities); and

the issue, use and return of equipment.

establish, or make provision for the establishment of, procedures for cases in which a member of F10the Police Service of Northern Ireland may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) is decided by the F11Board.

in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

in a case where there is a right of appeal to another person, by a decision of that person.

authorise or require provision to be made by, or confer discretionary powers on, the F145Department of Justice, the F11Board, the Chief Constable or other persons; or

authorise or require the delegation by any person of functions conferred on him by or under the regulations.

as permitted by section 36A of the Police (Northern Ireland) Act 2000; or

where the person appointed holds the rank of superintendent or a higher rank.

regulations made by virtue of subsection (2)(k), as to which the Department of Justice shall invite the views of the Police Advisory Board for England and Wales, or

regulations made by virtue of subsection (2)(j) or (l), as to which section 25A applies.

refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996, and

consider that body's report on the matter.

consider advice on the matter from the Senior Salaries Review Body, or

where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter.

the regulations would affect officers who are not above the rank of chief superintendent as well as those who are, and

the Department of Justice thinks that it would be preferable for the matter to be considered by the same body.

there is not enough time to do so because the need to make the regulations is so urgent, or

it is unnecessary to do so by reason of the nature of the proposed regulations.

the Board,

the Police Association, and

the Chief Constable of the Police Service of Northern Ireland.

the ranks to be held by reserve constables;

the appointment and promotion of reserve constables;

the retirement of reserve constables;

the conduct, efficiency and effectiveness of reserve constables and the maintenance of discipline;

the suspension or dismissal of reserve constables from their office;

the remuneration and allowances of reserve constables; and

the application to reserve constables, subject to such modifications as may be prescribed by the regulations, of any provision made under section 25 or any other statutory provision with respect to pensions F12or gratuities payable to or in respect of members of F13the Police Service of Northern Ireland.

in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

in a case where there is a right of appeal to another person, by a decision of that person.

authorise or require provision to be made by, or confer discretionary powers on, the F149Department of Justice, the F14Board, the Chief Constable or other persons; or

authorise or require the delegation by any person of functions conferred on him by or under the regulations.

service in a police force in Great Britain, on which a member of F15the Police Service of Northern Ireland is engaged with the consent of the Chief Constable and the F151Department of Justice;

temporary service on which a member of the police force is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

seconded service as a F251National Crime Agency officer on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

temporary service on which a member of F15the Police Service of Northern Ireland is engaged in accordance with arrangements under section 8 of this Act;

temporary service as an inspector of constabulary under section 56 of the M1Police Act 1996 on which a member of F15the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;

temporary service under the Crown in connection with the provision by the Secretary of State of such organisations and services as are described in section 57 of the M2Police Act 1996, on which a member of F15the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;

service the expenses of which are payable under section 1(1) of the M3Police (Overseas Service) Act 1945, on which a member of F15the Police Service of Northern Ireland is engaged with the consent of the Chief Constable; F16. . .

service pursuant to an appointment under section 10 of the M4Overseas Development and Co-operation Act 1980, on which a member of F15the Police Service of Northern Ireland is engaged with the consent of the Chief Constable F17, or

service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable.

he shall be entitled at the end of the period of relevant service to revert to F15the Police Service of Northern Ireland in the rank in which he was serving immediately before that period began; and

he shall be treated as if he had been serving in F15the Police Service of Northern Ireland during the period of relevant service for the purpose of any scale prescribed by or under regulations made under section 25 fixing his rate of pay by reference to his length of service.

the reference in paragraph (a) of subsection (3) to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted; and

for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

while engaged on relevant service within subsection (1)(a), is dismissed from that service or is required to resign as an alternative to dismissal; or

has completed a period of relevant service within F119subsection (1)(aa), F128... F137... (cb),F127(cc), (d), (e), (f), (h) or (j); or

while engaged on relevant service within subsection (1)(g), is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the M5Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal,

shall continue to be a constable; and

shall be treated for the purposes of sections F18. . ., 32, 33, 35 and 67 of this Act F19and F93sections 31A and 32 of the Police (Northern Ireland) Act 2000 as if he were a member of F15the Police Service of Northern Ireland.

for references to the Police Service of Northern Ireland of references to the Police Service of Northern Ireland Reserve;

for the references in subsection (3) to section 25 of references to section 26; and

for the reference in subsection (5) to section 25(3) of a reference to section 26(3).

for the establishment, maintenance and operation of the F22Police Fund; and

any damages or costs awarded against the Chief Constable in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in those proceedings; and

any sum required in connection with the settlement of any claim made against the Chief Constable by virtue of this section, if the settlement is approved by the F26Board.

any damages or costs awarded against a member of the police force in proceedings for F27any unlawful conduct of that member;

any costs incurred and not recovered by a member of the police force in such proceedings; and

any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings, if the settlement is approved by the F26Board.

a constable, nor

an employee of the Board,

any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the F154Department of Justice.

any irregularity in the issuing of the warrant; or

any lack of jurisdiction in the person who issued it.

make an order for the delivery of the property to the person appearing to the court to be the owner of the property; or

where the owner cannot be ascertained, make such order with respect to the property as the court thinks fit.

by a member of the police force; or

by a person claiming an interest in the property.

the owner of the property has not been ascertained; and

no order of a competent court has been made with respect to the property.

authorise the sale of property;

in relation to property which is in the possession of the police by virtue of Article 11 of the M7Criminal Justice (Northern Ireland) Order 1994, make (subject to subsection (6)) provision for disposal (including disposal by vesting in the F30Board) in cases where no application under subsection (1) by a claimant of the property has been made within 6 months from the date on which the order was made or no such application has succeeded;

provide for the publication of determinations under paragraph (c)(iv).

the property is perishable; or

custody of the property would involve unreasonable expense or inconvenience,

no application shall be made under subsection (1) by any claimant after the expiration of 6 months from the date on which the order in respect of the property was made under that Article;

questions of promotion affecting individuals; and

(subject to subsection (2)) questions of discipline affecting individuals.

may authorise the Police Association or a section thereof to be associated with a person or body outside the police services of the United Kingdom in such cases and manner, and subject to such conditions and restrictions, as F157the Department of Justice may specify; and

may vary or withdraw an authorisation previously given;

prescribe the constitution and proceedings of the Police Association and of the sections thereof; or

authorise any such section to make rules concerning such matters relating to its constitution and proceedings as may be specified in the regulations.

with respect to the membership of the Police Association;

with respect to the raising of funds by the Police Association by voluntary subscription and the use and management of funds derived from such subscriptions;

with respect to the manner in which representations may be made by the Police Association, or any section thereof, to the F32Board, the Chief Constable or the F159Department of Justice;

for the payment by the F160Department of Justice of expenses incurred in connection with the Police Association;

for modifying any regulations under section 25 or 26 in relation to any member of the police force who is the secretary or an officer of the Police Association and for requiring the Police Association to make contributions in respect of the pay, pension or allowances payable to or in respect of any such person.

the F37Board;

the Chief Constable; and

the Police Association.

the Police Service of Northern Ireland;

the Police Service of Northern Ireland Reserve;

the police support staff; and

traffic wardens.

the Secretary of State, if the inspection relates (in whole or in part other than incidentally) to an excepted matter or reserved matter or to a matter in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision;

otherwise, the Department of Justice;

if the F172Department of Justice so directs, carry out an inspection of the Board’s compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000;

carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the F172Department of Justice may from time to time direct;

make such reports as the F172Department of Justice may from time to time direct.

the inspectors are required to prepare a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)), and

the report might contain (or once completed might contain) protected information,

the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or

such longer period as may be agreed between the Secretary of State and the Department of Justice,

it appears to the inspectors that a report under section 41 (other than a report on an inspection required by the Secretary of State under section 41(3A)) might contain protected information, and

the inspectors have not been required to refer the report to the Secretary of State under subsection (2),

the period of 30 days after the date on which the inspectors refer the report to the Secretary of State, or

such longer period as may be agreed between the Secretary of State and the Department of Justice,

in accordance with subsection (7),

after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

after the period mentioned in subsection (3) or (5) has expired without any notification being given by the Secretary of State.

the Secretary of State may direct the inspectors to exclude from the report any information that, in the opinion of the Secretary of State, is protected information,

the inspectors must exclude that information from the report,

the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a), and

the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

the period of 30 days after the date on which the inspectors refer a matter to the Secretary of State under subsection (10) or (11), or

such longer period as may be agreed between the Secretary of State and the Department of Justice,

in accordance with subsection (14),

after being notified by the Secretary of State that, in the opinion of the Secretary of State, the information in question is not or does not include protected information, or

after the period mentioned in subsection (12) has expired without any notification being given by the Secretary of State.

the Secretary of State may set aside or modify the requirement imposed by the Department of Justice as the Secretary of State thinks appropriate so that the inspectors are not required to disclose any information that, in the opinion of the Secretary of State, is protected information;

the inspectors must proceed accordingly;

the Secretary of State must inform the Department of Justice that the Secretary of State has taken action under paragraph (a); and

the Secretary of State must lay before Parliament a statement that the Secretary of State has taken action under paragraph (a).

would be F180... prejudicial to public order; or

might jeopardise the safety of any person.

the F40Board; and

the Chief Constable.

its comments;

any comments submitted by the Chief Constable in accordance with subsection (4); and

any response which F41the Board has to the comments submitted by the Chief Constable,

subsections (1) to (6) above apply as if references to the Department of Justice were references to the Secretary of State;

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.

the Police Service of Northern Ireland;

the Police Service of Northern Ireland Reserve;

the police support staff; and

traffic wardens.

the Police Service of Northern Ireland;

the Police Service of Northern Ireland Reserve;

the police support staff; and

traffic wardens.

an assessment of the extent to which the annual policing plan for that year issued under section 17 has been carried out; and

arrange for every report issued under subsection (1) to be published in such manner as appears to it to be appropriate; and

send a copy of the report to the Secretary of State.

in such form as may be specified in the requirement under that subsection; and

within the period of one month from the date on which that requirement is made or within such longer period as may be agreed between the Police Authority and the Secretary of State.

in such form as may be specified in the requirement under that subsection; and

within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the Police Authority.

in the public interest ought not to be disclosed; or

is not needed for the discharge of the functions of the Police Authority,

in such form as may be specified in the requirement under that subsection; and

within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the Secretary of State.

in relation to a senior officer, the F45Board; and

in relation to any other member of the police force, the Chief Constable;

• “complaint” shall be construed in accordance with section 52(8);

• “complainant” means the person by, or on behalf of whom, a complaint is made;

• F105 “ the Director ” means the Director of Public Prosecutions for Northern Ireland;

• “disciplinary proceedings” means—

in relation to a member of the F46Police Service of Northern Ireland, proceedings identified as such by regulations under section 25;

in relation to a reserve constable, proceedings identified as such by regulations under section 26;

• “officer of the Ombudsman” means—

a person employed by the Ombudsman under paragraph 3(1) of Schedule 3;

a person providing assistance to the Ombudsman in pursuance of arrangements made under paragraph 3(2) of Schedule 3;

a member of the police force on temporary service with the Ombudsman in accordance with arrangements under paragraph 5 of Schedule 3;

a member of the police force providing assistance to the Ombudsman under paragraph 6 of Schedule 3;

a member of a police force in Great Britain on temporary service with the Ombudsman in accordance with arrangements under paragraph 8 of Schedule 3;

• “the Ombudsman” means the Police Ombudsman for Northern Ireland;

• “police officer” means a member of—

the police force; or

a police force in Great Britain;

• “prescribed” means prescribed by regulations under section 64;

• “serious complaint” means a complaint—

alleging that the conduct complained of resulted in the death of, or serious injury to, some person; or

of such other description as may be prescribed;

• “serious injury” means a fracture, damage to an internal organ or impairment of bodily function.

the efficiency, effectiveness and independence of the police complaints system; and

the confidence of the public and of members of the police force in that system.

be made to the Ombudsman; or

if made to a member of the police force, the F47BoardF106, the Director or the F193Department of Justice, be referred immediately to the Ombudsman.

is made to the Chief Constable; and

appears to the Chief Constable to be a complaint to which subsection (4) applies,

record and consider each complaint made or referred to him under subsection (1); and

determine whether it is a complaint to which subsection (4) applies.

the complainant gives his consent; and

it is not a serious complaint.

that informal resolution of the complaint is impossible; or

that the complaint is for any other reason not suitable for informal resolution,

it appears to the Ombudsman that a complaint is not suitable for informal resolution; or

a complaint is referred to the Ombudsman under section 53(6),

formally investigate the complaint in accordance with section 56; or

refer the complaint to the Chief Constable for formal investigation by a police officer in accordance with section 57.

is not the subject of a complaint,

is not the subject of a complaint,

is not the subject of a complaint,

is not the subject of a complaint,

the F49BoardF198, the Department of JusticeF111... or the Secretary of State, in the case of a matter referred under subsection (1);

the Chief Constable, in the case of a matter referred under subsection (2) or (4),