Search Legislation

Police (Northern Ireland) Act 1998

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Police (Northern Ireland) Act 1998, SCHEDULE 3 is up to date with all changes known to be in force on or before 01 October 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 51.

SCHEDULE 3E+W+S+N.I. The Police Ombudsman for Northern Ireland

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1For the extent of Sch. 3 see s. 76(1)(2).

The OmbudsmanN.I.

1(1)The Ombudsman shall be appointed by Her Majesty [F1on the recommendation of the First Minister and deputy First Minister acting jointly].N.I.

(2)Subject to the following provisions of this paragraph, a person shall hold and vacate office as Ombudsman in accordance with the terms of his appointment.

(3)An appointment as Ombudsman may be full-time or part-time.

(4)An appointment as Ombudsman shall be for—

(a)a period of 7 years; or

(b)a period ending on the date on which the person appointed attains the age of 70,

whichever is the shorter.

(5)A person whose term of appointment as Ombudsman expires shall not be eligible for re-appointment.

(6)A person may at any time resign his office as Ombudsman by notice in writing to Her Majesty.

(7)The [F2First Minister and deputy First Minister acting jointly] may call upon the Ombudsman to retire—

(a)in the interests of efficiency or effectiveness; or

(b)if satisfied that the Ombudsman has—

(i)been convicted of a criminal offence; or

(ii)become bankrupt or made a composition or arrangement with his creditors.

(8)Before calling upon the Ombudsman to retire, the [F3First Minister and deputy First Minister acting jointly] shall give the Ombudsman an opportunity to make, either personally or otherwise, representations to [F4them] and shall consider any representations that he makes.

(9)An Ombudsman who is called upon to retire under sub-paragraph (7) shall retire on such date as the [F5First Minister and deputy First Minister acting jointly] may specify or on such earlier date as may be agreed between him and the [F5First Minister and deputy First Minister acting jointly].

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Remuneration, pensions, allowances, etc.N.I.

2(1)The [F6Department of Justice] may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of a person appointed to the office of Ombudsman as [F7the Department of Justice] may determine.N.I.

(2)Where a person ceases to hold office as Ombudsman otherwise than on the expiry of his term of office, and it appears to the [F6Department of Justice] that there are special circumstances which make it right for that person to receive compensation, the [F6Department of Justice] may make to that person a payment of such amount as the [F6Department of Justice] may determine.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

StaffN.I.

3(1)The Ombudsman may, with the approval of the [F6Department of Justice] as to numbers and as to remuneration and other terms and conditions of service, employ such persons as he thinks fit to enable him to carry out his functions.N.I.

(2)The Ombudsman may make arrangements for administrative, secretarial or other assistance to be provided for him by persons employed in the civil service.

[F8(2A)Employment by the Ombudsman shall be included among the kinds of employment

to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and, accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Police Ombudsman for Northern Ireland.

(2B)Where a person who is employed by the Ombudsman and is by reference to that employment a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 is appointed to the office of Ombudsman, the Department of Finance and Personnel may determine that his service in that office may be treated for the purposes of the scheme as service as an employee of the Ombudsman; and his rights under the scheme shall not be affected by paragraph 2(1).]

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

4The M1Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Ombudsman.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M11972 NI 6.

Assistance by members of the police forceN.I.

5(1)The Ombudsman and the Chief Constable may enter into arrangements for members of the police force to be engaged for a period of temporary service with the Ombudsman.N.I.

(2)Arrangements under this paragraph shall provide for the payment by the Ombudsman to the [F10Board] of such contribution as may be determined by or in accordance with the arrangements.

(3)In this paragraph and paragraph 6 “member of the police force” does not include the Chief Constable.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

6(1)The Chief Constable may, on the application of the Ombudsman, provide members of the police force or other assistance for the purpose of enabling the Ombudsman to meet any special demand on his resources.N.I.

(2)If it appears to the [F11Department of Justice]

(a)that it is expedient that members of the police force or other assistance should be provided for the purpose of enabling the Ombudsman to meet any special demand on his resources; and

(b)that satisfactory arrangements under sub-paragraph (1) cannot be made, or cannot be made in time,

[F12the Department of Justice] may direct the Chief Constable to provide such members of the police force or other assistance for that purpose as may be specified in the direction.

(3)Directions given under sub-paragraph (2) may be amended or revoked by the [F13Department of Justice].

(4)Before giving, amending or revoking any directions under this paragraph, the [F13Department of Justice] shall consult the Chief Constable and the Ombudsman.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

7(1)In this paragraph “relevant service” means—N.I.

(a)temporary service with the Ombudsman on which a member of the police force is engaged in accordance with arrangements under paragraph 5; and

(b)service by a member of the police force providing assistance to the Ombudsman under paragraph 6.

(2)A member of the police force on relevant service shall—

(a)notwithstanding [F14section 33 of the Police (Northern Ireland) Act 2000], be under the direction and control of the Ombudsman; but

(b)have the same powers and privileges and be treated in all other respects as if he were not on relevant service.

(3)The Ombudsman shall be liable in respect of [F15any unlawful conduct of] members of the police force on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of [F15any unlawful conduct of] his servants in the course of their employment, and shall [F15, in the case of a tort,] be treated for all purposes as a joint tortfeasor.

(4)The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay—

(a)any damages or costs awarded against a member of the police force in proceedings for [F16any unlawful conduct of] that member while on relevant service;

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

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(5)The Ombudsman may make arrangements for the legal representation of any member of the police force in any proceedings mentioned in sub-paragraph (4).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Assistance by members of a police force in Great BritainE+W+S+N.I.

8(1)The Ombudsman may enter into arrangements with the chief officer of a police force in Great Britain for members of that police force to be engaged for a period of temporary service with the Ombudsman.E+W+S+N.I.

(2)Arrangements under this paragraph with the chief officer of a police force in Great Britain shall provide for the payment by the Ombudsman to the[F17local policing body] police authority maintaining that police force of such contribution as may be determined by or in accordance with the arrangements.

(3)In the following provisions of this paragraph “relevant service” means temporary service with the Ombudsman on which a member of a police force in Great Britain is engaged in accordance with arrangements under this paragraph.

(4)Notwithstanding anything in any other statutory provision, a member of a police force in Great Britain shall, while engaged on relevant service—

(a)be under the direction and control of the Ombudsman; and

(b)have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters;

and subsection (3) of [F18section 32 of the Police (Northern Ireland) Act 2000] applies for the purposes of this sub-paragraph as it applies for the purposes of subsection (2) of that section.

(5)The Ombudsman shall be liable in respect of torts committed by members of a police force in Great Britain on relevant service in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor.

(6)The Ombudsman may, in such cases and to such extent as appear to him to be appropriate, pay—

(a)any damages or costs awarded against a member of a police force in Great Britain in proceedings for a tort committed by that member while on relevant service;

(b)any costs incurred and not recovered by such a member in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(7)The Ombudsman may make arrangements for the legal representation of any member of the police force in Great Britain in any proceedings mentioned in sub-paragraph (6).

(8)In the application of this paragraph to England and Wales, any expression used in this paragraph and in the M2Police Act 1996 has the same meaning in this paragraph as in that Act.

(9)In the application of this paragraph to Scotland, [F19the reference to “police authority” is to the Scottish Police Authority].

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2For extent of para. 8 see s. 76(2).

Amendments (Textual)

F18Words in Sch. 3 para. 8(4) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(7)(c); S.R. 2001/396, art. 2, Sch.

Marginal Citations

Exercise of functionsN.I.

9Any functions of the Ombudsman under this Act may be performed by any officer of the Ombudsman authorised for the purpose by the Ombudsman.N.I.

EvidenceN.I.

10A document purporting to be duly signed by, or on behalf of, the Ombudsman shall be received in evidence and, unless the contrary is proved, be taken to be so signed.N.I.

FinanceN.I.

11The [F20Department of Justice] shall pay to the Ombudsman such sums as appear to the [F20Department of Justice] to be appropriate for defraying the expenses of the Ombudsman under this Act.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

12(1)The Ombudsman shall—N.I.

(a)keep proper accounts and proper records in relation to the accounts;

(b)prepare in respect of each financial year a statement of accounts in such form as the [F21Department of Justice] may direct; and

(c)send copies of the statement to the [F21Department of Justice] and the [F22Comptroller and Auditor General for Northern Ireland] before the end of the month of August next following the financial year to which the statement relates.

(2)The [F23Comptroller and Auditor General for Northern Ireland] shall examine, certify and report on each statement received by him under this paragraph and shall lay copies of each statement and of his report before [F24the Northern Ireland Assembly].

[F25(3)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (2) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

PropertyN.I.

13(1)The Ombudsman may, for the purposes of his functions as such, acquire, hold and dispose of real or personal property.N.I.

(2)Any real or personal property vesting in the Ombudsman for such purposes shall (unless and until disclaimed or disposed of) vest in his successor in office for the time being.

(3)Where there is a vacancy in the office of Ombudsman at the time when real or personal property would otherwise have vested, the property shall vest in the successor on his appointment.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources