Police (Northern Ireland) Act 1998

Section 51.

SCHEDULE 3 U.K. The Police Ombudsman for Northern Ireland

Extent Information

E1 For the extent of Sch. 3 see s. 76(1)(2).

The Ombudsman N.I.

1 (1) The Ombudsman shall be appointed by Her Majesty [F1 on 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 [F2 First 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 [F3 First Minister and deputy First Minister acting jointly] shall give the Ombudsman an opportunity to make, either personally or otherwise, representations to [F4 them] 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 [F5 First Minister and deputy First Minister acting jointly] may specify or on such earlier date as may be agreed between him and the [F5 First Minister and deputy First Minister acting jointly].

Textual Amendments

F1 Words in Sch. 3 para. 1(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(2)(a) (with arts. 28-31)

F2 Words in Sch. 3 para. 1(7) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(2)(b) (with arts. 28-31)

F3 Words in Sch. 3 para. 1(8) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(2)(b) (with arts. 28-31)

F4 Word in Sch. 3 para. 1(8) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(2)(c) (with arts. 28-31)

F5 Words in Sch. 3 para. 1(9) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(2)(b) (with arts. 28-31)

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

2 (1) The [F6 Department 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 [F7 the 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 [F6 Department of Justice] that there are special circumstances which make it right for that person to receive compensation, the [F6 Department of Justice] may make to that person a payment of such amount as the [F6 Department of Justice] may determine.

Textual Amendments

F6 Words in Sch. 3 para. 3 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(3) (with arts. 28-31)

F7 Words in Sch. 3 para. 2(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(4) (with arts. 28-31)

Staff N.I.

3 (1) The Ombudsman may, with the approval of the [F6 Department 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Words in Sch. 3 para. 3 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(3) (with arts. 28-31)

F8 Sch. 3 para. 3(2A)(2B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(5)(a) (with arts. 28-31)

F9 Sch. 3 para. 3(3)(4) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(5)(b) (with arts. 28-31)

4 N.I. The M1 Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 does not require insurance to be effected by the Ombudsman.

Marginal Citations

M1 1972 NI 6.

Assistance by members of the police force N.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 [F10 Board] 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.

Textual Amendments

F10 Words in Sch. 3 para. 5(2) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(7)(a); S.R. 2001/396, art. 2, Sch.

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 [F11 Department 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,

[F12 the 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 [F13 Department of Justice].

(4) Before giving, amending or revoking any directions under this paragraph, the [F13 Department of Justice] shall consult the Chief Constable and the Ombudsman.

Textual Amendments

F11 Words in Sch. 3 para. 6(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(6)(a)(i) (with arts. 28-31)

F12 Words in Sch. 3 para. 6(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(6)(a)(ii) (with arts. 28-31)

F13 Words in Sch. 3 para. 6(3)(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(6)(b) (with arts. 28-31)

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 [F14 section 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 [F15 any 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 [F15 any 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 [F16 any 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).

Textual Amendments

F14 Words in Sch. 3 para. 7(2)(a) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(7)(b); S.R. 2001/396, art. 2, Sch.

F15 Words in Sch. 3 para. 7(3) substituted (1.10.2002) by 2002 c. 30, s. 102(1)(2)(g); S.I. 2002/2306, art. 2(f)(xi)

F16 Words in Sch. 3 para. 7(4)(a) substituted (1.10.2002) by 2002 c. 30, s. 102(4)(5)(e); S.I. 2002/2306, art. 2(f)(xi)

Assistance by members of a police force in Great Britain U.K.

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. U.K.

(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[F17 local 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 [F18 section 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 M2 Police Act 1996 has the same meaning in this paragraph as in that Act.

(9) In the application of this paragraph to Scotland, [F19 the reference to “police authority” is to the Scottish Police Authority].

Extent Information

E2 For extent of para. 8 see s. 76(2).

Textual Amendments

F17 Words in Sch. 3 para. 8(2) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 239; S.I. 2011/3019, art. 3, Sch. 1

F18 Words 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.

F19 Words in Sch. 3 para. 8(9) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 29(3)

Marginal Citations

M2 1996 c. 16.

Exercise of functions N.I.

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

Evidence N.I.

10 N.I. A 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.

Finance N.I.

11 N.I. The [F20 Department of Justice] shall pay to the Ombudsman such sums as appear to the [F20 Department of Justice] to be appropriate for defraying the expenses of the Ombudsman under this Act.

Textual Amendments

F20 Words in Sch. 3 para. 11 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(7) (with arts. 28-31)

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 [F21 Department of Justice] may direct; and

(c) send copies of the statement to the [F21 Department of Justice] and the [F22 Comptroller 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 [F23 Comptroller 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 [F24 the 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.]

Textual Amendments

F21 Words in Sch. 3 para. 12(1)(b)(c) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(8)(a) (with arts. 28-31, Sch. 3 para. 39(12))

F22 Words in Sch. 3 para. 12(1)(c) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(8)(b) (with arts. 28-31, Sch. 3 para. 39(12))

F23 Words in Sch. 3 para. 12(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(8)(c) (with arts. 28-31, Sch. 3 para. 39(12))

F24 Words in Sch. 3 para. 12(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(8)(d) (with arts. 28-31, Sch. 3 para. 39(12))

F25 Sch. 3 para. 12(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 39(8)(e) (with arts. 28-31, Sch. 3 para. 39(12))

Property N.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.