- Latest available (Revised)
- Original (As enacted)
Police (Northern Ireland) Act 1998
You are here:
- 1998 c. 32
- SCHEDULE 4
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this schedule contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police (Northern Ireland) Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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 Schedule 4:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- Sch. 4 para. 15 repealed by S.I. 2004/702 (N.I.) Sch. 8
- Sch. 4 para. 18(6) repealed by S.I. 2008/1216 (N.I.) Sch. 6 Pt. 2
- Sch. 4 para. 22 repealed by 2005 c. 15 Sch. 17 Pt. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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):
- s. 41A inserted by S.I. 2010/976 Sch. 3 para. 22
- s. 60A inserted by 2003 c. 6 s. 13(1)
- s. 60A(3) text amended by S.I. 2010/976 Sch. 3 para. 31(a)
- s. 60A(3A) inserted by S.I. 2010/976 Sch. 3 para. 31(b)
- s. 60A(6) inserted by S.I. 2010/976 Sch. 3 para. 31(c)
- s. 60ZA inserted by 2005 c. 15 s. 55(2)(a)
- s. 60ZA(7) inserted by 2007 c. 27 Sch. 8 para. 157
- s. 64A inserted by S.I. 2010/976 Sch. 3 para. 35
Commencement Orders yet to be applied to the Police (Northern Ireland) Act 1998:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.R. 2003/142 art. 3 commences (1998 c. 32)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
- S.I. 2004/786 art. 2 3 commences (2003 c. 32)
- S.I. 2004/913 art. 2 3 commences (2002 c. 30)
- S.I. 2004/3338 art. 2 commences (2003 c. 30)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1432 art. 2 commences (2005 c. 12)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1013 art. 2 commences (2006 c. 11)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.I. 2008/790 art. 2 3 commences (2006 c. 48)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.R. 2003/66 art. 2 3 commences (2000 c. 32)
- S.R. 2005/4 art. 3 commences (S.I. 2004/702 (N.I.))
- S.R. 2005/281 art. 2-5 Sch. 1 2 commences (2002 c. 26)
- S.R. 2005/282 art. 2-5 commences (2004 c. 4)
Section 74.
SCHEDULE 4E+W+S+N.I. Amendments
Annotations:
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 amendments in Sch. 4 see s. 76(1)(3).
The Incitement to Disaffection Act 1934 (c. 56)N.I.
1In section 2(4) of the Incitement to Disaffection Act 1934 for “the Police (Property) Act 1897” there shall be substituted “ section 31 of the Police (Northern Ireland) Act 1998 ”.N.I.
The Police (Overseas Service) Act 1945 (c. 17)E+W+S+N.I.
2The Police (Overseas Service) Act 1945 shall extend to Northern Ireland and section 3(4) of that Act shall accordingly cease to have effect.E+W+S+N.I.
The Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))N.I.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Annotations:
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)
F1Sch. 4 para. 3 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
Prospective
The Police (Scotland) Act 1967 (c. 77)E+W+S+N.I.
4(1)The Police (Scotland) Act 1967 shall be amended as follows.E+W+S+N.I.
(2)In section 38A(1) after paragraph (c) there shall be inserted—
“(ca)temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;”.
(3)In section 38A(6)(c) after “paragraph” insert “ (ca) or ”.
(4)In section 38A(7)(b) after “by or on behalf of” there shall be inserted “ the Police Ombudsman for Northern Ireland or (as the case may be) ”.
The Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))N.I.
5In section 93(3) of the Local Government Act (Northern Ireland) 1972 for “section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968” there shall be substituted “ section 66 of the Police (Northern Ireland) Act 1998 ”.N.I.
The Superannuation (Northern Ireland) Order 1972 (NI 10)N.I.
6In Article 15 of the Superannuation (Northern Ireland) Order 1972 for paragraphs (c), (d) and (e) there shall be substituted—N.I.
“(c)regulations relating to pensions under section 25 or 26 of the Police (Northern Ireland) Act 1998”.
The Overseas Pensions Act 1973 (c. 21)N.I.
7In section 2(2)(d) of the Overseas Pensions Act 1973 after sub-paragraph (ii) there shall be inserted “or N.I.
(iii)a member of the Royal Ulster Constabulary engaged on relevant service within the meaning of section 27(1)(d), (g) or (h) of the Police (Northern Ireland) Act 1998,”.
Prospective
The House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.
8In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the following entry shall be inserted at the appropriate place in alphabetical order—E+W+S+N.I.
“The Police Ombudsman for Northern Ireland.”.
Prospective
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.
9In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 the following entry shall be inserted at the appropriate place in alphabetical order—E+W+S+N.I.
“The Police Ombudsman for Northern Ireland.”.
Prospective
The Fair Employment (Northern Ireland) Act 1976 (c. 25)N.I.
F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Annotations:
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)
F2Sch. 4 para. 10 repealed (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(4), Sch. 5; S.R. 1999/81, art. 3
The Animals (Northern Ireland) Order 1976 (NI 13)N.I.
11In Article 10(9) of the Animals (Northern Ireland) Order 1976 for the words from “has the same meaning” to the end there shall be substituted “ means a member of the Royal Ulster Constabulary holding the rank of inspector or a higher rank ”.N.I.
The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)N.I.
F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Annotations:
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)
F3Sch. 4 para. 12 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
The Criminal Damage (Northern Ireland) Order 1977 (NI 4)N.I.
13In Article 8(3) of the Criminal Damage (Northern Ireland) Order 1977 for “The Police (Property) Act 1897” there shall be substituted “ Section 31 of the Police (Northern Ireland) Act 1998 ” and for “that Act” there shall be substituted “ that section ”.N.I.
The Customs and Excise Act 1979 (c. 2)N.I.
14In section 139(4)(c) of the Customs and Excise Act 1979 for “the Police (Property) Act 1897” there shall be substituted “ section 31 of the Police (Northern Ireland) Act 1998 ”.N.I.
The Firearms (Northern Ireland) Order 1981 (NI 2)N.I.
15In Schedule 1 to the Firearms (Northern Ireland) Order 1981 in paragraph 4 after “1968” there shall be inserted “ or section 66 of the Police (Northern Ireland) Act 1998 ”.N.I.
The Ministry of Defence Police Act 1987 (c. 4)E+W+S+N.I.
16In section 1(2)(c) of the Ministry of Defence Police Act 1987 for “taking and subscribing the oath” there shall be substituted “ making the declaration ”.E+W+S+N.I.
The Official Secrets Act 1989 (c. 6)E+W+S+N.I.
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
Annotations:
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.
Modifications etc. (not altering text)
C1Sch. 4 para. 17 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)N.I.
18(1)The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.N.I.
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In Article 24(5) for “section 1 of the Police (Property) Act 1897” there shall be substituted “ section 31 of the Police (Northern Ireland) Act 1998 ”.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In Article 84 in paragraphs (1) and (2) for “chief superintendent” there shall be substituted “ assistant chief constable ”.
Annotations:
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)
F4Sch. 4 para. 18(2)(4)(5) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
Commencement Information
I1Sch. 4 para. 18 wholly in force at 1.4.1999; Sch. 4 para. 18 not in force at Royal Assent see s. 75(1); Sch. 4 para. 18(2)-(4) in force at 8.10.1998 by S.R. 1998/346; Sch. 4 para. 18(5) in force at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4); Sch. 4 para. 18 in force at 1.4.1999 insofar as not already in force by S.R. 1999/176, art. 3 (with art. 4)
The Criminal Justice (Northern Ireland) Order 1994 (NI 15)N.I.
19In Article 12(3) of the Criminal Justice (Northern Ireland) Order 1994 for sub-paragraphs (a) and (b) there shall be substituted—N.I.
“(a)before the end of the period of 6 months beginning on the date on which the order under Article 11 was made; or
(b)if a successful application under section 31(1) of the Police (Northern Ireland) Act 1998 has been made.”.
The Police Act 1996 (c. 16)E+W+S+N.I.
20(1)The Police Act 1996 shall be amended as follows.E+W+S+N.I.
(2)In section 63(1A)(a) for “section 21 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 27 of the Police (Northern Ireland) Act 1998 ”.
(3)In section 97(1) after paragraph (e) there shall be inserted—
“(ea)temporary service with the Police Ombudsman for Northern Ireland on which a person is engaged in accordance with arrangements made under paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 1998;”.
(4)In section 97(6)(c) after “paragraph” insert “ (ea) or ”.
(5)In section 97(7)(b) after “by or on behalf of” there shall be inserted “ the Police Ombudsman for Northern Ireland or (as the case may be) ”.
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
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)
F5Sch. 4 para. 20(6) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
Commencement Information
I2Sch. 4 para. 20 partly in force; Sch. 4 para. 20 not in force at Royal Assent see s. 75(1); it is provided by S.R. 1999/48, art. 3 that Sch. 4 para. 20(2)(3)(4)(5) and (9) shall come into operation on 9.2.1999 and it is provided by S.R. 1999/176, art. 3 that Sch. 4 para. 20 except sub-paras. (3)-(5) shall come into operation on 1.4.1999
Prospective
The Juries (Northern Ireland) Order 1996 (NI 6)N.I.
21In Schedule 2 to the Juries (Northern Ireland) Order 1996 for the entry “Members and staff of the Independent Commission for Police Complaints for Northern Ireland” there shall be substituted—N.I.
“The Police Ombudsman for Northern Ireland and persons employed by him.”.
The Police Act 1997 (c. 50)E+W+S+N.I.
22(1)The Police Act 1997 shall be amended as follows.E+W+S+N.I.
(2)In section 6(3)(d) for “section 25 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 25 of the Police (Northern Ireland) Act 1998 ”.
(3)In section 9(2)(b) for “section 21 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 27 of the Police (Northern Ireland) Act 1998 ”.
(4)In section 9(3)(c) for “section 25 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 25 of the Police (Northern Ireland) Act 1998 ”.
(5)In section 21(3) for “section 25(2)(k) of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 25(2)(k) of the Police (Northern Ireland) Act 1998 ”.
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In sections 30(1)(c) and 40 for “section 16 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 41 of the Police (Northern Ireland) Act 1998 ”.
(8)In section 39(2)(b) for the words from “Police (Amendment)” to the end there shall be substituted “ Part VII of the Police (Northern Ireland) Act 1998, and for that purpose the regulations may confer additional functions on the Police Ombudsman for Northern Ireland. ”.
(9)In sections 52(3)(d) and 55(3)(c) for “section 25 of the Police Act (Northern Ireland) 1970” there shall be substituted “ section 25 of the Police (Northern Ireland) Act 1998 ”.
Annotations:
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)
F6Sch. 4 para. 22(6) repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
Commencement Information
I3Sch. 4 para. 22 partly in force; Sch. 4 para. 22 not in force at Royal Assent see. s. 75(1); Sch. 4 para. 22(1)-(7)(9) in force at 1.4.1999 by S.R. 1999/176, art. 3
The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)N.I.
23In Article 44(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 for “persons appointed or deemed to have been appointed for the purpose” there shall be substituted “ traffic wardens appointed ”.N.I.
The Race Relations (Northern Ireland) Order 1997 (NI 6)N.I.
F724. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Annotations:
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)
F7Sch. 4 para. 24 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
The Police (Health and Safety)(Northern Ireland) Order 1997 (NI 16)N.I.
F825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Annotations:
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)
F8Sch. 4 para. 25 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
Options/Help
Print Options
Print The Whole Act
Print This Schedule only
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.
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
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
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