[F17(1)The Board, or the council with the approval of the Board, may remove a person from office as a political or independent member of a sub-group if satisfied that—U.K.
(a)in the case of an independent member, he failed to make the necessary disclosure in relation to a conviction of his for a criminal offence in Northern Ireland or elsewhere;
(b)in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;
[F2(c)he has been convicted in Northern Ireland or elsewhere after the date of his appointment of a criminal offence (whether committed before or after that date);]
(d)he has become bankrupt or made a composition or arrangement with his creditors;
(e)he has failed to comply with the terms of his appointment; or
(f)he is otherwise unable or unfit to discharge his functions as a member of the sub-group.
(2)“The necessary disclosure”, in relation to a conviction of an independent member, means full disclosure of it—
(a)before his nomination, to the council;
(b)before his appointment, to the Board.
(3)Section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies to determine whether an independent member has acted in breach of the terms of a declaration against terrorism as it applies to determine whether a person who has made a declaration required for the purpose of section 3, 4 or 5 of that Act has acted in breach of the terms of the declaration.
(4)As applied by sub-paragraph (3), section 6 of the Elected Authorities (Northern Ireland) Act 1989 applies with the following modifications—
(a)in subsection (1), for the words from “after” to “the Assembly” substitute “ when he is an independent member of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 ”;
(b)omit subsection (4);
(c)in subsection (5), in the definition of “public meeting” after paragraph (c) insert—
“(d)any meeting of a sub-group established under section 21 of the Police (Northern Ireland) Act 2000 or a committee of such a sub-group (whether or not a meeting which the public is permitted to attend), and
(e)any meeting of a district policing partnership or a committee of a district policing partnership (whether or not a meeting which the public is permitted to attend),”.]
Textual Amendments
F1Sch. 3A inserted (4.9.2007) by Police (Northern Ireland) Act 2003 (c. 6), s. 19, Sch. 1 para. 13; S.R. 2007/371, art. 2(c)
F2Sch. 3A para. 7(1)(c) substituted (N.I.) (4.9.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 27(6), Sch. 9 para. 3 (with s. 1(3)); S.R. 2007/371, art. 3