Police (Northern Ireland) Act 2003

District policing partnerships

14 Independent members: appointment

In paragraph 4 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (appointment of independent members of district policing partnerships) after sub-paragraph (1) insert—

“(1A) In appointing independent members of a DPP the Board shall so far as practicable secure that the members of the DPP (taken together) are representative of the community in the district.”

15 Independent members: declaration against terrorism

(1) Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing partnerships) is amended as follows.

(2) In paragraph 1 (interpretation) after sub-paragraph (3) insert—

“(3A) In this Schedule a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989, with the substitution of the words “if appointed” for the words “if elected”.”

(3) In paragraph 5 (council’s nominations of independent members) in sub-paragraph (4) after “if” insert “(a)” and after “the DPP” insert— “, or

(b) he has not made a declaration against terrorism”.

(4) In paragraph 7 (removal of members from office) in sub-paragraph (1) after paragraph (a) insert—

“(aa) in the case of an independent member, he has acted in breach of the terms of a declaration against terrorism;”.

(5) In paragraph 7 after sub-paragraph (2) insert—

“(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 district policing partnership”;

(b) omit subsection (4);

(c) in subsection (5), in the definition of “public meeting” after paragraph (c) insert—

“(d) 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), and

(e) 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”.”

(6) Subsections (1) to (5) come into force in accordance with provision made by the Secretary of State by order.

16 Independent members: disqualification

(1) In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (disqualification for membership of district policing partnership) for sub-paragraph (2) substitute—

“(2) A person is disqualified for being an independent member of a DPP if—

(a) he has been convicted in Northern Ireland or elsewhere of any offence and has had passed on him a sentence of imprisonment or detention, and

(b) the relevant period has not ended.

(3) The relevant period is the period of five years beginning with the person’s discharge in respect of the offence.

(4) For the purposes of sub-paragraph (3) the following are to be treated as the discharge of a person (whether or not his release is subject to conditions)—

(a) his release on licence;

(b) his release in pursuance of a grant of remission.

(5) Sub-paragraph (4) does not apply in relation to the release of a person in respect of an offence if he is required to return to prison or detention for a further period in respect of the offence.

(6) Subject to sub-paragraph (7), the reference in sub-paragraph (2) to a sentence of imprisonment or detention does not include a suspended sentence.

(7) Sub-paragraph (6) does not apply in relation to a suspended sentence that has been ordered to take effect.

(8) In this paragraph “suspended sentence” means a sentence of imprisonment or detention that is ordered not to take effect unless the conditions specified in the order are met.”

(2) Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.

17 Disqualification following removal from office

In paragraph 8 of Schedule 3 to the Police (Northern Ireland) Act 2000 (c. 32) (disqualification for membershipof a district policing partnership), after sub-paragraph (1) insert—

“(1A) A person removed from office under paragraph 7(1) is disqualified for membership of a DPP until the date of the next local general election following his removal.”

18 Council’s powers

Schedule 3 to the Police (Northern Ireland) Act 2000 (district policing partnerships) shall be deemed to have been enacted with the following paragraphs inserted after paragraph 10—

“Indemnities

10A The council may indemnify a member of a DPP in respect of liability incurred by him in connection with the business of the DPP.

Insurance against accidents

10B (1) The council may insure against risks of a member of the DPP meeting with a personal accident, whether fatal or not, while he is engaged on the business of the DPP.

(2) Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the DPP.

(3) The council shall pay the sum to the member or his personal representatives, after deducting any expenses incurred in its recovery.

(4) The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 do not apply to any insurance under this paragraph.”

19 Belfast

(1) Schedule 1 makes provision in relation to Belfast.

(2) Subsection (1) comes into force in accordance with provision made by the Secretary of State by order.