Search Legislation

The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This section has no associated Explanatory Memorandum

24.—(1) Amend Schedule 8 (Chief Inspector of Criminal Justice) as follows.

(2) In paragraph 1(3) and (4) (resignation and dismissal of Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

(3) In paragraph 2 (salary etc. of Chief Inspector)—

(a)in sub-paragraph (1) for “Secretary of State” (in both places) substitute “Department of Justice”;

(b)after sub-paragraph (1) insert—

(1A) If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972(1) becomes the Chief Inspector, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.; and

(c)omit sub-paragraph (2).

(4) In paragraph 3 (staff)—

(a)in sub-paragraph (1) for “Secretary of State” substitute “Department of Justice”;

(b)after sub-paragraph (2) insert—

(2A) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation 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 Chief Inspector of Criminal Justice in Northern Ireland.

(2B) The Chief Inspector must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A).; and

(c)omit sub-paragraphs (3) and (4) (and the Superannuation Act 1972(2) has effect accordingly).

(5) In paragraph 4 (annual report)—

(a)after sub-paragraph (1) insert—

(1A) The Chief Inspector must send a copy of each annual report to the Department of Justice.

(1B) In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security.

(1C) If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed).

(1D) If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State.

(1E) The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information.

(1F) Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

(a)in accordance with sub-paragraph (1G), or

(b)after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

(c)after the period mentioned in sub-paragraph (1E) has expired without any notification being given by the Secretary of State.

(1G) Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information—

(a)the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;

(b)the Chief Inspector must exclude that information from the report;

(c)the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);

(d)the Secretary of State must lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

(1H) When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

(1I) Where a report is received by the Department of Justice under sub-paragraph (1A), it must—

(a)lay a copy of it before the Northern Ireland Assembly, and

(b)arrange for it to be published.

(1J) But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part—

(a)would be against the public interest, or

(b)might jeopardise the safety of any person.

(1K) If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded.

(1L) Section 41(3) of the Interpretation Act (Northern Ireland) 1954(3) applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.; and

(b)omit sub-paragraphs (2) to (4).

(6) In paragraph 5 (power of Secretary of State to make grants to Chief Inspector) for “Secretary of State” substitute “Department of Justice”.

(7) In paragraph 6 (financial provisions: accounts and statements)—

(a)in sub-paragraphs (2) and (3) for “Secretary of State” (in all places) substitute “Department of Justice”;

(b)in sub-paragraph (3)(b) for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”;

(c)in sub-paragraph (4)—

(i)for “Comptroller and Auditor General” substitute “Comptroller and Auditor General for Northern Ireland”; and

(ii)in paragraph (b) for “each House of Parliament” substitute “the Northern Ireland Assembly”;

(d)after sub-paragraph (4) insert—

(4A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(b) 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.

(8) In paragraph 7(3) (delegation of functions) for “Secretary of State” substitute “Department of Justice”.

(9) In paragraph 8(3) (inspections of PSNI)—

(a)for “Secretary of State” substitute “Department of Justice”;

(b)for “his” substitute “the Department’s”.

(3)

1954 c. 33 (N.I.). Section 41(3) was substituted by S.I. 1999/663.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Opening Options

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

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 made 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