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

82.—(1) Amend section 74A(1) (restriction on disclosure of information) as follows.

(2) For subsection (2)(c) substitute—

“(c) in relation to the information, the Chief Constable informs the person as required by section 60(10B)(b) or (10D)(b).”

(3) For subsection (3)(b) substitute—

“(b) in relation to the information, the Chief Constable informs the Board as required by section 33A(4)(b) or (6)(b).”

(4) For subsection (4)(b) substitute—

“(b) in relation to the information, the Chief Constable informs the Board or the committee as required by section 59(4I)(b) or (4K)(b).”

(5) In subsection (6) after paragraph (g) insert—

“(h) to the Minister of Justice or the Department of Justice.”

(6) In subsection (7) after paragraph (g) insert—

“(h) to the Minister of Justice or the Department of Justice.”

(7) After subsection (7) insert—

“(7A) In subsections (7B) to (7D) “protected information” means information in relation to which the Chief Constable has given an opinion under section 33A(4)(b), 59(4I)(b) or 60(10B)(b).

(7B) Subsection (6)(h) does not authorise the disclosure of any protected information.

(7C) In the case of protected information supplied to a special purposes committee, subsection (7)(h) does not authorise the disclosure of the information.

(7D) In the case of protected information supplied to the Board, a person disclosing the information by virtue of subsection (7)(h) must inform the Minister of Justice or the Department of Justice that the information is protected information.”

(8) Section 74A continues to apply in relation to any information in relation to which it applies immediately before the coming into force of this Order.

(9) Such information is “protected information” for the purposes of section 74A(7B) to (7D) (as inserted by sub-paragraph (7) above) if, before the coming into force of this Order, the Chief Constable informed (as the case may be)—

(a) the person conducting the inquiry under section 60, or

(b) the Board or a special purposes committee,

that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a) of the Police (Northern Ireland) Act 2000(2).

(1)

Section 74A was inserted by section 27 of the Police (Northern Ireland) Act 2003 (c. 6).

(2)

2000 c. 32.