Statutory Instruments
NORTHERN IRELAND
Made
22nd March 2005
Coming into operation
1st April 2005
At the Court at Buckingham Palace, the 22nd day of March 2005
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–
1.—(1) This Order may be cited as the District Policing Partnerships (Northern Ireland) Order 2005.
(2) This Order comes into operation on 1st April 2005.
2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order “the 2000 Act” means the Police (Northern Ireland) Act 2000 (c. 32).
3.—(1) Schedule 3 to the 2000 Act (district policing partnerships) is amended as follows.
(2) In paragraph 1 after sub-paragraph (3) insert—
“(3ZA) In this Schedule, in relation to a DPP and the holding of a local general election—
“the transitional period” means the period—
beginning with the election day; and
ending with the day before the reconstitution date;
“reconstitution date” means the date published by notice of the Board under paragraph 4(1B).”
(3) In paragraph 3(3) for “date of the local general election” substitute “day before the reconstitution date”.
(4) At the end of paragraph 3 add—
“(7) Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph.”
(5) In paragraph 4 after sub-paragraph (1A) insert—
“(1B) Where, following a local government election, the Board has completed the appointment of the independent members of the DPP for a district, it shall publish notice of the date which is to be the reconstitution date in relation to the DPP for that district.
(1C) Notice under sub-paragraph (1B) shall be published in such manner as appears to the Board appropriate for bringing it to the attention of interested persons.”.
(6) In paragraph 4(3) for “date of the local general election” substitute “day before the reconstitution date”.
(7) At the end of paragraph 4 add—
“(7) Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2 and sub-paragraphs (1) and (1A) of this paragraph shall have effect subject to this sub-paragraph.”.
4. In Schedule 3 to the 2000 Act, in paragraph 7(1) (removal of members of DPP) for head (b) substitute—
“(b)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);”.
5. For paragraph 9 of Schedule 3 to the 2000 Act (chairman and vice-chairman of DPP) substitute—
“9.—(1) For each DPP there shall be a chairman appointed by the council from among the political members.
(2) In making appointments to the office of chairman, the council shall ensure that, so far as is practicable—
(a)a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following his appointment;
(b)that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.
(3) Subject to the following provisions of this paragraph, a person shall hold and vacate office as chairman in accordance with the terms of his appointment.
(4) A person may at any time resign as chairman by notice in writing to the council.
(5) If the chairman ceases to be a member of the DPP, he shall also cease to hold office as chairman.
9A.—(1) For each DPP there shall be a vice-chairman elected by the independent members from among such members.
(2) The election of a vice-chairman shall be conducted in accordance with procedures determined by the DPP under paragraph 12(4).
(3) Subject to the following provisions of this paragraph, a person shall hold and vacate office as vice-chairman in accordance with such terms as the Board may determine.
(4) In determining terms under sub-paragraph (3), the Board shall ensure that, so far as is practicable, a person holds office as vice-chairman for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following his election to that office.
(5) A person may at any time resign as vice-chairman by notice in writing to the Board.
(6) If the vice-chairman ceases to be a member of the DPP, he shall also cease to hold office as vice-chairman.”.
A. K. Galloway
Clerk of the Privy Council
(This note is not part of the Order)
This Order makes provision about the membership of district policing partnerships in the period immediately following a local general election. It also amends the law on removal of members following conviction for a criminal offence and makes new provision about chairmen and vice-chairmen of district policing partnerships.