Commentary on Provisions

Article 3 – independent members of the Policing Board

On restoration of devolved government in Northern Ireland in accordance with the timetable set out in the Northern Ireland (St Andrews Agreement) Act 2006, the Secretary of State will be required to appoint nine independent members to the Northern Ireland Policing Board, and to secure that as far as practicable the membership of the Board is representative of the community in Northern Ireland.

Article 3 creates a transitional period, lasting for a maximum of four months. During the transitional period, current members of the Board may be re-appointed as independent members, even if those appointments do not comply fully with paragraphs 6(1)(b) and 8(1) of Schedule 1 to the Police (Northern Ireland) Act 2000.

At the end of the transitional period, those members will cease to hold office, and the Secretary of State must exercise his powers of appointment under paragraph 6(1)(b) of Schedule 1 to that Act again, appointing nine independent members in full compliance with the Act.