Police (Northern Ireland) Act 1998
Police (Northern Ireland) Act 1998
1998 Chapter 32
An Act to make provision about policing in Northern Ireland and for connected purposes.
[24th July 1998]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
The Police Authority for Northern Ireland.
1 The Police Authority for Northern Ireland.
(1) There shall continue to be a body corporate known as the Police Authority for Northern Ireland.
(2) Section 19 of the Northern Ireland Constitution Act 1973 (discrimination by public authorities) shall apply to the Police Authority.
(3) Schedule 1 shall have effect in relation to the Police Authority.
2 General functions of the Police Authority.
(1) The Police Authority shall secure the maintenance of the police force in Northern Ireland which shall continue to consist of—
(a) the Royal Ulster Constabulary and
(b) the Royal Ulster Constabulary Reserve.
(2) The police force, traffic wardens and the police service staff of the Police Authority shall form a single service which shall be known as the Northern Ireland Police Service.
(3) The Police Authority shall secure that the Northern Ireland Police Service is efficient and effective.
(4) In carrying out its duty under subsection (3), the Police Authority shall keep itself informed as to—
(a) the workings of Part VII (police complaints and disciplinary proceedings) and
(b) the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 70.
(5) In discharging its functions the Police Authority shall have regard to—
(a) any objectives determined by the Secretary of State under section 14
(b) the objectives determined, and performance targets established, by the Authority under section 15
(c) the annual policing plan issued by the Authority under section 17
(d) the statement of principles issued under section 37
(e) any code of practice issued by the Secretary of State under section 38.
3 Staff of the Police Authority.
(1) The Police Authority, with the approval of the Secretary of State, shall appoint a chief executive officer who shall be secretary to the Authority and carry out such other functions as may be assigned to him by the Authority.
(2) The terms and conditions of service of the chief executive officer of the Police Authority shall be such as the Authority may, with the approval of the Secretary of State, determine.
(3) The Police Authority may, with the approval of the Secretary of State as to numbers and terms and conditions of service, employ persons to assist the police force or otherwise to enable the Authority to discharge its functions.
(4) The Police Authority may make arrangements for administrative, secretarial or other assistance to be provided for the Authority by persons employed in the civil service.
(5) Subject to subsection (6), the following functions of the Police Authority shall be exercised, on behalf of and in the name of the Police Authority, by the Chief Constable, namely—
(a) the power to engage and dismiss employees under subsection (3), the power to direct and control such employees and all other powers and duties of the Authority as employer of such employees and
(b) the power to direct and control persons providing assistance to the Authority in pursuance of arrangements under subsection (4).
(6) Subsection (5) does not apply to such of the persons employed by, or engaged in pursuance of arrangements under subsection (4) in providing assistance to, the Police Authority as may be determined by the Authority with the approval of the Secretary of State.
(7) Persons who—
(a) are employed by, or engaged in pursuance of arrangements under subsection (4) in providing assistance to, the Police Authority and
(b) are by virtue of subsection (5) subject to the direction and control of the Chief Constable,
are referred to in this Act as the ‘police service staff’ of the Authority.
4 Power to transfer staff to employment of Police Authority.
(1) The Secretary of State may by regulations provide for the transfer to the employment of the Police Authority of any person to whom this section applies.
(2) Subject to subsection (3), this section applies to any person who immediately before such date as may be prescribed in regulations under subsection (1) ( ‘the prescribed date’ ) is—
(a) employed in the civil service and
(b) engaged, in pursuance of arrangements under section 3(4), in providing assistance to the Police Authority.
(3) This section does not apply to a person if—
(a) his employment in the civil service terminates on the day immediately before the prescribed date or
(b) he is withdrawn from work with the Authority with effect from the prescribed date.
(4) Subsections (5) and (6) of section 3 shall apply in relation to persons transferred to the employment of the Authority under this section as they apply in relation to persons employed by the Authority under subsection (3) of that section.
(5) Before making any regulations under this section the Secretary of State shall consult—
(a) the Police Authority
(b) the Chief Constable and
(c) such organisations as appear to the Secretary of State to represent the interests of persons affected by the regulations.
5 Provision and maintenance of buildings and equipment.
(1) Subject to the following provisions of this section, the Police Authority may for the purposes of its functions provide and maintain buildings and equipment.
(2) Subject to the following provisions of this section, the powers of the Police Authority under this section in so far as they relate to the provision or maintenance of buildings and equipment wholly or mainly for police purposes shall be exercised, on behalf of and in the name of the Authority, by the Chief Constable.
(3) Subsection (2) does not apply—
(a) to such buildings or equipment, or buildings or equipment of such description, as the Secretary of State may direct or
(b) in such circumstances or cases as the Secretary of State may direct.
(4) For the purposes of this section the decision of the Secretary of State as to whether any building or equipment is provided or maintained wholly or mainly for police purposes shall be final.
(5) The Police Authority may enter into arrangements with any other person for the maintenance, on such terms as the Authority with the approval of the Secretary of State may determine, of equipment used by that person and maintenance of equipment carried out in pursuance of any such arrangements shall be treated for the purposes of this section as maintenance of equipment wholly for police purposes.
(6) Nothing in this section confers power to acquire or hold land.
(7) The power conferred by this section to provide buildings shall not be exercised except with the consent of the Secretary of State.
(8) The power conferred by this section to provide equipment is subject to any regulations under section 40.
(9) The power conferred by this section to provide buildings or equipment includes power to enter into a contract with another person for the provision or making available of buildings or equipment together with any services relating to such buildings or equipment.
6 Acquisition and disposal of land by Police Authority.
(1) For the purposes of its functions, the Police Authority may, with the consent of the Secretary of State, acquire, hold and dispose of land.
(2) The consent of the Secretary of State under subsection (1) may be given—
(a) either generally or in particular cases or descriptions of case and
(b) subject to conditions specified therein.
(3) The power of the Police Authority to acquire land includes power to acquire it compulsorily in accordance with subsections (4) and (5).
(4) Where the Police Authority proposes to acquire any land compulsorily it may apply to the Secretary of State for an order ( ‘a vesting order’ ) vesting that land in the Authority and the Secretary of State may make such an order.
(5) Schedule 6 to the Local Government Act Northern Ireland) 1972 shall apply for the purposes of the acquisition of land by means of a vesting order made under this section in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act subject to the following modifications—
(a) for any reference to the council there shall be substituted a reference to the Police Authority
(b) for any reference to the Ministry concerned there shall be substituted a reference to the Secretary of State
(c) for any reference to that Act there shall be substituted a reference to this Act
(d) in paragraph 6(2) for the words from ‘the fund’ to the end there shall be substituted the words ‘funds of the Police Authority (in this Schedule referred to as ‘the compensation fund’ ), and shall be discharged by payments made by the Police Authority’ and
(e) in paragraph 12(2) for ‘the clerk of the council’ there shall be substituted ‘such person as may be designated for the purposes of this...
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