Police (Northern Ireland) Act 2003

JurisdictionUK Non-devolved
Citation2003 c. 6


Police (Northern Ireland) Act 2003

2003 Chapter 6

An Act to make provision about policing in Northern Ireland and the exercise of police powers in Northern Ireland by persons who are not police officers; and to amend the Police and Criminal Evidence (Northern Ireland) Order 1989.

[8th April 2003]

B e 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:—

1 Policing

Part 1

Policing

Consultation by Secretary of State

Consultation by Secretary of State

S-1 Long-term policing objectives

1 Long-term policing objectives

In section 24 of the Police (Northern Ireland) Act 2000 (c. 32) (Secretary of State's long term policing objectives) for subsection (2) substitute—

(2) Before determining or revising any objectives under this section, the Secretary of State shall consult the Board with a view to obtaining its agreement to the proposed objectives or revision.

(2A) Before determining or revising any objectives under this section, the Secretary of State shall also consult—

(a) the Chief Constable;

(b) the Ombudsman;

(c) the Northern Ireland Human Rights Commission;

(d) the Equality Commission for Northern Ireland; and

(e) such other persons as the Secretary of State considers appropriate.’

S-2 Codes of Practice

2 Codes of Practice

In section 27 of the Police (Northern Ireland) Act 2000 (c. 32) (codes of practice on exercise of functions) for subsection (2) substitute—

(2) Before issuing or revising a code of practice under this section, the Secretary of State shall consult the Board with a view to obtaining its agreement to the proposed code of practice or revision.

(2A) Before issuing or revising a code of practice under this section, the Secretary of State shall also consult—

(a) the Chief Constable;

(b) the Ombudsman;

(c) the Northern Ireland Human Rights Commission;

(d) the Equality Commission for Northern Ireland; and

(e) such other persons as the Secretary of State considers appropriate.’

The Northern Ireland Policing Board

The Northern Ireland Policing Board

S-3 Board's policing objectives

3 Board's policing objectives

(1) Section 25 of the Police (Northern Ireland) Act 2000 (Board's policing objectives) is amended as follows.

(2) In subsection (2) omit the words from ‘but’ to the end.

(3) In subsection (3) before paragraph (a) insert—

‘(aa) take account of any objectives under section 24;’.

S-4 Public meetings of the Board

4 Public meetings of the Board

(1) In paragraph 19(2) of Schedule 1 to the Police (Northern Ireland) Act 2000 (public meetings of the Board) for ‘ten’ substitute ‘eight’.

(2) Paragraph 19(3) of Schedule 1 to that Act shall cease to have effect.

(3) Subsection (1) has effect in relation to years ending on or after the day on which this Act is passed.

S-5 Contracts relating to detention and escort services

5 Contracts relating to detention and escort services

After section 5 of the Police (Northern Ireland) Act 2000 insert—

S-5A

5A

(1) The Board may enter into a contract with another person for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody.

(2) The powers of the Board under this section shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.

(3) The power conferred by this section is subject to any regulations under section 40 of the 1998 Act.’

S-6 Funding for pension purposes

6 Funding for pension purposes

(1) The Police (Northern Ireland) Act 2000 (c. 32) is amended as set out in subsections (2) to (11).

(2) In section 9(1) (grants to the Board) for ‘a grant for police purposes’ substitute—

‘—

(a) a grant for pension purposes;

(b) a grant for other police purposes.’

(3) In section 9(2) for ‘A grant’ substitute ‘Grants’.

(4) In section 10 (funding for police purposes: ancillary provisions) for subsection (1) substitute—

(1) The Board shall prepare and submit to the Secretary of State, at such times and in such form as the Secretary of State may direct—

(a) estimates of the receipts and payments of the Board for pension purposes during such period as may be specified in the direction;

(b) estimates of the receipts and payments of the Board for other police purposes during such period as may be specified in the direction.

(1A) The Board shall submit to the Secretary of State such other information relating to the estimates submitted under subsection (1) as he may require.’

(5) In section 10(2)—

(a) for ‘A draft’ substitute ‘Drafts’;

(b) after ‘payments for’ insert ‘pension purposes and other’.

(6) In section 10(3)(a) for ‘draft’ substitute ‘drafts’.

(7) In section 10(4) after ‘police purposes’ insert ‘other than pension purposes’.

(8) In section 10 after subsection (4) insert—

(4A) The Board shall in each financial year put at the disposal of the Chief Constable for pension purposes—

(a) an amount equal to the amount of the grant for pension purposes received in that year by the Board under section 9(1)(a);

(b) any amount received by the Board in that year which is required to be applied for pension purposes by directions under subsection (4) or by any other statutory provision.’

(9) In section 10 for subsection (5) substitute—

(5) The Board shall in each financial year put at the disposal of the Chief Constable for other police purposes—

(a) an amount equal to the amount of the grant for other police purposes received in that year by the Board under section 9(1)(b);

(b) any amount received by the Board in that year which is required to be applied for other police purposes by subsection (4) or directions under that subsection or by any other statutory provision.’

(10) In section 27(1)(b) (codes of practice on exercise of functions by Chief Constable) for ‘section 10(5)’ substitute ‘section 10(4A) or (5)’.

(11) In section 77(1) (interpretation) after the definition of ‘the Ombudsman’ insert—

‘‘pension purposes’ means the purposes of the pension scheme established by regulations under section 25 of the Police (Northern Ireland) Act 1998;’.

(12) Subsections (1) to (11) have effect in relation to financial years ending on or after 31st March 2004.

S-7 Accounts and audit

7 Accounts and audit

(1) Section 12 of the Police (Northern Ireland) Act 2000 (c. 32) (accounts and audit) is amended as set out in subsections (2) to (7).

(2) In subsection (1) for ‘all amounts put at the Chief Constable's disposal under section 10(5)’ substitute ‘each of the amounts specified in subsection (1A)’.

(3) After subsection (1) insert—

(1A) The amounts are—

(a) the amounts put at the Chief Constable's disposal under section 10(4A);

(b) any amount received by the Board and paid into the Police Fund in accordance with regulations under section 28(1) of the Police (Northern Ireland) Act 1998;

(c) any amount received by the Board and paid into the Police Property Fund in accordance with regulations under section 31(4) of that Act;

(d) the other amounts put at the Chief Constable's disposal under section 10(5) of this Act.’

(4) In subsection (3) for ‘The statement of accounts’ substitute ‘Each statement of accounts required under subsection (1)’.

(5) In subsection (4) for ‘the statement’ substitute ‘each statement’ and for ‘they’ substitute ‘the accounts’.

(6) In subsection (5) for ‘the statement’ substitute ‘each statement’.

(7) In subsection (6)(b) for ‘the statement’ substitute ‘each statement’ and after ‘his report’ insert ‘on it’.

(8) Subsections (1) to (7) have effect in relation to financial years ending on or after 31st March 2004.

S-8 Performance summaries

8 Performance summaries

(1) Section 28 of the Police (Northern Ireland) Act 2000 (arrangements relating to economy, efficiency and effectiveness) is amended as set out in subsections (2) to (5).

(2) In subsection (5) omit paragraph (c) and the word ‘and’ immediately preceding it.

(3) After subsection (5) insert—

(5A) The Board shall prepare and publish for each financial year a summary (its ‘performance summary’) of the Board's assessment of—

(a) its and the Chief Constable's performance in the year measured by reference to performance indicators;

(b) the extent to which any performance standard which applied at any time during that year was met.

(5B) The performance summary for a financial year may be published—

(a) with a report issued under section 57(1) for the year, or

(b) with the performance plan for the following year.’

(4) In subsection (6) after ‘performance plan’ insert ‘or publishing its performance summary’.

(5) In subsection (7) at the end insert—

‘; and

‘performance summary’ means a summary prepared by the Board under subsection (5A)’.

(6) Subsections (1) to (5) have effect in relation to financial years ending on or after 31st March 2004.

S-9 Performance summaries: supplementary

9 Performance summaries:...

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