Police (Northern Ireland) Act 2000

• Citation: 2000 c. 32
• Sections: 205

Section 1 Name of the police in Northern Ireland.

(1) The body of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).

(2) The body of constables referred to in subsection (1) shall be styled for operational purposes the “ Police Service of Northern Ireland ”.

(3) The body of constables known as the Royal Ulster Constabulary Reserve shall continue in being as the Police Service of Northern Ireland Reserve (incorporating the Royal Ulster Constabulary Reserve).

(4) The body of constables referred to in subsection (3) shall be styled for operational purposes “ The Police Service of Northern Ireland Reserve ”.

Section 2 The Northern Ireland Policing Board.

(1) There shall be a body corporate to be known as the Northern Ireland Policing Board (in this Act referred to as “ the Board ”).

(2) Schedule 1 shall have effect in relation to the Board.

(3) The Police Authority for Northern Ireland is hereby dissolved.

(4) Schedule 2 (which contains provisions for the transfer of the functions, assets, liabilities and staff of the Police Authority for Northern Ireland to the Board and other supplementary provisions) shall have effect.

Section 3 General functions of the Board.

(1) The Board shall secure the maintenance of the police in Northern Ireland.

(2) The Board shall secure that—

(a) the police,

(b) the police support staff, and

(c) traffic wardens appointed by the Board under section 71,

are efficient and effective.

(3) In carrying out its functions under subsections (1) and (2) the Board shall—

(a) in accordance with the following provisions of this Act, hold the Chief Constable to account for the exercise of his functions and those of the police, the police support staff and traffic wardens;

(b) monitor the performance of the police in—

(ia) complying with section 31A(1);

(i) carrying out the general duty under section 32(1);

(ii) complying with the Human Rights Act 1998;

(iii) carrying out the policing plan;

(c) keep itself informed as to—

(i) the workings of Part VII of the 1998 Act (police complaints and disciplinary proceedings) and trends and patterns in complaints under that Part;

(ii) the manner in which complaints from members of the public against traffic wardens are dealt with by the Chief Constable under section 71;

(iii) trends and patterns in crimes committed in Northern Ireland;

(iv) trends and patterns in recruitment to the police and the police support staff;

(v) the extent to which the membership of the police and the police support staff is representative of the community in Northern Ireland;

(d) assess—

(i) the effectiveness of measures taken to secure that the membership of the police and the police support staff is representative of that community;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) the effectiveness of the code of ethics issued under section 52;

(e) make arrangements for obtaining the co-operation of the public with the police in the prevention of crime.

(3A) The Board shall—

(a) monitor the exercise of the functions of the National Crime Agency in Northern Ireland;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) make arrangements for obtaining the co-operation of the public with the National Crime Agency in the prevention of organised crime and serious crime.

(3B) Nothing in subsection (3A) shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.

(4) In carrying out its functions, the Board shall have regard to—

(a) the principle that the policing of Northern Ireland is to be conducted in an impartial manner;

(b) the policing plan;

(c) any code of practice issued by the Department of Justice under section 27; and

(d) the need—

(i) to co-ordinate its activities with those of other statutory authorities; and

(ii) to co-operate with such authorities.

Section 4 Police support staff.

(1) The Board may, subject to the following provisions of this section, employ persons to assist the police.

(2) Senior employees shall be appointed by the Board—

(a) with the approval of the Department of Justice and after consultation with the Chief Constable; and

(b) on such terms and conditions as the Board may, with the approval of the Department of Justice , determine.

(3) Other employees shall be appointed by the Board with the approval of the Department of Justice as to terms and conditions.

(3A) Regulations may make provision as to the suitability for appointment under subsection (3) of persons who are so appointed with a view to their being designated under section 30 or 30A of the Police (Northern Ireland) Act 2003.

(3B) Before making regulations under subsection (3), the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable;

(c) the Police Association; and

(d) any other person or body appearing to the Department of Justice to have an interest in the matter.

(4) The Board may make arrangements for administrative, secretarial or other assistance to be provided for the police by persons employed in the civil service.

(5) The following functions of the Board shall be exercised, on behalf of and in the name of the Board, by the Chief Constable—

(a) the power to direct and control senior employees of the Board and all other powers and duties of the Board as employer of such employees, other than the power to appoint and dismiss;

(b) the power to appoint and dismiss other employees, the power to direct and control such employees and all other powers and duties of the Board as employer of such employees;

(c) the power to direct and control persons providing assistance to the police in pursuance of arrangements under subsection (4).

(6) Persons who—

(a) are employed by the Board under this section, or

(b) are engaged in pursuance of arrangements under subsection (4) in providing assistance to the police,

are referred to in this Act as the “ police support staff ”.

(7) In this section and section 5 “ senior employee ” means an employee of such class or description as may be specified for the purposes of this section by the Board with the approval of the Department of Justice .

Section 5 Power to transfer certain staff to employment of Board.

(1) The Department of Justice may by regulations provide for the transfer to the employment of the Board 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 4(4), in providing assistance to the police.

(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 Board with effect from the prescribed date.

(4) Subsections (5)(b) and (6) of section 4 shall apply in relation to persons transferred to the employment of the Board under this section as they apply in relation to persons employed by the Board under that section who are not senior employees.

(5) Before making any regulations under this section the Department of Justice shall consult—

(a) the Board;

(b) the Chief Constable; and

(c) such organisations as appear to the Department of Justice to represent the interests of persons affected by the regulations.

Section 5A Contracts relating to detention and escort services

(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.

Section 6 Provision and maintenance of buildings and equipment.

(1) The Board may provide and maintain buildings and equipment for police purposes.

(2) The Board may enter into arrangements with any other person for the maintenance, on such terms as the Board 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 Act as maintenance of equipment for police purposes.

(3) 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.

(4) Nothing in this section confers power to acquire or hold land.

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

(6) 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.

Section 7 Acquisition and disposal of land by Board.

(1) The Board may acquire, hold and dispose of land for police purposes.

(2) The power of the Board to acquire land includes power to acquire it compulsorily in accordance with subsections (3) and (4).

(3) Where the Board proposes to acquire any land compulsorily it may apply to the Department of Justice for an order (“ a vesting order ”) vesting that land in the Board and the Department of Justice may make such an order.

(4) 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 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 Board;

(b) for any reference to the Ministry concerned there shall be substituted a reference to the Department of Justice ;

(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 put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 (in this Schedule referred to as “ the compensation fund ”), and shall be discharged by payments out of the compensation fund ” ; 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 Schedule by the Policing Board ” .

Section 8 Provision of advice and assistance to international organisations, etc.

(1) Subject to the provisions of this section, the Board may provide advice and assistance to—

(a) an international organisation or institution; or

(b) any other person or body engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the Board or the Chief Constable.

(2) The power conferred on the Board by subsection (1) includes a power to make arrangements under which a police officer is engaged for a period of temporary service with a body or person within paragraph (a) or (b) of that subsection.

(3) The power conferred by subsection (1) shall not be exercised except with the consent of the Department of Justice which may be given subject to such conditions as appear to the Department of Justice to be appropriate.

(4) Nothing in this section authorises the Board to provide any financial assistance by making a grant or loan or giving a guarantee or indemnity.

(5) The Board may make charges for advice or assistance provided by it under this section.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 9 Grants to, and borrowing by, the Board.

(1) The Department of Justice shall for each financial year make to the Board —

(a) a grant for pension purposes;

(b) a grant for other police purposes.

(2) Grants under this section—

(a) shall be of such amount;

(b) shall be paid at such time, or in instalments of such amounts and at such times; and

(c) shall be made on such conditions,

as the Department of Justice may determine.

(3) A time determined under subsection (2)(b) may fall within or after the financial year concerned.

(4) Subject to subsections (5), (6) and (8), the Board may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require for the purpose of defraying expenses pending the receipt of moneys receivable by the Board.

(5) The total amount owing of money borrowed under subsection (4) shall not at any time exceed such sum as the Department of Justice may specify to the Board in writing.

(6) Any sum borrowed under subsection (4) shall be repaid before the end of the financial year in which it is borrowed.

(7) Subject to subsection (8), the Board may, with the consent of the Department of Justice , borrow or raise money on such terms and subject to such conditions as the Department of Justice may approve upon the security of any property or assets of the Board for all or any of the following purposes—

(a) meeting expenses incurred in connection with any permanent work the cost of which is properly chargeable to capital;

(b) redeeming any loan previously borrowed or raised under this section; or

(c) any other purpose for which capital moneys may properly be applied.

(8) The Board may not borrow or raise money under this section for any purposes other than police purposes.

Section 10 Funding for police purposes – ancillary provisions.

(1) The Board shall prepare and submit to the Department of Justice , at such times and in such form as the Department of Justice 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 Department of Justice such other information relating to the estimates submitted under subsection (1) as the Department of Justice may require.

(2) Drafts of the estimates of receipts and payments for pension purposes and other police purposes shall be submitted by the Chief Constable to the Board.

(3) The estimates submitted by the Board under subsection (1) shall be either—

(a) in the form of the drafts submitted under subsection (2); or

(b) in that form with such amendments as the Board may, after consultation with the Chief Constable, determine.

(4) The Board shall comply with such directions as the Department of Justice may give as to the application of moneys received by the Board otherwise than by way of grant under section 9(1) or paragraph 15 of Schedule 1; and to the extent that any statutory provision or any such direction does not require moneys so received to be applied in a particular manner or for a particular purpose, the Board shall apply those moneys for police purposes other than pension purposes .

(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.

(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.

Section 11 Charges for special services.

The Chief Constable may, at the request of any person, provide special police services subject to the payment to the Board of such charges, or charges on such scales, as may be determined by the Board.

Section 12 Accounts and audit.

(1) The Board shall in relation to each of the amounts specified in subsection (1A) —

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(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.

(2) The functions of the Board under subsection (1) shall be exercised, on behalf of and in the name of the Board, by the Chief Constable.

(3) Each statement of accounts required under subsection (1) shall contain such information and shall be in such form as the Department of Justice may determine.

(4) The Chief Constable shall submit each statement of accounts to the Board within such period after the end of the financial year to which the accounts relate as the Department of Justice may determine.

(5) The Board shall send copies of each statement of accounts to the Department of Justice and the Comptroller and Auditor General for Northern Ireland within such further period as the Department of Justice may determine.

(6) The Comptroller and Auditor General for Northern Ireland shall—

(a) examine, certify and report on each statement of accounts received by him under this section; and

(b) lay copies of each statement of accounts and of his report on it before the Northern Ireland Assembly .

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment.

Section 13 Rewards for diligence.

The Board may, on the recommendation of the Chief Constable, pay rewards for exceptional diligence or other specially meritorious conduct to—

(a) police officers;

(b) members of the police support staff; and

(c) traffic wardens.

Section 14 Establishment of district policing partnerships.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this Part—

“ district commander ” means a police officer designated under section 20(3); and

“ local policing plan ” has the meaning given in section 22(1).

Section 15 Default of council.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15A Default of council: Belfast sub-groups

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16 General functions of district policing partnerships.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17 Annual report by district policing partnership to council.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 18 Reports by district policing partnership to Board.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 19 Code of practice for district policing partnerships.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 20 Police districts.

(1) Each district, other than Belfast, shall be a police district.

(2) In the district of Belfast there shall be such number of police districts (not exceeding 4), as may be determined by the Chief Constable; and each such police district shall consist of such area as may be so determined.

(3) For each police district the Chief Constable shall designate as district commander a police officer of the required rank.

(4) In any statutory provision—

(a) for any reference to a police sub-division there shall be substituted a reference to a police district established under this section;

(b) for any reference to a sub-divisional commander there shall be substituted a reference to a district commander designated under this section.

(5) “ Required rank ” means a rank not less than that of chief inspector.

Section 21 District policing partnership sub-groups for Belfast

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 21A Annual report by sub-groups to Belfast district policing partnership

(1) A sub-group established under section 21 shall, not later than 2 months after the end of each financial year, submit to the district policing partnership for Belfast a general report on the exercise of its functions during that year.

(2) A report under subsection (1) shall include details of the arrangements made under section 21(2)(c).

(3) Before submitting any report under subsection (1), a sub-group shall consult the district commander of its police district.

Section 21B Annual report by Belfast district policing partnership to council

(1) The district policing partnership for Belfast shall, not later than 4 months after the end of each financial year, submit to the district council for Belfast a general report on the exercise during that year of—

(a) its functions;

(b) the functions of the sub-groups established under section 21.

(2) When the district policing partnership submits its report under subsection (1) it shall at the same time—

(a) send to the council copies of the sub-group reports for the year;

(b) send copies of its report and the sub-group reports for the year to the Board.

(3) If the district policing partnership has made arrangements under section 16(1)(c) the report under subsection (1) shall include details of the arrangements.

(4) Before submitting any report under subsection (1), the district policing partnership shall consult the district commander of each police district in the district of Belfast.

(5) The district council shall arrange for a report submitted under subsection (1) to be published in such manner as appears to the council to be appropriate.

(6) The district council may arrange for a sub-group report to be published with the report submitted under subsection (1) if—

(a) the council considers publication of the sub-group report to be appropriate, or

(b) the district policing partnership has requested the publication of the sub-group report.

(7) A “sub-group report” is a report submitted to the district policing partnership under section 21A.

Section 21C Other reports by sub-groups to Belfast district policing partnership

(1) A sub-group established under section 21 shall, whenever so required by the district policing partnership for Belfast, submit to the partnership a report on any matter which is specified in the requirement and is connected with the exercise of its functions.

(2) A report under this section shall be made—

(a) in such form as may be specified in the requirement under subsection (1); and

(b) within the period of 2 months from the date on which that requirement is made, or within such longer period as may be agreed between the sub-group and the partnership.

(3) The partnership may arrange for a report submitted under this section to be published in such manner as appears to the partnership to be appropriate.

(4) Subsection (3) does not apply if the partnership has imposed the requirement under subsection (1) to enable it to comply with a requirement imposed on it under section 21D(1).

Section 21D Reports by Belfast district policing partnership to Board

(1) The district policing partnership for Belfast shall, whenever so required by the Board, submit to the Board a report on any matter which is specified in the requirement and is connected with the exercise of—

(a) its functions, or

(b) the functions of a sub-group established under section 21.

(2) A report under this section shall be made—

(a) in such form as may be specified in the requirement under subsection (1); and

(b) within the required period or such longer period as may be agreed between the district policing partnership and the Board.

(3) The required period is—

(a) 4 months from the date on which the requirement under subsection (1) is made, if the requirement relates wholly or in part to the functions of a sub-group;

(b) 3 months fromthe date on which the requirement under subsection (1) is made, in any other case.

(4) When the district policing partnership submits its report under subsection (1) it shall at the same time send to the Board copies of any related sub-group report.

(5) The Board may arrange for the publication, in such manner as appears to the Board to be appropriate, of—

(a) a report submitted under subsection (1);

(b) a related sub-group report.

(6) A “sub-group report” is a report submitted to the district policing partnership under section 21C.

(7) A sub-group report is related to a report submitted in pursuance of a requirement under subsection (1) if the district policing partnership imposed the requirement to submit the sub-group report to enable it to comply with the requirement under subsection (1).

Section 22 The local policing plan.

(1) Each district commander shall issue, and may from time to time revise, a plan (“ the local policing plan ”) setting out the proposed arrangements for the policing of the police district.

(2) The local policing plan may relate to matters to which the policing plan also relates, or to other matters, but in any event shall be so framed as to be consistent with the policing plan.

(3) Before issuing or revising a local policing plan, the district commander shall consult the policing and community safety partnership whose district is, or includes, the police district and take account of any views expressed.

(3A) Before issuing or revising a local policing plan for a police district established under section 20(2), the district commander shall also consult the district policing and community safety partnership and take account of any views expressed.

(4) The district commander shall arrange for the local policing plan issued or revised under this section to be published in such manner as appears to him to be appropriate.

Section 23 Other community policing arrangements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 24 The Department of Justice’s long term policing objectives.

(1) The Department of Justice may determine, and from time to time revise, long term objectives for the policing of Northern Ireland.

(2) Before determining or revising any objectives under this section, the Department of Justice 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 Department of Justice 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 Department of Justice considers appropriate.

(3) The Department of Justice shall lay before the Northern Ireland Assembly a statement of any objectives determined or revised under this section.

(4) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3) in relation to the laying of a statement as it applies in relation to the laying of a statutory document under an enactment.

Section 25 The Board’s policing objectives.

(1) The Board shall determine, and may from time to time revise, objectives for the policing of Northern Ireland.

(2) Objectives under this section may relate to matters to which objectives under section 24 also relate, or to other matters, ...

(3) Before determining or revising objectives under this section, the Board shall—

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

(a) consult the Chief Constable and the policing committees of policing and community safety partnerships ; and

(b) consider—

(i) any reports received by the Board under Part 3 of the Justice Act (Northern Ireland) 2011; and

(ii) any views of the public obtained under arrangements made under that Part.

Section 26 The Board’s policing plan.

(1) The Board shall, before the beginning of each financial year, issue a plan (“ the policing plan ”) setting out proposed arrangements for the policing of Northern Ireland.

(2) The policing plan shall—

(a) contain an assessment of the requirements for educating and training police officers and members of the police support staff and give particulars of the way in which those requirements are to be met; and

(b) include such other statements and give particulars of such other matters as may be prescribed by regulations made by the Department of Justice .

(3) Before making regulations under subsection (2)(b), the Department of Justice shall consult the Board and the Chief Constable.

(4) A draft of the policing plan shall be submitted by the Chief Constable to the Board for it to consider.

(5) The Board may adopt a policing plan either—

(a) in the form of the draft submitted under subsection (4); or

(b) with such amendments as the Board may, after consultation with the Chief Constable, determine.

(6) Before issuing a policing plan adopted under subsection (5), the Board shall consult the Department of Justice .

(7) The Board shall arrange for the policing plan issued under this section to be published in such manner as appears to the Board to be appropriate.

Section 27 Codes of practice on exercise of functions.

(1) The Department of Justice may issue, and from time to time revise, codes of practice relating to the discharge—

(a) by the Board of any of its functions;

(b) by the Chief Constable of any functions which he exercises—

(i) on behalf of and in the name of the Board;

(ii) in relation to funds put at his disposal under section 10(4A) or (5) ; or

(iii) under section 26 or Part V.

(2) Before issuing or revising a code of practice under this section, the Department of Justice 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 Department of Justice 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 Department of Justice considers appropriate.

(3) The Department of Justice shall publish any code of practice issued or revised under this section in such manner as the Department of Justice thinks appropriate.

Section 28 Arrangements relating to economy, efficiency and effectiveness.

(1) The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.

(2) The arrangements shall require the Board to conduct, at intervals specified in the arrangements, reviews of the way in which its functions are exercised.

(3) The Board shall, in making arrangements which relate to the functions of the Chief Constable, involve him in the making of those arrangements.

(4) The Board shall prepare and publish a plan (its “ performance plan ”) for each financial year containing details of how the arrangements made under subsection (1) in that year are to be implemented.

(5) The performance plan shall—

(a) identify factors (“ performance indicators ”) by reference to which performance in exercising functions can be measured;

(b) set standards (“ performance standards ”) to be met in the exercise of particular functions in relation to performance indicators; ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(6) Before publishing its performance plan or publishing its performance summary , the Board must consult the Department of Justice and the Chief Constable.

(7) In this Part—

“ performance indicators ” and “ performance standards ” have the meaning given in subsection (5); and

“ performance plan ” means a plan published by the Board under subsection (4) ; and

“ performance summary ” means a summary prepared by the Board under subsection (5A) .

Section 29 Audit of performance plans.

(1) A performance plan and a performance summary shall be audited by the Comptroller and Auditor General for Northern Ireland .

(2) An audit of a performance plan or a performance summary is an examination for the purpose of establishing whether the plan or summary was prepared and published in accordance with the requirements of section 28.

(3) Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.

(4) In relation to a performance plan, the Comptroller and Auditor General for Northern Ireland shall issue a report—

(a) certifying that he has audited the plan;

(b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c) stating whether he believes that the performance indicators and performance standards are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;

(d) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(e) recommending whether the Department of Justice should give a direction under section 31(2)(a) or (b).

(4A) In relation to a performance summary, the Comptroller and Auditor General for Northern Ireland shall issue a report—

(a) certifying that he has audited the summary;

(b) stating whether he believes that it was prepared and published in accordance with the requirements of section 28;

(c) if appropriate, recommending how it should be amended so as to accord with the requirements of section 28;

(d) recommending whether the Department of Justice should give a direction under section 31(2)(a).

(5) The Comptroller and Auditor General for Northern Ireland shall send a copy of every report under this section to—

(a) the Board;

(b) the Chief Constable; and

(c) the Department of Justice .

(6) The Comptroller and Auditor General for Northern Ireland shall publish any report under this section on the audit of a performance plan or a performance summary .

(7) Subsections (8) to (11) apply if the Board receives a report which contains a recommendation made under paragraph (c), (d) or (e) of subsection (4) or paragraph (c) or (d) of subsection (4A) .

(8) Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.

(9) The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (8).

(10) The Board shall, without delay, submit the statement it has prepared to the Department of Justice and the Comptroller and Auditor General for Northern Ireland .

(11) The statement shall—

(a) specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;

(b) contain a summary of the result of the consultation required by subsection (9).

Section 30 Examinations.

(1) The Comptroller and Auditor General for Northern Ireland may carry out an examination of the Board’s compliance with the requirements of section 28.

(2) If the Department of Justice directs the Comptroller and Auditor General for Northern Ireland to carry out an examination of the Board’s compliance with the requirements of section 28 in relation to specified functions, the Comptroller and Auditor General for Northern Ireland shall comply with the direction.

(3) Before giving a direction under subsection (2), the Department of Justice shall consult the Comptroller and Auditor General for Northern Ireland .

(4) Article 3 of the Audit and Accountability (Northern Ireland) Order 2003 (right of Comptroller and Auditor General for Northern Ireland to obtain documents and information) applies in relation to an examination under this section as it applies in relation to an examination under Article 8 or 9 of the Audit (Northern Ireland) Order 1987.

(5) Where the Comptroller and Auditor General for Northern Ireland has carried out an examination under this section he shall issue a report.

(6) A report—

(a) shall mention any matter in respect of which the Comptroller and Auditor General for Northern Ireland believes as a result of the examination that the Board is failing to comply with the requirements of section 28;

(b) may, if it mentions a matter under paragraph (a), recommend that the Department of Justice give a direction under section 31(2)(a) or (b).

(7) The Comptroller and Auditor General for Northern Ireland shall send a copy of every report under this section to—

(a) the Board;

(b) the Chief Constable; and

(c) the Department of Justice .

(8) The Comptroller and Auditor General for Northern Ireland shall lay copies of every report under this section before the Northern Ireland Assembly .

(8A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (8) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

(9) In section 41 of the 1998 Act (inspectors of constabulary) for subsection (4) there shall be substituted—

(4) The inspectors shall—

(a) if the Secretary of State so directs, carry out an inspection of the Board’s compliance with the requirements of section 28 of the Police (Northern Ireland) Act 2000;

(b) carry out such other duties for the purpose of furthering the efficiency and effectiveness of the police, the police support staff and traffic wardens as the Secretary of State may from time to time direct;

(c) make such reports as the Secretary of State may from time to time direct.

(10) In section 42(1) of the 1998 Act (publication of certain reports of inspectors) after “under section 41(2) or (3)” there shall be inserted “ and any report of an inspection under section 41(4)(a) ” .

Section 31 Enforcement of duties under section 28.

(1) Subsection (2) applies if the Department of Justice has received a report under section 29(4) or (4A) or 30(5) of this Act, or section 41(4) of the 1998 Act, and it is satisfied that—

(a) the Board is failing to comply with the requirements of section 28; or

(b) it is appropriate to change performance indicators or performance standards contained in a performance plan.

(2) Subject to subsection (3), the Department of Justice may direct the Board—

(a) to take any action which the Department of Justice considers necessary or expedient to secure compliance with the requirement of section 28; or

(b) to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as the Department of Justice considers appropriate.

(3) The Department of Justice shall have regard to any relevant statement before—

(a) giving a direction under subsection (2)(a) or (b) following a recommendation contained in a report by virtue of section 29(4)(c), (d) or (e);

(b) giving a direction under subsection (2)(a) following a recommendation contained in a report by virtue of section 29(4A)(c) or (d).

(4) A relevant statement is a statement submitted to the Department of Justice under section 29(10) before the end of the period mentioned in section 29(8).

Section 31A Core policing principles

(1) Police officers and National Crime Agency officers shall carry out their functions with the aim—

(a) of securing the support of the local community, and

(b) of acting in co-operation with the local community.

(2) In carrying out their functions, police officers and National Crime Agency officers shall be guided by the code of ethics under section 52.

(3) Nothing in this section shall have effect in relation to anything done by a National Crime Agency officer outside Northern Ireland.

Section 32 General functions of the police.

(1) It shall be the general duty of police officers—

(a) to protect life and property;

(b) to preserve order;

(c) to prevent the commission of offences;

(d) where an offence has been committed, to take measures to bring the offender to justice.

(2) A police officer shall have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom waters.

(3) In subsection (2)—

(a) the reference to the powers and privileges of a constable is a reference to all the powers and privileges for the time being exercisable by a constable whether at common law or under any statutory provision,

(b) “ United Kingdom waters ” means the sea and other waters within the seaward limits of the territorial sea,

and that subsection, so far as it relates to the powers under any statutory provision, makes them exercisable throughout the adjacent United Kingdom waters whether or not the statutory provision applies to those waters apart from that subsection.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33 General functions of Chief Constable.

(1) The police shall be under the direction and control of the Chief Constable.

(2) The Chief Constable shall have regard to the policing plan in discharging his functions.

(3) The Chief Constable shall have regard to any code of practice under section 27 in discharging his functions.

(4) The duty under subsection (3) applies only so far as consistent with the duty under subsection (2).

Section 33A Provision of information to Board

(1) The Chief Constable shall supply the Board with such information and documents as the Board may require for the purposes of, or in connection with, the exercise of any of its functions.

(2) Subsection (1) does not require the Chief Constable to supply any information to the Board if it appears to the Chief Constable that the information is—

(a) information the disclosure of which would be likely to put an individual in danger, or

(b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1).

(3) Subsection (4) applies if the Chief Constable supplies the Board with information which, in his opinion, is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(4) The Chief Constable—

(a) must inform the Secretary of State that the information has been supplied to the Board, and

(b) must inform the Secretary of State and the Board that, in his opinion, the information is information which ought not to be disclosed on the ground mentioned in section 76A(1)(a).

(5) Subsection (6) applies if the Chief Constable supplies the Board with information which, in his opinion, is—

(a) information the disclosure of which would be likely to put an individual in danger, or

(b) information which ought not to be disclosed on any of the grounds mentioned in section 76A(1)(b) or (c).

(6) The Chief Constable—

(a) must inform the Minister of Justice that the information has been supplied to the Board, and

(b) must inform the Minister of Justice and the Board that, in his opinion, the information is information of a kind mentioned in paragraph (a) or (b) of subsection (5).

(7) This section applies to the Director General of the National Crime Agency as it applies to the Chief Constable.

(8) In the application of this section to the Director General of the National Crime Agency—

(a) each reference to the Chief Constable is to be read as a reference to the Director General;

(b) the reference in subsection (1) to the exercise of any of the Board’s functions is to be read as a reference to the exercise of any of the Board’s functions in relation to the National Crime Agency;

(c) if subsection (6) applies, the Director General must inform the Secretary of State of the matters set out in subsection (6)(a) and (b) (in addition to informing the Minister of Justice, in the case of subsection (6)(a) and (b), and the Board, in the case of subsection (6)(b));

(d) nothing in this section shall have effect in relation to anything done by the National Crime Agency outside Northern Ireland.

Section 34 Exercise of functions of Chief Constable in cases of absence, incapacity, etc.

(1) There shall be a deputy Chief Constable who may exercise all the functions of the Chief Constable—

(a) during any absence, incapacity or suspension from duty of the Chief Constable; or

(b) during any vacancy in the office of Chief Constable.

(2) The deputy Chief Constable shall not have power to act by virtue of subsection (1) for a continuous period exceeding 3 months except with the consent of the Department of Justice .

(3) Subsection (1) is in addition to, and not in substitution for, any other statutory provision which makes provision for the exercise by any other person of functions of the Chief Constable.

Section 35 Appointment and removal of senior officers.

(1) The Board shall, subject to the approval of the Minister of Justice , appoint the Chief Constable.

(2) The Board shall, subject to the approval of the Minister of Justice and after consultation with the Chief Constable, appoint the other senior officers.

(3) The Board—

(a) may, with the approval of the Minister of Justice , call upon any senior officer to retire in the interests of efficiency or effectiveness; and

(b) shall, if required by the Minister of Justice , call upon the Chief Constable so to retire.

(4) Before granting his approval under subsection (3)(a) or making any requirement under subsection (3)(b), the Minister of Justice shall—

(a) give the officer concerned an opportunity to make, either personally or otherwise, representations to him; and

(b) where any such representations are made—

(i) appoint a person or persons to hold an inquiry and to report to him; and

(ii) consider any report so made.

(5) A copy of any report made under subsection (4) shall be made available to the officer concerned.

(6) The person appointed under subsection (4)(b) (or where two or more persons are so appointed, at least one of those persons) shall be a person who is not a police officer or a person employed in the civil service.

(7) The costs incurred in respect of an inquiry under this section shall be defrayed by the Department of Justice .

(8) A senior officer who is called upon to retire under this section shall retire—

(a) in the case of the Chief Constable, on such date as the Minister of Justice may specify; and

(b) in the case of any other senior officer, on such date as the Board may specify,

or (in either case) on such earlier date as may be agreed between the officer and the Board.

(9) This section has effect subject to any regulations made under section 25 of the 1998 Act.

Section 36 Appointment and promotion of other police officers in the Police Service of Northern Ireland.

(1) This section applies to the Police Service of Northern Ireland.

(2) Subject to subsection (3), appointments and promotions to any rank other than that of a senior officer shall be made, in accordance with regulations under section 25 of the 1998 Act, by the Chief Constable.

(3) A person shall not be appointed to the rank of constable unless he has—

(a) completed such period of service as a trainee (a “ police trainee ”) as may be prescribed by regulations under section 41(3); and

(b) complied with such other conditions relating to training as may be so prescribed.

(4) Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1).

Section 36A Fixed-term appointments to the Police Service of Northern Ireland

(1) The Chief Constable may appoint a person to the Police Service of Northern Ireland for a fixed term not exceeding three years.

(2) Appointments under subsection (1) shall be in accordance with regulations under section 25 of the 1998 Act.

(3) A person shall not be appointed under subsection (1) to the rank of constable or the rank of a senior officer.

(4) The Department of Justice may by order make such modifications as it considers necessary or expedient to any provision of the 1998 Act or this Act in its application to persons appointed under subsection (1).

(5) The Department of Justice shall consult the Board and the Police Association before making an order under subsection (4).

Section 37 Appointments to the Police Service of Northern Ireland Reserve.

(1) This section applies to the Police Service of Northern Ireland Reserve.

(2) Subject to subsection (3), the Chief Constable shall, in accordance with regulations under section 26 of the 1998 Act, appoint its members.

(3) A person shall not be appointed as a reserve constable unless he has—

(a) completed such period of service as a trainee (a “ police reserve trainee ”) as may be prescribed by regulations under section 41(3); and

(b) complied with such other conditions relating to training as may be so prescribed.

Section 38 Attestation of constables.

(1) Every police officer shall, on appointment, be attested as a constable by making before a justice of the peace a declaration in the following form—

I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all individuals and their traditions and beliefs; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof according to law.

(2) The Chief Constable shall take such steps as he considers necessary—

(a) to bring the terms of the declaration to the attention of all police officers appointed before the coming into force of this section; and

(b) to ensure that they understand it and understand the need to carry out their duties in accordance with it.

(3) “Traditions and beliefs” does not include a tradition or belief so far as it is incompatible with the rule of law.

Section 39 Appointment of police trainees.

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police trainees.

Section 40 Appointment of police reserve trainees.

The Chief Constable shall, in accordance with regulations under section 41(3), appoint police reserve trainees.

Section 41 Status etc. of trainees.

(1) The following provisions of the Police Acts (and no others) shall apply to a police trainee and a police reserve trainee as they apply to a police officer—

(a) in the 1998 Act—

(i) section 29 (liability of Chief Constable for wrongful acts);

(ii) section 32 (representation by Police Association);

(iii) section 35 (membership of trade unions);

(iv) section 67 (impersonation);

(v) section 68 (causing disaffection);

(b) in this Act—

(i) section 33(1) (direction and control by Chief Constable);

(ii) section 51 (notifiable memberships).

(2) Any statutory provision (including one amended by Schedule 5) which for any purpose treats a police officer as being in the employment of the Chief Constable or the Policing Board shall apply in relation to a police trainee and a police reserve trainee as it applies in relation to a police officer.

(3) The Department of Justice may make regulations as to the government, administration and conditions of service of police trainees and police reserve trainees.

(3A) Regulations under subsection (3) may make provision as to qualifications and suitability for appointment as a police trainee or police reserve trainee; and such regulations may in particular make provision—

(a) imposing requirements as to nationality, age, skills, competencies and physical and mental fitness;

(b) as to the grounds on which a person is ineligible for appointment.

(4) Regulations under subsection (3) may—

(a) provide for the application to police trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 25 of the 1998 Act;

(b) provide for the application to police reserve trainees, subject to such modifications as may be prescribed by the regulations, of any provision made by regulations under section 26 of the 1998 Act.

(5) In relation to any matter as to which provision may be made by regulations under subsection (3), the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Department of Justice , the Board, the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6) The Department of Justice shall consult both the Board and the Police Association before making any regulations under subsection (3) , other than regulations to which subsection (8) applies .

(7) Subsection (8) applies to regulations under subsection (3), concerning police trainees, on a matter that relates to—

(a) hours of duty,

(b) leave,

(c) pay and allowances, or

(d) the issue, use and return of equipment.

(8) Before making any such regulations the Department of Justice shall—

(a) (subject to subsection (9)) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996 and consider that body's report on the matter, and

(b) supply a draft of the regulations to, and consider any representations made by—

(i) the Board,

(ii) the Police Association, and

(iii) the Chief Constable of the Police Service of Northern Ireland.

(9) The duty in subsection (8)(a) does not apply if the Department of Justice considers that—

(a) there is not enough time to refer to the matter to the Police Remuneration Review Body because the need to make the regulations is so urgent, or

(b) it is unnecessary to do so by reason of the nature of the proposed regulations.