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Police (Northern Ireland) Bill
May 2000



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Research: Fionnuala McKenna
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Orders and regulations.

68. -

(1) Any power of the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

 

 

(2) Orders or regulations under this Act-

 

 

(a) may make different provision for different purposes, cases and circumstances;

 

 

(b) may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate.

 

 

(3) Subsections (1) and (2) do not apply to vesting orders made under section 6.

 

 

(4) A statutory rule made under this Act (other than one containing an order under section 69(3) or 71) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

 

 

 

Interpretation.

69. -

(1) In this Act-  

 

 

"the 1998 Act" means the Police (Northern Ireland) Act 1998;

 

 

"the Board" means the Northern Ireland Policing Board;

 

 

"building" includes any structure;

 

 

"the Chief Constable" means the Chief Constable of the police service;

 

 

"civil service" means the civil service of Northern Ireland or the civil service of the United Kingdom;

 

 

"equipment" includes vehicles, apparatus, furniture, fittings, accoutrements and clothing;

 

 

"financial year" means the period of 12 months ending with 31st March;

 

 

"functions" includes powers and duties;

 

 

"the Ombudsman" means the Police Ombudsman for Northern Ireland;

 

 

"Police Association" means the Police Association for Northern Ireland;

 

 

"the Police Acts" means this Act and the 1998 Act;

 

 

"police purposes" means the purposes of the police force, the police support staff, police service trainees, police service reserve trainees, police cadets and traffic wardens;

 

 

"police service reserve trainee" has the meaning given by section 35(2);

 

 

"police service trainee" has the meaning given by section 34(2);

 

 

"police support staff" has the meaning given by section 3(6);

 

 

"the policing plan" has the meaning given by section 24(1);

 

 

"provide" and "maintain" have the same meaning as, by virtue of section 147 of the Local Government Act (Northern Ireland) 1972, they have for the purposes of that Act;

 

 

"senior officer", in relation to the police service, means an officer above the rank of superintendent;

 

 

"statutory authority" means-

 

 

(a) a body constituted under a statutory provision; or

 

 

(b) a person holding office under a statutory provision;

 

 

"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

 

 

(2) In this Act "the police force" means-

 

 

(a) the police service; and

 

 

(b) the police service reserve.

 

 

(3) The Secretary of State may by order make provision about a name for-

 

 

(a) the police service; and

 

 

(b) the police service reserve.

 

 

(4) In exercising his powers under subsection (3) the Secretary of State shall-

 

 

(a) take into account any advice given to him by the Board; and

 

 

(b) have regard to the need to secure that the membership of the police force is representative of the community in Northern Ireland.

 

 

(5) Until the coming into force of an order under subsection (3)-

 

 

(a) the police service shall be known as "the Police Service"; and

 

 

(b) the police service reserve shall be known as "the Police Service Reserve".

 

 

(6) No order shall be made under subsection (3) unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
 

 

 

 

Amendments, transitional and transitory provisions and repeals.

70. -

(1) The statutory provisions mentioned in Schedule 5 shall be amended as provided in that Schedule.

 

 

(2) In relation to any time after the coming into force of this subsection, any reference in any statutory provision or other document-

 

 

(a) to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the police service;

 

 

(b) to a person holding any other particular rank, or a rank of a particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description, in the police service;

 

 

(c) to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the police service;

 

 

(d) to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the police service reserve;

 

 

(e) to the Royal Ulster Constabulary Reserve shall be construed as a reference to the police service reserve;

 

 

(f) to the Royal Ulster Constabulary in any other context shall be construed as a reference to the police service.

 

 

(3) Schedule 6 (which contains transitional and transitory provisions) shall have effect.

 

 

(4) The statutory provisions mentioned in Schedule 7 are repealed to the extent specified in the third column of that Schedule.

 

 

 

Commencement.

71. -

(1) Except as provided by subsection (2), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

 

 

(2) The following provisions come into force on the day on which this Act is passed-
 

 

 

(a) section 45;

 

 

(b) sections 67, 68 and 69 (except subsection (5));

 

 

(c) paragraph 1 of Schedule 6 and section 70(3) so far as relating thereto.

 

 

(3) An order under this section may appoint different days for different purposes and for different provisions.

 

 

(4) An order under this section may contain such transitional provisions or savings (including provisions modifying this Act or any other statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.

 

 

 

Extent.

72. -

(1) Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

 

 

(2) Section 70(2) extends also to England and Wales and Scotland.

 

 

(3) The amendments and repeals in Schedules 5 and 7 have the same extent as the statutory provisions to which they relate.

 

 

 

Short title.

73. -

This Act may be cited as the Police (Northern Ireland) Act 2000.

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