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Police (Northern Ireland) Bill
May 2000



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Research: Fionnuala McKenna
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SCHEDULE 5
 
  AMENDMENTS
 
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
     1. In the Interpretation Act (Northern Ireland) 1954 after section 43 insert-
 
 
"Definitions for police purposes.     43A. In an enactment-
 
    "Chief Constable" means the Chief Constable of the police service;
 
    "constable", except when used in enactments relating to the pay or pensions of, or the general administration of, the police service or the police service reserve, includes-
 
      (a) any member of the police service;
 
      (b) any member of the police service reserve;
 
      (c) any member of any Harbour or Airport Police;
 
      (d) any member of the Naval, Military or Royal Air Force Police or of the Ministry of Defence Police;
 
      (e) any other person having for the time being the powers of a constable;
 
    "Policing Board" means the Northern Ireland Policing Board;
 
    "police district" and "district commander" have the meanings assigned by section 19 of the Police (Northern Ireland) Act 2000;
 
    "the police force" means the police service and the police service reserve;
 
    "reserve constable" means a person appointed a reserve constable under section 35 of the Police (Northern Ireland) Act 2000;
 
    "the police service" and "the police service reserve" have the same meanings as in the Police (Northern Ireland) Act 2000.".
 
Parliamentary Commissioner Act 1967 (1967 c. 13)
     2. In Schedule 2 to the Parliamentary Commissioner Act 1967 at the appropriate place in alphabetical order insert the following entry-
 
  "Northern Ireland Policing Board".
 
 
House of Commons Disqualification Act 1975 (c. 24)
     3. - (1) The House of Commons Disqualification Act 1975 shall be amended as follows.
 
      (2) In section 1(3) in the definition of "police authority" for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board".
 
      (3) In Part III of Schedule 1 at the appropriate place in alphabetical order insert the following entry-
 
  "Chairman or vice-chairman of the Northern Ireland Policing Board".
 
 
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
     4. - (1) The Northern Ireland Assembly Disqualification Act 1975 shall be amended as follows.
 
      (2) In section 1(2) in the definition of "police authority" for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board".
 
 
Health and Safety at Work (Northern Ireland) Order 1978 (NI 9)
     5. In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 for sub-paragraph (a) substitute-
 
 
    "(a) in relation to a member of the police force, means the Chief Constable;".
 
Finance Act 1981 (c. 35)
     6. In section 107(3)(k) of the Finance Act 1981 for "the Police Authority for Northern Ireland" substitute "the Northern Ireland Policing Board".
 
 
Aviation Security Act 1982 (c. 36)
     7. In section 31(3)(c) of the Aviation Security Act 1982 for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board".
 
 
Official Secrets Act 1989 (c. 6)
     8. In section 12(1)(e) of the Official Secrets Act 1989 for the words in brackets substitute "(including the police force within the meaning of the Police (Northern Ireland) Act 2000)".
 
 
Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)
     9. - (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.
 
      (2) In Article 2(2) for the definition of "police officer" substitute-
 
 
    ""police officer" means a member of the police force;".
      (3) In Articles 7(1), 50(2) and 56(14) for "section 48(1) of the Police (Northern Ireland) Act 1998" substitute "section 54(1) of the Police (Northern Ireland) Act 2000".
 
      (4) In Article 32(4)(b) for "Police Authority" substitute "Policing Board".
 
      (5) In Article 75(3) in the definition of "police purposes" for the words from "Royal Ulster Constabulary" to the end substitute "police force and of police support staff (within the meaning of the Police (Northern Ireland) Act 2000).".
 
 
Aviation and Maritime Security Act 1990 (c. 31)
     10. In section 22(4)(b) of the Aviation and Maritime Security Act 1990 for sub-paragraph (ii) substitute-
 
 
      "(ii) in Northern Ireland, by the Northern Ireland Policing Board or an authority which has entered into an agreement with the Police Ombudsman for Northern Ireland under section 60 of the Police (Northern Ireland) Act 1998".
 
Police Act 1996 (c. 16)
     11. - (1) The Police Act 1996 shall be amended as follows.
 
      (2) In section 61(1) for "Royal Ulster Constabulary" substitute "police service (within the meaning of the Police (Northern Ireland) Act 2000)" and for "that Constabulary" substitute "the police service".
 
      (3) In section 97(1)(f) and (7)(b) for "Royal Ulster Constabulary" substitute "police service (within the meaning of the Police (Northern Ireland) Act 2000)".
 
      (4) In section 98(1) to (5) for "Royal Ulster Constabulary" (wherever occurring) substitute "police service".
 
      (5) In section 98 for subsections (8) and (9) substitute-
 
 
    "(8) In this section "the police service" has the same meaning as in the Police (Northern Ireland) Act 2000, and "constable", in relation to Northern Ireland, means a member of the police force within the meaning of that Act.".
 
 
Juries (Northern Ireland) Order 1996 (NI 6)
     12. In Schedule 2 to the Juries (Northern Ireland) Order 1996 for the entries beginning "Members of the Royal Ulster Constabulary" and "Members and staff of the Police Authority" substitute-
 
 
 
    " Members of the police force and any other person employed in any capacity by virtue of which he has the powers and privileges of a constable.
 
    Members and staff of the Policing Board.".
 
Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)
     13. In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 after the entry beginning "A district council" insert the following entry-
 
 
    "A district policing partnership".
 
Proceeds of Crime (Northern Ireland) Order 1996 (NI 9)
     14. In Article 23(5)(a) and (b) of the Proceeds of Crime (Northern Ireland) Order 1996 for "Police Authority for Northern Ireland" substitute "Policing Board".
 
 
Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)
     15. In Article 84(2) of the Road Traffic Offenders (Northern Ireland) Order 1996 for "Police Authority for Northern Ireland" substitute "Policing Board".
 
 
Employment Rights (Northern Ireland) Order 1996 (NI 16)
     16. - (1) The Employment Rights (Northern Ireland) Order 1996 shall be amended as follows.
 
      (2) In Article 72A(2) for sub-paragraph (a) substitute-
 
 
    "(a) in relation to a member of the police force, means the Chief Constable;".
      (3) In Article 169A(2) for sub-paragraph (a) substitute-
 
 
    "(a) in relation to a member of the police force, means the Chief Constable;".
      (4) In Article 243(3) for sub-paragraph (a) substitute-
 
 
    "(a) service as a member of the police force;".
 
Licensing (Northern Ireland) Order 1996 (NI 22)
     17. In Article 84(b) of the Licensing (Northern Ireland) Order 1996 for "Police Authority for Northern Ireland" substitute "Policing Board".
 
 
Registration of Clubs (Northern Ireland) Order 1996 (NI 23)
     18. In Article 51 of the Registration of Clubs (Northern Ireland) Order 1996 for "Police Authority for Northern Ireland" substitute "Policing Board".
 
 
Police Act 1997 (c. 50)
     19. - (1) The Police Act 1997 shall be amended as follows.
 
      (2) In that Act-
 
 
    (a) for "Royal Ulster Constabulary Reserve" (wherever occurring) substitute "police service reserve (within the meaning of the Police (Northern Ireland) Act 2000)"; and
 
    (b) for "Royal Ulster Constabulary" (wherever occurring) substitute "police service (within the meaning of the Police (Northern Ireland) Act 2000)".
      (3) In that Act for "Police Authority for Northern Ireland" (wherever occurring) substitute "Northern Ireland Policing Board".
 
      (4) In section 9(3)(c) for "the Constabulary" substitute "the police service".
 
      (5) In section 23(5) for "section 19(1) of the Police (Northern Ireland) Act 1998" substitute "section 31(1) of the Police (Northern Ireland) Act 2000".
 
      (6) In section 66(3) for "section 25(2)(k) of the Police Act (Northern Ireland) 1970" substitute "section 25(2)(k) of the Police (Northern Ireland) Act 1998".
 
      (7) In Schedule 1 in paragraphs 7(b) and 8(d) for "that Constabulary" substitute "the police service".
 
 
Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
     20. In Articles 44(1), 45, 51 and 54(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 for "Police Authority" (wherever occurring) substitute "Policing Board".
 
 
Police (Health and Safety) (Northern Ireland) Order 1997 (NI 16)
     21. In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order 1997-
 
 
    (a) in the definition of "the relevant authority" for paragraph (a) substitute-
 
      "(a) in relation to the Chief Constable, the Policing Board;";
 
    (b) in the definition of "the relevant fund" for paragraph (aa) substitute-
 
      "(aa) in relation to the police force, funds put at the disposal of the Chief Constable under section 9(5) of the Police (Northern Ireland) Act 2000; and";
 
    (c) in the definition of "the responsible officer" for paragraph (a) substitute-
 
      "(a) in relation to the police force, the Chief Constable;".
 
Police (Northern Ireland) Act 1998 (c. 32)
     22. - (1) The Police (Northern Ireland) Act 1998 shall be amended as follows.
 
      (2) In Part III-
 
 
    (a) for "Police Authority" (wherever occurring) substitute "Board";
 
    (b) in sections 25, 26 and 27 for "the Royal Ulster Constabulary", "the Constabulary" and "that Constabulary" (wherever occurring) substitute "the police service";
 
    (c) in section 27(7)(b) omit "18" and after "this Act" insert "or section 30 of the Police (Northern Ireland) Act 2000";
 
    (d) in section 28(1) for "Royal Ulster Constabulary Fund" substitute "Police Force Fund";
 
    (e) in section 29(2) for "section 10(5)" substitute "section 9(5) of the Police (Northern Ireland) Act 2000";
 
    (f) in section 29(5) for "Royal Ulster Constabulary" substitute "the police service";
 
    (g) in section 31(5)(c)(iv) for "the Authority" substitute "the Board".
      (3) In section 33(2)(c) for "Police Authority" substitute "Board".
 
      (4) In Part V-
 
 
    (a) omit sections 37 and 39;
 
    (b) for "Police Authority" (wherever occurring) substitute "Board";
 
    (c) in sections 41(2), 45(1) and (2) and 46 for "the Northern Ireland Police Service" substitute "-
 
      (a) the police force;
 
      (b) the police support staff; and
 
      (c) traffic wardens.";
 
    (e) in section 42(4) for "the Authority" substitute "the Board".
      (5) In Part VII-
 
 
    (a) for "Police Authority" (wherever occurring) substitute "Board";
 
    (b) in section 50(1) for "Royal Ulster Constabulary" substitute "police service";
 
    (c) in section 55(1) for "the Authority" (wherever occurring) substitute "the Board";
 
    (d) in sections 56(3) and 57(6) for "section 18" substitute "section 30 of the Police (Northern Ireland) Act 2000".
      (6) In Part VIII-
 
 
    (a) in section 72 after subsection (2) insert-
 
    "(2A) Regulations shall not be made under section 25(2)(k) or 26(2)(g) except with the consent of the Treasury.";
 
 
    (b) for section 73 substitute-
 
"Interpretation.     73. - (1) This Act shall be construed as one with the Police (Northern Ireland) Act 2000; and accordingly any word or expression to which a meaning is given by section 69 of that Act has the same meaning in this Act as in that Act.
 
    (2) In this Act "a police force in Great Britain" means a police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967.".
 
      (7) In Schedule 3 in paragraph 5(2) for "Police Authority" substitute "Board".
 
      (8) In Schedule 5, in paragraph 2 for "Royal Ulster Constabulary" substitute "police service".
 
 
Northern Ireland Act 1998 (c. 47)
     23. - (1) The Northern Ireland Act 1998 shall be amended as follows.
 
      (2) In section 75(3) after paragraph (c) insert-
 
 
    "(cc) the Northern Ireland Policing Board, the Chief Constable of the police service and the Police Ombudsman for Northern Ireland;".
      (3) In section 76(7) for paragraph (e) substitute-
 
 
    "(e) members of the police force and the Police Ombudsman for Northern Ireland;".
      (4) In section 98(1) after the definition of "the pledge of office" insert-
 
 
    ""police force" and "police service" have the same meanings as in the Police (Northern Ireland) Act 2000;".
      (5) In Schedule 3 in paragraph 11 for "Royal Ulster Constabulary" substitute "police service" and for "Police Authority for Northern Ireland" substitute "Northern Ireland Policing Board".
 
 
Freedom of Information Act 2000 (c. )
     24. - (1) The Freedom of Information Act 2000 shall be amended as follows.
 
      (2) In Part V of Schedule 1 for paragraphs 69 and 70 substitute-
 
 
  " 69. The Northern Ireland Policing Board.
 
    70. The Chief Constable of the police service (within the meaning of the Police (Northern Ireland) Act 2000).".
 
      (3) In Part VII of Schedule 1 at the appropriate place in alphabetical order insert-
 
 
    "A district policing partnership.".

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